TBALink Opinion-Flash

July 2, 1996 -- Volume #2 -- Number #60

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:
00-New Opinons From TSC
00-New Opinons From TSC-Rules
16-New Opinons From TSC-Workers Comp Panel
09-New Opinons From TCA
14-New Opinons From TCCA

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George Dean
TBALink Chief Editor

BEECHER KENT BILBREY v. ROADWAY EXPRESS, INC.,  
w/JUDGMENT ORDER

Court: TSC (Workers Comp Panel)

For the Appellant:              For the Appellee:

Nolan R. Goolsby                Eugene Stone Forrester, Jr.
Bennett & Goolsby               Farris, Mathews, Gilman,
107 South Washington Ave        Branan & Hellen
Cookeville, TN 38501            1 Commerce Square, Suite 2000
                                Memphis, TN 38103
                      
First Paragraph:

Plaintiff, Beecher Kent Bilbrey, has appealed from the
action of the trial court in dismissing his claim for
benefits because he failed to render proper notice of the
claim to defendant, Roadway Express, Inc.  The Chancellor
made alternative findings regarding all other aspects of the
claim in the event it was determined the notice requirement
had been complied with or reasonably excused.

Judge: THAYER, Special Judge

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

BETTY JO CLEGHORN,v. SUBURBAN HOME HEALTH, INC.,
w/JUDGMENT ORDER

Court: TSC (Workers Comp Panel)

For the Appellants:             For the Appellee: 

Mary Leech                      Raymond S. Leathers
710 Stewarts Ferry Pike         Gracey, Ruth, Howard, Tate
P.O. Box 291564                 & Howell
Nashville, TN 37229-1564        150 2nd Ave. N., Ste. 201
                                Nashville, TN 37201

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 trial court held that
the plaintiff had not met her burden of proving that she
sustained a permanent vocational disability as a result of
her work-related injury.  Plaintiff appeals, asserting that
the evidence does not support the trial courts judgment.

Judge: BYERS, Senior Judge

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

EUNICE IRENE FREEMAN,       
v.
SPORTSWEAR AND ASSOCIATES and LIBERTY MUTUAL INSURANCE
COMPANY,
w/JUDGMENT ORDER

Court: TSC (Workers Comp Panel)

For the Appellants:             For the Appellee: 

Luther E. Cantrell, Jr.         E. Guy Holliman
Davies,Cantrell,Humphreys       William Joseph Butler
 & McCoy
150 2d Ave. N., Ste. 225        Farrar & Holliman
P.O. Box 190609                 102 Scottsville Hwy.
Nashville, TN 37219-0609        Lafayette, TN 37083
                      
First Paragraph:

The trial judge found the plaintiff had suffered a 65%
permanent partial disability to the body as a whole and
entered judgment accordingly. The issues raised by the
defendant are: 1)   Whether the proof preponderates against
the trial courts judgment as excessive. 2)  Whether the
trial court erred in holding that the plaintiffs award was
not limited to two and a half times the medical impairment
rating. 3)  Whether the trial court erred in awarding the
plaintiff a lump sum payment.

Judge: BYERS, Senior Judge 

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

GLENN H. HALL,  
v.
BRIDGESTONE/FIRESTONE, INC. and INSURANCE COMPANY OF THE
STATE OF PENNSYLVANIA,
w/JUDGMENT ORDER

Court: TSC (Workers Comp Panel)

For Appellants:             For Appellee:

Patrick A. Ruth             R. Steven Waldron
Kitty Boyte                 Terry A. Fann
Nashville, Tennessee        Murfreesboro, Tennessee
 
First Paragraph:

The trial court awarded the employee, Glenn Hall, workers
compensation benefits for the total loss of hearing in his
left ear.  On appeal the employer asserts that the employee
failed to notify the employer of the injury as required by
the workers compensation statute.  We affirm the trial
courts finding that the proper notice was given.

Judge: Cantrell, Special Judge

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

JOHNSON CONTROLS,
v.
SHELBY J. COTHAM and LARRY BRINTON, DIRECTOR, SECOND INJURY
FUND
w/JUDGMENT ORDER

Court: TSC (Workers Comp Panel)

For the Appellant:              For the Appellees:

John D. Burleson                Phillip W. Kendrick
Dale Conder, Jr.                Kendrick & Kendrick
Rainey,Kizer,Butler,Reviere     5115 Maryland Way
& Bell, P.L.C.                  Brentwood, TN 37027
105 S. Highland Avenue
P. O. Box 1147                  Dianne Stamey Dycus
Jackson, TN 38302-1147          1510 Parkway Towers
                                404 Robertson Parkway
                                Nashville, TN 37243-0499
                      
First Paragraph:

Plaintiff, Johnson Controls, Inc., instituted suit against
defendant, Shelby J. Cotham, seeking a determination as to
whether the defendant employee had sustained a work-related
injury which was compensable.  The Circuit Judge found the
claim to be compensable and awarded 100 percent permanent
disability benefits apportioning 75 percent of the award to
plaintiff-employer and 25 percent to the Second Injury Fund.

Judge: THAYER, Special Judge

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

JOHN PRIMM, v. UCAR CARBON COMPANY, INC.,   
w/JUDGMENT ORDER

Court: TSC (Workers Comp Panel)

For the Appellant:          For the Appellee:

Kitty Boyte                 John S. Colley, III
Julia J. Tate               Colley & Colley
150 Second Avenue North     P. O. Box 1476
Suite 201                   Columbia, TN 38402-1476
Nashville, TN 37201
                    
First Paragraph:

Defendant, UCAR Carbon Company, Inc., has appealed from the
action of the trial court in awarding plaintiff, John Primm,
65% permanent partial disability benefits to the body as a
whole. Defendant contends the trial court was in error (1)
in awarding 65% disability to the body as a whole, (2) in
denying Defendant a set-off for payments of short-term
disability insurance benefits and (3) in commuting the award
to one lump sum payment.

Judge: THAYER, Special Judge

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

KATHY SHRUM, v INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA,
w/JUDGMENT ORDER

Court: TSC (Workers Comp Panel)

For the Appellant:              For the Appellees:

D. Randall Mantooth             Frank D. Farrar
Leitner, Warner, Moffitt,       William J. Butler
Williams,Dooley & Napolitan,    102 Scottsville Hwy.
2300 First American Center      P.O. Box 280
Nashville, TN  37238            Lafayette, TN  37083

First Paragraph:

This appeal by Defendant, Insurance Company of the State of
Pennsylvania, has resulted from the action of the trial
court in authorizing the employee to seek treatment from a
physician not designated by the employer.  The dispute has
arisen after the parties reached a settlement of all issues,
and it relates to post-judgment treatment of plaintiff,
Kathy Shrum.

Judge: THAYER, Special Judge

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

FARHAD YASIN SORANI,    
v. 
ROYAL INSURANCE COMPANY OF AMERICA and KENCO PLASTICS, INC.,
w/JUDGMENT ORDER

Court: TSC (Workers Comp Panel)

For Appellants:             For Appellee:

David T. Hooper             Frank D. Farrar
Hooper & Hooper             William Joseph Butler
Brentwood, Tennessee        Farrar & Holliman
                            Lafayette, Tennessee

First Paragraph:

The trial judge awarded compensation to the worker based on
50% permanent partial disability to both arms.  Because we
find that the evidence preponderates against the award, we
modify it to 25% disability to both arms.

Judge: Cantrell, Special Judge

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

EVELYN DIANNE BEECHAM,  v. TOM WAYNE BEECHAM,       

Court:TCA

PAUL A. BATES
CHRISTOPHER V. SOCKWELL
BOSTON, BATES & HOLT
235 Waterloo Street
P. O. Box 357
Lawrenceburg, Tennessee 38464
Attorneys for Plaintiff/Appellee

RANDY HILLHOUSE
FREEMON & HILLHOUSE
327 West Gaines Street
P. O. Box 787
Lawrenceburg, Tennessee 38464
Attorney for Defendant/Appellant
                       
First Paragraph:

The issues raised in this divorce case involve the award of
alimony, attorneys fees, and discretionary costs.  We
modify the lower courts judgment to delete the award of
alimony in solido.  Otherwise, we affirm.

Judge: BEN H. CANTRELL, JUDGE

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

JOSEPH SEAN DAMRON and wife, MRS. JOSEPH SEAN DAMRON,
v. 
BIANKA DENISE SADLER,       
w/DISSENTING OPINION

Court:TCA

C. ALEX MEACHAM
5220 Murfreesboro Road
LaVergne, Tennessee   37086
ATTORNEY FOR PLAINTIFFS/APPELLANTS

THOMAS M. DONNELL, JR.
DAVID P. CANAS
Stewart, Estes & Donnell
SunTrust Center, 14th Floor
424 Church Street
Nashville, Tennessee 37219-2392
ATTORNEYS FOR DEFENDANT/APPELLEE
                         
First Paragraph:

The captioned plaintiffs have appealed from the judgment of
the Trial Court sustaining the motion of defendant to
dismiss for lack of personal jurisdiction and insufficient
service of process.On April 3, 1992, plaintiffs filed their
complaint alleging that they received personal injuries in a
collision on April 5, 1991 caused by defendants negligence,
and that defendant was a resident of Rutherford County,
Tennessee.

Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION

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

CHARLES A. GRIFFIN,             
v.
CHARLES TRAUGHBER, COLIS NEWBLE, DAWN CHASE, ROSE HILL, JIM
GRISHAM, JOHN MCGRANAHAN, and TENNESSEE BOARD OF PAROLES,

Court:TCA

CHARLES A. GRIFFIN, PRO SE
Turney Center - 1A/58
Route 1
Only, Tennessee 37140-9709

CHARLES W. BURSON
Attorney General and Reporter
PATRICIA C. KUSSMANN
Assistant Attorney General
404 James Robertson Parkway
Suite 2000
Nashville, Tennessee 37243
ATTORNEY FOR RESPONDENTS\APPELLEES
                         
First Paragraph:

This is an appeal by petitioner/appellant, Charles A.
Griffin, from the trial courts order granting summary
judgment in favor of respondents/appellees, Charles
Traughber, Colis Newble, Dawn Chase, Rose Hill, Jim Grisham,
John McGranahan, and Tennessee Board of Paroles (the
Board).

Judge: SAMUEL L. LEWIS, JUDGE

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

William A. Hall and Beef Transport, Inc.,           
v.                      
Tennessee Dressed Beef Co. and Richard N. Hall, and William
A. Hall, derivatively on behalf of Tennessee Dressed Beef
Co.,
v.                      
Richard N. Hall,            

Court:TCA

JEFFERY A. GREENE
ALVIN L. HARRIS
Greene & Greene
P.O. Box 198768
323 Union Street
Nashville, Tennessee 37219-8768
ATTORNEYS FOR PLAINTIFFS/APPELLANTS

JOHN S. HICKS
DARWIN A. HINDMAN III
Baker, Donelson, Bearman & Caldwell
A Professional Corporation
1700 Nashville City Center
511 Union Street
Nashville, Tennessee 37219
ATTORNEYS FOR DEFENDANTS/APPELLEES
                        
First Paragraph:

This is an appeal by plaintiffs/appellants, William A. Hall
and Beef Transport, Inc. ("BTI"), from an order of the
chancery court granting summary judgment in favor of
defendants/appellees, Richard A. Hall and Tennessee Dressed
Beef Company ("TDBC").

Judge: SAMUEL L. LEWIS, JUDGE

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

JENNIE RHEA BURKE SMITH,v. ROBERT DUDLEY SMITH, JR.,

Court:TCA

PEGGY D. MATHES
214 Second Avenue North, Suite 105
Nashville, Tennessee 37201
Attorney for Plaintiff/Appellee

DOT DOBBINS
DOBBINS & VENICK
2100 West End Avenue, Suite 850
Nashville, Tennessee 37203
Attorney for Defendant/Appellant
                      
First Paragraph:

In this divorce case the husband contests the trial judges
award of rehabilitative alimony, the division of marital
property, and the order to pay private school tuition for
the wifes child by a former marriage.  The wife insists
that the trial judge erred in amending the final decree
based on inadmissible evidence and in ordering the wife to
pay one-half of the mortgage payment for January 1995.  We
modify the award of rehabilitative alimony and the order
allowing the husband to recover one-half of the property
held jointly with the wifes daughter; otherwise we affirm.

Judge: BEN H. CANTRELL, JUDGE

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

LAURA GAIL STEPHENS, v. DONALD JACKSON STEPHENS,

Court:TCA

MARY FRANCES LYLE
Bruce, Weathers, Corley, 
 Dughman & Lyle
First American Center, 20th Floor
315 Deaderick Street
Nashville, Tennessee  37238-2075
ATTORNEY FOR PLAINTIFF/APPELLEE

THOMAS F. BLOOM
500 Church Street, 5th Floor
Nashville, Tennessee  37219
ATTORNEY FOR DEFENDANT/APPELLANT
                         
First Paragraph:

Defendant, Donald Jackson Stephens ("Husband"), appeals from
the judgment of the trial court in this divorce action and
raises two issues.  He insists that the trial court erred in
dividing the parties marital property and in its award of
alimony in futuro to plaintiff, Laura Gail Stephens
("Wife").  

Judge: SAMUEL L. LEWIS, JUDGE

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

GWENDOLYN G. THOMPSON (BROWNING), v. DONALD LOUISE THOMPSON,

Court:TCA

Robert W. Rutherford,       Sue McKnight Evans 
Carol L. Soloman            Nashville, For Appellee
Nashville, For Appellant        
               
First Paragraph:

Petitioner-appellant, Gwendolyn G. Thompson (Browning)
(Wife), appeals from the order of the trial court awarding
respondent-appellee, Donald Lewis Thompson (Husband),
attorney fees in the amount of $500.00.

Judge: W. FRANK CRAWFORD, PRESIDING JUDGE, W.S.

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

CAROLYN FAYE BALL WILLIAMS, v. VICTOR LEGRAND WILLIAMS, SR.,    

Court:TCA

WM. Kennerly Burger
301 N. Spring Street
P.O. Box 398
Murfreesboro, Tennessee 37133-0398
ATTORNEY FOR RESPONDENT/APPELLANT

R. Steven Waldron
Terry A. Fann
202 West Main Street
Murfreesboro, Tennessee 37130
ATTORNEYS FOR PETITIONER/APPELLEE                     

First Paragraph:

This is an appeal by respondent/appellant, Victor Legrand
Williams, Sr. (Husband), from an order of the trial court
modifying the final decree entered in the divorce of Husband
and petitioner/appellee, Carolyn Faye Ball Williams
(Wife).  The modification reduced Husbands alimony
obligation to Wife by $400.00 per month.  

Judge: SAMUEL L. LEWIS, JUDGE

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

TERRY D. BARBER,v. STATE OF TENNESSEE,  

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Christopher M. Minton           Charles W. Burson
Attorney at Law                 Attorney General & Reporter
213 Fifth Avenue, North         450 James Robertson Parkway
Nashville, TN 37219             Nashville, TN 37243-0493

                                John P. Cauley
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                C. Phillip Bivens
                                District Attorney General
                                P.O. Drawer E
                                Dyersburg, TN 38024

First Paragraph:

The appellant, Terry D. Barber, appeals as of right from a
judgment of the trial court summarily dismissing his suit
for post-conviction relief.  The trial court found that the
suit was barred by the statute of limitations.  However, the
trial court also considered the grounds raised in the
petition, as amended, and found that the each ground alleged
had either been previously determined or waived.  This Court
finds that the suit was not barred by the statute of
limitations, but the grounds raised by the appellant have
been either previously determined or waived.  Therefore, the
judgment of the trial court is affirmed.

Judge: Joe B. Jones, Presiding Judge

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

STATE OF TENNESSEE,v. JOHNNY FRED BAYLES,   

Court:TCCA

FOR THE APPELLEE:           FOR THE APPELLANT:

John E. Herbison            Charles W. Burson
2016 Eighth Avenue South    Attorney General & Reporter 
Nashville, TN   37204
   (On Appeal)              Ellen H. Pollack
                            Assistant Attorney General
George Morton Googe         Criminal Justice Division
District Public Defender    450 James Robertson Parkway
                            Nashville, TN 37243-0493
Stephen P. Spracher
Asst. Public Defender       Jerry Woodall
227 W. Baltimore            District Attorney General
Jackson, TN   38301
     (At Trial)             James W. Thompson
                            Asst. Dist. Attorney General         

First Paragraph:

The appellee, Johnny Fred Bayles, pled guilty to aggravated
sexual battery in 1991.  As a Range I offender, he was
sentenced to twelve years in the Department of Correction. 
He was ordered to serve the first eleven months and
twenty-nine days in the workhouse with the balance to be
served in community corrections.  In November 1993, the
appellee was transferred from community corrections to the
Department of Correction Adult Probation to serve the
remainder of his sentence.  One condition of probation was
that the appellee have no contact with the victim.

Judge: PAUL G. SUMMERS,Judge

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

STATE OF TENNESSEE, v. KENNY BONDS, 

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Jan R. Patterson            Charles W. Burson
Attorney at Law             Attorney General & Reporter 
225 West Baltimore, Suite B
Jackson, TN 38301           Kathy Morante
                            Deputy Attorney General
Tom W. Crider               450 James Robertson Parkway
District Public Defender    Nashville, TN 37243-0493
107 S. Court Square 
Trenton, TN 38382           Clayburn Peeples
(at trial and of counsel    District Attorney General
 on appeal)
                            Larry Hardister
                                     and
                            Sarah Levy
                            Asst. Dist. Attorneys General
                            109 E. First Street
                            Trenton, TN 38382

First Paragraph:

The appellant, Kenny Bonds, was convicted of aggravated
assault.  He was sentenced to six years confinement.  He
raises three issues on appeal challenging:  (1)  the
sufficiency of the evidence, (2)  the sentence, and (3) the
trial judge's exercise of his duty as thirteenth juror.  We
affirm.

Judge: PAUL G. SUMMERS,Judge

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

STATE OF TENNESSEE, v. GEORGE CAMPBELL, JR.,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Brett Stein                     Charles W. Burson
Attorney at Law                 Attorney General & Reporter
100 North Main Building         450 James Robertson Parkway
Memphis, TN 38103               Nashville, TN 37243-0493

Wayne Chastain                  Eugene J. Honea
Attorney at Law                 Assistant Attorney General
66 Monroe Avenue, Suite 804     450 James Robertson Parkway
Memphis, TN 38103               Nashville, TN 37243-0493

                                John W. Pierotti
                                District Attorney General
                                201 Poplar Avenue, Third Floor
                                Memphis, TN 38103

                                Thomas D. Henderson
                                Asst. District Attorney General
                                201 Poplar Avenue, Third Floor
                                Memphis, TN 38103
                    
First Paragraph:

The appellant, George Campbell, Jr. (Campbell), was
convicted of felony murder and aggravated assault by a jury
of his peers.  The jury sentenced the appellant to
confinement for life in the Department of Correction for the
felony murder.  The trial court found that the appellant was
a multiple offender and imposed a Range II sentence of
confinement for ten (10) years in the Department of
Correction.  The trial court ordered that the two sentences
be served consecutively.

Judge: Joe B. Jones, Judge      

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

STATE OF TENNESSEE, v. BARBARA COPELAND,

Court:TCCA

For the Appellee:       For the Appellant:

C. Philip Owens         Charles W. Burson
Attorney at Law         Attorney General and Reporter
380 East Main Street    
Newport, TN  37821      Michael J. Fahey, II
                        Assistant Attorney General                          
                        Criminal Justice Division
                        450 James Robertson Parkway
                        Nashville, TN 37243-0493                
                        
                        Alfred C. Schmutzer, Jr.
                        District Attorney General

                        O. Duane Slone
                        Asst. District Attorney General
                        125 Court Avenue, Suite 301E
                        Sevierville, TN  37862
                   
First Paragraph:

This is an appeal by the State of Tennessee pursuant to Rule
3(c) of the Tennessee Rules of Appellate Procedure.   On
November 29, 1993, the appellee, Barbara Copeland, filed a
motion to suppress all evidence seized pursuant to a search
warrant issued and executed for her residence on December
12, 1992.  The Cocke County Circuit Court found that the
search warrant was fatally defective because the allegations
in the affidavit were insufficient to justify the issuance
of the warrant.  Accordingly,  the trial court granted the
motion to suppress.  The State appeals the order of the
trial court suppressing the evidence seized from the
appellee's residence.  After a review of the record and the
applicable law, we affirm the judgment of the trial court.

Judge: David G. Hayes Judge

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

DAVID ANDREW HARVEY,v. STATE OF TENNESSEE,      

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

David Andrew Harvey         Charles W. Burson
Pro Se                      Attorney General and Reporter
Carter County Work Camp     450 James Robertson Parkway
Caller #1                   Nashville, Tennessee 37243-0493
Roan Mountain, TN 37687
                            Eugene J. Honea
                            Assistant Atty. Gen. & Reporter
                            450 James Robertson Parkway
                            Nashville, Tennessee 37243-0493

                            David E. Crockett
                            District Attorney General
                            Route 19, Box 99
                            Johnson City, Tennessee 37601
                        
First Paragraph:

The appellant, David Andrew Harvey, appeals as of right from
the dismissal by the Carter County Criminal Court of his
petition for a writ of habeas corpus. Upon entering pleas of
guilty in November 1991, the appellant was convicted of
second degree murder and especially aggravated robbery.

Judge: William M. Barker, Judge

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

STATE OF TENNESSEE, v. SHINNY L. LEVERETT,

Court:TCCA

FOR THE APPELLANT:      FOR THE APPELLEE:

A C Wharton, Jr.        Charles W. Burson
Shelby County PD        Attorney General & Reporter 

Walker Gwinn            William David Bridgers
Assistant PD            Assistant Attorney General
201 Poplar, Suite 201   Criminal Justice Division
Memphis, TN 38103       450 James Robertson Parkway
                        Nashville, TN 37243-0493
At Trial:
Samuel L. Perkins       John W. Pierotti
Assistant PD            District Attorney General
201 Poplar, Suite 201   
Memphis, TN 38103       James C. Beasley, Jr.
                        Asst. Dist. Attorney General (former)
                        201 Poplar, Third Floor
                        Memphis, TN 38103

First Paragraph:

The appellant, Shinny L. Leverett, was convicted by a jury
of first degree murder and conspiracy to commit first degree
murder.  He was sentenced, concurrently, to life on the
murder conviction and 15 years for conspiracy.  His sole
issue on appeal is controlled by the Tennessee Rules of
Evidence.  He questions whether the trial judge abused his
discretion in finding that a statement made to a
psychologist by a non-testifying codefendant was not within
the ambit of either the 803(4) or 804(b)(3) exceptions to
the rule against hearsay.  We affirm the trial judge's
decision.

Judge: PAUL G. SUMMERS,Judge

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

STATE OF TENNESSEE, v.JOSHUA MCCRAY,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

EDWARD C. MILLER            CHARLES W. BURSON
Public Defender             Attorney General and Reporter
Fourth Judicial District
P.O. Box 416                ELIZABETH T. RYAN
Dandridge, TN 37725         Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            AL SCHMUTZER, JR.
                            District Attorney General

                            JAMES GASS
                            Asst District Attorney General
                         
First Paragraph:

This is a direct appeal pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure.  The Defendant was convicted
by a jury of aggravated robbery.  He appeals his conviction.
 We affirm the judgment of the trial court.

Judge: DAVID H. WELLES, JUDGE

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

HUGH MELSON,v. STATE OF TENNESSEE,  

Court:TCCA

For the Appellant:      For the Appellee:

Donald E. Dawson        Charles W. Burson
First American Bldg,    Attorney General of Tennessee
315 Deaderick Street    and
Nashville, TN 37219     Gordon W. Smith  
                        Deputy Attorney General of Tennessee
Kenneth H. King, Jr.    450 James Robertson Parkway
414 Union Street        Nashville, TN 37243-0493
P.O. Box 198062
Nashville, TN 37219     James G. (Jerry) Woodall
                        District Attorney General   
                        State Office Building
                        P.O. Box 2825     
                        Jackson, TN 38302-2825
                        and
                        Gordon W. Smith
                        Deputy Attorney General
                        450 James Robertson Parkway
                        Nashville, TN 37243-0485
                       
First Paragraph:

The petitioner, Hugh Melson, appeals as of right from the
Madison County Circuit Courts dismissal of his second
petition for post-conviction relief without an evidentiary
hearing.  The petitioner raises the following issues on
appeal: (1) the conduct of the court evidences a
predisposition to dismiss the amended petition without a
full and fair consideration of its merits; (2) the trial
court applied an erroneous standard of waiver in dismissing
fourteen (14) of the petitioners claims; (3) the trial
court violated the petitioners constitutional rights in
dismissing fourteen (14) of the petitioners claims as being
previously determined; (4) the trial court erred in
dismissing the claims based on the principles enunciated in
Brown; (5) the evidence was insufficient to warrant the
trial courts original charge concerning aggravating
circumstances and the jurys subsequent imposition of the
death penalty based upon the application of these
circumstances; (6) the heinous, atrocious or cruel
aggravating circumstance was unconstitutionally vague; and
(7) the petitioners constitutional rights were violated
when he was denied funds for expert investigative services.

Judge: Joseph M. Tipton Judge

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

STATE OF TENNESSEE, v. THOMAS EDWARD MURPHY, JR., 

Court:TCCA

For Appellant:              For Appellee:
Shana C. McCoy              Charles W. Burson
Assistant Public Defender   Attorney General and Reporter
P.O. Box 700                450 James Robertson Parkway
Somerville, TN  38068       Nashville, TN  37243-0493
(on appeal and at trial)
                            Darian B. Taylor
Julie K. Pillow             Assistant Attorney General
Asst. Public Defender       Criminal Justice Division
P.O. Box 700                450 James Robertson Parkway
Somerville, TN  38068       Nashville, TN  37243-0493
(at trial)
                            James Walter Freeland &
                            Chris Marshburn
                            Asst District Attorneys General
                            302 Market Street
                            Somerville, TN  38068        
                         
First Paragraph:

The defendant, Thomas E. Murphy, Jr.,  was convicted of the
second degree murder of his daughter, Latashia Murphy.  The
trial court imposed an eighteen-year sentence.  In addition
to his challenge to the sufficiency of the evidence, the
defendant submits the following issues for review: (1) 
whether the trial court erred by refusing to grant a
mistrial because of the jurys exposure to a newspaper
article published on the first day of the trial; (2) 
whether the trial court erred by refusing to grant a
mistrial due to a reference to a prior arrest of the
defendant; and (3)  whether the sentence was excessive.

Judge: GARY R. WADE, JUDGE

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

STATE OF TENNESSEE, v. JOSEPH L. POWERS,    

Court:TCCA

FOR THE APPELLANT:      FOR THE APPELLEE:

Randall B. Tolley       Charles W. Burson
Attorney at Law         Attorney General & Reporter 
242 Poplar Avenue
Memphis, TN 38103       Mark H. Chen
                        Assistant Attorney General
Wayne Emmons            Civil Rights & Claims Division
Attorney at Law         404 James Robertson Parkway 
763 Brookhaven Circle   Suite 2000
Memphis, TN 38117       Nashville, TN 37243-0488
    
                        John W. Pierotti
                        District Attorney General

                        James C. Beasley, Jr.
                        Asst. Dist. Attorney General 
                        201 Poplar Avenue
                        Memphis, TN 38103  

First Paragraph:

The appellant, Joseph L. Powers, pled guilty to vehicular
homicide.  He was sentenced to six years confinement.  He
now appeals and presents the following issues for this Court
to review: (1)  whether the trial court failed to consider
mitigating factors, (2)  whether the trial court erred in
denying probation or alternative sentencing, and (3) 
whether his sentence was excessive.

Judge: PAUL R. SUMMERS,Special Judge

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

LARRY DARNELL RUSSELL,v. STATE OF TENNESSEE,    

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

JULIE K. PILLOW             CHARLES W. BURSON
Assistant Public Defender   Attorney General and Reporter
P.O. Box 700
Somerville, TN 38068        MICHAEL J. FAHEY, II
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0943

                            ELIZABETH RICE
                            District Attorney General

                            WALT FREELAND
                            Assistant District Attorney General
                            302 Market Street
                            Somerville, TN 38068

First Paragraph:

ORDER
This is an appeal pursuant to Rule 3 of the Tennessee Rules
of Appellate Procedure.  The Petitioner applied for a writ
of habeas corpus in order to test the legality of his arrest
on a governors extradition warrant.  After conducting an
evidentiary hearing, the trial court dismissed the petition
for a writ of habeas corpus.  It is from this dismissal that
the Petitioner appeals.  We affirm the judgment of the trial
court.

Judge: DAVID H. WELLES, JUDGE

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

TOMMIE L. STANTON,  v. STATE OF TENNESSEE,  

Court:TCCA

FOR THE APPELLANT:      FOR THE APPELLEE:

Mark L. Pittman         Charles W. Burson
Attorney at Law         Attorney General & Reporter 
295 Washington #2
Memphis, TN 38103       Robin L. Harris
                        Assistant Attorney General
                        450 James Robertson Parkway
                        Nashville, TN 37243-0493

                        John W. Pierotti
                        District Attorney General

                        J. Robert Carter, Jr.
                        Asst. Dist. Attorney General
                        Criminal Justice Complex
                        201 Poplar, Third Floor
                        Memphis, TN 38103 

First Paragraph:

A jury convicted the appellant, Tommie L. Stanton, of
second-degree murder.  He was sentenced as a Range II
multiple offender to thirty years incarceration.  This Court
affirmed on appeal.  He filed for post-conviction relief
alleging ineffective assistance of counsel.  The trial court
conducted a full evidentiary hearing and denied relief. 
Appellant appeals and we affirm.

Judge: PAUL R. SUMMERS, Special Judge

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

STATE OF TENNESSEE, v. ROY VANCE,

Court:TCCA

FOR THE APPELLANT:      FOR THE APPELLEE:

R.O. SMITH              CHARLES W. BURSON
P.O. BOX 366            Attorney General and Reporter
ERWIN, TN 37650         
                        EUGENE J. HONEA
                        Assistant Attorney General
                        450 James Robertson Parkway
                        Nashville, TN 37243-0493

                        DAVID CROCKETT
                        District Attorney General

                        KENT GARLAND
                        Assistant District Attorney General
                        Courthouse
                        Erwin, TN 37650
                      
First Paragraph:

The Defendant, Roy Vance, brings this appeal as of right
pursuant to Rule 3 of the Tennessee Rules of Appellate
Procedure.  He was convicted by jury verdict of aggravated
burglary and sentenced as a Range II multiple offender to
serve ten years in confinement.  The Defendant appeals his
conviction and sentence.  We affirm the judgment of the
trial court.

Judge: DAVID H. WELLES, JUDGE

URL:http://www.tba.org/tba_files/TCCA/VANCER.OPN.WP6

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