TBALink Opinion-Flash

May 3, 1996 -- Volume #2 -- Number #43 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.

This Issue (IN THIS ORDER) :
- New Opinons From TSC - New Opinons From TSC-Rules 03 New Opinons From TSC-Workers Comp Panel - New Opinons From TCA 11 New Opinons From TCCA

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Jim Moore
TBALink Co-Chief Editor
Opinion-Flash

STANLEY BAILEY, v. AMRE, INC.,

Court: TCA (Workers Comp Panel)

For the Appellant:          For the Appellee:

Thomas K. McAlexander       Linda J. Hamilton Mowles
Hill, Boren, Drew           J. Christopher Clem
 & Martindale, P.C.         One Centre Square
P.O. Box 3539               620 Market Street, Fifth Floor
Jackson, TN 38303-0539      P.O. Box 2425
                            Knoxville, TN 37901
                      
First Paragraph:

This workers' compensation appeal has been referred to the
Special Workers' Compensation Appeals Panel of the Supreme
Court in accordance with Tenn. Code Ann.  50-6-225(e)(3)
for hearing and reporting to the Supreme Court of findings
of fact and conclusions of law.

Judge: William H. Inman, Senior Judge

URL:http://www.tba.org/tba_files/TSC_WCP/BAILEY.OPN.WP6
Opinion-Flash

ROSS N. EVERETT, v WAL-MART STORES, INC.,

Court: TCA (Workers Comp Panel)

For the Appellant:              For the Appellees:

James S. MacDonald              Barry K. Maxwell
Jenkins & Jenkins               Wesley L. Hatmaker
2121 Plaza Tower                500 First American Center
Knoxville, TN  37929-2121       P.O. Box 2047
                                Knoxville, TN  37901
                        
First Paragraph:

This workers' compensation appeal has been referred to the
Special Workers' Compensation Appeals Panel of the Supreme
Court in accordance with Tenn. Code Ann.  50-6-225(e)(3)
for hearing and reporting to the Supreme Court of findings
of fact and conclusions of law. Plaintiff, Ross N. Everett,
has appealed from the action of the trial court in awarding
45% permanent partial disability benefits to his left leg. 
His primary contention is the Chancellor was in error by not
finding his pre-existing arthritic condition was aggravated
by the accident.

Judge: Roger E. Thayer, Special Judge

URL:http://www.tba.org/tba_files/TSC_WCP/EVERETT.OPN.WP6
Opinion-Flash

CLIFFORD E. WELLS, 
v. 
JEFFERSON CITY ZINC, INC.and SUE ANN HEAD, Director,
Tennessee Department of Labor, Division of Workers'
Compensation,

Court: TCA (Workers Comp Panel)

For the Appellant:          For the Appellee--      
                            Second Injury Fund:     

A. Benjamin Strand, Jr.     Charles W. Burson       
Rebecca D. Slone            Attorney General        
Strand & Goddard            & Reporter              
P.O. Box 219                Sandra E. Keith
Dandridge, TN  37725        Assistant Attorney General
                            1510 Parkway Towers
                            404 James Robertson Pkwy.
                            Nashville, TN  37243-0499

                            For the Appellee--
                            Clifford E. Wells:
                            James M. Davis
                            214 N. Jackson St.
                            Morristown, TN  37814
                            
First Paragraph:

This workers' compensation appeal has been referred to the
Special Workers' Compensation Appeals Panel of the Supreme
Court in accordance with Tenn. Code Ann. 50-6-225(e)(3) for
hearing and reporting to the Supreme Court of findings of
fact and conclusions of law. The employer appeals the trial
court's finding that the plaintiff is 100% permanently and
totally disabled, its apportionment of 70% of the liability
to the to the employer and 30% to the Second Injury Fund and
its commutation of the award to a lump sum.

Judge:John K. Byers, Senior Judge

URL:http://www.tba.org/tba_files/TSC_WCP/WELLS.OPN.WP6
Opinion-Flash

TYLER WAYNE BANES,v. STATE OF TENNESSEE,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:


THOMAS T. WOODALL           CHARLES W. BURSON
P. O. Box 1075              Attorney General & Reporter
Dickson, TN  37056-1075
(On Appeal)                 ELLEN H. POLLACK
                            Asst. Attorney General
GEORGE MORTON GOOGE         450 James Robertson Pkwy.   
Public Defender             Nashville, TN  37243-0493
227 West Baltimore St.              
Jackson, TN  38301          JERRY WOODALL
(At Trial and on Appeal)    District Attorney General

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

First Paragraph:

On May 13, 1992, the petitioner was convicted of aggravated
rape and aggravated sexual battery.  He has now filed a
petition for a writ of error coram nobis, requesting that
his conviction for aggravated rape be set aside and that he
be granted a new trial because of newly discovered evidence.
 After a hearing on March 30, 1995, the trial court denied
the petition.

Judge:JOHN H. PEAY, Judge

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

STATE OF TENNESSEE, v. ANDRE S. BLAND,  

Court:TCCA

Attorneys: N/A
                        
First Paragraph:

O R D E R
This matter is before the Court upon the state's petition
for a rehearing of the Court's opinion in the
above-captioned cause.  In its petition, the state asserts,
pursuant to T.R.A.P. 39(a)(4), that this Court's dicta in
footnote 11 of its opinion addressed an issue relying "upon
matters of fact or law upon which the parties have not been
heard and that are open to reasonable dispute."

Judge: PAUL G. SUMMERS, JUDGE

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

PAUL BOND,  v. STATE OF TENNESSEE,  

Court:TCCA

FOR THE APPELLANT:      FOR THE APPELLEE:

Orvil L. Orr            Charles W. Burson
Attorney at Law         Attorney General & Reporter 
204 S. College Street
P.O. Box 351            Eugene J. Honea
Trenton, TN 38382       Assistant Attorney General
                        Criminal Justice Division
                        450 James Robertson Parkway
                        Nashville, TN 37243-0493

                        Clayburn L. Peeples
                        District Attorney General

                        Ted Neumann
                        Asst. Dist. Attorney General
                        109 E. First Street
                        Trenton, TN 38382

First Paragraph:

The appellant, Paul Bond, was indicted for first degree
murder.  He entered a negotiated plea to second degree
murder.  Pursuant to his plea agreement, he was sentenced to
thirty-six (36) years confinement.  He filed for
post-conviction relief alleging that his plea was
involuntary, that he received ineffective assistance of
counsel, and that his sentence was excessive.  The trial
court conducted an evidentiary hearing and denied relief. 
Appellant appeals.  We affirm.

Judge: PAUL G. SUMMERS, JUDGE

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

STATE OF TENNESSEE, v. KEITH L. BROWN,

Court:TCCA

For Appellant:          For Appellee:

James V. Ball           Charles W. Burson
Attorney                Attorney General & Reporter
217 Exchange Avenue
Memphis, TN  38105      Robin L. Harris             
                        Assistant Attorney General
                        Criminal Justice Division 
                        450 James Robertson Parkway
                        Nashville, TN  37243-0493

                        Walt Freeman 
                        Assistant Attorney General 
                        302 Market Street
                        Somerville, TN  38068 

First Paragraph:

The defendant, Keith L. Brown, was convicted for evading
arrest and possession of more than .5 grams of cocaine with
intent to deliver.  The trial court imposed a sentence of ll
months and 29 days for the misdemeanor conviction and a
consecutive sentence of nine years for the drug conviction. 
The single issue presented for review is whether the
evidence was sufficient to convict.  We affirm the judgment
of the trial court.

Judge: Gary R. Wade, Judge

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

STATE OF TENNESSEE, v. AMES BRUGGEMAN,  

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Bill R. Barron and              Charles W. Burson
J. Mark Johnson                 Attorney General/Reporter
Contract Appellant Defenders    450 James Robertson Parkway
124 East Court Square           Nashville, Tennessee 37243
Trenton, Tennessee 38382
                                Charlotte H. Rappuhn
George Morton Googe             Asst Atty. Gen. & Reporter
District Public Defender        450 James Robertson Parkway
227 West Baltimore Street       Nashville, Tennessee 37243
Jackson, Tennessee 38301
                                Don Allen
                                Asst District AG
                                P.O. Box 2825
                                Jackson, Tennessee 38301    

First Paragraph:

This is an appeal as of right by the appellant, James
Bruggeman, following a jury verdict finding him guilty of
theft and criminal impersonation.  The appellant argues
that: 
(1) The evidence was insufficient to support a
verdict of guilty.
(2) The trial court erred in allowing the State to
present demonstrative evidence without establishing a proper
chain of custody.
(3) The trial court failed to sentence the appellant in a
timely manner in accordance with Tennessee Code Annotated
section 40-35-209.
(4) The trial court gave the appellant an excessive
sentence after determining that there were no significant
enhancing or mitigating factors.  

Judge: MARY BETH LEIBOWITZ, SPECIAL JUDGE

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

JOHNNIE BUFORD, JR., v. STATE OF TENNESSEE, 

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Joseph M. Ozment            Charles W. Burson
Attorney at Law             Attorney General & Reporter 
100 N. Main, Suite 3010
Memphis, TN 38103           Ruth A. Thompson
                            Counsel for the State
                            Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493
    
                            John W. Pierotti
                            District Attorney General

                            Jennifer Nichols
                            Asst. Dist. Attorney General
                            201 Poplar Avenue - 3rd Floor
                            Memphis, TN 38103

First Paragraph:

The appellant, Johnnie Buford, Jr., pled guilty to rape on
June 12, 1961. He was sentenced to life.  He filed for
post-conviction relief in 1993 alleging that he received
ineffective assistance of counsel and that his plea was
unknowingly and involuntarily entered.  The trial court
dismissed his petition as untimely.  We affirm the trial
court's judgment.

Judge:PAUL G. SUMMERS, Judge

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

WILLIAM D. CARROLL, v. FRED RANEY, WARDEN,

Court:TCCA

For Appellee:               For Appellant:
Julie K. Pillow             Charles W. Burson
Assistant Public Defender   Attorney General & Reporter 
P.O. Box 700
Somerville, TN 38068        Ellen H. Pollack
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN  37243-0485

                            Amy L. Tarkington 
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN  37243-0493
                        
First Paragraph:

The State of Tennessee appeals from a judgment granting the
petitioner, William D. Carroll, habeas corpus relief on the
basis that his sentence had been fully served.  Earlier this
court had remanded the cause for an evidentiary hearing. 
See Carroll v. Raney, 868 S.W.2d 721 (Tenn. Crim. App.
1993).  The single issue presented for review is whether the
trial court erred by determining that the petitioners
commuted sentence had expired prior to being revoked by act
of the governor.  We reverse the judgment of the trial court
and dismiss the petition.

Judge:Gary R. Wade, Judge

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

STATE OF TENNESSEE,v. PAUL E. CEBULA,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

MACK GARNER                 CHARLES W. BURSON
Public Defender             Attorney General & Reporter

NATALEE STAATS HURLEY       ELIZABETH T. RYAN
Asst. Public Defender       Asst. Attorney General
318 Court St.               450 James Robertson Pkwy.   
Maryville, TN   37801       Nashville, TN  37243-0493
                
                            MIKE FLYNN
                            District Attorney General

                            CHARLES CARPENTER
                            Asst. District Attorney General
                            363 Court St.           
                            Maryville, TN   37804

First Paragraph:

The defendant was charged with driving under the influence
of an intoxicant (DUI) on May 25, 1994.  The defendant
waived indictment and jury trial and pled not guilty.  The
General Sessions Court found the defendant guilty, and he
appealed to the Circuit Court of Blount County, demanding a
jury trial.  The defendant was subsequently convicted by a
jury of DUI.  The trial court sentenced the defendant to
eleven months, twenty-nine days, all suspended but ten days,
plus a one thousand dollar ($1,000) fine imposed by the
jury.

Judge:JOHN H. PEAY, Judge

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

STATE OF TENNESSEE, v. ROGER GRISSOM,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

GEORGE MORTON GOOGE         CHARLES W. BURSON
District Public Defender    Attorney General and Reporter

DANIEL J. TAYLOR            ELLEN H. POLLACK
Assistant Public Defender   Assistant Attorney General
26th Judicial District      450 James Robertson Parkway
227 West Baltimore Street   Nashville, TN 37243-0485
Jackson, TN 38301
                            JERRY WOODALL
                            District Attorney General

                            DONALD H. ALLEN
                            Asst District Attorney General
                            225 Martin Luther King Drive
                            Jackson, TN 38301

First Paragraph:

The Defendant appeals his conviction pursuant to Rule 3 of
the Tennessee Rules of Appellate Procedure.  He was indicted
for two counts of rape of a child and two counts of
aggravated sexual battery.  He was convicted of two counts
of aggravated sexual battery after a jury trial.  The trial
court sentenced him to two concurrent twelve-year sentences
to be served as a Range I standard offender.

Judge: DAVID H. WELLES, JUDGE

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

STATE OF TENNESSEE, v. LUCIUS MACINEO MOSS, 

Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:


PHILIP L. DUVAL                 CHARLES W. BURSON
Market Court, Suite 204         Attorney General & Reporter
537 Market St.
Chattanooga, TN   37402         DARIAN B. TAYLOR
                                Asst. Attorney General
                                450 James Robertson Pkwy.                               
                                Nashville, TN  37243-0493
                
                                GARY D. GERBITZ
                                District Attorney General

                                RODNEY C. STRONG
                                Asst. District AG
                                600 Market St., Suite 300       
                                Chattanooga, TN   37402 

                        
First Paragraph:

The defendant was indicted separately for reckless
endangerment, aggravated robbery, and first-degree murder. 
The defendant was sixteen years old at the time of the
offenses, and after a hearing in juvenile court, was
transferred to criminal court.  After a single jury trial of
all three offenses, the defendant was convicted of reckless
endangerment, aggravated robbery, and second-degree murder. 
In this appeal as of right, the defendant raises four
issues:
1.  The trial court erred when it denied the defendants
motion to sever the offenses;
2.  The trial court erred in its response to questions by
the jury during deliberations seeking clarification of
its instructions;
3.  The trial court erred when it refused to consider juror
affidavits filed in support of the defendants motion for
new trial; and
4.  The evidence is insufficient to support the verdicts
and/or the weight   of the evidence preponderates against
the verdicts of guilt.

Judge: JOHN H. PEAY, Judge

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

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