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STATE OF TENNESSEE v. OVID C. ABRAMS Court:TSC For Appellant: For Appellee: RON E. HARMON CHARLES W. BURSON Savannah, TN Attorney General and Reporter MICHAEL E. MOORE Solicitor General GORDON W. SMITH Associate Solicitor General Nashville, TN JOHN W. OVERTON, JR. Assistant District Attorney Savannah, TN Judge: BIRCH First Paragraph: Ovid C. Abrams, the defendant, appeals the judgment of the Court of Criminal Appeals affirming his first-degree murder conviction. The State did not seek the death penalty, and Abrams received a sentence of life imprisonment. In his appeal, Abrams contends that the evidence adduced against him was insufficient to establish the elements of premeditation and deliberation necessary to sustain a conviction of first-degree murder. We affirm. URL:http://www.tba.org/tba_files/TSC/ABRAMSO.OPN.WP6 STATE OF TENNESSEE, v. JACKIE HAROLD MESSAMORE, _________________________________________________________________ STATE OF TENNESSEE, v. BILLY GENE POWELL, Court:TSC FOR PLAINTIFFS/APPELLANTS: FOR DEFENDANTS/APPELLEES: Charles W. Burson John E. Herbison Attorney General & Reporter Attorney for Appellee Messamore Nashville, Tennessee Nashville, Tennessee Gordon W. Smith Barton F. Robison Associate Solicitor General Attorney for Appellee Powell Nashville, Tennessee Paris, Tennessee Alfred C. Schmutzer, Jr. District Attorney General Sevierville, Tennessee James Gass Assistant Attorney General Sevierville, Tennessee Robert Radford District Attorney General Huntingdon, Tennessee Judge: DROWOTA First Paragraph: This consolidated appeal presents a single issue for our determination: is an indictment issued beyond the statutory limitations period subject to dismissal if it fails to allege that the prosecution was timely commenced within the applicable limitations period by another method. For the reasons that follow, we hold that such indictments are not subject to dismissal. Accordingly, the judgments of the Court of Criminal Appeals dismissing the indictments are reversed and the judgments of the respective trial courts are reinstated. URL:http://www.tba.org/tba_files/TSC/MESSPOWL.OPN.WP6 SHERRI LYNN MILAM FORD, v. PAUL EDWARD FORD, JR Court:TCA D. SCOTT PARSLEY 217 Second Avenue Nashville, TN 37201 ATTORNEY FOR PLAINTIFF/APPELLANT, RONALD D. BUCHANAN 103 Hazel Path Court Hendersonville, TN 37075 ATTORNEY FOR DEFENDANT/APPELLEE Judge: HENRY F. TODD First Paragraph: The captioned defendant has appealed from the disposition of his post divorce petition to enforce a divorce decree entered on July 24, 1987. The divorce decree approved a property settlement agreement placing the two children of the parties with the plaintiff-wife and requiring the defendant to pay $100 per week child support and provide medical insurance and services for the children. URL:http://www.tba.org/tba_files/TCA/FORDSHER.OPN.WP6 GENERAL MOTORS CORPORATION v. DUDLEY W. TAYLOR, COMMISSIONER OF REVENUE FOR THE STATE OF TENNESSEE Court:TCA For the Plaintiff/Appellee: For the Defendant/Appellant: Charles W. Burson Frank N. Stockdale Carney Joe C. Peel Katharine A. Jungkind Nashville, Tennessee Michael R. Marshall Memphis, Tennessee Judge: HOLLY KIRBY LILLARD First Paragraph: This case is appealed to this Court after being remanded to the trial court by the Tennessee Supreme Court in General Motors Corp. v. Taylor, 811 S.W.2d 897 (Tenn. 1991) (hereinafter "General Motors I"). Plaintiff/Appellee General Motors Corporation ("General Motors") filed the lawsuit seeking a refund of corporate excise taxes. In this appeal, the Defendant/Appellant Commissioner of Revenue ("Commissioner") contends that General Motors does not have standing and has not met the procedural prerequisites to its claim for a refund. The trial court found that General Motors fulfilled the procedural requirements and that General Motors was entitled to the refund it sought. We affirm. URL:http://www.tba.org/tba_files/TCA/GM.OPN.WP6 HISTORIC DANDRIDGE LIMITED PARTNERSHIP, FIVE RIVERS LAND COMPANY, General Partner, and ROGER CAMERON and wife, ELIZABETH CAMERON v. MERRILL L. GASS and UNKNOWN CONTRACTOR Court:TCA STANLEY F. RODEN, WITH TESTERMAN, WARREN & RODEN, OF KNOXVILLE, TENNESSEE, FOR APPELLANTS R. LOY WALDROP, JR., WITH LEWIS, KING, KRIEG, WALDROP & CATRON, OF KNOXVILLE, TENNESSEE, FOR APPELLEE JEAN GASS, ADMINISTRATRIX OF THE ESTATE OF MERRILL GASS, DECEASED Judge: Sanders First Paragraph: The real parties in interest in this litigation are Plaintiffs Roger Cameron and Elizabeth Cameron and Defendant-Appellee Merrill Gass, who will be referred to in this opinion as the Plaintiffs and Defendant. URL:http://www.tba.org/tba_files/TCA/HISTODAN.OPN.WP6 CECIL KING v. WILLIAM G. DUNLAP, ET AL Court:TCA JOHN D. SCHWALB, WITH BREWER KRAUSE BROOKS & MILLS, OF NASHVILLE, TENNESSEE, FOR APPELLANT MID-CENTURY FIRE INSURANCE COMPANY CHARLES E. RADER, OF KNOXVILLE, TENNESSEE, FOR APPELLEE Judge: Sanders First Paragraph: Defendant Mid-Century Fire Insurance Company has appealed from a chancery decree awarding the Plaintiff, Cecil King, recovery of most of the proceeds of a fire insurance policy issued to William G. Dunlap and wife, Joyce A. Dunlap, the owners of a residence destroyed by fire which Dunlaps had contracted to deed to King upon King's paying the purchase price of the residence. We affirm. URL:http://www.tba.org/tba_files/TCA/KINGC.OPN.WP6 STATE OF TENNESSEE, DEPARTMENT OF HUMAN SERVICES v. CARLA ANN RIGGS LEWIS MITCHELL Court:TCA WILLIAM ALLEN OF OAK RIDGE FOR APPELLANT CHARLES W. BURSON, Attorney General & Reporter, and LORRAINE LESTER-THOMPSON, Assistant Attorney General, OF NASHVILLE FOR APPELLEE Judge: Goddard First Paragraph: This is a proceeding to terminate the parental rights of Carla Mitchell and Gordon Terry Cheek as to their daughter, Jennifer Elaine Cheek, born August 7, 1983. Mr. Cheek was served by publication, did not answer, and an order was entered terminating his parental rights. Ms. Mitchell contested the case, and after a plenary hearing, her parental rights were likewise terminated. URL:http://www.tba.org/tba_files/TCA/MITCHELC.OPN.WP6 LUANNE F. OVERTON, M.A., Plaintiff, and PHILLIP GUINSBERG, Ph.D., v. THE BOARD OF EXAMINERS IN PSYCHOLOGY OF THE STATE OF TENNESSEE, Court:TCA CHARLES W. BURSON Attorney General and Reporter SUE A. SHELDON Assistant Attorney General 1510 Parkway Towers 404 James Robertson Parkway Nashville, Tennessee 37243 ATTORNEY FOR PLAINTIFF/APPELLEE WILLIAM A. CRAGG 200 Fourth Avenue No. 3rd Floor, Noel Place Nashville, Tennessee 37219 FOR DEFENDANT/APPELLANT Judge: HENRY F. TODD First Paragraph: The appeal involves judicial review under the Administrative Procedure Act of the action of the Board of Examiners in Psychology in ordering discipline of Phillip Guinsberg, a licensed Psychologist. The other captioned plaintiff is not an interested party to this appeal. The Trial Court affirmed the action of the Board, and Philip Guinsberg appealed to this Court. URL:http://www.tba.org/tba_files/TCA/OVERTONL.OPN.WP6 JAMES D. SANDERS, v. TENNESSEE BOARD OF PAROLE, et al, Court:TCA JAMES D. SANDERS, Pro Se L.C.R.C.F. Rt. 1, Box 330 Tiptonville, Tennessee 38079 CHARLES W. BURSON Attorney General and Reporter BRENDA RHOTON LITTLE Counsel to the State Civil Rights and Claims Division 404 James Robertson Parkway Suite 2000 Nashville, Tennessee 37243-0488 ATTORNEYS FOR RESPONDENTS/APPELLEES Judge: SAMUEL L. LEWIS First Paragraph: This is an appeal by petitioner/appellant, James D. Sanders, from the chancery court's dismissal of his petition for writ of certiorari. The petition challenged the decision of respondent/ appellee, the Tennessee Board of Paroles ("Board"), to revoke petitioner's parole. The facts out of which this matter arose are as follows. URL:http://www.tba.org/tba_files/TCA/SANDERSJ.OPN.WP6 J. M. TUCKER, ARCHIE RICHARDSON, CURTIS OWENS, PRESTON W. CARROLL, and C. N. WHICKER, v. HUMPHREYS COUNTY, TENNESSEE, and HUMPHREYS COUNTY BOARD OF COMMISSIONERS, Court:TCA Frank M. Fly P.O. Box 398 Murfreesboro, Tennessee 37133 Barry Turner Deputy Attorney General Environmental Division 450 James Robertson Parkway Nashville, Tennessee 37243 ATTORNEYS FOR PLAINTIFFS/APPELLEES Keith McCord McCord, Troutman & Irwin, P.C. 1300 First Tennessee Plaza P.O. Box 2046 Knoxville, Tennessee 37901 Clifford K. McGown, Jr. 113 North Court Square Waverly, Tennessee 37285 ATTORNEYS FOR PLAINTIFFS/APPELLANTS Judge: HENRY F. TODD First Paragraph: The complexity of this suit and this appeal is demonstrated by the issues presented on appeal by plaintiffs, which issues are: I. Whether the Trial Court erred as a matter of law in holding that defendant, Humphreys County, had the authority in May of 1993 to approve or disapprove Plaintiffs' landfill under T.C.A.SS 68-211-701 through 708 ("Local Approval Law"). II. Whether the action of the Humphreys County Board of Commissioners in voting to disapprove plaintiffs' landfill at a public hearing called at the request of "interested persons" pursuant to T.C.A. S 68-211-703(e) is null and void and violated T.C.A. S 68-211-704(a) and T.C.A. S 5-5-105 as a matter of law. III. Whether the failure of the Humphreys County Board of Commissioners to approve or disapprove Plaintiffs' proposed landfill as required by T.C.A. S 68-211-704(a) constituted approval of the landfill as a matter of law, thereby entitling the plaintiffs to proceed with the permitting of the landfill with the Tennessee Department of Environment and Conservation. IV. Whether the Trial Court erred as a matter of law in holding, at the insistence of the defendant, that the scope of judicial review under T.C.A. S 68-211-704 (c) was by common law writ of certiorari (T.C.A. S 27- 8-101) rather than a de novo trial on all issues in the chancery court. V. Whether the Trial Court erred in denying plaintiffs' motion in limine to exclude or limit and restrict the admissibility and use at trial as evidence certain statements and documents which appear in the transcript of the public hearing, in re: Landfill Proposal, conducted on May 11, 1993, and thereafter allowed such statements and documents to be introduced as evidence over objections of plaintiffs. VI. Whether the Trial Court erred as a matter of law in holding that the Humphreys County Board of Commissioners had the discretionary authority to approve or disapprove plaintiffs' landfill under the local approval law. VII. Whether the Trial Court erred as a matter of law in holding that the defendant, Humphreys County Board of Commissioners, did not act arbitrarily, capriciously, illegally or unreasonably in refusing to approve plaintiffs' proposed landfill under the local approval law. VIII. Whether the Trial Court erred as a matter of law in failing to find that the plaintiffs were entitled to approval of their landfill under the local approval law based upon the preponderance of the undisputed, admissible, material and relevant evidence and if so, whether the plaintiffs are entitled to a judgment in this court holding that the defendant was required to approve plaintiffs' landfill under the local approval law. IX. Whether the Trial Court erred in dismissing plaintiffs' claims challenging the constitutionality of the local approval law and T.C.A. S 68-211-105(h) on the grounds that the chancery court lacked subject matter jurisdiction. X. Whether the local approval law (T.C.A. SS 68- 211-701, et seq.) and T.C.A. S 68-211-105(h) are unconstitutional. URL:http://www.tba.org/tba_files/TCA/TUCKERJM.OPN.WP6 WILLIAM PATRICK VARLEY, JR. ,v. PAMELA DAWN VARLEY, Court:TCA Robert Todd Jackson, Nashville, Tennessee Robert L. Jackson, Nashville, Tennessee Attorneys for Defendant/Appellant. Mary Arline Evans, Nashville, Tennessee Attorney for Plaitniff/Appellee. Judge: FARMER First Paragraph: This is a divorce action wherein the appellant, Pamela Dawn Varley (Wife), appeals from the final decree which awarded a divorce and sole custody of the parties' three minor children to Appellee, William Patrick Varley, Jr. (Husband). The children are Bridget Marie, born December 14, 1988, William Patrick Varley, III, born January 23, 1991 and Sadie Ellen Varley, whose date of birth is June 30, 1992. The decree also fails to award Wife alimony. URL:http://www.tba.org/tba_files/TCA/VARLEY.OPN.WP6 JUNE ZOE WILKINSON, v. GRANT ROBERT WILKINSON, ) No. 93D-440 Court:TCA DANIEL D. WARLICK Warlick & Todd 611 Commerce Street Suite 2802, The Tower Nashville, Tennessee 37203 ATTORNEY FOR PLAINTIFF/APPELLANT JOHN J. HOLLINS Hollins, Wagster & Yarbrough Suite 2210, SunTrust Center 424 Church Street Nashville, Tennessee 37219 ATTORNEY FOR DEFENDANT/APPELLEE Judge: SAMUEL L. LEWIS First Paragraph: This is an appeal by plaintiff/appellant, June Zoe Wilkinson ("Wife"), from a final decree of divorce. Wife contends that the trial court erred in awarding the divorce to defendant/appellee, Grant Robert Wilkinson ("Husband"), deviating from the Child Support Guidelines, determining the amount and duration of alimony in futuro, and holding Wife in contempt. URL:http://www.tba.org/tba_files/TCA/WILKINJZ.OPN.WP6 THE WILSON COUNTY SCHOOL SYSTEM, v. CREAD CLIFTON and wife, TAMELA CLIFTON as next of kin for their minor son, WILLIAM (KYLE) CLIFTON Court:TCA MICHAEL R. JENNINGS #6628 326 N. Cumberland Street Lebanon, Tennessee 37087 PLAINTIFFS/APPELLANTS GARY D. BUCHANAN #6780 Tennessee Protection & Advocacy, Inc. Post Office Box 121257 2416 21st Avenue South Nashville, Tennessee 37212 ATTORNEY FOR PLAINTIFFS/APPELLEES Judge: HENRY F. TODD First Paragraph: This is a suit for judicial review of an administrative decision of the Tennessee Department of Education requiring the Wilson County School System to pay for private instruction of a handicapped child. However, the Department of Education was not named as a defendant and has taken no part in the proceedings. URL:http://www.tba.org/tba_files/TCA/WILSONCT.OPN.WP6 RONNIE BARBER, v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: TIMOTHY C. NAIFEH CHARLES W. BURSON 110 S. Court Street Attorney General and Reporter Tiptonville, TN 38079 SARAH M. BRANCH 450 James Robertson Parkway Nashville, TN 37243 PHILLIP BIVENS District Attorney General JAMES E. LANIER Assistant District Attorney Dyer County Courthouse Dyersburg, TN 38024 Judge: JERRY L. SMITH First Paragraph: Appellant Ronnie Dale Barber appeals the judgment of the Dyer County Circuit Court denying his petition for post-conviction relief. On September 12, 1986, a jury found Appellant guilty of second degree burglary, robbery by use of a deadly weapon, and first degree murder during the perpetration of a larceny. As a Range I standard offender, Appellant received consecutive sentences of eight years for the burglary conviction, twenty years for the robbery conviction, and life imprisonment for the murder conviction. On January 6, 1988, this Court affirmed the convictions and the sentences of the trial court. On February 24, 1989, Appellant filed a petition for post-conviction relief in the Dyer County Circuit Court. Following an evidentiary hearing, the trial court denied the petition. In this appeal of that decision, Appellant alleges that his trial counsel provided constitutionally ineffective assistance. In support of this allegation, Appellant argues that his trial counsel (1) failed to call certain defense witnesses, (2) improperly moved for a change of venue and employed delaying tactics, (3) failed to request that the trial judge recuse himself, and (4) failed to raise certain meritorious issues on direct appeal. URL:http://www.tba.org/tba_files/TCCA/BARBERR.OPN.WP6 STATE OF TENNESSEE, v. PAMELA F. BOSTON, Alias, PAMELA CROWDER, Alias, VALERIE KITCHENS, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: J. Estes Cocke Charles W. Burson Attorney at Law Attorney General & Reporter 4159 Ringgold Road, Suite 106 500 Charlotte Avenue East Ridge, TN 37412 Nashville, TN 37243-0497 Elizabeth T. Ryan Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Gary D. Gerbitz District Attorney General 600 Market Street, Suite 310 Chattanooga, TN 37402 Bates W. Bryan, Jr. Asst District Attorney General 600 Market Street, Suite 310 Chattanooga, TN 37402 Judge: Joe B. Jones First Paragraph: The appellant, Pamela F. Boston, alias, Pamela Crowder, alias Valerie Kitchens, was convicted of theft under $500, a Class A misdemeanor, by a jury of her peers. The trial court sentenced the appellant to pay a fine of $500 and serve eleven months and twenty-nine days in the Hamilton County Workhouse. In this Court, the appellant contends the evidence is insufficient to support her conviction, and the trial court committed error of prejudicial dimensions by permitting the State of Tennessee to peremptorily challenge the only African American female on the jury panel. After a thorough review of the record, the briefs submitted by the parties, and the law governing the issues presented for review, it is the opinion of this Court that the judgment of the trial court should be affirmed. URL:http://www.tba.org/tba_files/TCCA/BOSTON.OPN.WP6 STATE OF TENNESSEE, v. TERESA DEION SMITH HARRIS, w/DISSENTING OPINION Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Steven L. West Charles W. Burson West & West Attorney General and Reporter P.O. Box 400 450 James Robertson Parkway McKenzie, TN 38201 Nashville, TN 37243-0493 Shipp R. Weems Christina S. Shevalier District Public Defender Assistant Attorney General P.O. Box 160 450 James Robertson Parkway Charlotte, TN 37036 Nashville, TN 37243-0493 Robert Gus Radford District Attorney General 24th Judicial District P.O. Box 686 Huntingdon, TN 38344 Eleanor Cahill Assistant District Attorney Judge: William M. Barker First Paragraph: Appellant, Teresa Deion Smith Harris, appeals as of right from her conviction for first degree felony murder. She was sentenced to life imprisonment without the possibility of parole by a Henry County jury, after a change of venue from Carroll County. Appellant raises thirteen issues in her brief. She argues that: (1) the indictment was improper because it failed to charge the appellant with criminal responsibility where the judge instructed the jury on this accomplice liability; (2) since the jury was instructed on the law regarding criminal responsibility, criminal facilitation should have been charged as a lesser included offense; (3) the admission of post-death facts was error and denied the appellant a fair trial; (4) the trial court improperly sentenced appellant to life without parole for three reasons: (a) the failure of the jury to completely fill in the verdict form with all the elements of the first aggravating factor; (b) the second aggravating factor found by the jury subjects appellant to double jeopardy because it is inherent in the offense; and (c) the trial court failed to send the jury back to deliberate further upon their announced erroneous findings; (5) the trial court conducted voir dire in a manner inconsistent with Rule 24 of the Rules of Criminal Procedure; (6) the trial court erroneously allowed application of the "especially heinous, cruel or atrocious" aggravating factor; (7) the trial court erroneously allowed application of the "avoiding, interfering with or preventing an arrest or prosecution" aggravating factor; (8) the trial court erred in allowing the district attorney to exercise his discretion to pursue a charge of first degree murder; (9) the district attorney made improper comment during closing statement of the guilt phase; (10) the district attorney made improper comment during closing argument at the sentencing phase; (11) trial judge erred in not recusing himself due to partiality towards a State's witness; (12) the trial court erred in failing to suppress statements made by appellant; and (13) the trial court denied certain citizens their right to serve on a jury based on their religious reservations about imposing the death penalty. URL:http://www.tba.org/tba_files/TCCA/HARRIST.OPN.WP6 URL:http://www.tba.org/tba_files/TCCA/HARRIST.DIS.WP6 DAVID IVY, v. STATE OF TENNESSEE Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: WILLIAM W. NOWLIN CHARLES W. BURSON Suite 3201 Attorney General and Reporter 100 N. Main Bldg. Memphis, TN 38103 RENEE F. VIDELEFSKY Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 JOHN W. PIEROTTI District Attorney General JAMES M. LAMMEY, JR. Assistant District Attorney 201 Poplar Avenue Memphis, TN 38103 Judge: JERRY L. SMITH First Paragraph: Appellant David Ivy appeals from the dismissal of his petition for post conviction relief. On January 12, 1993, Appellant entered a negotiated plea of guilty to six indictments: three counts of aggravated assault, possession with intent to sell a controlled substance, second-degree murder, and especially aggravated robbery. Appellant agreed to a thirty-four (34) year sentence (twenty-five (25) years for the six indictments, to run concurrently with a conviction for attempted escape, and nine (9) years to be served consecutively for two previous convictions of aggravated assault). On November 24, 1993, Appellant filed a pro se petition for post-conviction relief, alleging ineffective assistance of counsel. Counsel was appointed for Appellant, and evidentiary hearings were held on July 7, 1994 and February 16, 1995. The post-conviction court dismissed the petition, finding that it was without merit. For the reasons discussed below, we reject Appellant's claim of ineffective assistance of counsel, and affirm the decision of the post-conviction court. URL:http://www.tba.org/tba_files/TCCA/IVYDAVID.OPN.WP6 STATE OF TENNESSEE, v. CTJUAN D. JAMES Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Joseph S. Ozment Charles W. Burson Attorney at Law Attorney General & Reporter 217 Exchange Avenue Memphis, TN 38105 Deborah A. Tullis Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 John W. Pierotti District Attorney General Phillip Gerald Harris Asst. Dist. Attorney General 201 Poplar, Third Floor Memphis, TN 38103 Judge: PAUL G. SUMMERS First Paragraph: The appellant, Ctjuan D. James, was convicted of especially aggravated robbery. He was sentenced to fifteen years incarceration. On appeal, he argues that: 1. The trial court erred in failing to charge his "theory of defense"; 2. The trial court erred in allowing the victim, who remained in the courtroom during the defense's proof, to testify as a rebuttal witness; 3. A new trial should be granted due to juror misconduct; and 4. The evidence was insufficient. Finding no prejudicial error, we affirm. URL:http://www.tba.org/tba_files/TCCA/JAMESCT.OPN.WP6 STATE OF TENNESSEE, v. PERCY MARTIN, JR., Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: D. Nathaniel Spencer Charles W. Burson Attorney at Law Attorney General & Reporter P.O. Box 865 28 S. Washington Robin L. Harris Brownsville, TN 38012 Assistant Attorney General Criminal Justice Division Bill Barron 450 James Robertson Parkway Attorney at Law Nashville, TN 37243-0493 124 E. Court Square Trenton, TN 38382 Clayburn L. Peeples (At Trial Only) District Attorney General Larry Hardister Asst. Dist. Attorney General 109 E. First Street Trenton, TN 38382 Judge: PAUL G. SUMMERS First Paragraph: The appellant, Percy Martin, appeals from a jury verdict convicting him of driving under the influence. The jury fined the appellant $1,000. The trial court sentenced him to eleven months and twenty-nine days confinement with all but sixty days suspended and suspended his driver's license for two years. The appellant contends that the evidence was insufficient to support his conviction and that his fine and sentence were excessive. Upon review of the record, the judgment of the trial court is affirmed as modified. URL:http://www.tba.org/tba_files/TCCA/MARTINP.OPN.WP6 STATE OF TENNESSEE, v. CATHY R. ROSE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Mack Garner Charles W. Burson District Public Defender Attorney General & Reporter 318 Court Street Maryville,TN 37801 Sharon S. Selby Assistant Attorney General Natalee S. Hurley Criminal Justice Division Asst. Public Defender 450 James Robertson Parkway 318 Court Street Nashville, TN 37243-0493 Maryville, TN 37801 Mike Flynn District Attorney General Phillip H. Morton Asst. Dist. Attorney General Blount County Courthouse Maryville, TN. 37801 Judge: Robert E. Burch First Paragraph: This is an appeal of right from a bench trial which resulted in appellant's conviction of the offense of driving a motor vehicle at a time when the privilege so to do was canceled, suspended or revoked. URL:http://www.tba.org/tba_files/TCCA/ROSECATH.OPN.WP6 LONNIE SMITH, a/k/a AKI RASHI, v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Aki Rashi a/k/a Lonnie Smith Charles W. Burson #209399, Pro Se Attorney General & Reporter West TN High Security Prison P.O. Box 1050 Eugene J. Honea Henning, TN 38041 Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 John W. Pierotti District Attorney General Karen Cook Asst. Dist. Attorney General Criminal Justice Complex, Third Floor Memphis, TN 38103 Judge: PAUL G. SUMMERS First Paragraph: The appellant, Lonnie Smith, was convicted of possession of cocaine with the intent to sell. He was sentenced to nine years incarceration. He sought habeas corpus relief. He alleged that the disciplinary board increased his release eligibility date percentage from 30 percent to 60 percent in violation of due process. The trial court dismissed the petition for failure to file in the proper county. We affirm. URL:http://www.tba.org/tba_files/TCCA/SMITHAKI.OPN.WP6 STATE OF TENNESSEE,v. JACK D. WILLIAMS, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: BENJAMIN F. HEAD CHARLES W. BURSON 147 Jefferson, Suite 408 Attorney General and Reporter Memphis, TN 38103 Jackson, TN 38301 KATHY MORANTE Assistant Attorney General GLENN I. WRIGHT 450 James Robertson Parkway 200 Jefferson Avenue Nashville, TN 37243-0493 Suite 800 Memphis, TN 38103 JOHN W. PIEROTTI District Attorney General JENNIFER NICHOLS Assistant District Attorney General 201 Poplar Avenue, Suite 301 Memphis, TN 38103-1947 Judge: CORNELIA A. CLARK First Paragraph: Defendant was convicted by a jury of aggravated robbery. He was sentenced to eight years as a standard offender and was assessed a fine of $2,000.00. Defendant appeals of right and raises three issues: (1) whether he was entitled to a new trial because two jurors appeared to be sleeping during material testimony; (2) whether his right to speedy trial was violated when the trial continuances granted led to the unavailability of a material witness; and (3) whether the proof is sufficient to support the guilty verdict. We find that the defendant's issues on appeal lack merit, and affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/WILLIAJD.OPN.WP6 STATE OF TENNESSEE, v. WILLIE WILLIAMS, JR Court:TCCA FOR THE APPELLANT FOR THE APPELLEE Alan R. Beard Charles W. Burson 737 Market St., Suite 601 Attorney General & Reporter Chattanooga, TN 37402 On Appeal Darian B. Taylor Assistant Attorney General Arvin H. Reingold 450 James Robertson Parkway Park Plaza Building Nashville, TN 37243-0493 1010 Market St., Suite 401 Chattanooga, TN 37402 Gary D. Gerbitz At trial District Attorney General Thomas J. Evans Assistant District Attorney General County-City Court Bldg., Suite 300 Chattanooga, TN 37402 Judge: JOHN K. BYERS First Paragraph: The defendant was tried by jury on September 20-23, 1994 and found guilty of one count of first degree murder and one count of unlawful possession of a machine gun. URL:http://www.tba.org/tba_files/TCCA/WILLIAMW.OPN.WP6
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