-
TBALink Opinion-Flash
March 25, 1996 -- Volume #2 -- Number #31
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 : 2
- New Opinons From TCA : 1
- New Opinons From TCCA : 13
- New Opinons From AG : Pending
- New Opinons From TCA : 1
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
THELMA J. RICKETTS, v. JUNE CARTER, Court:TSC For Plaintiff-Appellee: For Defendant-Appellant: Timothy A. Ryan, III Reid Phillips Memphis, Tennessee Memphis, Tennessee Michael L. Robb John H. Dotson Thomason, Hendrix, Harvey, Johnson & Mitchell Memphis, Tennessee First Paragraph: In this personal injury case stemming from an automobile accident, the defendant, June Carter, appeals from the Court of Appeals' affirmance of the trial court's denial of her motion for new trial. This case presents the following issue for our determination: whether the trial court erred by refusing to inquire into a sworn jurors impartiality after that juror had been involved in automobile accident on her way to court, and had received injuries similar to those incurred by the plaintiff. URL:http://www.tba.org/tba_files/TSC/RICKETTS.OPN.WP6
STATE OF TENNESSEE, v. WAYNE M. TRUSTY,
Court:TSC
For Appellant: For Appellee:
A. C. Wharton, Jr. Charles W. Burson
District Public Defender Attorney General & Reporter
Walker Gwinn Michael E. Moore
Assistant Public Defender Solicitor General
William David Bridges
Assistant Attorney General
John W. Pierotti
District Attorney General
Judson W. Phillips
Asst District AG
First Paragraph:
The question in this case is whether one indicted for
attempted first-degree murder may be convicted of aggravated
assault. Aggravated assault, as defined in Tennessee Code
Annotated Section 39-13-102, is neither a lesser grade or
class of attempted first-degree murder nor a lesser included
offense of first-degree murder. Under Tennessee law, a
conviction for an unindicted offense that is not a lesser
degree of the offense charged or a lesser included offense
may not stand.
URL:http://www.tba.org/tba_files/TSC/TRUSTYWM.OPN.WP6
LAURENCE ARMOUR, v. STATE OF TENNESSEE,
Court:TCA
LAURENCE ARMOUR, Pro Se, Memphis.
BEAUCHAMP E. BROGAN, General Counsel, The University of
Tennessee, Memphis, and ODELL HORTON, JR., Associate General
Counsel, Attorneys for Defendant/Appellee.
First Paragraph:
Laurence E. Armour (claimant) filed suit pro se against
the State of Tennessee (defendant) before the Tennessee
Claims Commission seeking damages for injuries to his left
thumb due to the alleged malpractice of two medical resident
physicians at the University of Tennessee Center for Health
Care Sciences in Memphis. Defendant filed a motion for
summary judgment, which the Commissioner granted.
URL:http://www.tba.org/tba_files/TCA/ARMOUR.OPN.WP6
STATE OF TENNESSEE, v. KEVIN E. ANDERSON,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
F. Mitchell Gibson, Jr. Charles W. Burson
Attorney at Law Attorney General/Reporter
1416 Parkway Towers 450 James Robertson Parkway
404 James Robertson Parkway Nashville, TN 37234-0497
Nashville, TN 37219
John P. Cauley
Assistant Attorney General
Victor S. Johnson, III
District Attorney General
Bernard F. McEvoy
Asst. District AG
First Paragraph:
The appellant, Kevin E. Anderson, was convicted of vehicular
homicide, a Class C felony, and leaving the scene of an
accident involving death, a Class E felony, by a jury of his
peers. The trial court found that the appellant was a
standard offender and imposed the following Range I
sentences: (a) a fine of $10,000 and confinement for six
(6) years in the Davidson County Jail for vehicular
homicide, and (b) a fine of $1,000 and confinement for one
(1) year in the Davidson County Workhouse for leaving the
scene of an accident.
URL:http://www.tba.org/tba_files/TCCA/ANDERSNK.OPN.WP6
STATE OF TENNESSEE, v. JOE T. BAKER,
Court:TCCA
For the Appellant: For the Appellee:
Wade Bobo Charles W. Burson
Attorney Attorney General and Reporter
129 South Third Street 450 James Robertson Parkway
Clarksville, TN 37040 Nashville, TN 37243-0493
and Michael E. Moore
Solicitor General
James A. Simmons
Attorney and
1707 Division Street
Suite 100 Michael W. Catalano
Nashville, TN 37203 Associate Solicitor General
500 Charlotte Avenue
Nashville, TN 37243
Steve Garrett
Assistant District Attorney
204 Franklin Street
Suite 200
Clarksville, TN 37041
First Paragraph:
The defendant, Joe T. Baker, appeals of right from his
conviction for felony murder. The state had unsuccessfully
sought the death penalty. The trial court imposed a life
sentence.
URL:http://www.tba.org/tba_files/TCCA/BAKERJT.OPN.WP6
MARTIN BARLOW, III, v. STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Martin Barlow, III, Pro Se Charles W. Burson
Southeastern TN State Attorney General & Reporter
Regional Correctional Annex
Route 4, Box 600 Charlotte H. Rappuhn
Pikeville, TN 37367-9243 Assistant Attorney General
Criminal Justice Division
Robin Harris
Legal Assistant
William M. Locke
District Attorney General
C. Michael Layne
Asst. Dist. AG (former)
First Paragraph:
The appellant, Martin Barlow, III, was indicted for first
degree murder. While on bond, he voluntarily admitted
himself to a private mental health facility. He was
committed for approximately 421 days. Following the state's
decision to try him as an adult, the appellant entered a
negotiated plea to second degree murder in 1988. He
received a sentence of 16 years confinement less 108 days
credit for time spent in the private mental health facility.
URL:http://www.tba.org/tba_files/TCCA/BARLOWM.OPN.WP6
STATE OF TENNESSEE, v. DEWAYNE FOSTER,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Comer L. Donnell Charles W. Burson
District Public Defender Attorney General & Reporter
Howard L. Chambers Clinton J. Morgan
Asst. Public Defender Counsel for the State
Connie Massey
District AG, Pro Tem
Doug Hall
Asst. Dist. Attorney General
First Paragraph:
The appellant, Dewayne Foster, pled guilty pursuant to a
plea agreement to aggravated assault. Sentenced as a Range
II multiple offender, the appellant received a ten-year
sentence running consecutively to two existing sentences.
In this appeal, the appellant raises two issues for review.
First, he claims that the trial court imposed an excessive
sentence. Secondly, he alleges error in the trial court's
decision to run his sentence consecutively to the existing
sentences.
URL:http://www.tba.org/tba_files/TCCA/FOSTERD.OPN.WP6
STATE OF TENNESSEE, v. BUFORD E. GAITER,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Terry A. Fann Charles W. Burson
Attorney at Law Attorney General & Reporter
Murfreesboro, TN Nashville, TN
Cecil H. Ross
Assistant Attorney General
Guy R. Dotson
District Attorney General
William C. Whitesell, Jr.
Assistant District AG
Gregory M. Reed
Assistant District AG
First Paragraph:
The appellant, Buford E. Gaiter, was convicted of
facilitation of a felony, murder in the first degree, a
Class A felony, and attempt to commit especially aggravated
robbery, a Class B felony, by a jury of his peers. The
trial court, finding that the appellant was a standard
offender, imposed the following Range I sentences: (a)
facilitation of a felony, confinement for twenty-two (22)
years in the Department of Correction and (b) attempt to
commit especially aggravated robbery, confinement for eleven
(11) years in the Department of Correction.
URL:http://www.tba.org/tba_files/TCCA/GAITER.OPN.WP6
STATE OF TENNESSEE, v. DANNY LEE HOLDER,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Andrew Jackson Dearing, III Charles W. Burson
Attorney at Law Attorney General & Reporter
Michael J. Fahey, II
Assistant Attorney General
W. Michael McCown
District Attorney General
Weakley E. Barnard
Assistant District AG
First Paragraph:
The appellant, Danny Lee Holder, was convicted of raping a
child, a Class A felony, by a jury of his peers. The trial
court sentenced the appellant to confinement for
twenty-three (23) years in the Department of Correction.
Three basic issues are presented for review. The appellant
contends that the evidence is insufficient to sustain his
conviction; the sentence imposed by the trial court is
excessive; and Tenn. Code Ann. 39-13-523, which requires a
person convicted of child rape to serve the entire sentence
imposed by the trial court, is unconstitutional.
URL:http://www.tba.org/tba_files/TCCA/HOLDERDL.OPN.WP6
STATE OF TENNESSEE, v. JAMES E. JOHNSON,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
MICHAEL R. JONES CHARLES W. BURSON
19th District Public Defender Attorney General/Reporter
MICHELLE L. LEHMANN
Assistant Attorney General
JOHN CARNEY
District Attorney General
DENT MORRISS
Assistant District AG
First Paragraph:
This is a direct appeal pursuant to Rule 37(b)(2) of the
Tennessee Rules of Criminal Procedure from a plea of nolo
contendere. In the Defendant's plea agreement, all charges
were dropped except for one count of possession of a
schedule II drug with intent to sell. He was sentenced to
six years as a Range I offender. In his plea of nolo
contendere, the Defendant expressly reserved a certified
question of law that is dispositive of the case. The
certified question of law stems from the trial court's
denial of the defendant's motion to suppress.
URL:http://www.tba.org/tba_files/TCCA/JOHNSONJ.OPN.WP6
STEPHEN R. MASSEY, v. STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Hershell D. Koger Charles W. Burson
135 N. First Street Attorney General & Reporter
P.O. Box 1148
Pulaski, TN 38478 William David Bridgers
Assistant Attorney General
Mike Bottoms
District Attorney General
Richard H. Dunavant
Asst. Dist. Attorney General
First Paragraph:
The petitioner, Stephen R. Massey, brings this appeal
challenging the trial court's dismissal of his petition for
post-conviction relief. Specifically, he claims that (1)
the trial court erred in holding that the failure to provide
petitioner with a preliminary hearing on his probation
revocation was not error, (2) his due process and Fourth
Amendment rights were denied when he was arrested pursuant
to what petitioner labels an "unlawful warrant," and (3) his
counsel was ineffective.
URL:http://www.tba.org/tba_files/TCCA/MASSEYS.OPN.WP6
JAMES R. MILLER, v. STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
JAMES R. MILLER, Pro Se CHARLES W. BURSON
District Attorrney General
MICHELLE L. LEHMANN
Assistant District AG
MIKE BOTTOMS
District Attorney General
JAMES G. WHITE
Assistant District AG
First Paragraph:
This is an appeal from an order of the trial court
dismissing a petition for writ of habeas corpus. The trial
judge found that the petition failed to state a claim
appropriate for habeas corpus relief. The trial judge
further found that the court did not have jurisdiction to
entertain the petition as a petition for post-conviction
relief, because the petition had not been filed in the court
of the Defendant's conviction.
URL:http://www.tba.org/tba_files/TCCA/MILLERJR.OPN.WP6
STATE OF TENNESSEE, v. LESTER A. PEAVYHOUSE,
Court:TCCA
For the Appellant: For the Appellee:
Russel A. Church Charles W. Burson
Asst. Public Defender Attorney General and Reporter
William David Bridgers
Assistant Attorney General
John Wesley Carney, Jr.
District Attorney General
Arthur F. Bieber
Asst. District Attorney General
Edward DeWerff
Asst. District Attorney General
First Paragraph:
The appellant, Lester A. Peavyhouse, was convicted of two
counts of first degree murder, one count of attempted first
degree murder, one count of attempted second degree murder,
four counts of aggravated assault with a deadly weapon, and
one count of possession of an unlawful weapon. The
appellant received two life sentences for the first degree
murder convictions (counts one and two), to be served
consecutively.
URL:http://www.tba.org/tba_files/TCCA/PEAVYH.OPN.WP6
ERIC PENDLETON, v. STATE OF TENNESSEE,
Court:TCCA
For the Appellant: For the Appellee:
Justin Johnson Charles W. Burson
2131 Murfreesboro Rd. Attorney General of Tennessee
Nashville, TN 37217 and
Christina S. Shevalier
Assistant Attorney General of TN
Victor S. Johnson, III
District Attorney General
and
Paul DeWitt
Assistant District AG
First Paragraph:
This case was remanded by the Tennessee Supreme Court for
our consideration in light of House v. State, 911 S.W.2d 705
(Tenn. 1995). In our previous opinion, we reversed the
Davidson County Criminal Court's dismissal of the
petitioner's third post-conviction petition and remanded the
case for an evidentiary hearing regarding waiver. In light
of House, we conclude that the trial court's dismissal of
the petitioner's petition should be affirmed.
URL:http://www.tba.org/tba_files/TCCA/PENDLETO.OPN.WP6
STATE OF TENNESSEE, v. JOSEPH MICHAEL SHELTON,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
GERALD L. MELTON CHARLES W. BURSON
District Public Defender Attorney General & Reporter
201 West Main St., Suite 101
Murfreesboro, TN 37130 JOHN P. CAULEY
Asst. Attorney General
GUY R. DOTSON
District Attorney General
DAVID L. PUCKETT
Asst. District AG
First Paragraph:
The defendant was indicted for aggravated burglary and
especially aggravated kidnapping. On May 24, 1994, he was
found guilty at a jury trial on both charges. The trial
court sentenced the defendant to sixteen years for
especially aggravated kidnapping and to three years for
aggravated burglary. The sentences were ordered to run
concurrently.
URL:http://www.tba.org/tba_files/TCCA/SHELTONJ.OPN.WP6
WILLIAM CARLOS THOMAS v. STATE OF TENNESSEE,
Court:TCCA
For the Appellant: For the Appellee:
ON APPEAL: Charles W. Burson
Attorney General and Reporter
Richard J. Brodhead
Cedars Center Sharon S. Selby
307 West Main Street Assistant Attorney General
Lebanon, TN 37087
Tom P. Thompson, Jr.
District Attorney General
First Paragraph:
The appellant, William Carlos Thomas, appeals from an order
entered by the Criminal Court for Wilson County dismissing
his petition for post-conviction relief. The appellant
raises the following twelve issues for our review:
URL:http://www.tba.org/tba_files/TCCA/THOMASWC.OPN.WP6
Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/
Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
Non TBA members are WELCOME to subscribe...it's free!!
Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank
Return to the TBALink Home Page