TBALink Opinion-Flash

April 18, 1996 -- Volume #2 -- Number #37 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 : 3
New Opinons From TCA : 7
New Opinons From TCCA : 14
New Opinons From AG : Pending

There are three ways to get the full opinion from the Web: (TBALink members only)

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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

STATE OF TENNESSEE,v. TIM0THY D. HARRIS and CRAIG THOMPSON,
and DISSENTING OPINION

Court:TSC

For Appellant:                  For Appellee Harris:

Charles W. Burson               Harry U. Scruggs
Attorney General & Reporter     Memphis, Tennessee

Amy L. Tarkington               David C. Stebbins
Christina S. Shevalier          (formerly/the Capital Case
Assistant Attorneys General     Resource Center)
Nashville, Tennessee            Columbus, Ohio


Glenn I. Wright                 For Appellee Thompson
Gerald Harris
Paul F. Goodman                 John G. Oliva
Assistant District Attorneys    Nashville, Tennessee
Memphis, Tennessee
                                David C. Stebbins
                                (formerly/the Capital Case                                 
                                Resource Center)
                                Columbus, Ohio

                                Carolyn Watkins
                                Edward G. Thompson
                                Assistant Public Defenders
                                Memphis, Tennessee
                        
First Paragraph:

The single issue in this consolidated appeal is purely a
question of law and requires a determination of whether a
remand for resentencing is appropriate when an appellate
court in a capital case concludes the sole aggravating
circumstance found by the original sentencing jury is
legally invalid and sets aside the sentence of death. 
Because there is no legal principle which precludes the
State from seeking the death penalty upon resentencing, a
remand for that purpose is appropriate.  

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

STATE OF TENNESSEE, v. ANTHONY DARRELL DUGARD HINES,

Court:TSC

FOR APPELLANT:                  FOR APPELLEE: 
Brock Mehler (Appeal Only)      Charles W. Burson
Capital Case Resource Center    Attorney General & Reporter 
Nashville, Tennessee            Nashville, Tennessee

Tom Bloom (Appeal Only)         Amy L. Tarkington
Rothchild & Assoc.              Assistant Attorney General
Nashville, Tennessee            Nashville, Tennessee

Steve Stack (Trial Only)
Ashland City, Tennessee 
                        
First Paragraph:

This defendant was convicted of murder in the perpetration
of armed robbery and sentenced to death.  On direct appeal
this Court affirmed defendant's conviction and remanded the
case for resentencing because of erroneous jury
instructions.

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

MACK BROWDER d/b/a MACK BROWDER & ASSOCIATES,
v.
LOGISTICS MANAGEMENT, INC., 

Court:TCA

Jef Feibelman, Burch, Porter & Johnson of Memphis
For Appellant

John J. Heflin, III, Bourland, Heflin, Alvarez,
Holley & Minor, of Memphis
For Appellee
                       
First Paragraph:

This case involves construction of a contract.  Plaintiff
Appellant Mack Browder, doing business as Mack Browder and
Associates (Browder), appeals the trial courts grant of
summary judgment to Defendant-Appellee, Logistics
Management, Inc. (LMI).

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

STATE OF TENNESSEE, DEPARTMENT OF COMMERCE AND INSURANCE,
ELAINE McREYNOLDS, COMMR.,
v.
FIRSTTRUST MONEY SERVICES, INC., LINCOLN INVESTMENT
PROPERTIES, INC., FIRSTTRUST, INC.,

Court:TCA

ROBERT S. PATTERSON
BOULT, CUMMINGS, CONNERS & BERRY
Nashville, Tennessee
Attorney for Appellants

CHARLES W. BURSON
Attorney General and Reporter
JERRY L. SMITH
Deputy Attorney General
Nashville, Tennessee
Attorney for Appellee
                        
First Paragraph:

This case was filed by the Commissioner of the Department of
Commerce and Insurance in the chancery court of Davidson
County under the provisions of the Tennessee Financial
Records Privacy Act.  The Commissioner sought court approval
to issue certain subpoenas duces tecum incident to an
investigation of the defendant financial institutions.  The
trial court entered an order approving the issuance of the
subpoenas and dismissing defendants counter-claim.  Two of
the defendants (FirstTrust Money Services, Inc. And Lincoln
Investment Properties, Inc.) have appealed.  For the reasons
stated hereafter, we affirm the judgment of the trial court.

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

NINA ALICE KIMBLE,  v. MICHAEL WAYNE KIMBLE,    

Court:TCA

Michael L. Agee,
AGEE & AGEE, Bartlett, Tennessee
Attorney for Respondent/Appellant.

Kathryn A. King,
SHEA, KING & LANDERS, Memphis, Tennessee
Attorney for Petitioner/Appellee.
                       
First Paragraph:

The gravamen of this appeal is child support.  Nina Alice
Kimble and Michael Wayne Kimble were married in 1985,
divorced in 1992 and will be referred to as Wife and
Husband, respectively.  When they married, Wife had a son
from a previous marriage and Husband a daughter.  Husband
adopted the son but Wife did not adopt the daughter.

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

RICHARD C. KING, and Wife,      
KIMBERLY KING,                  
v.
W.D. SCHOCK, INC., SOUTH CENTRAL BELL TELEPHONE COMPANY
a/k/a BELLSOUTH TELECOMMUNICATIONS, INC., and CHARLES LARUE,
Defendants/Appellees,   
                            
NASHVILLE ELECTRIC SERVICE, VIACOM CABLEVISION a/k/a VIACOM
INTERNATIONAL, INC., RICHARD LARUE, CARLOS LEWIS d/b/a
CARLOS LEWIS & SON HOME MOVERS, METROPOLITAN NASHVILLE
AIRPORT AUTHORITY and THE METROPOLITAN GOVERNMENT OF
NASHVILLE AND DAVIDSON COUNTY, ACTING BY AN THROUGH THE
ELECTRIC POWER BOARD AND OPERATING UNDER THE NAME "NASHVILLE
ELECTRIC SERVICE,"                  
Defendants.             

Court:TCA

DAVID I. KOMISAR            SANDRA L. RANDLEMAN
211 Printer's Alley Bldg.   333 Commerce Street, #2101
Suite 400                   Nashville, TN 37201-3300
Nashville, TN  37201        ATTORNEY FOR DEFENDANT/APPELLEE
                            BELLSOUTH TELECOMMUNICATIONS,INC.
CASEY E. MORELAND           
Metropolitan Courthouse     ROBERT L. ESTES
3rd Floor                   JOHN E. ANDERSON
Nashville, TN  37201        Stewart, Estes & Donnell
ATTORNEYS FOR               Third National Financial Center
 PLAINTIFFS/APPELLANTS      424 Church Street, 14th Floor
                            Nashville, TN 37219-2392
                            ATTORNEYS FOR DEFENDANT/APPELLEE
                            W.D. SCHOCK COMPANY, INC.
C. BENTON PATTON
Manier, Herod, 
Hollabaugh & Smith
2200 One Nashville Place
150 Fourth Avenue North
Nashville, TN 37219

CHRISTINA K. BOYER
4016 Farnam St. 
Omaha, NE 68127
ATTORNEYS FOR DEFENDANT/APPELLEE
CHARLES LARUE
                        
First Paragraph:

This is an appeal by plaintiffs/appellants, Richard and
Kimberly King, from the trial court's order granting summary
judgment to defendants/appellees, W. D. Schock, Co.
("Schock"), South Central Bell Telephone Co. a/k/a Bell
South Telecommunications, Inc. ("Bell South"), and Charles
LaRue.

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

PATRICK McMATH AND JULIANNE McMATH, v. DR. DAVID SHARFMAN,

Court:TCA

Law Office of Don Owens,
Andrew Hume Owens of Memphis
Defendant-Appellee,         
    
For Appellants
David M. Cook and W. Timothy 
Hayes, Jr., of Memphis
For Appellee
                        
First Paragraph:

This is a medical malpractice case dismissed by the trial
court primarily via the operation of T.C.A.   29-26-116
(a)(3), the three year statute of repose for medical
malpractice actions.

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

STATE OF TENNESSEE, DEPARTMENT OF COMMERCE AND INSURANCE,
ELAINE McREYNOLDS, COMMR.,
v.
FIRSTTRUST MONEY SERVICES, INC., LINCOLN INVESTMENT
PROPERTIES, INC., FIRSTTRUST, INC.,

Court:TCA

ROBERT S. PATTERSON
BOULT, CUMMINGS, CONNERS & BERRY
Nashville, Tennessee
Attorney for Appellants

CHARLES W. BURSON
Attorney General and Reporter
JERRY L. SMITH
Deputy Attorney General
Nashville, Tennessee
Attorney for Appellee
                       
First Paragraph:

This case was filed by the Commissioner of the Department of
Commerce and Insurance in the chancery court of Davidson
County under the provisions of the Tennessee Financial
Records Privacy Act.  The Commissioner sought court approval
to issue certain subpoenas duces tecum incident to an
investigation of the defendant financial institutions.  The
trial court entered an order approving the issuance of the
subpoenas and dismissing defendants counter-claim.  Two of
the defendants (FirstTrust Money Services, Inc. And Lincoln
Investment Properties, Inc.) have appealed.  For the reasons
stated hereafter, we affirm the judgment of the trial court.

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

VANLINER INSURANCE COMPANY,  v. JANICE JESSING, 

Court:TCA

PHILIP R. CRYE, JR. of RIDENOUR, RIDENOUR & FOX, Clinton,
for Appellant.

J. GREGORY OCONNOR and CHRISTOPHER D. HEAGERTY of CARPENTER
& OCONNOR, Knoxville, for Appellee.
                       
First Paragraph:

This case involves an agreement of indemnification.  It
arose out of the aftermath of a motor vehicle accident
between the appellant Janice Jessing (Jessing) and Daniel
Brown (Brown).  Brown and his employer were insured under a
liability insurance policy issued by the appellee Vanliner
Insurance Company (Vanliner).  In the instant action,
Vanliner sought indemnification from Jessing for payments
made by it in satisfaction of subrogation claims asserted
against Vanliner by State Farm Insurance Company (State
Farm) and Cotton States Insurance Company (Cotton States). 
Both of these insurers had made payments to or for their
insured, the appellant Jessing, under Georgias no-fault
insurance law.  In support of its suit against Jessing,
Vanliner relied upon language in a document entitled
"Indemnifying Release" signed by Jessing when she settled
her tort action against Brown, Vanliner, and others. 

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

STATE OF TENNESSEE, v. BILLY ALDRIDGE,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

H. Todd Taylor                  Charles W. Burson
Assistant Public Defender       Attorney General and Reporter
208 N. Mill Avenue              450 James Robertson Parkway
P.O. Box 742                    Nashville, Tennessee 37243-0493
Dyersburg, Tennessee 
(Appeal Only)                   Ellen H. Pollack
                                Assistant Atty. Gen. & Reporter
Clarence Cochran                450 James Robertson Parkway
Assistant Public Defender       Nashville, Tennessee 37243-0493
208 N. Mill Avenue
P.O. Box 742                    Phillip Bivens
Dyersburg, Tennessee            District Attorney General
(Trial Only)
                                John E. Vaughn
                                Assistant District Attorney General
                                P.O. Drawer E.
                                Dyersburg, Tennessee 38025
                        
First Paragraph:

The appellant, Billy Aldridge, was convicted of aggravated
assault, a class C felony, and sentenced to ten years in the
Department of Corrections as a Range II multiple offender. 
His sentence is to be served consecutively to other
sentences which he was serving at the time of this offense. 
He raises two issues on appeal: (a)the sufficiency of the
convicting evidence; and (b) the trial courts failure to
grant a trial based upon the appellants claims of juror
bias.

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

STATE OF TENNESSEE, v. RONALD S. AUSTIN,

Court:TCCA

FOR THE APPELLANT:               FOR THE APPELLEE:


LLOYD A. LEVITT                 CHARLES W. BURSON
312 Vine St.                    Attorney General & Reporter
Chattanooga, TN   37403
(On Appeal)                     MICHAEL J. FAHEY, II
                                Asst. Attorney General
W. GERALD TIDWELL, JR.          450 James Robertson Pkwy.   
600 Dome Bldg.                  Nashville, TN  37243-0493
Chattanooga, TN   37402
(At Plea/Sentencing Hearing)                
                                GARY D. GERBITZ
                                District Attorney General

                                DEE ANNE IRWIN
                                -and-
                                THOMAS J. EVANS
                                Asst. District AG
                                Hamilton County-Chattanooga
                                Courts Bldg.
                                Chattanooga, TN   37402

First Paragraph:

The defendant was indicted for theft of property and
forgery.  He pled guilty to both counts.  After a hearing,
the court below sentenced the defendant as a Range II
offender to the maximum of eight years for each offense, to
be served concurrently.  Approximately one week after the
hearing, the defendant filed a pro se motion to withdraw his
guilty pleas, which the lower court denied after an
evidentiary hearing.  The defendant now appeals as of right,
claiming the trial court erred in denying his motion to
withdraw his pleas, and that his sentence is excessive. 
After our review of the record, we affirm the judgment
below.

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

STATE OF TENNESSEE,v. JEFFREY LYNN CAMERON,

Court:TCCA

For The Appellant:              For the Appellee:

Ardena J. Garth                 Charles W. Burson
and Donna Robinson Miller       Attorney General & Reporter
Office of Public Defender               
Suite 300 - 701 Cherry Street   Lisa A. Yacuzzo
Chattanooga, TN 37402           Assistant Attorney General
615/323-1220                    General Civil Division

First Paragraph:

The defendant, Jeffery Lynn Cameron, entered guilty pleas to
eleven counts of aggravated burglary, one count of burglary,
and eleven underlying counts of theft as a Range I offender.
This appeal is from the maximum consecutive sentences
totaling 70 years ordered by the trial judge on the burglary
counts.

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

TONY V. CARRUTHERS, v. STATE OF TENNESSEE,

Court:TCCA

FOR THE APPELLANT:      FOR THE APPELLEE:

CRAIG V. MORTON, II     CHARLES W. BURSON   
Attorney at Law         Attorney General and Reporter
212 Adams Avenue    
Memphis, TN  38103      CLINTON J. MORGAN
                        Attorney Generals Office
                        450 James Robertson Parkway
                        Nashville, TN  37243

                        JOHN W. PIEROTTI
                        District Attorney General

                        REGINALD R. HENDERSON
                        Assistant District Attorney
                        201 Poplar Avenue
                        Third Floor
                        Memphis, TN  38103

First Paragraph:

The Appellant, Tony Von Carruthers, was convicted of
aggravated assault in 1990.  He was sentenced to ten years
imprisonment.  In September of 1992, Appellant  petitioned
for post-conviction relief in the Shelby County Criminal
Court alleging that he received the ineffective assistance
of counsel in violation of his rights under the Sixth
Amendment to the United States Constitution.  Following an
evidentiary hearing, the trial court denied Appellants
petition.  On appeal, Appellant again asserts that his trial
attorney inadequately prepared and presented the defense at
trial and that the lower court erroneously concluded
otherwise.

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

STATE OF TENNESSEE, v. BILLY CARTER,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Billy E. Carter             Charles W. Burson
Pro Se                      Attorney General and Reporter
MCRCS/128549                450 James Robertson Parkway
P.O. Box 2000               Nashville, Tennessee 37243-0493
Wartburg, Tennessee
                            Michelle L. Lehmann
                            Assistant Atty. Gen. & Reporter
                            450 James Robertson Parkway
                            Nashville, Tennessee 37243-0493

                            Greeley Wells   
                            District AG

                            Edward E. Wilson
                            Assistant District AG
                            P.O. Box 526
                            Blountville, Tennessee 37617

First Paragraph:

The appellant, Billy Carter, appeals from the judgment of
the Sullivan County Criminal Court revoking his probation. 
He argues that he was denied due process of law, that the
trial court erred in allowing the testimony of a social
worker, that the evidence was insufficient to revoke his
probation, and that he was denied the effective assistance
of counsel.

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

STATE OF TENNESSEE, v. FREDDIE LEON CHISM,  

Court:TCCA

For Appellant               For Appellee
Tom W. Crider               Charles W. Burson
Dist. Public Defender       Attorney General and Reporter

J. Diane Stoots             Michael J. Fahey, II
Asst. Public Defender       Asst. Attorney General
        
                            Clayburn L. Peeples, Jr.
                            District Attorney
                            Twenty-Eighth Judicial Dist.
                        
                            Garry Brown
                            Asst. District Attorney General

First Paragraph:

The defendant, Freddie Leon Chism, pled guilty to possession
of cocaine with intent to deliver or sell and possession of
drug paraphernalia; he reserved the right to appeal as a
certified question of law the denial of his motion to
suppress.  See Tenn. R. Crim. P. 11(e) and 37(b)(2).  The
trial court imposed Range I concurrent sentences of three
years for the possession with intent to deliver or sell
cocaine and eleven months and twenty-nine days for the
possession of drug paraphernalia.

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

JOHN DERRICK COLEMAN, v. STATE OF TENNESSEE,   

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

John Derrick Coleman, Pro Se    Charles W. Burson
P.O. Box 1050 WTHSF             Attorney General & Reporter
Henning, TN 38041               450 James Robertson Parkway
                                Nashville, TN 37243-0495

                                William David Bridgers
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN  37243-0493

First Paragraph:

The appellant, John Derrick Coleman, appeals as of right
from a judgment  of the trial court summarily dismissing his
action for post-conviction relief.  The trial court did not
give a reason for the sua sponte summary dismissal.  The
appellant contends that he was entitled to the appointment
of counsel, the right to amend his petition, and an
evidentiary hearing to present evidence to support the
grounds alleged in his petition.  The State of Tennessee
admits in its brief that the trial court committed error in
summarily dismissing the appellant's post-conviction action
sua sponte.  

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

RICKEY LEWIS HILLIARD, v. STATE OF TENNESSEE,

Court:TCCA

ORDER
                        
First Paragraph:

This matter is before the Court upon the states motion,
pursuant to Rule 20 of the Rules of the Court of Criminal
Appeals, to affirm the judgment of the trial court by order
rather than by formal opinion.  This case represents an
appeal from the trial courts denial of the petitioners
petition for writ of habeas corpus.  The record in this
matter was filed with the Court on November 22, 1995, and
the petitioner filed his brief on January 19, 1996.

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

STATE OF TENNESSEE, v. ALEX HUGH MORROW,    

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

PAMELA J. DREWERY           CHARLES W. BURSON
227 West Baltimore          Attorney General & Reporter
Jackson, TN   38301
                            SARAH M. BRANCH
                            Counsel for the State
                            450 James Robertson Pkwy.                               
                            Nashville, TN  37243-0493
                
                            JERRY WOODALL
                            District Attorney General

                            DONALD P. ALLEN
                            Asst. District Attorney General
                            P.O. Box 2825           
                            Jackson, TN   38302

First Paragraph:

The defendant was indicted for aggravated robbery.  He pled
guilty to robbery with no agreement on his sentence.  After
a hearing, the trial court sentenced the defendant as a
Range I offender to five years in the penitentiary.  The
defendant now appeals claiming that his sentence is
excessive and that he should have been given alternative
sentencing.  We agree with the trial court that alternative
sentencing is not appropriate for this defendant, and that
the sentence of five years incarceration is proper.

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

MARK W. RAWLINGS, v. STATE OF TENNESSEE,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:


PAULA SKAHAN                CHARLES W. BURSON
140 North Third St.         Attorney General & Reporter
Memphis, TN   38103
                            RUTH A. THOMPSON
                            Counsel for the State
                            450 James Robertson Pkwy.                               
                            Nashville, TN  37243-0493
                
                            JOHN W. PIEROTTI
                            District Attorney General

                            JENNIFER S. NICHOLS
                            Asst. District Attorney General
                            201 Poplar Ave., Third Fl.                                  
                            Memphis, TN   38103 
                        
First Paragraph:

The petitioner Rawlings was indicted for, and pled guilty
to, three counts of especially aggravated robbery.  After a
hearing, he was sentenced as a Range I standard offender to
eighteen years for each offense, consecutive, for an
effective sentence of fifty-four years.

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

STATE OF TENNESSEE, v. PHILLIP S. ROBERTS,  
and CONCURRING AND DISSENTING OPINION

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:


GALE K. FLANARY             CHARLES W. BURSON
Asst. Public Defender       Attorney General & Reporter
P. O. Box 839
Blountville, TN  37617      CLINTON J. MORGAN
                            Asst. Attorney General
                            450 James Robertson Pkwy.                               
                            Nashville, TN  37243-0493
                
                            CARL K. KIRPATRICK
                            District Attorney General

                            PHYLLIS MILLER
                            Asst. District Attorney General
                            P. O. Box 526
                            Blountville, TN  37617

First Paragraph:

At his jury trial, the defendant was convicted of four
counts of burglary, three counts of attempted theft of
property valued at more than one thousand dollars but less
than ten thousand dollars, and one count of possession of
burglarious instruments.  He was sentenced to imprisonment
for four years for each of the attempted theft offenses,
eleven months and twenty-nine days for the possession of
burglarious instruments offense, and four years for three of
the four burglary offenses.  

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

STATE OF TENNESSEE, v. THOMAS SINCLAIR,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

GEORGE MORTON GOOGE         CHARLES W. BURSON
District Public Defender    Attorney General and Reporter
26th Judicial District
227 W. Baltimore Street     ELLEN H. POLLACK
Jackson, TN 38301           Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            JERRY WOODALL
                            District Attorney General

                            DONALD ALLEN
                            Assistant District AG
                            P.O. Box 2825
                            Jackson, TN 38302

First Paragraph:

The Defendant, Thomas Sinclair, appeals as of right from a
jury verdict convicting him of second degree murder and
possession of a weapon with the intent to use it in the
commission of a felony.  For these crimes, the Defendant was
sentenced as a Range I standard offender to serve concurrent
sentences of twenty five years and two years in the
Tennessee Department of Correction.  The Defendant appeals
the verdict and his sentence.  We affirm the judgment of the
trial court in part and modify the sentence.

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

PHILLIP R. WOODS,v. STATE OF TENNESSEE, 

Court:TCCA

For Appellant               For Appellee
James D. Gass               Charles W. Burson
Attorney                    Attorney General & Reporter
203 South Shannon           
Suite 100                   Michelle L. Lehmann 
Jackson, TN  38301          Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN  37243-0493

                            James W. Thompson
                            Asst. District Attorney General
                            225 Martin Luther King, Jr. Dr.
                            Jackson, TN  38301

First Paragraph:

The petitioner, Phillip R. Woods, appeals the trial court's
denial of post-conviction relief.  The petitioner presents
two issues for our review:  (1) whether the petitioner was
denied the effective assistance of counsel due to the
illegality of the sentence; and (2) whether the petitioner
knowingly and voluntarily pled guilty.

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

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