TBALink Opinion-Flash

November 14, 1996 -- Volume #2 -- Number #102

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.

This Issue IN THIS ORDER:
00-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
00-New Opinons From TCA
03-New Opinons From TCCA

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George Dean
TBALink Chief Editor


STATE OF TENNESSEE, v. SABRINA CHRISTIAN,       

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:


KEITH A. HOBSON             CHARLES W. BURSON
410 Shelby St.              Attorney General & Reporter
Kingsport, TN 37660
                            M. ALLISON THOMPSON
                            Counsel for the State
                            450 James Robertson Pkwy.                               
                            Nashville, TN  37243-0493
                
                            H. GREELEY WELLS, JR.
                            District Attorney General

                            TERESA M. SMITH
                            Asst. District Attorney General
                            P. O. Box 526
                            Blountville, TN 37617
                       
Judge: JOHN H. PEAY

First Paragraph:

The defendant was indicted by presentment on two counts of selling 
cocaine, each a Class B felony, and one count of facilitating the sale
of cocaine, a Class C felony.  She pled guilty to all the offenses in
exchange for the State's recommendation that she be sentenced as a
Range I standard offender to eight years and a two thousand dollar
($2,000) fine for each of the selling offenses and to three years and
a two thousand dollar ($2,000) fine for the facilitating offense.  The
three sentences were ordered to run concurrent for an effective
sentence of eight years.  The manner of service of the sentence was
left to the court's discretion.  After a hearing, the sentencing court
ordered that the sentence be served in the Department of Correction. 
In this appeal as of right, the defendant contends that the court
erred by denying her request for probation.  After a review of the
record, we find no error in the defendant's sentence and affirm the
judgment below.

URL:http://www.tba.org/tba_files/TCCA/CHRISTIA.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. SHIRLEY ANNETTE KIRBY,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Ashley L. Ownby             Charles W. Burson
180 North Ocoee Street      Attorney General and Reporter
Fourth Judicial District                                    
P. O. Box 176               Steven M. Roderick
Cleveland, TN 37364         Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, Tennessee 37243

                            Jerry N. Estes
                            District Attorney General
                            203 East Madison Avenue
                            P. O. Box 647
                            Athens, Tennessee 37371

                            Amy Armstrong
                            Assistant District Attorney General
                            203 East Madison Avenue
                            Athens, Tennessee 37371
                    
Judge: Lee Russell

First Paragraph:

This appeal is taken as of right from the trial court's requirement
that the Defendant serve thirty days of a two year sentence imposed at
a sentencing hearing following pleas of guilty to two charges of
selling a Schedule VI controlled substance.  The Defendant contends
that the trial court should have suspended the entire period of her
concurrent sentences based upon the presumption contained in Tennessee
Code Annotated  S 40-35-102(6).    The State contends that the trial
judge properly required service of thirty days of incarceration based
upon the need to deter the sale of drugs and based upon the
Defendant's untruthfulness in the information she provided for her
presentence report.  This court affirms the trial court's requirement
of incarceration for thirty days.

URL:http://www.tba.org/tba_files/TCCA/KIRBYSA.OPN.WP6
Opinion-Flash

RICKEY SAMS, v. STATE OF TENNESSEE, 

Court:TCCA

FOR THE APPELLANT:               FOR THE APPELLEE:


STEPHEN WALLACE                 CHARLES W. BURSON
Public Defender                 Attorney General & Reporter

TERRY L. JORDAN                 EUGENE J. HONEA
Asst. Public Defender           Asst. Attorney General
P.O. Box 839                    450 James Robertson Pkwy.   
Blountville, TN   37617         Nashville, TN  37243-0493
   (At hearing and on appeal)               
                                GREELEY WELLS
RANDALL E. REAGAN               District Attorney General
602 Gay St., Ste. 905
Knoxville, TN   37902           PAUL LAYMON
   (On appeal)                  Asst. District Attorney General
                                P.O. Box 526
                                Blountville, TN   37617
                       
Judge: JOHN H. PEAY

First Paragraph:

The petitioner pled guilty to two counts of aggravated rape and one
count of rape.  On April 18, 1991, and pursuant to his plea agreement,
the petitioner received an effective sentence of twenty years as a
Range I standard offender.  The petitioner subsequently filed for
post-conviction relief, which was denied after a hearing.  He now
appeals, alleging that his guilty plea was not knowingly made and that
he received ineffective assistance of counsel in conjunction with his
guilty plea.  After reviewing the record, we affirm the lower court.

URL:http://www.tba.org/tba_files/TCCA/SAMSRICK.OPN.WP6

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