TBALink Opinion-Flash

December 10, 1996 -- Volume #2 -- Number #113

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
07-New Opinons From TCCA

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STATE OF TENNESSEE
VS.
BRUCE COLE

Court:TCCA

FOR THE APPELLANT                   FOR THE APPELLEE
Tom W. Crider                       Charles W. Burson
District Public Defender            Attorney General and Reporter
107 South Court Square              450 James Robertson Parkway
Trenton, Tennessee 38382            Nashville, Tennessee 37243-0493
                    
J. Diane Stouts                     Charlotte H. Rappuhn                 
Assistant District Public Def       Assistant Attorney General
107 South Court Square              450 James Robertson Parkway
Trenton, Tennessee 38382            Nashville, Tennessee 37243-0493

Periann S. Howghton                 Clayburn L. Peeples
Assistant District Public Def       District Attorney General
107 South Court Square              109 East First Street
Trenton, Tennessee 38382            Trenton, Tennessee 38382-1841

                                    Gary G. Brown
                                    Assistant District Atty Gen
                                    109 East First Street
                                    Trenton, Tennessee 38382-1841                         

Judge: BARKER

First Paragraph:

The Appellant, Bruce Cole, appeals as of right his sentences for five
convictions of sale of a Schedule II controlled substance.  The
Appellant argues on appeal that the trial court erred when it enhanced
his sentences and ordered them to be served consecutively.  Following
a careful review of the record on appeal, we remand the case to the
trial court for a new sentencing hearing.

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

STATE OF TENNESSEE
vs. 
CHARLES N. KILGORE

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:
Frederick M. Lance              Charles W. Burson
Attorney at Law                 Attorney General and Reporter
804 W. Market Street    
Johnson City, TN  37601         Elizabeth T. Ryan
                                Assistant Attorney General                          
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                        
                                David E. Crockett
                                District Attorney General

                                Joe C. Crumley, Jr.
                                Asst. District Attorney General
                                Post Office Box 38
                                1st Judicial District
                                Jonesboro, TN  37659                          

Judge: HAYES

First Paragraph:

The appellant, Charles N. Kilgore, appeals the sentences imposed by
the Washington County Criminal Court following revocation of his
community corrections sentence.  After a review of the record, the
appellant's sentence of twelve years for assault with intent to commit
murder is affirmed; his sentence of seven years for shooting into an
occupied dwelling is modified to reflect a sentence of three years.

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

STATE OF TENNESSEE
vs. 
CHUCKEY R. KING

Court:TCCA

FOR THE APPELLEE:               FOR THE APPELLANT:
Gary L. Anderson                Charles W. Burson
University of Tennessee         Attorney General and Reporter
Legal Clinic    
1534 Cumberland Avenue          Elizabeth T. Ryan
Knoxville, TN  37996-4070       Assistant Attorney General                          
								Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                        
AT TRIAL:                       Randall E. Nichols
Jerry Black                     District Attorney General
Attorney at Law
U.T. Legal Aid Clinic           Leon Franks
1505 W. Cumberland Ave.         Asst. District Attorney General
Knoxville, TN  37996-1805       City-State Building
                                Knoxville, TN  37902                         

Judge: HAYES

First Paragraph:

The State appeals, pursuant to Tenn. R. App. P. 3(c), the Knox County
Criminal Court's dismissal of an indictment charging the appellee,
Chuckey R. King, with one count of possession of cocaine with the
intent to sell and deliver, one count of possession of marijuana, one
count of possession of diazepam, and one count of possession of drug
paraphernalia.  The State contends that the trial court erred in
ruling that the appellee's constitutional right against double
jeopardy was violated based upon the forfeiture to the State of his
Toyota Celica and $196.00 in currency.  Specifically, the State argues
that the seizure and forfeiture of the appellee's personal property to
the State does not constitute "punishment" within the meaning of the
double jeopardy clauses of the United States Constitution or the
Constitution of the State of Tennessee. Consistent with the holdings
of the United States Supreme Court and courts of this state, we
reverse the trial court's dismissal of the indictment.

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


STATE OF TENNESSE
vs.
JACK JAY NORTH, JR.

Court:TCCA

For the Appellee:               For the Appellant:

Gary L. Anderson                Charles W. Burson
University of Tennessee         Attorney General and Reporter
Legal Clinic    
1534 Cumberland Avenue          Elizabeth T. Ryan
Knoxville, TN  37996-4070       Assistant Attorney General                          
								Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                        
AT TRIAL:                       Randall E. Nichols
Jerry Black                     District Attorney General
Attorney at Law
U.T. Legal Aid Clinic           Leon Franks
1505 W. Cumberland Ave.         Asst. District Attorney General
Knoxville, TN  37996-1805       City-State Building
                                Knoxville, TN  37902                        

Judge: HAYES

First Paragraph:

The appellant, Jack J. North, Jr., appeals his conviction by a jury
for premeditated and deliberate first degree murder, entered by the
Circuit Court of Hardin County.  The jury sentenced the appellant to
imprisonment for life without the possibility of parole.  The
appellant raises before this court eight issues. After carefully
reviewing the record, we affirm the judgment of the trial court.

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

ROBERT O'DELL
VS.
STATE OF TENNESSEE

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

SUSANNA LAWS THOMAS             CHARLES W. BURSON
Assistant Public Defender       Attorney General and Reporter
102 Mims Avenue
Newport, TN 37821               TIMOTHY F. BEHAN
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                AL SCHMUTZER, JR.
                                District Attorney General

                                JAMES B. DUNN
                                Assistant District Attorney General
                                339A East Main Street
                                Newport, TN 37821                         

Judge: WELLES

First Paragraph:

The Defendant, Robert O'Dell, appeals as of right from the trial
court's denial of post-conviction relief from a conviction based upon
a guilty plea.  The Defendant pled guilty to one count of theft over
ten-thousand dollars ($10,000).  In this appeal, he argues that he was
denied the effective assistance of counsel.  We affirm the judgment of
the trial court.

URL:http://www.tba.org/tba_files/TCCA/O'DELLR_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
VS. 
ROSS ROGERS

Court:TCCA

For the Appellant:              For the Appellee:

Howard G. Swafford              Charles W. Burson
32 Courthouse Square            Attorney General and Reporter
Jasper, TN 37347                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                Hunt S. Brown
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                Charles E. Hawk
                                District Attorney General

                                Roger Delp
                                Assistant District Attorney
                                P.O. Box 703
                                Kingston, TN 37763                         

Judge: BARKER

First Paragraph:

The appellant, Ross Rogers, appeals from the judgment of the Meigs
County Criminal Court affirming the district attorney's refusal to
grant him pretrial diversion.  In its affirmance, the trial court
granted permission for appellant to pursue an interlocutory appeal to
this Court.   Pursuant to Rule 9 of the Tennessee Rules of Appellate
Procedure, we granted his request to appeal.

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

STATE OF TENNESSEE
vs.
MICHAEL STREITZ

Court:TCCA

For the Appellant:              For the Appellee:
F. D. Gibson                    Charles W. Burson
Attorney at Law                 Attorney General and Reporter
116 E. Harper   
Maryville, TN  7804             Michael J. Fahey, II
                                Assistant Attorney General                      Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                        
                                Michael L. Flynn
                                District Attorney General

                                Philip H. Morton
                                Asst. District Attorney General
                                363 Court Street
                                Maryville, TN  37804-5906
Judge: HAYES

First Paragraph:

The appellant, Michael Streitz, was indicted by a Blount County Grand
Jury for one count of theft of property over $1000.  Subsequently, a
jury found the appellant guilty as charged, and the trial court
sentenced the appellant to six years incarceration as a multiple
offender.  The appellant now challenges this conviction for three
reasons.  First, he contends that the trial court erred in failing to
dismiss the indictment for a violation of Tenn. R. Crim. P. Rule 8
(a).  Second, he argues that the evidence is insufficient to support a
conviction for theft of property over $1000.  Third, the appellant
alleges that the court imposed an excessive sentence. After review of
the record and the briefs submitted by both parties, we conclude that
the appellant's contentions are meritless.  The judgment of the trial
court is affirmed.

URL:http://www.tba.org/tba_files/TCCA/STREITZ_OPN.WP6

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