TBALink Opinion-Flash

February 22, 1996 -- Volume #2 -- Number #21 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 : 1
New Opinons From TCA : 2
New Opinons From TCCA : 2
New Opinons From AG : Pending

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  • Click the URL Link at end of each Opinion Paragraph below. This option will allow you to download the original WP 6.0 document.

Jim Moore
TBALink Co-Chief Editor
Opinion-Flash

RICHARD CALDWELL,    v. STATE OF TENNESSEE,

Court:TSC

For Appellant:                  For Appellee:

Charles W. Burson               David C. Stebbins
Attorney General/Reporter       Columbus, Ohio

Michael E. Moore                John G. Oliva
Solicitor General               Nashville, Tennessee

Glenn R. Pruden
Assistant Attorney General

James W. Thompson
Assistant District Attorney
                       
First Paragraph:

The State of Tennessee appeals from the Court of Criminal
Appeals' order reversing the trial court's dismissal of
Richard Caldwell's petition for post conviction relief.  The
issue for our determination is whether the Court of Criminal
Appeals erred in reversing the trial court's judgment and
remanding the case for an evidentiary hearing to determine
if the petitioner should be relieved, pursuant to our
decisions in Burford v. State, 845 S.W.2d 204 (1992) and
Sands v. State, 903 S.W.2d 297 (Tenn. 1995), of the
consequences of the expiration of the three year limitations
period applicable to post-conviction petitions.  For the
reasons that follow, we conclude that the Court of Criminal
Appeals did err, and therefore reverse its judgment and
dismiss the petition for post-conviction relief.

URL:http://www.tba.org/tba_files/TSC/CALDWELL.OPN.WP6
Opinion-Flash

I. APPEL CORPORATION and SCOTTS HILL LEISUREWEAR, INC.,
v.
ST. PAUL FIRE & MARINE INSURANCE COMPANY, INC.,

Court:TCA

SAM L. CRAIN, JR.
BURCH, PORTER & JOHNSON
Memphis, Tennessee
Attorney for Appellant, I. Appel Corporation

WILLIAM B. JAKES, III
HOWELL & FISHER
Nashville, Tennessee
Attorney for Defendant-Appellee
                        
First Paragraph:

This appeal arises from the trial court's grant of summary
judgment in favor of the defendant insurance company,
holding that defendant had no duty to defend its insured. 
For the reasons stated below, we affirm the trial court's
judgment.

URL:http://www.tba.org/tba_files/TCA/IAPPEL.OPN.WP6
Opinion-Flash

CHARLES M. WHITE, v. MARY EVELYN WHITE,

Court:TCA

CHARLES R. CURBO
Memphis, Tennessee
Attorney for Appellant

JAMES W. HODGES, JR.
Memphis, Tennessee
Attorney for Appellee
                        
First Paragraph:

This is a divorce case.  Charles M. White ("Husband") filed
for divorce in February 1993.  Mary Evelyn White ("Wife")
counterclaimed, alleging entitled that she was to a divorce
on grounds of Husband's cruel and inhuman treatment and
inappropriate marital conduct.  Following a bench trial, a
final decree of divorce was entered that granted the parties
a divorce on grounds of irreconcilable differences.  The
final decree also ordered  the parties' property to be
distributed in accordance with the terms that the parties
agreed upon in court.  The trial court later amended the
final decree to award Wife a divorce on grounds of Husband's
inappropriate marital conduct because Wife did not sign a
written marital dissolution agreement.  Wife has appealed
from the amended final decree and has presented two issues
to this Court for consideration:  

URL:http://www.tba.org/tba_files/TCA/WHITECM.OPN.WP6
Opinion-Flash

DAVID LEE RICHARDS,  v. STATE OF TENNESSEE,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Edward T. Landis            Charles W. Burson
Attorney at Law             Attorney General & Reporter
        
                            Hunt S. Brown
                            Assistant Attorney General

                            Gary D. Gerbitz
                            District Attorney General

                            Thomas J. Evans
                            Asst District Attorney General

                            Rebecca J. Stern
                            Asst District Attorney General
                       
First Paragraph:

The appellant, David Lee Richards, appeals as of right from
a judgment of the trial court denying his suit for
post-conviction relief following an evidentiary hearing. 
The trial court found that the appellant received the
effective assistance of counsel within the meaning of the
United States and Tennessee constitutions.  In this Court,
the appellant contends that the trial court committed error
of prejudicial dimensions in denying him relief on this
ground.  The judgment of the trial court is affirmed.

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

STATE OF TENNESSEE   v. TOMMY SMITH, 

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

WALTER B. JOHNSON, II       CHARLES W. BURSON
P. O. Box 334               Attorney General and Reporter
Harriman, TN  
                            MICHELLE L. LEHMANN
                            Assistant Attorney General

                            CHARLES HAWK
                            District Attorney General

                            ROGER DELP
                            Assistant District Attorney

First Paragraph:

In this direct appeal, the Appellant was convicted on pleas
of guilty to charges of possession with the intent to sell a
schedule II controlled substance and possession with the
intent to sell a schedule IV controlled substance.  He
applied for so-called judicial diversion pursuant to Tenn.
Code Ann.  40-35-313(a)(1).  The trial judge denied the
application and sentenced the Appellant to concurrent terms
of three years on the schedule II conviction and two years
on the schedule IV conviction.  The sentences were suspended
and the Appellant was placed on ordinary probation.  He now
appeals the denial of his application for judicial
diversion.

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

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