TBALink Opinion-Flash

February 07, 1996 -- Volume #2 -- Number #14 Opinion-Flash

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 and the TN Attorney General.

This Issue:
New Opinons From TSC : 0
New Opinons From TCA : 1
New Opinons From TCCA : 3
New Opinons From AG : Pending

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Jim Moore
TBALink Co-Chief Editor



Theo J. Emison
Alamo, Tennessee
Attorney for Appellants

James Belew Webb
Milan, Tennessee
Attorney for Appellee
First Paragraph:

This case came to be considered by the Court upon a grant of
a Rule 9 application for permission to appeal an
interlocutory Order of the trial court. The appellants,
Robert and Patricia Sims, seek to appeal the trial courts
ruling on their motion in limine to exclude from the trial
certain types of evidence.  The trial court granted the
appellants Rule 9 application for permission to appeal the
denial of appellants motion in limine.  This Court
thereafter granted appellants Rule 9 request for permission
to appeal the trial courts ruling.




For the Appellant:              For the Appellee:

Charles G. Wright, Jr.          Charles W. Burson
Chattanooga, TN                 Attorney General/Reporter
(AT TRIAL AND ON APPEAL)                                    
                                Clinton J. Morgan
                                Assistant Attorney General                          
                                William H. Cox III
                                District Attorney General

                                H. C. Bright
                                Asst. District AG
First Paragraph:

The appellant, Dexter Johnson, appeals from the dismissal of
his petition for post-conviction relief entered in the
Criminal Court for Hamilton County. The record reflects
that, on February 11, 1994, the appellant entered guilty
pleas to the offenses of first degree murder for the death
of Donald Sirhan, first degree murder for the death of
Renaldo Crawford, criminal attempt to commit first degree
murder, and criminal attempt to commit aggravated robbery. 
The appellant received two life sentences for the murder
convictions, twenty-five years for the attempted murder
conviction, and six years for the attempted aggravated
robbery conviction.  The trial court ordered that the
sentences be served concurrently.  The appellant now
collaterally attacks the judgments of conviction,
contending that his guilty pleas to these offenses are
constitutionally deficient.





JAMES D. GASS               Charles W. Burson
Attorney at Law             Attorney General & Reporter
Jackson, Tennessee
                            Ellen H. Pollack
                            Assistant Attorney General

                            James W. Thompson
                            Assistant Attorney General
First Paragraph:

This is an appeal of  right by Robert Johnson Jr., by and
through counsel, affirming the judgment of the Madison
County Criminal Court which dismissed his Petition for
Post-Conviction Relief.  Following a jury trial Mr. Johnson
was convicted on May 14, 1985 of aggravated rape and
incest. His appeal to the Court of Criminal Appeals was
denied on March 19, 1986, and his application for
permission to appeal to the Supreme Court was denied on
June 2, 1986.  The Petitioner filed his Petition for
Post-Conviction Relief on July 14, 1992, alleging that the
statute of limitations should be waived and that he should
be allowed to pursue his post-conviction petition, because
his trial and appellant counsel failed to inform him that
his appeal was concluded.  We agree with the trial court 
that this petition is time barred and affirm its finding.




For the Appellant:          For the Appellee:

Mack Garner                 Charles W. Burson
District Public Defender    Attorney General and Reporter
318 Court Street    
Maryville, TN 37804         Michelle L. Lehmann
                            Assistant Attorney General
(ON APPEAL)                 Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493
Laura Rule Hendricks                        
Assistant Public Defender   Michael L. Flynn            
318 Court Street            District Attorney General
Maryville, Tn  37801
                            Edward P. Bailey, Jr.
(AT TRIAL)                  Asst. District Attorney General
                            Blount County Courthouse
                            Maryville, TN  37801

First Paragraph:

The appellant, Russ Painter, appeals from the sentence
imposed by the Circuit Court of Blount County pursuant to
his plea of guilty to facilitating the sale of marijuana, a
class A misdemeanor.  In accordance with the plea
agreement, the appellant received a sentence of 11 months
and 29 days.  The trial court ordered the appellant to
serve 90 days of his sentence in the county jail.  The
appellant contends that the trial court erred in failing to
grant him total probation.


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