TBALink Opinion-Flash

August 27, 1996 -- Volume #2 -- Number #78

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
02-New Opinons From TSC-Workers Comp Panel
17-New Opinons From TCA
12-New Opinons From TCCA

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George Dean
TBALink Chief Editor


AUTTO LEE TAYLOR, SR. v. BAILEY-PARKS URETHANE, INC.,
w/JUDGMENT ORDER

Court:TSC - Workers Comp Panel

 For the Appellant:                     For the Appellee:

Stephen D. Goodwin                      Lloyd C. McDougal, III
Baker, Donelson, Bearman & Caldwell     Memphis, TN
Memphis, TN

Judge: White, Judge

First Paragraph:

This workers compensation appeal has been referred to the Special
Workers Compensation Appeals Panel of the Supreme Court in accordance
with TN Code Annotated section 50-6-225 (e)(3) for hearing and
reporting of findings of fact and conclusions of law.  In this appeal
the employer contends no notice was given and causation was
not proven.  The trial judge found proper notice and a work-related
injury.  This panel affirms the judgment of the trial judge.

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

NATHANIEL BOWERMAN, JR., and BRIDGET CHADWICK, EX REL., ON BEHALF OF
ADAM MICHAEL BOWERMAN, D.O.B. 6-5-84
v.
NATHANIEL BOWERMAN, SR., and LOUISE BOWERMAN,

Court:TCA

S. DAWN COPPOCK, Strawberry Plains, for Plaintiffs-Appellants.

MARTIN J. LEVITT, LEVITT & LEVITT, Chattanooga, for Defendants
Appellees.
                         
Judge: Franks. J.

First Paragraph:

In this action, Nathaniel Bowerman, Jr., the natural father of Adam
Michael Bowerman, is seeking custody of Michael and also seeks to set
aside a decree of adoption by defendants, paternal grandparents of
Michael, entered on November 5, 1986.

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

GORDON D. CORBETT, JR.,
v.                      
CARLA SUE GODFREY CORBETT,

Court:TCA

For Appellant                       For Appellee

GRACE E. DANIELL                    ROGER E. JENNE
Starr & Daniell                     Jenne, Scott & Bryant
Chattanooga, TN                     Cleveland, TN
                          
Judge: Susano, J.

First Paragraph:

This is a divorce case.  At the time of the hearing, the parties had
been married 20 years.  Their union produced two children, Heath
Corbett (DOB: April 24, 1980) and Crystal Corbett (DOB: May 11, 1984).
 The trial court awarded the plaintiff Gordon D. Corbett, Jr.
(Husband) a divorce; granted custody of the parties children to the
defendant Carla Sue Godfrey Corbett (Wife); divided the parties
assets and liabilities; set child support at $125 per week; and denied
Wifes request for alimony.  


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


ROBERT EDEN and wife, TAMELA S. EDEN, and HEATHER D. EDEN, b/n/f
ROBERT EDEN and wife, TAMELA S. EDEN,               
VS.                 
MIKE JOHNSON and wife, PAT JOHNSON,             

Court:TCA

MICHAEL W. EDWARDS
Hendersonville, TN
Attorney for Appellants

C. BENTON PATTON
MANIER, HEROD, HOLLABAUGH & SMITH
Nashville, TN
Attorney for Appellees
                          
Judge: ALAN E. HIGHERS, J.

First Paragraph:

In this dog bite case, plaintiffs appeal from the trial court's grant
of summary judgment in favor of defendants.

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

JENNIFER FRANK  
VS.             
ALI NOUREDDINI and wife, OLIFATE NOUREDINNI, NATIONAL HOMES, INC.,
AMERICAN REALTY COMPANY, TERRY STEPHENS, LEE ANN HOFFMAN, BANC PLUS
MORTGAGE CORPORATION, EXCELLA MORTGAGE CORPORATION, SHIRLEY ADKINS,
ALAN SATURN AND THE U.S.A. INSURANCE CORPORATION OF NEW YORK, D/B/A
TITLE U.S.A.,       

Court:TCA

Sherrie L. Durham #13224
111 West Division Street
Mt. Juliet, TN 37122
ATTORNEY FOR PLAINTIFFS/APPELLANTS

Fred Cowden #2469
211 Third Avenue North
Nashville, TN 37201
ATTORNEY FOR DEFENDANT/APPELLEE

Cornelius & Collins
C. Bennett Harrison, Jr. #5702
Suite 2700 Nashville City Center
P.O. Box 190695
Nashville, TN 37219-0695
ATTORNEY FOR DEFENDANT/APPELLEE

Michael J. Philbin #2897
One Union Street
P.O. Box 198169
Nashville, TN 37219-8169
ATTORNEY For DEFENDANT/APPELLEE
                       
Judge: HENRY F. TODD

First Paragraph:

The Plaintiff, Jennifer Frank, has appealed from summary judgment in
favor of the Defendants, American Realty Company, Terry Stephens, Lee
Ann Hoffman, Shirley Adkins and Alan Saturn; and from a judgment in
favor of Plaintiff and against the Defendant, Ali Noureddini in the
amount of $50,000.  Other captioned Defendants are not involved
in this appeal.

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

GREENE COUNTY BANK,
v.
SOUTHEASTERN PROPERTIES, INC.,

Court:TCA

KENNETH CLARK HOOD, ROGERS, LAUGHLIN, NUNNALLY, HOOD & CRUM,
Greeneville, for Plaintiff-Appellee.

L. LEE KULL, BIRD, NAVRATIL, KUILL & McCROSKEY, Maryville, for
Defendants-Appellants.           

Judge: Franks. J.

First Paragraph:

In this action in debt, the Chancellor entered judgment against
defendants for the deficiency and pre-judgment interest.

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

GAYLEY HESTER,
v.
TITAN WHEEL INTERNATIONAL, INC., DYNEER CORPORATION, and DICO TIRE,
INC.,

Court:TCA

DONALDSON M. LEAKE and JAMES E. WINTERS, Kramer, Rayson, Leake,
Rodgers & Morgan, Knoxville, for the appellants.

WILLIAM S. LOCKETT, JR., and NATASHA K. METCALF, Kennerly, Montgomery
& Finley, P.C., Knoxville, for the appellee.
                          
Judge: McMurray, J.

First Paragraph:

This is a contract action based upon an alleged breach of a
termination of employment contract by the defendants.  The case was
tried before a jury and a verdict was rendered in favor of the
plaintiff awarding damages in the amount of $25,840.00.  Judgment was
duly entered thereon.  The defendants appeal.  We affirm the judgment
of the trial court.

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


RICHARD P. JAHN, JR., LIQUIDATING TRUSTEE FOR CRESCENT OAKS
INVESTMENTS, LTD., AND AS BANKRUPTCY TRUSTEE FOR RICHARD CARMACK,
v.
J. FRANK HARRISON, JR.

Court:TCA

Richard P. Jahn, Jr., Chattanooga, For the Appellant 

John W. Murray, III, Chattanooga, For the Appellee 
                          
Judge: INMAN

First Paragraph:

Crescent Oaks Investments, Ltd. was a Limited Partnership engaged in
the business of constructing and operating apartment complexes.  It
had only one general partner, Richard E. Carmack.

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

STANLEY KEEBLER  and wife, LEE H. MORRIS KEEBLER, 
v.
CITY OF JOHNSON CITY,

Court:TCA

THOMAS C. JESSEE, Johnson City, for Appellant.

K. ERICKSON HERRIN, Herrin, Booze & Rambo, Johnson City, for Appellee.
                          
Judge: McMurray, J.

First Paragraph:

The plaintiffs brought this action on the theory of trespass and
nuisance claiming that the defendant unlawfully diverted surface
waters upon their property during the course of improving an adjacent
street.  After a bench trial, judgment was entered in favor of the
plaintiffs in the amount of $137.00.  The plaintiffs appealed.  We
affirm the judgment of the trial court.

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

CORA LADELL HELTON KIMBROUGH, v. DONALD HENRY HELTON,            

Court:TCA

William P. Jones
Hendersonville, TN
Attorney for Appellant

Nancy Kay Corley
R. Patrick Parker
Nashville, TN
Attorneys for Appellee
                          
Judge: WILLIAM H. WILLIAMS

First Paragraph:

This case involves a motion for summary judgment arising initially out
of a divorce proceeding in the Chancery Court of Sumner County,
TN.  The decree of divorce filed on December 20, 1991 and
contained therein a marital dissolution agreement between the parties
which provided, inter alia, for the payment by the Husband/Appellant
to the Wife/Appellee the sum of $50,000 termed as alimony in solido.  
The amount was to be paid over a period of five years in cash of
$11,000 first payment, and thereafter beginning February 1, 1992 the
sum of $24,000 payable at $400 monthly together with interest from
entry of the final decree, and three concurrent future payments of
$5,000 each on certain dates specified in the marital dissolution
agreement.   

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

FRANCES S. LYONS, As Executrix of the Estate of John Phillips 
v.
FIRST AMERICAN NATIONAL BANK, and VIOLA LEONARD,

Court:TCA

RICK J. BEARFIELD, Johnson City, for Defendant-Appellee, First
American National Bank.

STEVE MERRITT, Maryville, for Defendant-Appellee, Viola Leonard.
                          
Judge: Franks. J.

First Paragraph:

This declaratory judgment action was initially filed by the Deceased,
John C. Phillips, against First American National Bank (Bank), asking
a decree be entered removing the name of his daughter, Viola J.
Leonard, from two certificates of deposit which Phillips claimed to
have pledged to secure Leonards debt.  Subsequently, Phillips amended
his complaint to add Viola J. Leonard as a defendant, and charged that
Leonard had defrauded Phillips in obtaining the security
arrangement wherein Phillips certificates of deposit were changed
from his sole ownership to their names jointly with the right of
survivorship.  

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

NASHVILLE PAINTING CORP.,
VS.
RAY BELL CONSTRUCTION CO., INC. and INSURANCE COMPANY OF NORTH AMERICA,

Court:TCA

GREGORY L. CASHION CAROL R. CONNOR MANIER, HEROD, HOLLABAUGH & SMITH
Nashville, TN Attorneys for Appellants

CHARLES W. SURASKY SMITH, CURRIE & HANCOCK Atlanta, Georgia DIANNA
BAKER SHEW FARRIS, WARFIELD & KANADAY Nashville, TN Attorneys
for Appellee
                          
Judge: ALAN E. HIGHERS, J.

First Paragraph:

This suit was brought by a subcontractor, Nashville Painting
Corporation (NPC), to recover for extra-contractual work allegedly
performed and for the balance due under the subcontract.  The trial
court dismissed appellants counterclaim for breach of contract and
awarded $137,002.00 to NPC.  Appellant has raised four issues on
appeal, which are: (1) whether the trial court erred in finding that
NPC had completed all of the work that it was contractually obligated
to perform by June 1, 1992; (2) whether the trial court erred in
awarding NPC additional compensation for work performed after June 1,
1992; (3) whether the trial court erred in dismissing appellants
counter-claim; and (4) whether the trial court erred in finding that
appellant had waived the written change order provision of the
subcontract.  

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

MICHELLE MARIE YOUNG NELSON,
vs.  
ROBERT RICHARD NELSON,
 
Court:TCA

L. CAESAR STAIR III, and ELIZABETH K. B. MEADOWS, Knoxville,

JOHN D. LOCKRIDGE and SCARLETT A BEATY, Knoxville, for appellee.
                         
Judge: McMurray, J.

First Paragraph:

This action began as a divorce action between the parties.  After an
extensive bench trial, the court awarded a divorce pursuant to T.C.A.
 36-4-129.  Custody of the parties minor children was given to the
husband with the wife having specified visitation privileges.  The
court further ordered child support to be paid in accordance with the
Child Support Guidelines; however no specific amount of child support
was established.  Finally, the court divided the marital property
between the parties.  From the judgment of the trial court this appeal
resulted.  We affirm in part, modify in part and remand with
instructions.

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

JUDY PARRISH,
VS. 
HOSPITAL CORPORATION OF AMERICA, d/b/a CENTENNIAL MEDICAL CENTERS

Court:TCA

C. J. Gideon, Jr.
GIDEON & WISEMAN
414 Union Street 
Suite 1900, NationsBank Plaza
Nashville, TN 37219
ATTORNEY FOR PLAINTIFF/APPELLEE

Sonya W. Henderson
218 W. Main Street
Suite One
Murfreesboro, TN 37130
ATTORNEY FOR DEFENDANT/APPELLANT
                         
Judge: HENRY F. TODD

First Paragraph:

The captioned Plaintiff has appealed from a summary judgment
dismissing her suit against the captioned Defendant for the wrongful
death of Whitney Parrish by suicide while a patient in Defendants
hospital.

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

ROSIE LEE CLARK REED, v. GINGER REED and DAVID REED  

Court:TCA

Duncan V. Crawford, Maryville, For the Appellant 

Robert N. Goddard, Maryville, For the Appellee 
                         
Judge: INMAN

First Paragraph:

The issue on appeal is whether or not the surviving spouse and sole
beneficiary of her deceased husbands will was entitled to an
extension of time within which to elect to take an elective share of
her husbands estate pursuant to T.C.A. 31-4-101(a)(2).  The trial
judge denied the motion, the propriety of which is presented for
review.

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

MARY SWETT,vs.MARGARET GORDON,

Court:TCA

DOUGLAS R. BEIER,  Evans & Beier, Morristown, for Appellant.

THOMAS D. SHELBURNE, Rogersville, for Appellee.
                          
Judge: McMurray, J.

First Paragraph:

In this action, the plaintiff sought judgment against the defendant
for the sum of $99,960.00 allegedly due under the terms of an oral
contract for accounting services she had provided to the defendant. 
The defendant answered and denied the allegations of the plaintiff
relating to the debt.  After a bench trial the trial court entered
judgment in favor of the plaintiff in the amount of $3,440.00 plus
interest of 10% per annum from June 1, 1993.  The plaintiff appeals. 
We affirm the judgment of the trial court.

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

PAUL THOMPSON,
vs.
CRESWELL INDUSTRIAL SUPPLY, INC., and CHEROKEE SUPPLY CO.,

Court:TCA

JERRY H. SUMMERS and JIMMY F. ROGERS, JR., Summers, McCrea & Wyatt,
P.C., Chattanooga, for appellants.

JOHN P. KONVALINKA and MATHEW D. BROWNFIELD, Grant, Konvalinka &
Harrison, P.C., Chattanooga, for appellee.
                       
Judge: McMurray, J.

First Paragraph:

This is an appeal from the judgment of the Chancery Court of Hamilton
County concerning commissions allegedly due under two oral employment
contracts.  The plaintiff/Appellee, Paul Thompson, filed suit against
Creswell Industrial Supply, Inc., and Cherokee Supply, Inc., claiming
that they were obligated to pay him 35 percent of the gross sales he
generated for each company during parts of 1991.  The defendants
claimed that the plaintiff had agreed to a revision of his employment
contracts concerning commissions.  

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

KENNETH ATCHLEY WATSON, v. SANDRA GAYLE MALLARD WATSON

Court:TCA

M. Jeffrey Whitt, Knoxville, For the Appellant 

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

First Paragraph:

In this domestic relations case the appellant, hereafter wife,
complains of the distribution of marital assets and allocation of
liabilities.  Specifically, she argues: (1) that a residence was
overvalued, (2) that property described as the Chapman Highway
property was undervalued, and (3) that the debts allocated to her were
understated.

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

STATE OF TN, v. TONY BARRETT,

Court:TCCA

For the Appellant:                  For the Appellee:

Comer L. Donnell                    Charles W. Burson
District Public Defender            Attorney General & Reporter
                                    450 James Robertson Parkway
Howard L. Chambers                  Nashville, TN 37243-0493
Asst. District Public Defender
213 N. Cumberland Street            Cyril V. Fraser
Lebanon, TN 37087                   Asst. Attorney General          
 
                                    Tom P. Thompson, Jr.
                                    District Attorney General

                                    David Durham
                                    Asst. District Attorney General
                           
Judge: William M. Barker

First Paragraph:

The appellant, Tony Barrett, appeals from the Wilson County Criminal
Courts judgment revoking his community corrections sentence.  He
contends that the trial court erred not only in revoking the sentence
but also in resentencing him to an excessive term.  We agree that the
trial court committed reversible error.  The case is remanded for
resentencing in accordance with this opinion.

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

STATE OF TN,  v. RICHARD BROWN and  KEITH PUCKETT,   

Court:TCCA

FOR THE APPELLANTS:                FOR THE APPELLEE:

BROWN:                            CHARLES W. BURSON
J. TIMOTHY STREET                 Attorney General and Reporter
136 Fourth Ave. South                                        
Franklin, TN 37064                WILLIAM DAVID BRIDGERS        
                                  Assistant Attorney General      
PUCKETT:                          
                                 
D. STUART CAULKINS                
212 East Main St.
Franklin, TN 37064                JOSEPH P. BAUGH
                                  District Attorney General
                       
Judge: WILLIAM S. RUSSELL

First Paragraph:

Richard N. Brown and Keith Puckett appeal from their joint trial
convictions.  Brown was convicted of especially aggravated kidnapping,
robbery and conspiracy to commit aggravated kidnapping; with resultant
sentences respectively of twenty years, three years plus a $1,500.00
fine and eight years.  The twenty and eight years are to be served
concurrently and the three years consecutively, for an effective total
of twenty-three years.

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

PATRICK COLLIER, VS. STATE OF TN,

Court:TCCA

For the Appellant:              For the Appellee:

Andrei Ellen Lee                Charles W. Burson
961 Woodland Street             Attorney General & Reporter
Suite 100                       450 James Robertson Parkway
Nashville, TN 37206             Nashville, TN 37243-0493

                                Renee F. Videlefsky         
                                Asst. Attorney General
                                
                                Victor S. Johnson, III
                                District Attorney General

                                Roger Moore
                                Asst. District Attorney General
                            
William M. Barker

First Paragraph:

The appellant, Patrick Collier, appeals from the Davidson County
Criminal Courts judgment denying his petition for post-conviction
relief.  He alleges that he was denied his right to the effective
assistance of counsel at trial.  The trial court denied relief after
conducting two evidentiary hearings.  We find no error and affirm the
judgment.

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

AARON D. HARRIS, V. STATE OF TN,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Michael T. Circeo               Charles W. Burson
Attorney at Law                 Attorney General & Reporter
4548 Brainerd Road              450 James Robertson Parkway
Chattanooga, TN 37411           Nashville, TN 37243-0497

                                Eugene J. Honea
                                Assistant Attorney General

                                C. Leland Davis
                                Assistant District Attorney General
                           
Judge: Joe B. Jones

First Paragraph:

The appellant, Aaron D. Harris, appeals as of right from a judgment of
the trial court dismissing his suit for post-conviction relief
following an evidentiary hearing.  The trial court found that the
appellants guilty plea passed constitutional muster and that he
received  effective assistance of counsel.  In this Court, the
appellant contends that the trial court should have granted his
request for post-conviction relief on both grounds.  After a thorough
review of the briefs submitted by the parties, the record, and the
authorities which control the issues presented for review, it is the
opinion of this Court that the judgment of the trial court should be
affirmed pursuant to Rule 20, TN Court of Criminal Appeals.

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

MILTON HOLT, vs. STATE OF TN and MIKE DUTTON, Warden,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Thomas T. Overton               Charles W. Burson
213 Third Avenue, North         Attorney General of TN
Nashville, TN 37201             and
                                Cecil H. Ross   
                                Assistant Attorney General
 
                                George Bonds
                                Assistant District Attorney
   
Judge: PER CURIAM 

First Paragraph:

The petitioner, Milton Holt, appeals as of right from the dismissal of
his petition for habeas corpus relief in which he claimed that his
aggravated rape convictions and sentences were void.  After a brief
evidentiary hearing, the trial judge denied the requested relief.  For
the reasons discussed below we affirm the judgment of the trial court.

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

STATE OF TN, VS. DAVID HUMPHREYS,

Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:

CHERYL J. SKIDMORE                  CHARLES W. BURSON
629 E. Main St.                     Attorney General & Reporter
Hendersonville, TN   37075
        (On Appeal)                 KAREN M. YACUZZO
                                    Asst. Attorney General
JOE D. HARSH                        450 James Robertson Pkwy.   
123 Public Square                   Nashville, TN  37243-0493
Gallatin, TN   37066                
    (At Trial)                      LAWRENCE RAY WHITLEY
                                    District Attorney General

                                    KATHI PHILLIPS
                                    Asst. District Attorney General
 
Judge: JOHN H. PEAY

First Paragraph:

The defendant was indicted for selling cocaine.  He was convicted by a
jury, and was subsequently sentenced as a Range II multiple offender
to ten years in the TN Department of Correction.  A five
thousand dollar ($5,000) fine was also assessed.

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

STATE OF TN, VS. JERMAINE HUNTER,

Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:

LARRY B. HOOVER                     CHARLES W. BURSON
5th Fl., St. Cloud Corner           Attorney General & Reporter
500 Church St.
Nashville, TN   37219               SARAH M. BRANCH
                                    Counsel for the State
                 
                                    VICTOR S. JOHNSON, III
                                    District Attorney General
          
                                    NICHOLAS D. BAILEY
                                         and    
                                    DIANE LANCE
                                    Asst. District Attorneys General
                          
Judge: JOHN H. PEAY

First Paragraph:

The defendant was indicted for first-degree murder and found guilty by
a jury.  He was sentenced to life imprisonment.  In this appeal as of
right, he challenges the sufficiency of the evidence and contends that
the trial court erred when it ruled admissible evidence about an
altercation between the defendant and the victims father four days
before the murder.  After a review of the record, we find no merit in
the defendants issues and affirm the judgment below.

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

STATE OF TN, VS. ZACHARY LAMONT KENNEDY, JR.,

Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:

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

NANCY B. MYERS                      MICHELLE L. LEHMANN
Asst. Public Defender               Asst. Attorney General
18th Judicial District              450 James Robertson Pkwy.
117 E. Main St.                     Nashville, TN  37243-0493
Gallatin, TN  37066   
                                    LAWRENCE RAY WHITLEY
                                    District Attorney General

                                    DEE GAY
                                    Asst. District Attorney General
                           
Judge: JOHN H. PEAY

First Paragraph:

The defendant pled guilty to aggravated burglary on October 19, 1993. 
On December 9, 1993, the trial court sentenced the defendant to three
years with the Department of Correction, ordering him to serve four
months incarceration with the remainder of the sentence to be
intensive probation.  The defendant was also ordered to make
restitution to the victim and to serve two hundred hours of community
service.  On May 22, 1995, the trial court revoked the
defendants probation, finding that he had done practically nothing 
to meet the conditions of his probation.  Accordingly, the trial court
ordered the defendant to serve one hundred twenty days in the county
jail to be followed by reinstatement to intensive probation.  

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

HERMAN LEE LUCAS, v. STATE OF TN,

Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:

Kimberly A. Parton                  Charles W. Burson
Attorney at Law                     Attorney General & Reporter
407 Union Avenue, Suite 209         450 James Robertson Parkway
Knoxville, TN 37902                 Nashville, TN 37243-0497

                                    Eugene J. Honea
                                    Assistant Attorney General
  
                                    Randall E. Nichols
                                    District Attorney General
 
                                    Zane M. Scarlett
                                    Assistant District Attorney General
                          
Judge: Joe B. Jones

First Paragraph:

The appellant, Herman Lee Lucas, appeals as of right from a judgment
of the trial court dismissing his suit for post-conviction relief
following an evidentiary hearing.  The trial court found that the
appellants guilty pleas met constitutional muster and he received 
effective assistance of counsel.  In this Court, the appellant
contends that the trial court erred in dismissing [his] post
conviction relief petition upon a finding that [he] had failed to
carry his burden of proof regarding the ineffective assistance claim.
 
URL:http://www.tba.org/tba_files/TCCA/LUCASHL.OPN.WP6
Opinion-Flash

STATE OF TN, VS. WILLIAM D. PEWITT,

Court:TCCA

For the Appellant:                  For the Appellee:

Vanessa P. Bryan                    Charles W. Burson
Assistant Public Defender           Attorney General and Reporter
407 C Main Street                   450 James Robertson Parkway
P.O. Box 68                         Nashville, TN  37243-0493
Franklin, TN  37065-0068 
                                    Charlotte H. Rappuhn                                                        
                                    Assistant Attorney General
                                
                                    Joseph D. Baugh                                                                     
                                    District Attorney General
                            
Judge: Rex Henry Ogle

First Paragraph:

The defendant, William D. Pewitt, was indicted on two counts of
assault and two counts of coercion of a witness.  He was then
convicted of one count of assault and one count of coercion of a
witness in the Circuit Court for Williamson County.  The trial court
imposed concurrent sentences of eleven months, twenty-nine days in the
county jail for assault and four years in the TN Department of
Correction for coercion.

URL:http://www.tba.org/tba_files/TCCA/PEWITTWD.OP.WP6
Opinion-Flash

STATE OF TN, v. JAMES TERRY WHITE,

Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:

Vanessa P. Bryan                    Charles W. Burson
Assistant Public Defender           Attorney General & Reporter
P.O. Box 68                         450 James Robertson Parkway
Franklin, TN 37065                  Nashville, TN 37243-0497

OF COUNSEL:                         Clinton J. Morgan
                                    Assistant Attorney General
John H. Henderson                   450 James Robertson Parkway
District Public Defender            Nashville, TN 37243-0493
                                    
                                    Joseph D. Baugh
                                    District Attorney General
  
                                    Ronald L. Davis
                                    Assistant District Attorney General
                           
Judge: Joe B. Jones

First Paragraph:

The appellant, James Terry White, appeals as of right from a judgment
of the trial court revoking his probation and requiring him to serve
the sentence previously imposed by the court.  Two issues are
presented for review.  The appellant contends that (a) the trial court
abused its discretion by failing to either reinstate full probation,
intense probation, or sentence him to a community corrections
sentence, and (b) the trial court failed to state on the record
sufficient reasons for revoking his probation.  

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

STATE OF TN, v. NATHANIEL WILLIAMS,

Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:
 
Shawn G. Graham                     Charles W. Burson
Assistant Public Defender           Attorney General & Reporter
605 East Carroll Street             450 James Robertson Parkway
Tullahoma, TN 37388-0260            Nashville, TN 37243-0497

OF COUNSEL:                         Michelle L. Lehmann
                                    Assistant Attorney General
Bethel C. Smoot, Jr.                450 James Robertson Parkway
District Public Defender            Nashville, TN 37243-0493

                                    C. Michael Layne
                                    District Attorney General
   
                                    Stephen E. Weitzman
                                    Assistant District AG
                       
Judge: Joe B. Jones

First Paragraph:

The appellant, Nathaniel Williams, entered a plea of guilty to the
offense of selling cocaine under one-half gram, a Class C felony.  The
trial court found that the appellant was a persistent offender and
imposed a Range III sentence consisting of a $2,000 fine and
confinement for twelve (12) years in the Department of Correction. 
Two issues are presented for review.  The appellant challenges the
range used to determine the length of his sentence and the length of
the sentence.  

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

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