Supreme Court Affirms Robbery, Reverses Burglary Conviction In Candy Man Case

Thursday, January 2, 2014

The Tennessee Supreme Court ruled Monday that Marcus Pope, who committed a robbery after being invited inside the Memphis residence of Carl Brown, could not also be convicted of a burglary. 

In August of 2010, Brown, known as the “Candy Man,” sold snacks and soft drinks through a window of his residence. He recognized Pope as a regular customer and, because of the hot weather, invited him and an unidentified companion inside.

The two men then attacked Brown and stole money that was in his pocket, as well as other items in the residence. Because neither Pope nor his companion had in any way deceived Brown in order to gain entry to the residence, the Supreme Court held that the state statute did not permit a conviction for burglary. 

Tennessee law makes a distinction between burglary – a theft after unauthorized entry into a place where someone resides – and robbery – a theft from a person. 

Pope, who is serving a 10-year sentence for the robbery, may be retried for the lesser offenses of aggravated criminal trespass or criminal trespass, both misdemeanors. 

To read the opinion in State of Tennessee v. Marcus Pope, authored by Chief Justice Gary R. Wade, visit the Opinions section of TNCourts.gov.

Tennessee Tax Revenue For March Released

Department of Finance and Administration Commissioner Larry Martin announced Monday that Tennessee tax revenue fell short of budgeted estimates in March. March sales tax revenues reflect retail activity occurring in February, and overall March revenues were $993.6 million, which is $100.9 million less than we collected in March of 2016 and $70.1 million less than the budgeted estimate ... (click for more)

First Tennessee's Operation Hope Provides Financial Literacy To Underserved Chattanooga Communities

With April being Financial Literacy month, First Tennessee’s Operation HOPE is spreading the word about the services they provide to low-income or moderate-income youth, individuals and families in Chattanooga’s underserved communities. Operation HOPE provides multiple services that help those who are struggling financially to get back on their feet. Their programs include Credit ... (click for more)

City Vows Lincoln Park To Be Preserved Despite Major Road, Sewer Projects

City officials vowed on Tuesday that Lincoln Park will be preserved despite a major road extension and sewer relocation planned nearby. Maura Sullivan, the city's chief operating officer, said the Trust for Public Land will hold public meetings geared around ideas for refurbishing the African-American park that once featured ball fields, a swimming pool and other attractions. ... (click for more)

Teen Shot At Brainerd Tunnel; Gunshot Came From Passing Vehicle

A teen was shot in the Brainerd Tunnel on Tuesday afternoon. He was identified as Adrian Williams, 19.   Chattanooga Police responded at 3:16 p.m. to a shots fired call at the 2600 block of Bailey Avenue (the tunnel).   At the same time officers were arriving on the scene, the victim walked into a local hospital suffering from a non-life threatening gunshot ... (click for more)

Don't Clog Up The Last Remaining Semi-Unobstructed Route Into Town From North Of The River

The proposal to turn Hixson Pike in Riverview into a more pedestrian friendly street is more than absurd.   Let's be honest. This is the last semi-unobstructed route into town from north of the river, due to I-27 construction and the bike lane/parking lot that is North Market Street.  So, now the businesses in Riverview would like parking on this main artery? ... (click for more)

Roy Exum: New Orleans Slaps History

It was balmy and relatively quiet on Sunday afternoon in New Orleans. The flowers of spring were in full flush on Canal Street and, as darkness began to cloak the city, no one was aware that a cadre of police snipers was quietly setting up in a hotel parking garage across from the Liberty Place monument. Shortly after 1 a.m. yesterday morning, a number of large trucks rumbled past ... (click for more)