TBALink 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:

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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George Dean
TBALink Chief Editor

ALI AGHA BATEBI,  v. PATRICK WAYNE CLARK and THE KRYSTAL COMPANY,   

Court:TCA

For the Plaintiff/Appellee:     For the Defendants/Appellants:

Joseph Michael Cook             B. J. Wade 
Memphis, Tennessee              Lori Keen
                                Memphis, Tennessee
                    

Judge: HOLLY KIRBY LILLARD

First Paragraph:

In this case, the defendant, The Krystal Company (Krystal), appeals a
jury verdict holding it liable for personal injuries received by the
plaintiff, Ali Agha Batebi (Batebi), from a criminal assault by a
third party while on Krystal's property.  We affirm.

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


STATE OF TENNESSEE, v. PRISCILLA ANN BLAKEMORE, 

Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:


DAVID DOYLE                         CHARLES W. BURSON
District Public Defender            Attorney General & Reporter

PAMELA E. BECK                      MICHELLE L. LEHMANN
Asst. Public Defender               Asst. Attorney General
117 East Main Street                450 James Robertson Pkwy.
Gallatin, TN 37066                  Nashville, TN  37243-0493

M. ALLEN EHMLING                    LAWRENCE RAY WHITLEY
McClellan, Powers, Ehmling & Dix    District Attorney General
116 Public Square
Gallatin, TN 37066                  DEE D. GAY
                                    Asst. District Attorney General
                                    Cordell Hull Bldg.
                                    113 West Main Street
                                    Gallatin, TN 37066

Judge: JOHN H. PEAY

First Paragraph:

This appeal represents three consolidated cases.  The defendant pled
guilty to three counts of forgery, one count of theft over one
thousand dollars ($1000), two counts of passing a forged check, and
one count of passing a worthless check.  For each count of forgery and
passing a forged check, the trial court sentenced the defendant to
three years in the Department of Correction as a Range II multiple
offender.  For the theft offense, the trial court sentenced her to
three years in the Department of Correction as a Range I standard
offender.  For passing a worthless check, the trial court sentenced
her to eleven months and twenty-nine days at seventy-five percent
(75%) to be served in the Sumner County jail.  

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


STATE OF TENNESSEE, v. PHILLIP CRAIG MANGRUM,

Court:TCCA

For the Appellant:          For the Appellee:

James M. Hunter             Charles W. Burson
Hunter & Hunter             Attorney General and Reporter
182 West Franklin Street    
Gallatin, TN 37066          Sarah M. Branch
                            Assistant Attorney General                          
                            Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493                
                        
                            Lawrence Ray Whitley
                            District Attorney General

                            Mr. Dee Gay
                            Asst. District Attorney General
                            113 East Main Street
                            Gallatin, TN 37066
                         
Judge: David G. Hayes

First Paragraph:

The appellant, Phillip Mangrum, pled guilty in the Criminal Court of
Sumner County to aggravated burglary, a class C felony.  Tenn. Code
Ann.  39-14-403 (1991).  The trial court sentenced the appellant as a
multiple offender within range II to eight years incarceration in the
Department of Correction.  The appellant appeals from this sentence,
contending, in essence, that (1) the appellants status as a multiple
offender is not supported by the record; (2) the States notice of
enhanced sentencing was inadequate under the Sentencing Act and Tenn.
R. Crim. P. 12.3; and (2) his sentence is excessive.

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


STATE OF TENNESSEE, v. PHILLIP FRANKLIN MOORE,  

Court:TCCA

For the Appellant:           For the Appellee:

JOHN DICKEY                 CHARLES W. BURSON
Public Defender             Attorney General and Reporter
                          
CURTIS H. GANN              CECIL H. ROSS
Asst. Public Defender       Asst. Attorney General
P.O. Box 1119               450 James Robertson Pkwy.             
Fayetteville, TN   37334    Nashville, TN  37243-0493
        (On Appeal)             
 
                           
Judge: REX HENRY OGLE, 

First Paragraph:

The defendant, Phillip Franklin Moore, was indicted on six counts each
of rape of a child, aggravated rape, and incest.  After a jury trial
on the six counts of aggravated rape, he was convicted of all six
counts. The trial court imposed an effective sentence of forty-five
years.

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


STATE OF TENNESSEE, v. MAYNARD MORRIS,   

Court:TCCA

FOR THE APPELLEE:           FOR THE APPELLANT:

Ardena J. Garth             Charles W. Burson
District Public Defender    Attorney General & Reporter 
                   
Donna Miller                Michael J. Fahey, II
Asst. Public Defender       Assistant Attorney General
Cherry Street               Criminal Justice Division
Chattanooga, TN             James Robertson Parkway
                            Nashville, TN 37243-0493
Karla G. Goddard
Asst. Public Defender       William H. Cox III
Cherry Street               District Attorney General
Chattanooga, TN  37402
(at trial)                  Bates W. Bryan, Jr.
                            Asst. Dist. Attorney General
                            Hamilton Co.- Chattanooga Courts Bldg.
                            Chattanooga, TN   37402
                        
Judge: PAUL G. SUMMERS,

First Paragraph:

The appellee, Maynard Morris, was convicted of simple assault
following a bench trial in Hamilton County General Sessions Court.  He
appealed to the criminal court and, through appointed counsel, filed a
motion to dismiss the prosecution.  The trial judge granted the motion
finding that the arrest was illegal.  The state brings this appeal of
the trial judges finding.

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


STATE OF TENNESSEE, v. WILLIAM ODOM,    

Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:


CHARLES W. BURSON                   GUY R. DOTSON, JR.
Attorney General & Reporter         102 S. Maple St.
                                    Murfreesboro, TN   37130
CHARLOTTE H. RAPPUHN
Asst. Attorney General
450 James Robertson Pkwy.                               
Nashville, TN  37243-0493
                
WILLIAM WHITESELL
District Attorney General
Judicial Bldg., Ste. 303
Murfreesboro, TN   37130
                       
Judge: JOHN H. PEAY,

First Paragraph:

The defendant was indicted in Rutherford County, Tennessee, for theft
over ten thousand dollars ($10,000).  The case was dismissed by the
trial judge for lack of jurisdiction.  The State now appeals as of
right.  We affirm the lower court.

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

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