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TBALink Opinion-Flash
March 12, 1996 -- Volume #2 -- Number #26
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 : 0
- New Opinons From TCCA : 3
- New Opinons From AG : Pending
- New Opinons From TCA : 0
There are three ways to get the full opinion from the Web: (TBALink members only)
- Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a
plain text version of the opinion.
- *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original
WP 6.0 document. version of the opinion.
- 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
BRENDA CAMPBELL, v. FLORIDA STEEL CORPORATION, Court:TCCA For Appellant: For Appellee: Jim D. Owen Gavin S. Appleby OWEN, EDWARDS & BRYANT Erin E. Matthews Knoxville, Tennessee POWELL, GOLDSTEIN, FRAZER & MURPHY Robert S. Olive Atlanta, Georgia Sandra G. Olive OLIVE & OLIVE, P.C. L. Caesar Stair, III Knoxville, Tennessee BERNSTEIN, STAIR & McADAMS Knoxville, Tennessee First Paragraph: We granted this appeal to determine whether "cold-shoulder treatment" of an employee, which is neither racially nor sexually explicit, may, if based on race or gender, constitute unlawful harassment in violation of the Tennessee Human Rights Act and the Federal Civil Rights Act. URL:http://www.tba.org/tba_files/TSC/FLORIDA.OPN.WP6
STATE OF TENNESSEE v. DAVID LEWIS MAYES,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
NAT H. THOMAS CHARLES W. BURSON
317 Shelby Street Attorney General and Reporter
Kingsport, TN 37660
CLINTON J. MORGAN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
H. GREELEY WELLS
District Attorney General
Blountville, TN 37617
First Paragraph:
In this direct appeal, the Appellant challenges his
sentence. He asserts that the trial court failed to place
on the record the mitigating and enhancement factors which
it found, failed to properly consider the proposed
mitigating factors, and erroneously ordered consecutive
sentences. We find this case must be remanded for
resentencing for the reasons that follow. On October 19,
1994, the Sullivan County Grand Jury indicted the
Appellant, David L. Mayes, for conspiracy to distribute
cocaine and for possession of cocaine with the intent to
deliver or sell. Approximately one month later, three more
indictments were returned charging the Appellant with two
counts of selling cocaine and a misdemeanor, possession of
drug paraphernalia. The Appellant pled guilty to all of
these charges. After a sentencing hearing, he was
sentenced as a Range I Standard offender with an effective
sentence of eighteen years.
URL:http://www.tba.org/tba_files/TCCA/MAYESDL.OPN.WP6
STATE OF TENNESSEE, v. ANTHONY RAYMOND BELL,
Court:TCCA
For the Appellant: For the Appellee:
Joe H. Walker Charles W. Burson
Public Defender Attorney General & Reporter
Walter B. Johnson
Asst. Public Defender
P. O. Box 334 George Linebaugh
Harriman, TN 37748 Assistant Attorney General
Charles E. Hawk
District Attorney General
Frank A. Harvey
Asst. District Attorney General
First Paragraph:
The appellant, Anthony Raymond Bell, pled guilty in the
Criminal Court of Roane County to the offenses of vehicular
homicide as a proximate result of the appellant's
intoxication, a class C felony, and driving on a revoked
license, a class B misdemeanor. The trial court sentenced
the appellant to four years incarceration for vehicular
homicide and six months incarceration for driving on a
revoked license. The court further ordered that the
sentences be served consecutively. The appellant now
appeals his sentence, contending that the trial court
should have granted him the minimum sentence of three years
for vehicular homicide. The appellant also argues that his
sentences should be concurrent.
URL:http://www.tba.org/tba_files/TCCA/BELLANTH.OPN.WP6
STATE OF TENNESSEE, v. MARCUS LYNN KESTERSON,
Court:TCCA
For the Appellant: For the Appellee:
LeRoy Tipton, Jr. Charles W. Burson
115 East Depot Street Attorney General of Tennessee
Greeneville, TN 37743 and
Darian Taylor
Asst Attorney General of TN
C. Berkeley Bell, Jr.
District Attorney General
and
Anthony E. Hagan
Assistant District Attorney
First Paragraph:
The defendant, Marcus Lynn Kesterson, appeals from a jury
conviction in the Greene County Criminal Court for driving
under the influence, second offense, a Class A misdemeanor.
The defendant received a sentence of eleven months and
twenty-nine days to be served in the Greene County Jail
with a thirty percent release eligibility date and a fine
of five hundred and ten dollars. In this appeal as of
right, the defendant contends the following:
URL:http://www.tba.org/tba_files/TCCA/KESTERSO.OPN.WP6
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