TBALink Opinion-Flash

October 03, 1996 -- Volume #2 -- Number #84

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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19-New Opinons From TCCA

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TBALink Chief Editor


WILLIAM J. CHASE, JR., As Administrator C.T.A. of the Estate of BETTY
LOU STIDHAM, Deceased,
v.
THE CITY OF MEMPHIS, 

Court:TCA

John J. Heflin III, Bourland, Heflin,
Alvarez, Holley & Minor, PLC, of Memphis
For Plaintiff-Appellee

Monice Moore Hagler, City Attorney
Robert M. Fargarson, Assistant City Attorney
Martin W. Zummach
For Defendant-Appellant                         

Judge:W. FRANK CRAWFORD

First Paragraph:

This appeal involves a suit for wrongful death based on negligence
under the Tennessee Governmental Tort Liability Act, T.C.A.  
29-20-101 et seq. (1980) and for wrongful death based on the creation
of a special relationship and a nuisance.  Defendant, the City of
Memphis, appeals from the trial courts judgment in favor of
plaintiff, William J. Chase, as Administrator C.T.A. of the Estate of
Betty Lou Stidham.  The trial court, sitting without a jury, found
that plaintiffs damages totaled $1,897,713.03, and that the Citys
negligence caused 40 percent of those damages.  However, because of
the application of the Tennessee Governmental Tort Liability Act
(hereinafter the Act), the court limited plaintiffs recovery to
$130,000.00, and entered a judgment in that amount.

URL:http://www.tba.org/tba_files/TCA/Chasewil.opn.WP6
Opinion-Flash

BERTHA L. PATE, 
v.
SERVICE MERCHANDISE CO., INC., MICHAEL THOMAS, MANAGER, LISA DUNCAN,
VELMA WILSON,

Court:TCA

George E. Skouteris, Sr., of Memphis
John W. Leach of Memphis
For Appellant

Gail O. Mathes of Memphis
For Appellees
                         
Judge: W. FRANK CRAWFORD

First Paragraph:

This is a defamation case.  Plaintiff, Brenda L. Pate, appeals from
the order of the trial court granting summary judgment to defendants,
Service Merchandise, Co., Inc., Michael Thomas, Lisa Duncan, and Velma
Wilson.  The sole issue is whether the trial court erred in granting
the defendants motion for summary judgment.

URL:http://www.tba.org/tba_files/TCA/Pateb.opn.WP6
Opinion-Flash

STATE OF TENNESSEE, v. MICHAEL RALPH ALFORD,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

David L. Hamblen            Charles W. Burson
Attorney at Law             Attorney General & Reporter 
303 West Church Street     
Union City, TN 38261        Charlotte Rappuhn
                            Assistant Attorney General
At Trial:                   450 James Robertson Parkway
Jesse Hill Ford, III        Nashville, TN 37243
Attorney at Law 
111 West Main Street        Jerry Woodall
Jackson, TN 38301           District Attorney General

                            Donald H. Allen
                            Asst. Dist. Attorney General
                            P.O. Box 2825
                            Jackson, TN 38302
                        
Judge: PAUL G. SUMMERS

First Paragraph:

The appellant, Michael Ralph Alford, was convicted by a jury of
aggravated assault by reckless conduct.  Sentenced as a Range I
offender, the appellant received a four-year sentence with all but
sixty days suspended.  In addition, he was ordered to perform two
hundred hours of community service and to pay restitution of $4,791.01
to the victim and $68,589.09 to the victims health insurance
provider.

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

STATE OF TENNESSEE, v. DOCK BATTLES,    

Court:TCCA

For the Appellant:      For the Appellee:

Dock Battles, Pro Se    Charles W. Burson
3037 Dearing            Attorney General of Tennessee
Memphis, TN  38118      and
                        Clinton J. Morgan
                        Assistant Attorney General                              
                        450 James Robertson Parkway
                        Nashville, TN  37243-0493

                        John W. Pierotti
                        District Attorney General
                            and
                        James C. Beasley, Jr.
                        Assistant District Attorney General
                        201 Poplar Avenue
                        Memphis, TN  38103-1947
                       
Judge: Joseph M. Tipton

First Paragraph:

The defendant, Dock Battles, appeals as of right from his conviction
for possession of cocaine with the intent to deliver, a Class B
felony.  He received a ten year sentence in the Department of
Correction as a Range one standard offender.  The defendant presents
the following issues for our review: (1)   whether the trial court
erred in admitting evidence tainted by an unlawful arrest; (2) 
whether the defendant was denied the effective assistance of counsel
during a suppression hearing; (3)   whether the trial court erred in
denying  the defendant's request for a hearing pursuant to Franks v.
Delaware, 438 U.S. 154, 98 S. Ct. 2674 (1978); (4)   whether the trial
court should have required the prosecution to disclose the identity of
a confidential informant and whether  the defendant was denied the
right to confrontation at the suppression hearing; (5)   whether the
trial court erred in denying  the defendant's motion for an
investigator; (6)   whether the defendant was subjected to double
jeopardy; (7)   whether the trial court erred in failing to instruct
on lesser included offenses; (8)   whether the prosecutor's closing
argument was improper; (9)   whether there was sufficient evidence of
the amount of cocaine; (10)  whether the trial court erred in allowing
a law enforcement officer to testify as to the street value of
cocaine; (11)  whether the defendant was denied effective appellate
review; and (12)  whether the trial court erred in sentencing  the
defendant as a Class B felon;

URL:http://www.tba.org/tba_files/TCCA/battldo.opn.WP6
Opinion-Flash

STATE OF TENNESSEE, v. KEVIN SHAWN CAMPBELL,   

Court:TCCA

For the Appellant:              For the Appellee:

Barton F. Robison               Charles W. Burson
104 W. Washington St.           Attorney General of Tennessee
Paris, TN 38242                 and
                                Michael J. Fahey, II
                                Asst Attorney General of Tennessee                  
                                450 James Robertson Parkway     
                                Nashville, TN 37243-0493

                                G. Robert Radford
                                District Attorney General
                                111 S. Paris St.
                                P.O. Box 686
                                Huntingdon, TN 38344
                        
Judge: Joseph M. Tipton

First Paragraph:

The defendant, Kevin Shawn Campbell, was convicted upon pleas of
guilty in the Henry County Circuit Court for burglary, a Class D
felony, and theft of property valued at under one thousand dollars, a
Class E felony.  He was sentenced as a Range I, standard offender to
two years for the burglary and one year for the theft to be served
concurrent with one another.  He was also ordered to pay a total of
$1,467.00 in restitution.  His sentences are to be suspended and
supervised probation imposed after the service of ninety days in the
county jail.  In this appeal as of right, the defendant contends that
the trial court erred in denying him either a two-year community
corrections sentence or full probation.  We disagree.

URL:http://www.tba.org/tba_files/TCCA/campshaw.opn.WP6
Opinion-Flash

STATE OF TENNESSEE, v. DAVID CLIFF,     

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

D. Tyler Kelly                  Charles W. Burson
Hardee, Martin & Jaynes         Attorney General & Reporter
213 East Lafayette Street       450 James Robertson Parkway
Jackson, TN 38301               Nashville, TN 37243-0497
(On Appeal)
                                Robin L. Harris
G. Stephen Davis                Assistant Attorney General
District Public Defender        450 James Robertson Parkway
P. O. Box 742                   Nashville, TN 37243-0493
Dyersburg, TN 38025-0742
(At Trial)                      C. Phillip Bivens
                                District Attorney General
                                P. O. Drawer E
                                Dyersburg, TN 38025-2005                       

Judge: Joe B. Jones

First Paragraph:

The appellant, David Cliff, was convicted of aggravated assault, a
Class C felony, by a jury of his peers.  The trial court found that
the appellant was a persistent offender and imposed a Range III
sentence of confinement for fourteen (14) years in the Department of
Correction.  In this Court, the appellant presents three issues for
review.  He contends that the evidence is insufficient to support the
verdict of the jury, the sentence imposed by the trial court is
excessive, and the trial court erred in refusing to afford him an
evidentiary hearing on the issue of whether he was denied his
constitutional right to the effective assistance of counsel.  After a
thorough review of the record, the briefs of the parties, and the
authorities that govern 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/cliffdav.opn.WP6
Opinion-Flash

STATE OF TENNESSEE, v. LARRY CUNNINGHAM,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

C. Michael Robbins              Charles W. Burson
Assistant Public Defender       Attorney General & Reporter
P.O. Box 700                    500 Charlotte Avenue
Somerville, TN 38068            Nashville, TN 37243-0497

OF COUNSEL:                     William David Bridgers
                                Assistant Attorney General
Gary F. Antrican                450 James Robertson Parkway
District Public Defender        Nashville, TN 37243-0493
P.O. Box 700                          
Somerville, TN 38068            Elizabeth T. Rice
                                District Attorney General                                   
                                302 Market Street       
                                Somerville, TN 38068
                       
Judge: Joe B. Jones

First Paragraph:

The appellant, Larry Cunningham, was convicted of possessing more than
.5 grams of cocaine with the intent to sell or deliver, a Class B
felony, upon his plea of guilty to the offense.  The trial court found
that the appellant was a standard offender and imposed a Range I
sentence consisting of a $2,000 fine and confinement for eight (8)
years in the Department of Correction.  The trial court permitted the
appellant to serve his sentence pursuant to the Tennessee Community
Corrections Act, Tenn. Code Ann.  40-36-101, et. seq.  The appellant
was permitted to reserve a certified question of law that is
dispositive of the prosecution, namely, whether the trial court erred
in denying his motion to dismiss the indictment when the State of
Tennessee refused to honor its promise to dismiss the prosecution
after he assisted police in several drug cases.  After a thorough
review of the record, the briefs of the parties, and the authorities
that control the issue, 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/cunnlary.o.WP6
Opinion-Flash

STATE OF TENNESSEE, v. CHRIS FREEMAN,   

Court:TCCA

FOR THE APPELLANT:               FOR THE APPELLEE:


VANEDDA PRINCE                  CHARLES W. BURSON
P.O. Box 26                     Attorney General & Reporter
Union City, TN  38281
    (On Appeal)                 ELLEN H. POLLACK
                                Asst. Attorney General
WILLIAM L. JOHNSON              450 James Robertson Pkwy.
Suite 150, Morgan Keegan Tower  Nashville, TN  37243-0493
50 North Front St.
Memphis, TN  38103              AMY EVERHART
    (At Trial)                  Legal Assistant
                                Office of the Attorney General

                                THOMAS A. THOMAS
                                District Attorney General
                                27th Judicial District
                                P.O. Box 218
                                Union City, TN  38281                        

Judge: JOHN H. PEAY

First Paragraph:

The defendant was charged in the indictment with reckless
endangerment, unlawful possession of a weapon, and two counts of
attempted first degree murder.  On August 23, 1995, he was convicted
at a jury trial of reckless endangerment, unlawful possession of a
weapon, and two counts of attempted second-degree murder.  The trial
court sentenced the defendant to two consecutive fifteen year terms
for the two counts of attempted second-degree murder, a concurrent
three year term for reckless endangerment, and a concurrent three year
term for unlawful possession of a weapon.  In this appeal as of right,
the defendant challenges the sufficiency of the convicting evidence,
the length of his sentences, and the trial courts imposition of
consecutive sentences for his attempted second-degree murder
convictions.  We find that the defendants issues on appeal lack
merit, and his convictions and sentences are therefore affirmed.

URL:http://www.tba.org/tba_files/TCCA/Freex.opn.WP6
Opinion-Flash

STATE OF TENNESSEE, v. PETER GUNN,  

Court:TCCA

For the Appellant:          For the Appellee:

AC Wharton                  Charles W. Burson                          
Public Defender             Attorney General and Reporter

Walker Gwinn                Michael E. Moore
Asst. Public Defender       Solicitor General        
201 Poplar Suite 2-10   
Memphis, TN  38103          Carolyn Piphus
                            Assistant Attorney General                          
                            Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493                
                        
                            John W. Pierotti
                            District Attorney General

                            Amy Weirick
                            Asst. District Attorney General
                            201 Poplar Avenue
                            Memphis, TN 38103
                         
Judge: David G. Hayes

First Paragraph:

The appellant, Peter Gunn, was found guilty by a jury of the unlawful
possession of cocaine with the intent to deliver, a class C felony. 
The Criminal Court of Shelby County imposed a sentence of six years in
the county workhouse and a fine of $5,000.  The appellant now appeals
his conviction contending that (1) the evidence is not sufficient to
sustain the jury's verdict and (2) the trial court erred by failing to
instruct the jury on the lesser offense of delivering a counterfeit
controlled substance.

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

STATE OF TENNESSEE, v. JENNIFER ANN KING,   

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

A. Russell Larson           Charles W. Burson
Attorney at Law             Attorney General & Reporter
211 Main Street, East       450 James Robertson Parkway
Jackson, TN 38301           Nashville, TN 37243-0497

                            William D. Bridgers
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0497

                            James G. Woodall
                            District Attorney General
                            P.O. Box 2825
                            Jackson, TN 38302-2825

                            Lawrence E. Nicola
                            Assistant District Attorney General
                            P.O. Box 2825
                            Jackson, TN 38302-2825

Judge: Joe B. Jones

First Paragraph:

The appellant, Jennifer Ann King, entered pleas of guilty to the
offenses of vehicular homicide by intoxication, a Class C felony, and
contributing to the delinquency of a minor, a Class A misdemeanor. 
The trial court imposed a Range I sentence consisting of a $1,000 fine
and confinement for six (6) years in the Department of Correction. 
The appellant was sentenced to pay a fine of $250 and serve eleven
months and twenty-nine days for the offense of contributing to the
delinquency of a minor.  The trial court ordered that the appellant
would be required to serve eleven months and twenty-nine days in the 
Madison County Jail or Workhouse with the balance of the sentence for
vehicular homicide suspended.  In this Court, the appellant contends
that the trial court improperly sentenced her and refused to suspended
the entire sentence.  This Court is of the opinion that the judgment
of the trial court should be affirmed.

URL:http://www.tba.org/tba_files/TCCA/Kingja.opn.WP6
Opinion-Flash

GEORGE L. McGHEE, v. STATE OF TENNESSEE,        

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

W. Mark Ward                Charles W. Burson
Attorney at Law             Attorney General & Reporter
147 Jefferson Avenue        450 James Robertson Parkway
Memphis, TN 38103           Nashville, TN 37243-0497

                            William David Bridgers
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493
                         
Judge: Joe B. Jones

First Paragraph:

The appellant, George L. McGhee, has filed an application for
permission to appeal pursuant to Tenn. Code Ann.  40-30-217(c).  He
seeks relief from a judgment of the trial court dismissing his motion
to reopen a prior post-conviction suit.  He asks this Court to grant
his application for permission to appeal, hear the matter on the
merits, and, if relief is granted, waive the notice of appeal
requirement.  This Court finds that the trial court did not abuse its
discretion in denying the motion to reopen.  The appellant failed to
state a ground that is cognizable, and the suit is barred by the
statute of limitations.  Consequently, the application for permission
to appeal is denied.

URL:http://www.tba.org/tba_files/TCCA/Mcgheegr.opn.WP6
Opinion-Flash

MICHAEL EUGENE SAMPLE,                          
v.
STATE OF TENNESSEE,     

LARRY McKAY,        
v.
STATE OF TENNESSEE, 

Court:TCCA

For Appellant Sample:           For the Appellee
David M. Eldridge               Charles W. Burson
606 W. Main Ave.                Attorney General & Reporter
P.O. Box 1126                   450 James Robertson Parkway
Knoxville, TN 37902             Nashville, TN 37243-0493

Harry R. Reinhart               John H. Baker, III          
536 South High Street           Asst. Attorney General & Reporter
Columbus, OH 43215-5605         450 James Robertson Parkway
                                Nashville, TN 37243-0493
For Appellant McKay:
Jacob M. Dickinson, IV          John W. Pierotti
648 Poplar Ave.                 District Attorney General
Memphis, TN 38105-4512
                                Reginald R. Henderson
David C. Stebbins               Asst. District Attorney General
8 East Long Street              201 Poplar Ave.
Columbus, OH 43215              Memphis, TN 38103
                                              
Judge: William M. Barker

First Paragraph:

The appellants, Michael Eugene Sample and Larry McKay, appeal as of
right from the Shelby County Criminal Courts judgments denying their
petitions for post-conviction relief.  The appellants were each
convicted in a joint trial of two counts of felony murder and
sentenced to death in November of 1982.  Their convictions and
sentences were affirmed on direct appeal by the Tennessee Supreme
Court, and a petition for writ of certiorari was denied by the United
States Supreme Court.  State v. McKay & Sample, 680 S.W.2d 447 (Tenn.
1984), cert. denied, 470 U.S. 1034 (1985).  Initial suits for
post-conviction relief were denied by the trial court and affirmed on
appeal.  Larry McKay & Michael Eugene Sample v. State, No. 25 (Tenn.
Crim. App., Mar. 1, 1989, Jackson), perm. to appeal denied, (Tenn.
1989).  Subsequent petititions for post-conviction relief filed by
each were also denied by the trial court and affirmed on appeal. 
Michael E. Sample & Larry McKay v. State, No. 02C01-9104-CR-00062
(Tenn. Crim. App., Feb. 15, 1995, Jackson)(application for permission
to appeal pending).

URL:http://www.tba.org/tba_files/TCCA/Mckaylay.wpd.WP6
Opinion-Flash

REGINALD HILL, v. STATE OF TENNESSEE,   

Court:TCCA

FOR THE APPELLANT:      FOR THE APPELLEE:

LINDA K. PARSON         CHARLES W. BURSON
200 Jefferson Avenue    Attorney General and Reporter
Memphis, TN 38103
                        ROBIN L. HARRIS
                        Assistant Attorney General
                        450 James Robertson Parkway
                        Nashville, TN 37243-0493

                        JOHN W. PIEROTTI
                        District Attorney General

                        JAMES C. BEASLEY, JR.
                        Assistant District Attorney General
                        Criminal Justice Complex, 3rd Floor
                        201 Poplar Avenue
                        Memphis, TN 38103
                         
Judge: DAVID H. WELLES

First Paragraph:

The Petitioner appeals pursuant to Rule 3 of the Tennessee Rules of
Appellate Procedure from the trial courts denial of his petition for
post-conviction relief.  The Petitioner is detained in the Tennessee
Department of Correction for a life sentence as an habitual offender. 
The conviction in question is a burglary conviction which triggered
the habitual offender conviction.  The Petitioner appeals from the
trial courts judgment that his guilty plea was properly entered.  We
affirm the judgment of the trial court.

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

STATE OF TENNESSEE, v. ROBERT M. RUSSELL,

Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:

Charles W. Burson                   Carthel L. Smith, Jr.
Attorney General                    Attorney at Law
                                    85 East Church
Rebecca L. Gundt                    Lexington, TN 38351
Assistant Attorney General          
450 James Robertson Parkway
Nashville, TN 37243-0493
                            
Jerry Woodall
District Attorney General

James W. Thompson
Assistant District Attorney General
Lowell Thomas State Office Building
Jackson, TN 38301
                        
Judge: JERRY SCOTT

First Paragraph:

This is an appeal by the State from a judgment granting a motion to
suppress the evidence seized pursuant to a search warrant. On May 24,
1993, Stuart Mills obtained a search warrant for the home of Mike
Russell citing as the reason for having probable cause to believe that
Mr. Russell was in possession of controlled substances that the
Affiant (Mr. Mills): has received the following information from Chief
Roger Loftin of the Lexington Police Dept.  Chief Loftin received
information from a citizen informant who stated they had been on the
premises within the past 72 hours and had seen controlled substances
on the premises.

URL:http://www.tba.org/tba_files/TCCA/Russr.opn.WP6
Opinion-Flash

STATE OF TENNESSEE, v. FRENCH R. SELDON,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

W. MARK WARD                    CHARLES W. BURSON
Assistant Public Defender       Attorney General and Reporter
147 Jefferson, Suite 900
Memphis, TN 38103               CHARLOTTE H. RAPPUHN
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                JOHN W. PIEROTTI
                                District Attorney General

                                ROBERT CARTER
                                Assistant District Attorney General
                                Criminal Justice Center
                                201 Poplar Avenue, Room 301
                                Memphis, TN 38103
                        
Judge: DAVID H. WELLES

First Paragraph:

The Defendant appeals his conviction as of right pursuant to Rule 3 of
the Tennessee Rules of Appellate Procedure. He was convicted on a jury
verdict of aggravated robbery and was sentenced as a Range II multiple
offender to fifteen years to be served in the Department of
Correction.

URL:http://www.tba.org/tba_files/TCCA/Seldonfr.opn.WP6
Opinion-Flash

STATE OF TENNESSEE,v. GRAPLE SIMPSON,

Court:TCCA

FOR THE APPELLEE:       FOR THE APPELLANT:

Lloyd R. Tatum          Charles W. Burson
Attorney at Law         Attorney General & Reporter 
124 East Main Street
P.O. Box 293            William David Bridgers
Henderson, TN 38340     Assistant Attorney General
                        Criminal Justice Division
                        450 James Robertson Parkway
                        Nashville, TN 37243-0493

                        Elizabeth T. Rice
                        District Attorney General

                        Ed Neal McDaniel
                        Asst. Dist. Attorney General
                        302 Market Street
                        Somerville, TN 38068                         

Judge: PAUL G. SUMMERS

First Paragraph:

The appellee, Graple Simpson, was indicted for possession of a
schedule II narcotic with the intent to sell.  Following a summary
administrative forfeiture, the appellee moved the trial court to
dismiss the criminal charge.  She argued that the double jeopardy
clause prohibited further criminal prosecution.  The trial judge
granted the appellee's motion and the state appealed.  We reverse and
remand.

URL:http://www.tba.org/tba_files/TCCA/Simpgra.opn.WP6
Opinion-Flash

STATE OF TENNESSEE, v. RONNIE WILLIAM (BILLY) TAYLOR,
w/DISSENTING OPINION

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Tom W. Crider               Charles W. Burson
District Public Defender    Attorney General & Reporter
107 South Court Square      450 James Robertson Parkway
Trenton, TN 38382           Nashville, TN 37243-0497

                            Michael J. Fahey, II
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0485

                            Clayburn L. Peeples
                            District Attorney General
                            109 East First Street
                            Trenton, TN 38382-1841

                            Gary R. Brown
                            Assistant District Attorney General
                            109 East First Street
                            Trenton, TN 38382-1841                         

Judge: Joe B. Jones

First Paragraph:

The appellant, Ronnie William (Billy) Taylor, appeals as of right from
a judgment of the trial court revoking his community corrections
sentences and ordering that the three sentences previously imposed by
the court be served consecutively.  The appellant contends that the
sentences imposed in two of the three cases had expired prior to the
institution of the revocation proceedings.  The judgment of the trial
court is affirmed.

URL:http://www.tba.org/tba_files/TCCA/taylbil.opn.WP6
URL:http://www.tba.org/tba_files/TCCA/Taybil.dis.WP6
Opinion-Flash

STATE OF TENNESSEE, v. DAVEY JOE VINEYARD, and JIMMY LEE COCKBURN,  

Court:TCCA

FOR THE APPELLANTS                  FOR THE APPELLEE

Kenneth L. Miller                   Charles W. Burson
Logan, Thompson, Miller, Bilbo,     Attorney General & Reporter  
    Thompson & Fisher, P.C.
P.O. Box 191                        Hunt S. Brown
Cleveland, TN  37364-0191           Assistant Attorney General                                  
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493
                    
                                    Jerry N. Estes
                                    District Attorney General
                               
                                    Joseph A. Rehyansky
                                    Asst District Attorney General
                                    93 Ocoee St. N., Ste. 200
                                    P.O. Box 1351
                                    Cleveland, TN  37364
                          
Judge: JOHN K. BYERS

First Paragraph:

The Defendants entered pleas of guilty and reserved the right to
appeal the following issue only: DID THE TRIAL COURT ERR IN DENYING
DEFENDANTS MOTION TO SUPPRESS BECAUSE THE STOP OF DEFENDANTS VEHICLE
WAS MADE WITHOUT PROBABLE CAUSE AND WAS A PRETEXTUAL STOP MADE FOR
ILLEGAL REASONS? The trial judge found the stop to be lawful. The
judgment of the trial court is affirmed. The states evidence in this
case came from Detective Gates, a narcotics officer with the city of
Cleveland.

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

STATE OF TENNESSEE, v. DANNY WALKER,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

J. Diane Stoots                 Charles W. Burson
Assistant Public Defender       Attorney General and Reporter
107 South Court Square
Trenton, TN  38382              Christina S. Shevalier
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN  37243

                                Clayburn Peeples
                                District Attorney General
                                109 East First Street
                                Trenton, TN  38382
                         

Judge: JERRY L. SMITH

First Paragraph:

Appellant Danny Walker appeals the judgment of the Crockett County
Circuit Court revoking his community corrections sentence and
resentencing him to six years in the Tennessee Department of
Correction.  On October 13, 1994, Appellant pled guilty to the sale of
cocaine under 0.5 grams and was sentenced to three years of community
corrections.

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

STATE OF TENNESSEE, v HOWARD LUROY WILLIAMSON, Jr.,     

Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:

Daniel J. Taylor                    Charles W. Burson
Assistant Public Defender           Attorney General and Reporter
227 West Baltimore          
Jackson, TN  38301                  Elizabeth T. Ryan
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493
        
                                    Jerry Woodall
                                    District Attorney General

                                    Don Allen
                                    Assistant District Attorney
                                    P. O. Box 2825
                                    Jackson, TN  38302                          

Judge: JERRY L. SMITH

First Paragraph:

Appellant Howard Luroy Williamson, Jr. pled guilty to one count of
robbery in the Madison County Circuit Court.  As a Range I standard
offender, he received a sentence of three years in the Tennessee
Department of Correction.  The trial court suspended this sentence in
favor of a three-year period of probation.  However, during the
probationary period, Appellants probation officer filed several
probation violation reports.  As a result of the alleged violations,
the trial court conducted a probation revocation hearing.  Following
the hearing, the trial court revoked Appellants probation and ordered
the imposition of the original three-year sentence of confinement.  In
this appeal, Appellant presents the following issue for review:
whether the trial court erred in revoking his probation and in
imposing the original three-year sentence of confinement.

URL:http://www.tba.org/tba_files/TCCA/Willhow.opn.WP6

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