TBALink Opinion-Flash

November 13, 1996 -- Volume #2 -- Number #101

Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.

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11-New Opinons From TCCA

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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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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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