TBALink Opinion-Flash

August 21, 1996 -- Volume #2 -- Number #76

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.

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00-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
23-New Opinons From TCA
06-New Opinons From TCCA

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George Dean
TBALink Chief Editor


NANCY ANDERSON  v. DAVID ANDERSON,

Court:TCA

R. EDDIE DAVIDSON                   JOHN R. CALLCOTT
Washington Square Two, Ste. 417     Nimmo, Hocha, Kirt & Partin
222 Second Ave. N.                  First American Ctr, Ste. 0100
Nashville, TN  37201                315 Deaderick St.       
Attorney for Appellant              Nashville, TN  37238
                                    Attorney for Appellee
  
Judge: ALAN E. HIGHERS

First Paragraph:

The issue in this case is whether the child-support obligation of the
father, appellee herein, should have been reduced as he sought.  We do
not believe so and therefore reverse and remand.

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

ZOLTAN BOKOR,v. WILLIAM BRUCE and BRUCE, WEATHERS, ET. AL., 

Court:TCA

DAVID H. KING
KING, TURNBOW & BRISBY
203 Third Avenue South
Franklin, TN 37064
Attorney for Plaintiff/Appellant

WINSTON S. EVANS
EVANS, JONES & REYNOLDS
1810 First Union Tower
150 Fourth Avenue, North
Nashville, TN 37219-2424
Attorney for Defendants/Appellees

Judge: WILLIAM H. INMAN

First Paragraph:

This action for damages alleging malpractice by the defendant law firm
was dismissed on motion for summary judgment.  We agree that the
one-year statute of limitations, Tenn. Code Ann.  28-3-104, bars the
action.

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

BRIGHT HOPE UNITED METHODIST CHURCH, v. ROBERT SMALL, M.D.,

Court:TCA

JOHN O. THREADGILL, Knoxville, for Appellant.

EARL S. AILOR and J. ARTHUR GARRISON, Knoxville, for Appellee.
                          
Judge: McMurray, J.

First Paragraph:

This appeal arises from an alleged breach of a real estate contract
between a church and a physician.  The Knox County Chancery Court
found in favor of the church, and awarded a judgment for earnest
money, interest and attorneys fees on a promissory note used to
secure the earnest money.  No damages were awarded on the real estate
contract.  Both Dr. Robert Small and the church have appealed.  

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

MARY FITZGERALD BROOME (GRAY) v. BRADLEY J. BROOME

Court:TCA

BARBARA L. BROERSMA OF CHATTANOOGA FOR APPELLANT

ANDREW BERKE OF CHATTANOOGA FOR APPELLEE
                          
Judge: Goddard, P.J. 

First Paragraph:

Mary Fitzgerald Broome (Gray) appeals a decree of the Circuit Court
for Hamilton County which she contends did not sufficiently increase a
previous child support award because the Court improperly failed to
consider either capital gains income or an inheritance which Mr.
Broome received from his mother.

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

SHERRY BROWN, as next friend and natural mother of her minor children,
AMANDA DANETTE MCMULLIN and ADAM WAYNE MCMULLIN,
v.
DORRIS MCMULLIN, LARRY MCMULLIN, HELEN MCMULLIN and THE ESTATE OF
EUGENE

Court:TCA

J. DANIEL FREEMON                   JANE M. JENNINGS
Freemon, Hillhouse & Huddleston     Hairell & Jennings
327 W. Gaines St.                   P.O. Drawer N.
P.O. Box 787                        200 Mahr Ave.       
Lawrenceburg, TN  38464             Lawrenceburg, TN  38464
Attorney for Appellants             Attorney for Appellee
                         
Judge: ALAN E. HIGHERS, JUDGE

First Paragraph:

The proceeds of a policy of insurance on the life of Donnie McMullin
were paid to his mother, Edith McMullin, the named beneficiary, who,
jointly with her husband, Eugene McMullin, deposited these funds in a
trust account, having first executed a Discretionary Revocable Joint
Trustee Agreement which designated them as joint trustees of the funds
for their grandchildren, Amanda and Adam McMullin (children of their
son, Donnie McMullin, the insured decedent) as beneficiaries.  Edith
and Eugene McMullin had two other sons, Larry and Dorris McMullin.

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

DONALD SHERMAN BRYANT,  v. JACK T. BAUGUSS, JR.,

Court:TCA

KEVIN W. SHEPHERD, Maryville, for Appellant

STEPHEN C. DAVES of ONEIL, PARKER & WILLIAMSON, Knoxville, for
Appellee
                         
Judge: Susano, J.

First Paragraph:

This is a malpractice action brought against a dentist who specializes
in periodontics.  The plaintiff, Donald Sherman Bryant, alleges that
the defendant, Dr. Jack T. Bauguss, Jr., committed malpractice when he
used an improper, but otherwise unidentified, surgical instrument in
performing oral surgery on him.  He claims that a portion of his face
is permanently numb as a result of the malpractice.  He also alleges
that Dr. Bauguss failed to fully inform him of the risks attendant to
the surgery.  Dr. Bauguss filed a motion for summary judgment
supported by his affidavit in which he denied any deviation from the
recognized standard of acceptable professional practice.  

URL:http://www.tba.org/tba_files/TCA/BRYANTDS.OP.WP6
Opinion-Flash

SHANNON BURKS and WYLODINE ROBERSON,                      
v.
CALVIN GOBBLE,

Court:TCA

PAUL B. PLANT
P.O. Box 399
Lawrenceburg, Tennessee 38464 
ATTORNEY FOR PLAINTIFFS/APPELLEES,

RANDY HILLHOUSE
P.O. Box 787
Lawrenceburg, Tennessee 38464
ATTORNEY FOR DEFENDANT/APPELLANT
                          
Judge: HENRY F. TODD

First Paragraph:

The Defendant, Calvin Gobble, has appealed from the judgment of the
Trial Court establishing the boundary between the land of Defendant
and that of Plaintiff, awarding Plaintiff $1,000 damages, and
enjoining Defendant, his family and employees from trespassing upon
Plaintiffs land or threatening or harassing Plaintiff or his family.

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

CHATTANOOGA FIREMENS AND POLICEMENS INSURANCE AND PENSION FUND,
v.
CITY OF CHATTANOOGA,        

Court:TCA

ARVIN H. REINGOLD, Chattanooga, for Plaintiff-Appellant.

MICHAEL A. McMAHAN, Chattanooga, for Defendant-Appellee.                       

Judge: Franks. J.

First Paragraph:

In this action plaintiff sought a declaration that defendant
wrongfully withheld $16,598.67 from the monies appropriated by
defendant for plaintiff in fiscal 1993.

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

CONE OIL CO., INC.,         
v.
WILLIAMSON COUNTY REGIONAL PLANNING COMMISSION,     

Court:TCA

THOMAS V. WHITE
TUNE, ENTREKIN & WHITE, P.C.
21st Floor
315 Deaderick Street
Nashville, Tennessee 37219
Attorney for Appellant

JAMES D. PETERSEN
PETERSEN, BUERGER, MOSELEY & CARSON
306 Court Square
Franklin, Tennessee 37064
Attorney for Appellee
                        
Judge: WILLIAM H. INMAN, SENIOR JUDGE

First Paragraph:

The Williamson County Regional Planning Commission [WCRPC] initially
heard the application of Cone Oil, Inc. [Cone] on January 12, 1995
for a conditional use permit to expand an existing refueling station
at the Goose Creek exit, Interstate 65.  The station was previously
owned and operated by Stuckeys; Cone intended to add a new fueling
facility.

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

MELINDA H. SCOTT DAILEY and husband, THOMAS DAILEY,
v.
LOIS J. BATEMAN and husband, RICKY BATEMAN, and CITY OF McKENZIE,

Court:TCA

W. Gary Blackburn,
BLACKBURN, SLOBEY, FREEMAN & HAPPELL, Nashville, Tennessee 
Attorney for Defendant/Appellant, City of McKenzie.

Charles L. Hickes, Camden, Tennessee
Attorney for Plaintiffs/Appellees.
                        
Judge: FARMER, J.

First Paragraph:

Melinda H. Scott Dailey and husband, Thomas Dailey (the Daileys or
Plaintiffs) sued the City of McKenzie (the City or Defendant)
under the GTLA, T.C.A.  29-20-101-407 (1980 & Supp. 1995) for
damages arising from an automobile accident that occurred within the
City.  Plaintiffs also sued Lois J. Bateman and Ricky Bateman.  Ms.
Bateman made claim against the City for property damage.

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

EQUITEC REAL ESTATE INVESTORS FUND XII, 
v.
POPLAR PIKE, INC., (a/k/a WINCOR, INC.), JOHN E. GOODWIN and CHARLES
EUGENE GOODWIN,

Court:TCA

Jerome A. Broadhurst, Harkavy, Shainberg, Kosten & Pinstein
of Memphis, For Plaintiff-Appellee

Donald W. Pemberton of Memphis for Defendants-Appellants
                    
Judge: W. FRANK CRAWFORD,

First Paragraph:

This appeal involves a suit seeking damages based upon a lease
agreement and a guaranty of that lease agreement.  Defendants, Poplar
Pike, Inc., and Charles Eugene Goodwin, appeal from the judgment of
the chancery court awarding  money damages against them to plaintiff
Equitec Real Estate Investment Fund XII (Equitec).      The lease
agreement in question is dated January 23, 1988, and on its face is
between Equitec Investors Fund, XII, lessor, and Poplar Pike, Inc.,
lessee.  The ultimate question in this appeal is whether the named
lessee, Poplar Pike, Inc., is the Delaware corporation, Poplar Pike,
Inc., or a Tennessee corporation chartered as Poplar Pike Co., Inc. 
On January 23, 1988, Equitec and Poplar Pike also executed a letter
agreement as a part of the lease agreement.  

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

DON GIBSON, v. JIM CLEMENTS,  

Court:TCA

JOHN M. NEAL, Knoxville and JERRY GALYON, Sevierville, for appellant.

TIMOTHY W. JONES, Kite & Jones, Sevierville, for appellee.
                         
Judge: McMurray, J.

First Paragraph:

This case stems from a contract whereby the plaintiff sold a going
business known as "The Mountain Man" to the defendant.  The purchase
price was financed by the plaintiff seller.  The plaintiff retained a
security interest in the assets of the business as security for
payment.  The plaintiff, fearing that the defendant was liquidating
the merchandise, obtained a writ of attachment and sued for all
amounts due under the contract.  The defendant filed an answer wherein
he denied the underlying facts upon which the attachment was issued
and filed a counterclaim wherein he sought rescission of the contract
based upon misrepresentation, damages for loss of income, loss of
business, trouble [sic] damages, attorney's fees and costs as provided
by T.C.A.  47-18-104, the "Tennessee Consumer Protection Act of
1977."  

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

GENEVA GRAHL, v.  GREGORY SCOTT JUDKINS and JEFFREY TODD JUDKINS,           )

Court:TCA

NORMAN H. NEWTON and DUNCAN V. CRAWFORD, Crawford, Crawford & Newton,
Maryville, for appellants.

DAVID R. DUGGAN and J. MICHAEL GARNER, Maryville, for Appellee.

Judge:McMurray, J.

First Paragraph:

The parties are the heirs of Ms. Lillie Davis.  The controversy in
this action arises from the action of the trial court in approving a
final accounting by the appellee, Geneva Grahl, in her capacity as
conservator of the estate and person of Ms. Davis, now  deceased.

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

LINDA GRANTHAM and WILBURN GRANTHAM,
v.
JACKSON-MADISON COUNTY GENERAL HOSPITAL DISTRICT,   

Court:TCA

Jerry D. Kizer, Jr.,
Dale Conder, Jr.
RAINEY, KIZER, BUTLER, REVIERE & BELL, P.L.C., Jackson, Tennessee
Attorney for Defendant/Appellant.

James T. Sanderson,
William G. Hatton,
JAMES T. "JIM" SANDERSON & ASSOCIATES, P.C., Bolivar, Tennessee
Attorneys for Plaintiffs/Appellees.
                        
Judge: FARMER, J.

First Paragraph:

In this case, Defendant-Appellant, Jackson-Madison County General
Hospital District, (Hospital District or Defendant) appeals the
trial courts judgment granting the Motion to Amend Complaint filed by
Plaintiffs-Appellees, Linda and Wilburn Grantham (Granthams or
Plaintiffs).

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

LESA HAGER and BONNIE LENTS,v. J. ARNOLD FITZGERALD,        

Court:TCA

NATHAN E. BROOKS, Chattanooga, for Appellants.

W.B. LUTHER, and SHANE USARY, Chattanooga, for Appellee.
                          
Judge: Franks. J.

First Paragraph:

Plaintiffs brought this action against their attorney, alleging that
he was guilty of fraud, outrageous conduct, legal malpractice, and
breach of fiduciary duty in purchasing the proceeds of the structured
settlements entered by the plaintiffs.

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

ACHSA HORNE,v. FRANK WARMATH and wife, THERESA WARMATH,

Court:TCA

H. MAX SPEIGHT
Martin, Tennessee
Attorney for Plaintiff/Appellant

MARK F. GALLIEN
MARK F. GALLIEN, P.C.
Martin, Tennessee
Attorney for Defendants/Appellees
                      
Judge: ALAN E. HIGHERS, J.

First Paragraph:

In this boundary line dispute, the trial court held that defendants
acquired title to the subject property by adverse possession.
Plaintiff has appealed and argues that the evidence preponderates
against the trial courts determination in this regard. We find
plaintiffs contentions to be without merit; therefore, we affirm the
judgment of the trial court.

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

J. B. LORING,           
v.
NASHVILLE ELECTRIC SERVICE AND POWER BOARD OF METROPOLITAN GOVERNMENT
OF NASHVILLE, DAVIDSON COUNTY, TENNESSEE,

Court:TCA

DONALD D. HILDEBRAND                TRACY SHAW
214 Third Ave. N.                   Howell & Fisher
Nashville, TN  37201                300 James Robertson Pkwy.
Attorney for Plaintiff/Appellant    Court Square Bldg.      
                                    Nashville, TN  37201
                                    Attorney for Defendant/Appellee

Judge: WILLIAM H. INMAN

First Paragraph:

The appellant questions the granting of summary judgment on various
grounds.  We think the case was proper for a Rule 56 disposition and
therefore affirm the judgment.

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

JAMES T. MORROW and wife, DONNA J. MORROW, ET AL,
v.
BETTY BOBBITT in her capacity as County Trustee for Fayette County, 
Tennessee, and ANNE HILL,   

Court:TCA

James F. Arthur, III, Germantown, Tennessee
Attorney for Defendant/Appellant Anne Hill.

J. Payson Matthews, Somerville, Tennessee
Attorney for Defendant/Appellant Betty Bobbitt, Trustee

C. Thomas Cates, 
R. Porter Feild,
BURCH, PORTER & JOHNSON
Attorney for Plaintiffs/Appellees.
                      
Judge: FARMER, J.

First Paragraph:

In this case, Defendant-Appellant, Dr. Anne Hill (Dr. Hill or
Defendant), appeals the decision of the Chancery Court of Fayette
County, setting aside a tax deed challenged by Plaintiffs-Appellants,
James T. Morrow, Donna Morrow, John Berry Morrow, Donnie Steve Morrow,
Gerald Russell Morrow, Jr. and Tracy Ann Morrow Medley (the Morrows
or Plaintiffs).

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

OWEN LUMBER & MILLWORK, INC., 
v.
NATIONAL EQUITY CORPORATION, GREGG P. HUGGINS, MICHELLE W. HUGGINS,
NATIONAL MORTGAGE COMPANY, DELTA TITLE COMPANY, CORDOVA BANK & TRUST
COMPANY, and DAVID F. LEAKE, TRUSTEE,

Court:TCA

Albert G. McLean, McLean & Stark of Memphis
For Appellant

Alex C. Elder of Bourland, Heflin, Alvarez, Holley & Minor
of Memphis, For Appellees
                        
Judge: W. FRANK CRAWFORD

First Paragraph:

This appeal involves a suit to enforce a materialmens lien. 
Plaintiff, Owen Lumber and Millwork, Inc., appeals from the order of
the chancery court which granted defendants, Gregg P. Huggins,
Michelle W. Huggins, National Mortgage Co., and Delta Title Company,
Trustee, summary judgment, and which denied its motion for summary
judgment.

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

TINA M. PACK,           
v.
T.T. ENTERPRISES, INC. d/b/a GARY YEOMANS FORD, INC. and GARY YEOMANS
FORD/LINCOLN/ MERCURY,

Court:TCA

David A. Burkhalter, II, Knoxville, For the Appellant 

Perry P. Paine, Jr., Maryville, For the Appellee 
                    
Judge: INMAN

First Paragraph:

The plaintiff challenges the granting of a directed verdict against
her in this case.  We find that this was not a proper case for the
granting of a directed verdict and therefore reverse and remand the
case for a new trial.

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

SUSAN POWELL, v. WILLIAM D. POWELL, 

Court:TCA

Steven L. West of McKenzie
For Appellee

William D. Powell, Pro Se
                     
Judge: W. FRANK CRAWFORD

First Paragraph:

This appeal involves a dispute concerning modification of a child
custody and support decree.  The facts are as follows: In 1978,
plaintiff-appellee, Susan Powell, and defendant appellant, William D.
Powell, were married in Columbia, Missouri.  In 1983, Mr. and Mrs.
Powell moved to Los Alamos, New Mexico, where they resided together
with their three children until 1993.  In May, 1993, the parties were
divorced in the Los Alamos County First Judicial District Court.  The
final decree, entered on May 10, 1992, incorporated a Marital
Settlement Agreement and Parenting Plan, entered into by  the parties
prior to the divorce. The Marital Settlement Agreement incorporated
into the divorce decree provided that the parties would have joint
custody of the children, and Ms. Powell would have primary physical
custody of the children.  

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

JAYNE MOORE TREW (CORNWELL) v. GLEN ALLEN TREW, SR.,

Court:TCA

Donald S. Caulkins, Caulkins & Caulkins, Franklin, Tennessee for
Defendant/Appellant.

Carol L. Soloman, Nashville, Tennessee
Robert W. Rutherford, Nashville, Tennessee, 
For Plaintiff/Appellee.
                          
Judge: FARMER, J.   

First Paragraph:

Jayne Moore Trew, now Cornwell, (Mother) and Glen Allen Trew, Sr.
(Father) were divorced in 1993 by decree of the Chancery Court for
Williamson County, Tennessee.  Mother was awarded custody of the
parties two minor children and moved to South Carolina in 1994.  In
July, 1995, Father filed a petition in the Chancery Court for
Williamson County seeking to modify or change custody.

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

LARRY VAUGHAN and wife, LINDA L. VAUGHAN,       
v.
SUSAN RAE MORRIS, CLORINDA REESE PYEATT, JOHN K. WILSON, and ERNEST
EDGAR WILSON, JR.,

Court:TCA

R.W. HARDISON
219 West Seventh Street
P. O. Box 1967
Columbia, Tennessee  38402-1967
ATTORNEY FOR PLAINTIFFS/APPELLEES

GARY M. HOWELL
P. O. Box 442
Columbia, Tennessee  38402
ATTORNEY FOR DEFENDANTS/APPELLANTS
                        
Judge: SAMUEL L. LEWIS

First Paragraph:

Defendants/appellants, John K. Wilson and Earnest Edgar Wilson, Jr.,
appealed from the judgment of the chancery court which found that
plaintiffs/appellees, Larry and Linda Vaughan, held title to a
contested tract of land.

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

KENNETH ALLEN ARVIN, JR, v. DAVID MILLS, WARDEN,        

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Kenneth Allen Arvin, Jr.        Charles W. Burson
Pro Se                          Attorney General and Reporter
Turney Center/Prison and Farm   450 James Robertson Parkway
Route One                       Nashville, Tennessee 37243-0493
Only, Tennessee 37140-9709
                                Ellen H. Pollack
                                Assistant Atty. Gen. & Reporter
                                450 James Robertson Parkway
                                Nashville, Tennessee 37243-0493

                                Joseph D. Baugh, Jr.                                    
                                District Attorney General
                            
                                Ronald Davis
                                Assistant District Attorney 
                                P.O. Box 937
                                Franklin, Tennessee 37243
                         
Judge: William M. Barker

First Paragraph:

The appellant, Kenneth Allen Arvin, Jr., appeals as of right the trial
courts dismissal of his petition for a writ of habeas corpus.  We
affirm the judgment of the trial court.

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

STATE OF TENNESSEE, v. RAY ANTHONY FARMER,
    
Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:


MICHAEL JONES                   CHARLES W. BURSON
District Public Defender        Attorney General & Reporter

COLLIER W. GOODLETT             CYRIL V. FRASER
Asst. Public Defender           Asst. Attorney General
109 South Second St.            450 James Robertson Pkwy.
Clarksville, TN  37041          Nashville, TN  37243-0493

                                JOHN W. CARNEY
                                District Attorney General

                                WILLIAM CLOUD
                                Asst. District Attorney General
                                204 Franklin St., Suite 200
                                Clarksville, TN  37041
                         
Judge: JOHN H. PEAY,

First Paragraph:

The defendant was charged in the indictment with burglary.  He was
found guilty at a jury trial and was sentenced to twelve years in the
Department of Correction as a career offender.  In this appeal as of
right, the defendant challenges the States alleged failure to comply
with Tenn. R. Crim. P. 16(a)(1)(C) regarding discovery of tangible
objects.  We find that the defendants issue lacks merit, and his
conviction is therefore affirmed.

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

RONALD HORACE FREEMAN, JR., v. STATE OF TENNESSEE,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Victoria L. DiBonaventura   Charles W. Burson
209 West Wood Street        Attorney General & Reporter
Paris, TN 38242             500 Charlotte Avenue
                            Nashville, TN 37243-0497

                            Robin L. Harris
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            G. Robert Radford
                            District Attorney General
                            P. O. Box 686
                            Huntingdon, TN 38344-0686

                            Vicki S. Snyder
                            and
                            Todd Rose 
                            Assistant District Attorneys General
                            P. O. Box 686
                            Huntingdon, TN 38344-0686
                        
Judge: JOE B. JONES

First Paragraph:

The petitioner, Ronald Horace Freeman, Jr., appeals as of right from a
judgment of the trial court dismissing his suit for post-conviction
relief.  The trial court found that the petitioner received the
effective assistance of counsel guaranteed by the United States and
Tennessee Constitutions.  In this Court, the petitioner contends that
he was not afforded his constitutional right to the effective
assistance of trial counsel because trial counsel failed to request a
jury instruction regarding testimony of an accomplice.  

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

STATE OF TENNESSEE, v. RONNIE GORDON, also known as BOBBY BROWN,            )

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Larry B. Hoover             Charles W. Burson
Attorney at Law             Attorney General & Reporter
500 Church Street           450 James Robertson Parkway
Nashville, TN 37219         Nashville, TN 37243-0497

                            Renee F. Videlefsky
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            Victor S. Johnson, III
                            District Attorney General
                            222 Second Avenue, North, Suite 500
                            Nashville, TN 37201-1649

                            Deb U. Smith
                            Assistant District Attorney General
                            222 Second Avenue, North, Suite 500
                            Nashville, TN 37201-1649
                  
Judge: Joe B. Jones

First Paragraph:

The appellant, Ronnie Gordon, also known as Bobby Brown, was convicted
of theft over $500, a Class E felony, by a jury of his peers.  The
trial court found that the appellant  was a career offender and
imposed a sentence consisting of confinement for six (6) years in a
regional workhouse.  The appellant presents two issues for review.  He
contends that the evidence is insufficient to support his conviction. 
He also contends that the sentence imposed by the trial court is
excessive.  After a thorough review of the briefs, the record, and the
law governing the issues presented for review, it is the opinion of
this Court that the judgment of the trial court should be affirmed.

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

STATE OF TENNESSEE, v. GLENN BERNARD MANN,

Court:TCCA

For the Appellant               For the Appellee

William P. Redick, Jr.          Charles W. Burson
Peter D. Heil                   Attorney General and Reporter
Capital Case Resource Center                
704 18th Ave. South             
Nashville, TN 37203             Amy L. Tarkington
                                Assistant District Attorney General
                                Criminal Justice Division
                                450 James Robertson Pkwy.
                                Nashville, TN 37243-0493

                                C. Phillip Bivens
                                District Attorney General
                                Dyer County Courthouse
                                Dyersburg, TN  38024
                         
Judge: David G. Hayes

First Paragraph:

The appellant, Glenn Bernard Mann, was convicted of premeditated first
degree murder, aggravated rape, and aggravated burglary.  At the
conclusion of the penalty phase of the trial, the jury found two
aggravating circumstances: first, the murder was especially heinous,
atrocious, or cruel in that it involved torture or serious physical
abuse beyond that necessary to produce death, Tenn. Code Ann. 
39-13-204(I)(5) (1991);  second, the murder was committed while the
appellant was engaged in committing burglary, Tenn. Code Ann.  39-13
204(I)(7).  The jury further found that the aggravating circumstances
outweighed the evidence of mitigating circumstances beyond a
reasonable doubt and sentenced the appellant to death by
electrocution.

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

STATE OF TENNESSEE, v. CEDRIC E. STAMPLEY,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:   
Cedric E. Stampley, pro se      Charles W. Burson
#93293151/4-E                   Attorney General & Reporter
201 Poplar Avenue               500 Charlotte Avenue
Memphis, TN 38103               Nashville, TN 37243-0497

Samuel Perkins                  Ellen H. Pollack
22 North Second Street          Assistant Attorney General
Memphis, TN 38103               450 James Robertson Parkway
(Elbow Counsel)                 Nashville, TN 37243-0493

                                John W. Pierotti
                                District Attorney General
                                201 Poplar Avenue, Suite 301
                                Memphis, TN 38103-1947
    
                                James C. Beasley, Jr.
                                Assistant District Attorney General
                                201 Poplar Avenue, Suite 301
                                Memphis, TN 38103-1947
                         
Judge: JOE B. JONES

First Paragraph:

The appellant, Cedric E. Stampley, was convicted of an attempt to
commit murder in the first degree, a Class A felony, by a jury of his
peers.  The trial court found that the appellant was a standard
offender and imposed a Range I sentence consisting of confinement for
twenty-three (23) years in the Department of Correction.  Six issues
are presented for review.  The appellant contends that the trial court
committed error of prejudicial dimensions by (1) denying his motion
for transcripts of the pretrial hearings and daily transcripts during
the two-day trial, (2) denying him access to the courts by restricting
his telephone privileges, (3) admitting the victims pretrial
identification when the photographs shown to the victim were
suggestive and prejudicial, (4) denying his right to confront his
accusers, (5) imposing an excessive sentence, and (6) denying his
motion for arrest of judgment post-trial.  

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

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