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

Thursday, January 02, 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.

Attorneys Batts And Taylor Elected To Lead State Drug Court Association

The Tennessee Association of Drug Court Professionals has elected attorneys Kevin Batts and Richard Taylor to leadership positions in the statewide group. Mr. Batts will serve as president and Mr. Taylor will serve as vice president of the association in 2015. Mr. Batts is director of the Drug Court in the 23rd Judicial District, serving five counties of Middle Tennessee. He ... (click for more)

Karen Tindell And Kelly Still Join Southern Community Bank

Robert Stahl, Chattanooga city president of Southern Community Bank, announced Karen Tindell and Kelly Still have joined the Chattanooga branch. “Karen joins the staff as assistant vice president and Kelly joins the staff as a commercial lender,” said Mr. Stahl.  “Together Karen and Kelly collectively have over 50 years’ experience in the financial industry with regional ... (click for more)

2 Suspects Sought In Armed Robbery At Highway 153 Long John Silver's

Police are searching for two suspects in an armed robbery that happened Friday morning. At approximately  8:10  a.m. the Chattanooga Police Department responded to 5317 Highway 153 for a robbery at the Long John Silver's.  Officers discovered that two black men, wearing hoodies and masks, entered the Long John Silver's and forced the assistant manager ... (click for more)

Pair Charged With Beating Man With Stick, Taking His Wallet

Two men are charged with beating a man with a large stick while he slept on the steps of a downtown church, then taking his wallet. Jerry Quincy Allen, 45, and James Leo Boas, 40, both of 727 E. 11th St., are charged with aggravated robbery. In the incident on Wednesday, Bradley Casehart said he and a friend were asleep at Tompkin Chapel Church on Palmetto Street. He ... (click for more)

Please Don't Close The Piccadilly Cafeteria At Hamilton Place - And Response

Oh, no. The Piccadilly Cafeteria at Hamilton Place is closing.  Its last day is Christmas Eve.  I will miss the great food they have there but most of all I will miss their servers, cashiers and waitresses.  They are all so friendly and accommodating.  They make it like it’s a home-style restaurant. I sure wish there was some way that Hamilton Place and ... (click for more)

Roy Exum: The Manger Scene Stays!

When the Freedom From Religion Foundation struck the tiny town of Jay, Fla., earlier this month, the town mayor had a life-sized Nativity scene that had been displayed every Christmas for the past 40 years taken down and sold as “city surplus.” But in Alabama, things are different. When the foundation tried the same thing in Rainbow City, Ala., more people than all those who live ... (click for more)