TBALink Opinion-Flash

July 25, 1996 -- Volume #2 -- Number #67

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 00-New Opinons From TSC-Workers Comp Panel 01-New Opinons From TCA 05-New Opinons From TCCA: 00-New Opinons From TSC; 00-New Opinons From TSC-Rules; 00-New Opinons From TSC-Workers Comp Panel; 01-New Opinons From TCA; 05-New Opinons From TCCA

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TBALink Chief Editor


RAY OWEN ALSUP, v. JUDITH VANHOOK ALSUP,

Court:TCA

B. KEITH WILLIAMS
Lebanon, Tennessee
Attorney for Plaintiff/Appellant

SHARON LINVILLE
Hartsville, Tennessee
Attorney for Defendant/Appellee
                         
First Paragraph:

This is a divorce case.  The trial court awarded an absolute divorce
to Judy Alsup (Wife) and divided the marital assets.  Ray Alsup
(Husband) has appealed and raised the following issues for our
consideration: (1) whether the trial court erred in failing to
include the goodwill value of the parties business; (2) whether the
trial court erred in excluding an expert witness testimony relating
to the value of the business; and (3) whether the trial court erred
in failing to credit Husbands portion of the marital estate with the
value of certain equipment that was allegedly located on the premises
of the business.  For the reasons stated below, we affirm the
judgment of the trial court.

Judge: ALAN E. HIGHERS, J.

URL:http://www.tba.org/tba_files/TCA/ALSUPRO.OPN.WP6


STATE OF TENNESSEE, v. STEPHEN JOHN ABBOTT,

Court:TCCA

ATTORNEYS: N/A                          

First Paragraph:

This matter is before the Court upon the state's application for an
interlocutory appeal pursuant to T.R.A.P. 9.  Specifically, the state
challenges the trial court's appointment of counsel after an outside
party retained counsel on behalf of the indigent defendant.  The
defendant opposes the application and requests that this Court either
remand the matter to the trial court to supplement the record, allow
supplementation of the record with an attached affidavit, suspend the
Rules and allow defense counsel to testify in this Court, or dismiss
the states appeal.

Judge: JERRY L. SMITH, JUDGE

URL:http://www.tba.org/tba_files/TCCA/ABBOTT.ORD.WP6


STATE OF TENNESSEE, v. BRENT ALLEN BLYE,
        
Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Greg Lauderback                 Charles W. Burson
434 Shelby Street               Attorney General and Reporter
P.O. Box 976                    450 James Robertson Parkway
Kingsport, Tennessee 37660      Nashville, Tennessee 37243-0493

                                Elizabeth T. Ryan
                                Assistant Atty. Gen. & Reporter
                                450 James Robertson Parkway
                                Nashville, Tennessee 37243-0493

                                H. Greeley Wells, Jr.
                                District Attorney General

                                David Overbay
                                Assistant District Attorney General
                                P.O. Box 526                                        
                                Blountville, Tennessee 37617-0526
                         
First Paragraph:

The appellant, Brent Allen Blye, appeals as of right from the
judgment of the Criminal Court of Sullivan County.  The appellant was
found guilty by a jury of possession of over 0.5 grams of cocaine
with the intent to sell, and evading arrest.  The jury affixed fines
of $50,000 for the conviction of possession of cocaine and $2,500 for
the evading arrest conviction.  The trial court ordered the appellant
to serve concurrent sentences of ten (10) years for the drug
conviction and eleven (11) months and twenty-nine (29) days for the
evading arrest conviction.

Judge: William M. Barker, Judge

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


STATE OF TENNESSEE, v. VENICE GLOVER COLLINS,

Court:TCCA

FOR THE APPELLANT:               FOR THE APPELLEE:


GREG EICHLEMAN                  CHARLES W. BURSON
Public Defender                 Attorney General & Reporter

JOYCE M. WARD                   DARIAN B. TAYLOR
Asst. Public Defender           Asst. Attorney General
1609 College Park Dr.           450 James Robertson Pkwy.
Morristown, TN   37813          Nashville, TN  37243-0493
                
                                C. BERKELEY BELL
                                District Attorney General

                                FLOYD W. RHEA
                                Asst. District Attorney General
                                North Court St.         
                                Sneedville, TN   37869
                             
First Paragraph:

The defendant was indicted for knowingly possessing marijuana while
in a penal institution, in violation of T.C.A.  39-16-201(a)(2).  He
was found guilty by a jury of the same offense.  The defendant now
appeals as of right contending that the trial court erred when it
denied his pretrial motion to suppress his confession and that the
statute under which he was indicted was not violated because the
contraband was never within an area of the jail where prisoners are
quartered or under custodial supervision.  The defendant also
challenges the sufficiency of the evidence.  After a review of the
record, we affirm the judgment below.

Judge: JOHN H. PEAY, Judge

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


DWAYNE ROGERS,v. STATE OF TENNESSEE,        

Court:TCCA

For the Appellant:      For the Appellee:

William B. McKenzie     Charles W. Burson
Attorney at Law         Attorney General and Reporter
Post Office Box 754 
Decatur, TN  37322      Hunt S. Brown
                        Assistant Attorney General                          
                        Criminal Justice Division
                        450 James Robertson Parkway
                        Nashville, TN 37243-0493                
                        
                        William H. Cox III
                        District Attorney General

                        Thomas J. Evans
                        Asst. District Attorney General
                        600 Market Street, Suite 300
                        Chattanooga, TN 37402
                          
First Paragraph:

The appellant, Dwayne Rogers, appeals as of right from the order of
the Criminal Court of Hamilton County dismissing his pro se petition
for post conviction relief.  The appellant contends that the trial
court should have granted an evidentiary hearing as to whether he
received effective assistance of counsel at the trial court level.
The State concedes that this cause should be remanded in order for
the appellant to submit an amended petition with the assistance of
appointed counsel.  We agree.

Judge: David G. Hayes Judge

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


STATE OF TENNESSEE, v. HOLLIS RAY WILLIAMS,

Court:TCCA

FOR THE APPELLANT:           FOR THE APPELLEE:  

Charles I. Poole             Charles W. Burson
133 Commerce                 Attorney General & Reporter
Sevierville, TN 37862
                             Christina S Shevalier
                             Assistant Attorney General
                             Criminal Justice Division
                             450 James Robertson Parkway
                             Nashville, TN 37243-0493

                             Al Schmutzer, Jr.
                             District Attorney General

                             Steven Hawkins
                             Asst Dist. Attorney General
                             Sevier County Courthouse
                             Sevierville, TN 37862
                        
First Paragraph:

Appellant was convicted by a jury of the crime of vehicular homicide
by reason of operation of a motor vehicle while intoxicated,
vehicular homicide by reckless operation of a motor vehicle and
driving under the influence of an intoxicant. The latter two verdicts
were merged by the trial court into the more serious offense of
vehicular homicide by reason of operation of a motor vehicle while
intoxicated.  He was sentenced to six (6) years in the Department of
Corrections.  Much aggrieved, he appeals to this Court assigning four
questions for review.  Two of these questions concern the jury
instructions.  Since one of these amounts to reversible error, we
will confine our examination to the jury instructions.

Judge: Robert E. Burch Special Judge

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

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