TBALink Opinion-Flash

September 12, 1996 -- Volume #2 -- Number #81

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
08-New Opinons From TSC-Workers Comp Panel
11-New Opinons From TCA
15-New Opinons From TCCA

There are three ways to get the full opinion from the Web: (TBALink members only)

  • Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text version of the opinion.

  • *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original WP 6.0 document. version of the opinion.

  • Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.

George Dean
TBALink Chief Editor


CHARLES E. CAREY,v. CAROLINA FREIGHT CARRIERS CORPORATION,              
w/JUDGMENT ORDER

Court:TSC - Workers Comp Panel

For Appellant:                      For Appellee:

James T. Ryal, Jr.                  William F. Kendall, III  
Adams, Ryal & Flippin, P.C.         Steven W. Maroney
Humboldt, TN                        Waldrop & Hall, P.A.
                                    Jackson, TN 

Judge: Holder

First Paragraph:

In its appeal, the employer contends that the evidence does not
support the trial courts award of seventy percent (70%) to the lower
extremity and that the trial court erred in computing the employees
average weekly wage at $273.00 instead of $220.21 per week.  The panel
concludes that the evidence preponderates against the trial courts
assessment of permanent disability and modifies the award to
thirty-five percent (35%) to the lower extremity.  Properly computed,
the employees average weekly wage is $220.21 per week.

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

JOHN IVORY, JR., v. EMERSON MOTOR COMPANY,
w/JUDGMENT ORDER

Court:TSC - Workers Comp Panel

For Appellant:                      For Appellee:

Raymond L. Ivey                     P. Allen Phillips   
Ivey, Parish & Johns                Waldrop & Hall, P.A.
Huntingdon, TN                      Jackson, TN 
                                                       
Judge: Holder

First Paragraph:

The employee contends the trial court erred in: 1.  Failing to assign
permanent partial disability to the right arm as opposed to the right
hand; and 2.    Limiting the award of permanent partial disability
benefits to 55% to the right hand. We affirm the trial court in all
respects.

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

JIMMY JOHNSON, v. WAUSAU INSURANCE CO., 
w/JUDGMENT ORDER

Court:TSC - Workers Comp Panel

For Plaintiff:              For Defendant:

Patrick N. Parker           R. Dale Thomas
Garrety & Sanders, P.C.     Rainey, Kizer, Butler, Reviere & Bell  
65 Stonebridge Boulevard    105 South Highland Avenue
Jackson, TN 38305           Jackson, TN 38302-1147                         

Judge: TOMLIN

First Paragraph:

Jimmy Johnson (plaintiff) has appealed the trial courts dismissal of
his suit for workers compensation benefits on the grounds that
plaintiff failed to prove that he sustained an injury arising out of
and in the course and scope of his employment by preponderance of the
evidence.  Plaintiff was employed by Gurien Finishing Corporation
(Gurien), who was insured by defendant, Wausau Insurance Company. For
the foregoing reasons, we find no error and affirm.

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

MARK ANTHONY PARKER         
v.
NATIONAL SURETY CORPORATION and ROYAL INSURANCE COMPANY
w/JUDGMENT ORDER

Court:TSC - Workers Comp Panel

For the Appellant:          For the Appellees:

David T. Hooper             T. J. Emison, Jr.
Hooper & Hooper             Alamo, TN
Brentwood, TN        
                            Catherine B. Clayton
                            Spragins, Barnett, Cobb & Butler
                            Jackson, TN
                         
Judge: White

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 case
the first employer appeals the ruling of the trial court that the
injury occurred during his term of employment with the first employer.
 The trial court found no second injury after April 1 and awarded
benefits against the first employer.  The second issue is raised by
Appellant to the awarding of 40% to each arm.  

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

WILLIAM BLAND AND LENA BLAND,v. ALLSTATE INSURANCE COMPANY, 

Court:TCA

For the Plaintiffs/Appellees:       For the Defendant/Appellant:

Alan Bryant Chambers                Bruce D. Brooke 
Timothy R. Holton                   Memphis, TN
 Memphis, TN
                          
Judge: HOLLY KIRBY LILLARD

First Paragraph:

This is a suit brought by William Bland (Bland) against Allstate
Insurance Company (Allstate) for breach of contract for failure to pay
a claim under his homeowners insurance policy.  At trial, the jury
found for Bland and awarded him damages under the insurance contract
for the loss of his home and its contents due to a fire.  Allstate
argued at trial that material misrepresentations on the application,
as a matter of law, warranted Allstates decision to void  Blands
policy ab initio.  Allstate appeals the denial of its motion for
directed verdict and alleges error in a number of the jury
instructions. 

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

ALLEN B. COLE,  v. TN BOARD OF PAROLES,
w/CONCURRING OPINION

Court:TCA

ALLEN B. COLE, Pro Se
N.C.S.C.
Nashville, TN  37209-1052

CHARLES W. BURSON
Attorney General and Reporter

ABIGAIL TURNER
Assistant Attorney General
Nashville, TN  37243
ATTORNEYS FOR RESPONDENT/APPELLEE                         

Judge: SAMUEL L. LEWIS

First Paragraph:

This is an appeal by petitioner, Allen B. Cole, from the judgment of
the Chancery Court of Davidson County granting the motion to dismiss
of respondent, the TN Board of Paroles ("the Board").

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

HERMAN DAVIS and wife, DARNELL DAVIS, v. PAUL A. HATCHER, SR., M.D.,

Court:TCA

Laurence R. Dry, Oak Ridge, For the Appellants 

T. Warren Butler, Knoxville, For the Appellees 
                          
Judge: INMAN

First Paragraph:

This malpractice action was dismissed on motion for summary judgment. 
It arose from a routine prostate resection which went awry, resulting
in adverse consequences to the plaintiff.  A device referred to as a
resectoscope manufactured by the Circon ACMI Ohio Manufacturing
Company, malfunctioned while being used by and under the control of
the defendant, Dr. Paul Hatcher [hereafter, the defendant].  It is
not disputed that a portion of the penis of the plaintiff, Herman
Davis [hereafter, plaintiff], was either chemically, thermally or
electrically burned away, with disastrous results unnecessary here to
be recounted.

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

HAROLD WAYNE GIBSON and wife, SYLVIA GIBSON,
v.
KIT G. McGLOTHLIN d/b/a/ KIT McGLOTHLIN BUILDERS, INC., and KIT G.
McGLOTHLIN d/b/a McGLOTHLIN BUILDERS, INC., and McGLOTHLIN BUILDERS,
INC.,

Court:TCA

Mark S. Dessauer, Kingsport, For the Appellants.

Larry Roberts, Kingsport, for the Appellees.                      

Judge: INMAN

First Paragraph:

This is an action for damages for breach of a construction contract
and of an implied warranty of good workmanship and materials and for
negligent construction.

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

JOSEPH TYREE GLANTON,   v. BRENDA RICHARDSON GLANTON, 

Court:TCA

ROBERT A. ANDERSON
Nashville, TN 37215
Attorney for Plaintiff/Respondent/Appellee

TIMOTHY L. TAKACS
Hendersonville, TN 37077-0364
Attorney for Defendant/Petitioner/Appellant                          

Judge: BEN H. CANTRELL,

First Paragraph:

This appeal involves a post-divorce contempt proceeding.  The
appellant, Mrs. Brenda Cherry, filed an unverified complaint in the
Probate Court for Davidson County seeking to recover unpaid child
support from her former husband, Mr. Songoleke Kurante Kotunu
(formerly Joseph Tyree Glanton).  Mr. Kotunu filed a Motion to Dismiss
arguing the Complaint was defective since Mrs. Cherry had not verified
it.  The probate court agreed with Mr. Kotunu, and dismissed Mrs.
Cherrys suit.  The court also awarded Mr. Kotunu his attorneys fees. 
Mrs. Cherry asserts on appeal that the probate court erred by
requiring her to have have verified her complaint, and in granting Mr.
Kotunus attorneys fees. 

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

HENRY COUNTY MEDICAL CENTER v. HENRY GRONSKI, M.D.           

Court:TCA

For the Plaintiff/Appellant:    For the Defendant/Appellee:

David F. Hessing                William R. Neese
Paris, TN                Dresden, TN
                          
Judge: HOLLY KIRBY LILLARD

First Paragraph:

This is a breach of contract action brought by Henry County Medical
Center (HCMC) against Henry Gronski, M.D. (Gronski).  In response,
Gronski admitted the amounts owed to HCMC under the contract but
claimed that he was owed a larger amount as set-off.  The trial court
awarded HCMC a judgment of $44,900.40 on the contract and awarded
Gronski $56,204 as set off.  The court also ordered HCMC to pay
Gronski's attorney's fees and accountant fees.  HCMC appeals the
courts award of set-off to Gronski as well as the award of attorneys
and accountant fees.  

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

ELDRED L. REID, v. JERRY STOVER & CHARLES NOLES,

Court:TCA

ELDRED L. REID, pro se
Tiptonville, TN

CHARLES W. BURSON
Attorney General & Reporter

LISA T. KIRKHAM
Assistant Attorney General
Nashville, TN
Attorneys for Appellees
  
Judge: ALAN E. HIGHERS

First Paragraph:

Plaintiff, Eldred Reid, is a prisoner currently incarcerated at the
Northwest Correctional Center in Tiptonville, TN. 
Plaintiff brought this suit this suit under 42 U.S.C.  1983, alleging that
various officials at the correctional center violated his
constitutional rights.

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

DOUGLAS E. SAMUELSON, as the Natural Father and Personal
Representative of KEVIN L. SAMUELSON,               
v.
CECIL E. McMURTRY, M.D., WILLIAM A. HOLLAND, JR., M.D., H.C.A. HEALTH
SERVICES OF TN, INC., d/b/a DONELSON HOSPITAL EMERGICARE, INC.,
and MARK S. TOTTY, Individually and d/b/a MARK S. TOTTY, D.C., P.C.,
w/DISSENTING OPINION

Court:TCA

JOE BEDNARZ
Nashville, TN 37219
Attorney for Plaintiff/Appellant

ROGER T. MAY
Nashville, TN 37201
Attorney for Defendant/Appellee                         

Judge: BEN H. CANTRELL

First Paragraph:

In this wrongful death case we have determined that when the
plaintiff-appellant accepted a jury verdict finding the decedent was
forty-nine percent at fault, that finding became binding in the appeal
of the trial judges action in dismissing another defendant on the day
of the trial.  

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

AFSOON VAFAIE (formerly JANE DOE),  
v.
WALTER R. OWENS, III and wife, CHERYL ROBERTS OWENS,    

Court:TCA

Lee Ofman, Franklin, TN 
Attorney for Plaintiff/Appellant.

Robert L. Trentham,
Mark Tyler Seitz,
TRABUE, STURDIVANT & DeWITT, Nashville, TN
Attorney for Defendants/Appellees.
                       
Judge: FARMER, J.

First Paragraph:

In this case, Plaintiff-Appellant, Dr. Afsoon Vafaie Elmore, appeals
the trial courts grant of summary judgment to Defendant-Appellee, Dr.
Walter R. Owens, III, with respect to Plaintiffs claims against Dr.
Owens for assault, malicious harassment and civil conspiracy. 
Plaintiff also appeals the trial courts grant of summary judgment to
Defendant-Appellee, Cheryl Roberts Owens as to Plaintiffs claims
against Mrs. Owens for assault, malicious harassment, outrageous
conduct and civil conspiracy.  Plaintiff further appeals certain
evidentiary rulings made by the trial court during the course of
Plaintiffs jury trial against Dr. Owens in which the Plaintiff sought
to recover damages for severe emotional distress, arising from the
alleged outrageous conduct of Dr. Owens.

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

STATE OF TN, v. DONNA ARMS,  

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:


CAMPBELL SMOOT, JR.         CHARLES W. BURSON
Public Defender             Attorney General & Reporter

SHAWN G. GRAHAM             MARY ANNE QUEEN
Asst. Public Defender       Legal Assistant
605 E. Carroll St.                  
Tullahoma, TN   37388       CHARLOTTE H. RAPPUHN
                            Asst. Attorney General                                  
                            
                            CHARLES M. LAYNE  
                            District Attorney General

                            KENNETH SHELTON
                            Asst. District Attorney General
  
Judge:JOHN H. PEAY

First Paragraph:

The defendant was indicted for aggravated burglary and theft of
property in excess of one thousand dollars ($1,000), Class C and D
felonies, respectively.  She pled guilty to both offenses and after a
hearing was sentenced to six years for the burglary charge, and to
four years for the theft offense.  Both sentences were to run
concurrently.  Probation was ordered after one year of incarceration
with release from custody and placement on probation . . . subject to
the verification of the district attorney general in writing that the
defendant has cooperated fully in the investigation and prosecution of
other possible criminal offender(s) in this case.  

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

STATE OF TN, v. JAMES A. BEAR,   

Court:TCCA

For the Appellant:          For the Appellee:

Lon V. Boyd                 Charles W. Burson
P.O. Box 723                Attorney General of TN
154 Cherokee Street         and
Kingsport, TN 37660         Timothy F. Behan
(On appeal)                 Assistant Attorney General of TN                     
                            450 James Robertson Parkway     
Cary C. Taylor              Nashville, TN 37243-0493
547 East Sullivan Street
Kingsport, TN 37660         H. Greeley Wells, Jr.
(At trial)                  District Attorney General
                            and
                            Teresa M. Smith
                            Assistant District Attorney General
  
Judge: Joseph M. Tipton

First Paragraph:

The defendant, James A. Bear, was convicted in the Sullivan County
Criminal Court upon his plea of guilty to theft of property valued at
more than one $1,000.00 but less than $10,000.00, a Class D felony. 
He was sentenced as a Range II, multiple offender to four years to be
served in the custody of the Department of Correction.  In this appeal
as of right, he contends that the trial court erred in refusing to
allow him to withdraw his guilty plea. 

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

DANNY TRAVIS BROWN, v. STATE OF TN,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Edward C. Miller                Charles W. Burson
District Public Defender        Attorney General & Reporter 
Fourth Judicial District
P.O. Box 416                    Eugene J. Honea
Dandridge, TN 37725             Assistant Attorney General

                                Alfred C. Schmutzer, Jr.
                                District Attorney General

                                Richard R. Vance
                                Asst. Dist. Attorney General

Judge:PAUL G. SUMMERS

First Paragraph:

The appellant, Danny Travis Brown, was convicted of arson.  He was
sentenced to twenty-one years confinement.  His direct appeal
concluded in 1990.  Subsequently, he filed two petitions for
post-conviction relief.  Both petitions were denied.  In 1995, he
filed a writ of error coram nobis.  The writ was treated as a petition
for post-conviction relief.  Following an evidentiary hearing, the
trial court dismissed the petition as untimely.  Upon review, we find
no error of law mandating reversal.  

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

STATE OF TN, v. MARC A. BURRIDGE,        

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

MICHAEL J. FLANAGAN         CHARLES W. BURSON
DALE M. QUILLEN             Attorney General and Reporter
208 Cavalier Building
95 White Bridge Road        CHARLOTTE H. RAPPUHN
Nashville, TN 37205-1427    Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            LISA A. NAYLOR
                            Legal Assistant

                            JOE D. BAUGH, JR.
                            District Attorney General
                        
Judge: DAVID H. WELLES

First Paragraph:

The Defendant was convicted on a jury verdict of driving under the
influence of an intoxicant (DUI), driving on a revoked license, and
evading arrest.  The basis of this appeal is an instruction given by
the trial judge when the jury initially returned an incomplete
verdict.  The Defendant argues that this instruction amounted to a
directed verdict of guilt, which deprived him of his Sixth Amendment
right to a jury trial.  We find the instruction was proper, and affirm
the decision of the trial court.

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

STATE OF TN, v. KERRY A. COMBS,

Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:  

Joyce M. Ward                       Charles W. Burson
Assistant Public Defender           Attorney General & Reporter
Third Judicial District
1609 College Park Drive             Cyril V. Fraser  
Box 11                              Assistant Attorney General
Morristown, TN 37813-1618           Criminal Justice Division
(AT TRIAL & OF COUNSEL ON           450 James Robertson Parkway
APPEAL)                             Nashville, TN 37243-0493

Thomas T. Woodall                   C. Berkeley Bell
203 Murrell Street                  District Attorney General
P.O. Box 1075
Dickson, TN 37056-1075              Cecil C. Mills
(ON APPEAL)                         Asst Dist. Attorney General
                                    113 West Church Street  
                                    Greeneville,TN. 37743                          

Judge: Robert E. Burch

First Paragraph:

The appellant was convicted by a jury of the criminal offense of
driving a motor vehicle while intoxicated (third offense) and driving
without a license.  On the DUI, the trial court sentenced the
appellant to eleven months, twenty-nine days in the county jail; set
his release eligibility at fifty per-cent; fined him one thousand ten
dollars and denied alternative sentencing.  The sentence for driving
without a license was thirty days in the county jail and a fine of
forty dollars. .

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

STATE OF TN, v. MACK DEVANEY,

Court:TCCA

FOR THE APPELLANT:                          FOR THE APPELLEE:  

Joe H. Walker                       Charles W. Burson
Public Defender                     Attorney General & Reporter
                      
Walter B. Johnson, II               Darian B. Taylor 
Assistant Public Defender           Assistant Attorney General
P.O. Box 334                        Criminal Justice Division
Harriman, TN  37748                 450 James Robertson Parkway
                                    Nashville, TN  37243-0493

                                    Charles E. Hawk
                                    District Attorney General

                                    Frank Harvey
                                    Asst District Attorney General
  
Judge: Robert E. Burch

First Paragraph:

Appellant was convicted in the trial court of the offense of attempt
to commit aggravated robbery for which he received a sentence of ten
years consecutive to the sentence that he was already serving when he
was sentenced.  He appeals to this court and presents for review two
issues: (1). The sufficiency the evidence to sustain a conviction of
that offense, specifically whether the facts in the record constitute
an attempt to commit aggravated robbery or even simple robbery: and,
(2). Whether the trial court properly ordered his sentence to be
served consecutively with his prior sentence for a separate offense.

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

STATE OF TN, v. GARY HARRIS, 

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Edward Cantrell Miller      Charles W. Burson
District Public Defender    Attorney General & Reporter 

Lu Ann Ballew               Timothy F. Behan
Assistant Public Defender   Assistant Attorney General

                            Alfred C. Schmutzer, Jr.
                            District Attorney General
    
                            Charles E. Atchley
                            Asst. Dist. Attorney General
                            
Judge: PAUL G. SUMMERS

First Paragraph:

A jury found Gary Harris guilty of manufacturing marijuana in
violation of TN Code Annotated 39-17-417.  Harris appeals and
presents the following issues for our review: I. Whether the evidence
is sufficient to sustain the conviction; and II. Whether the verdict
is supported by the weight of the evidence.

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

STATE OF TN,v. ALFRED B. ROLLINS, et al.,        
w/CONCURRING OPINION

Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:


RICHARD MCGEE                       CHARLES W. BURSON
Washington Square Two, Ste. 417     Attorney General & Reporter
222 Second Ave., N.
Nashville, TN   37201               KATHY M. PRINCIPE
                                    Asst. Attorney General
                        
Judge: C. CREED MCGINLEY

First Paragraph:

The appellant is appealing as of right from an order of the Criminal
Court of Davidson County finding him in criminal contempt.  The order
was entered pursuant to Rule 42(a) of the TN Rules of Criminal
Procedure; that is, the order was issued summarily by the trial judge
in whose presence the appellants conduct occurred, without notice or
hearing.  The appellant challenges the sufficiency of the evidence
supporting the order, the summary procedure used for issuing the
order, and the constitutionality of the statute upon which the order
is partially based and its application here.  

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

STATE OF TN, v. DARROW HILL,     

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

LeRoy Tipton, Jr.           Charles W. Burson
115 East Depot Street       Attorney General and Reporter          
Greeneville, Tn 37743                   
                            Michael J. Fahey
                            Assistant Attorney General
  
                            C. Berkeley Bell, Jr.
                            District Attorney General

                            Eric Christiansen
                            Assistant District Attorney General
 
Judge: LEE RUSSELL

First Paragraph:

This case is an appeal as of right from a conviction by a jury in the
Criminal Court of Greene County, TN, for sexual battery. The
Defendant appeals the admission of certain expert medical and
psychological evidence presented by the State, appeals the exclusion
of evidence concerning physical abuse of the alleged victim by her
spouse, appeals the exclusion of the records of the diagnosis and
treatment of the alleged victim for psychological problems prior to
the alleged sexual battery, appeals a statement made to the jury by
the trial court and the admission of statements made in testimony by
the husband of the victim, appeals the imposition of the maximum
sentence on the Defendant, and challenges the sufficiency of the
evidence to support a finding of guilt beyond a reasonable doubt.  

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

STATE OF TN, v. CHARLES EDWARD JACKSON,

Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:


ARDENA J. GARTH                     CHARLES W. BURSON
District Public Defender            Attorney General & Reporter

DONNA ROBINSON MILLER               DARIAN B. TAYLOR
Asst. District Public Defender      Asst. Attorney General
701 Cherry St., Suite 300           450 James Robertson Pkwy.
Chattanooga, TN  37402              Nashville, TN  37243-0493

                                    GARY D. GERBITZ
                                    District Attorney General

                                    LELAND DAVIS
                                    Asst. District Attorney General
 
Judge: JOHN H. PEAY

First Paragraph:

The defendant was charged in the indictment with attempted
first-degree murder.  He was found guilty at a jury trial and was
sentenced to twenty-two years in the Department of Correction.  In
this appeal as of right, the defendant challenges the sufficiency of
the convicting evidence and the length of his sentence.  

URL:http://www.tba.org/tba_files/TCCA/JACKSONC.CON.WP6
Opinion-Flash

STATE OF TN, v. REX JONES,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Charles M. Corn                 Charles W. Burson
District Public Defender        Attorney General & Reporter

William C. Donaldson            Michael J. Fahey, II
Asst. Dist. Public Defender     Assistant Attorney General

                                Jerry N. Estes
                                District Attorney General

                                Sandra N. Craig Donaghy
                                Asst. Dist. Attorney General

Judge: PAUL G. SUMMERS,

First Paragraph:

The appellant, Rex Jones, was convicted of two counts of rape, two
counts of incest, aggravated child abuse, simple assault, five counts
of child abuse, and six counts of child neglect.  He pled guilty to
eighteen counts of failure to send children to school.  The trial
court set aside one count of rape and one count of incest.  On the
remaining charges, the appellant was sentenced to an effective
sentence of twenty-seven years, eleven months and twenty-eight days. 
(See Appendix).  On appeal, he argues: 1.  The trial court erred by
failing to require the state to answer a Bill of Particulars as to
time and date of the rape charge, 2.  The evidence is insufficient to
support a conviction for aggravated child abuse, and 3.  That his
sentence is excessive.

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

STATE OF TN,v. TIMOTHY LANE, 

Court:TCCA

For the Appellant:              For the Appellee:

J. Timothy Street               Charles W. Burson
and                             Attorney General and Reporter
E. Covington Johnston           
136 Fourth Avenue South         Ellen H. Pollack                
Franklin, TN  37064             Assistant Attorney General 
 
                                Charles D. Baugh
                                District Attorney General
                                and
                                Mark Puryear  
                                Assistant District Attorney General

Judge: Gary R. Wade

First Paragraph:

The defendant, Timothy Lane, appeals the trial court's denial of his
petition for pretrial diversion.  Indicted for aggravated assault, the
defendant claims that the district attorney general abused his
discretion by denying the application and that the trial court should
have granted the request.

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

STATE OF TN, v. HANS VINCENT MORRIS

Court:TCCA

FOR THE APPELLANT:                    FOR THE APPELLEE:  

Tom Marshall                          Charles W. Burson
District Public Defender              Attorney General & Reporter

Katherine J. Kroeger                  Merrilyn Fierman 
Assistant Public Defender             Assistant Attorney General

                                      John Maddox   
                                      Asst Dist. Attorney General
                     
Judge: Robert E. Burch

First Paragraph:

The State has appealed from a ruling of the Criminal Court of Anderson
County in which the trial court ruled that the Juvenile Court of
Anderson County did not have jurisdiction to require a juvenile
traffic offender to attend psychological cou

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

STATE OF TN, v. CHARLES DON VANCE 

Court:TCCA

For Appellant:                  For Appellee:

Edward C. Miller                Charles W. Burson
Public Defender                 Attorney General and Reporter
Fourth Judicial Circuit
P.O. Box 416                    William David Bridges
Dandridge, TN  37725            Assistant Attorney General
 
                                Al Schmutzer, Jr.
                                District Attorney General

                                Charles E. Atchley, Jr.
                                Asst. District Attorney General
                           
Judge: WILLIAM M. DENDER

First Paragraph:

The appellant pled guilty to three counts of the sale of cocaine on
September 25, 1995, and received a sentence of eight years; however,
appellant specifically reserved the right to appeal a certified
question of law pursuant to TN Rules of Criminal Procedure,
Rule 37(b)(2)(iv).  This is his appeal as of right on a certified
question of law that is dispositive of the case.

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

Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/

Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank

Non TBA members are WELCOME to subscribe...it's free!!

Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank


© Copyright 1998 Tennessee Bar Association