TBALink Opinion-Flash

October 30, 1996 -- Volume #2 -- Number #92

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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04-New Opinons From TSC
00-New Opinons From TSC-Rules
01-New Opinons From TSC-Workers Comp Panel
14-New Opinons From TCA
04-New Opinons From TCCA

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TBALink Chief Editor


JANICE HOLDER,              
v.
TENNESSEE JUDICIAL SELECTION COMMISSION and GEORGE T. LEWIS, III,
ESQ., In his Official Capacity as Chairperson of the Tennessee
Judicial Selection Commission,          

Court:TSC

For Appellants:                 For Appellee:

Paul C. Ney, Jr.                Jef Feibelman
Gregory Mitchell                Susan Clark
DORAMUS & TRAUGER               BURCH, PORTER & JOHNSON
Nashville, Tennessee            Memphis, Tennessee

                                and

                                John A. Day
                                BRANHAM & DAY
                                Nashville, Tennessee                          

Judge: ANDERSON

First Paragraph:

We granted this expedited appeal to determine a question of unusual
public importance - whether the issue considered in part VI of the
Special Supreme Court's October 2, 1996 opinion, the residency
requirements for the current Supreme Court vacancy, was before that
Court for determination.  That question is presented in this case. 
Consequently, if the Special Supreme Court did not have subject matter
jurisdiction of that issue, it must be resolved in this proceeding.

URL:http://www.tba.org/tba_files/TSC/JUDSELE2.OPN.WP6
Opinion-Flash

ROGER L. McCLUNG, Individually and on behalf of his Minor Children,
BRIDGET L. McCLUNG, KYLE L. McCLUNG, and BENJAMIN L. McCLUNG,                   
v.
DELTA SQUARE LIMITED PARTNERSHIP, a North Carolina Limited
Partnership, DELTA SQUARE G. P., INC., a North Carolina Corporation,
SAMUEL M. LONGIOTTI, and WAL-MART STORES, INC., a Delaware
Corporation,

Court:TSC

For Appellant:              For Appellee Delta Square Limited
                            Partnership, Delta Square G. P., Inc., 
Bruce S. Kramer             and Samuel M. Longiotti
Melissa R. Magee    
BOROD & KRAMER              John D. Richardson
Memphis, TN                 Kevin Combs
                            THE RICHARDSON LAW FIRM
For Amicus Curiae:          Memphis, TN

Tom Nelson                  For Appellee Wal-Mart Stores, Inc.
National Victim Center              
Arlington, VA               W.O. Luckett, Jr.
                            ROSSIE, LUCKETT, PARKER 
                            & LAUGHLIN
                            Memphis, TN

Jeffrey R. White
Association of Trial Lawyers of America
Washington, D.C.

John H. Stein
National Organization for Victim Assistance
Washington, D.C.  

Tracy Shaw
Alice Margaret Essary
Internation Mass Retail Association
Nashville, TN  

Kenneth R. Shuttleworth
Archie Sanders, III
Tennessee Defense Lawyers Association
Memphis, TN

R. Sadler Bailey
Tennessee Trial Laywers Association
Memphis, TN  

Mary Ann Parker
Trial Lawyers for Public Justice, P.C.
Nashville, TN

Leslie Bruechner
Trial Lawyers for Public Justice, P.C.
Washington, D.C.

Jane Nady Burnley
Victims' Assistance Legal Organization, Inc.
McLean, VA
                         
Judge: WHITE, J.

First Paragraph:

This case presents the question of the continued viability of
Cornpropst v. Sloan, 528 S.W.2d 188 (Tenn. 1975), in which this Court
strictly limited the duty of care owed by owners and occupiers of
business property to customers.  Here, plaintiff's wife, a customer at
a shopping center, was abducted from the parking lot, and later raped
and murdered.  Plaintiff sought recovery against defendants, owners,
operators, and tenants, based on negligence for not providing security
in their parking lot.  The trial court granted summary judgment in
favor of defendants and the Court of Appeals affirmed.  We granted
plaintiff's application for permission to appeal to review the
standard for determining business owner liability for injuries
occurring on the business premises and caused by the criminal acts of
third parties.

URL:http://www.tba.org/tba_files/TSC/MCCLUNGR.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE,         
v.
SMOKY MOUNTAIN SECRETS, INC.,d/b/a TASTE OF TENNESSEE,  ET AL.,                 

Court:TSC

For Plaintiff-Appellant:            For Defendants-Appellees:

Charles W. Burson                   S. Russell Headrick
Attorney General & Reporter         Paul E. Prather
Nashville                           Kathy Laughter Laizure
                                    Armstrong, Allen, Prewitt,
Michael E. Moore                    Gentry, Johnston & Holmes
Solicitor General                   Memphis
Nashville

Elizabeth P. McCarter
Senior Counsel
Nashville
                           
Judge: REID

First Paragraph:

This case presents for review the decision of the Court of Appeals
regarding the constitutionality of certain provisions of the Tennessee
Charitable Solicitations Act.  The case, which was initiated by the
State as an action for declaratory and injunctive relief, is before
the Court on a Rule 9 interlocutory appeal from judgments entered on
motions for summary judgment and dismissal.  See Tenn. R. App. P. 9. 
The State appeals from the decision that certain provisions of the Act
which discriminate against professional solicitors violate the equal
protection provisions of the federal and state constitutions, and from
the decision that certain provisions of the Act which impose financial
obligations on professional solicitors violate the freedom of speech
provisions of those constitutions.  The defendants appeal from the
decision that certain provisions of the Act which require additional
disclosures by professional solicitors do not violate the freedom of
speech or equal protection provisions of the state and federal
constitutions.

URL:http://www.tba.org/tba_files/TSC/SMOKY.OPN.WP6
Opinion-Flash

JUDY G. SPICER,             
v.
BEAMAN BOTTLING COMPANY, BOB BAKER, and DON HOLLINGSHEAD,

Court:TSC

For Appellant:              For Appellees:

Joyce M. Grimes             James W. Cameron, III
Nashville, Tennessee        D. Alexander Fardon
                            Leilani Boulware Southard
                            HARWELL HOWARD HYNE GABBERT
                            & MANNER, P.C.
                            Nashville, Tennessee
                        
Judge: ANDERSON

First Paragraph:

In this appeal, we are asked to determine whether the plaintiff's
action under the Tennessee Human Rights Act was timely filed within
the one-year statute of limitations.  The trial court held that a
hostile environment existed which did not end until plaintiff's
termination, and that therefore her claim of sexual harassment was not
barred.  The Court of Appeals reversed, holding that no act of sexual
harassment occurred within the one-year period, and that the alleged
retaliatory actions did not extend the statute under the continuing
violation exception to the statute of limitations.

URL:http://www.tba.org/tba_files/TSC/SPICER.OPN.WP6
Opinion-Flash

PAMELA D. MILLSAP-FANN, v. AETNA CASUALTY & SURETY COMPANY,                     

Court:TSC - Workers Comp Panel

For the Appellant :             For the Appellee: 
                    
T. Kenan Smith                  Olen G. Haynes
Hodges, Doughty & Carson        Arnold, Haynes & Sanders
617 Main St.                    P.O. Box 1879
P.O. Box 869                    Johnson City, TN  37605
Knoxville, TN 37901-0869
                   
Judge: INMAN

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. The
job-related accident from which the injury and disability arose
occurred April 11, 1992.  The case was heard January 12, 1996
resulting in a judgment that the plaintiff had sustained a 60 percent
disability to her whole body.  The employer appeals and presents for
review the issue of whether the award is excessive.

URL:http://www.tba.org/tba_files/TSC_WCP/millsapx.opn.WP6
Opinion-Flash

CITY OF CHURCH HILL v. DWIGHT S. TAYLOR 

Court:TCA

JOSEPH E. MAY OF CHURCH HILL FOR APPELLANT

WILLIAM E. PHILLIPS OF ROGERSVILLE FOR APPELLEE
                      
Judge:  Goddard

First Paragraph:

This is a suit by the City of Church Hill, acting by and through the
Church Hill Regional Planning Commission, seeking to enjoin Dwight S.
Taylor from developing a mobile home park outside the city limits of
the City of Church Hill, but within an area controlled by the Planning
Commission.

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

ARTHUR v. CLANCY, JR., KATHERINE C. MURPHY, MARY C. KERLEY, JOSEPHINE
C. SWIKARD, and ELIZABETH C. KIDD,
v.
ERIC MICHAEL GEORGESON and  JAMES R. FITZGERALD,            

Court:TCA

NEAL S. MELNICK and LAWRENCE E. AULT, Knoxville, for Appellants.

JOHN M. NORRIS, Strawberry Plains, for Appellees.
                        
Judge: McMurray

First Paragraph:

This case involves a lease agreement entered into between the
appellants (defendants) and the appellees (plaintiffs).  Among other
things, the lease obligated the defendants to pay the city and county
property taxes on the leased premises during the term of the lease. 
Pllaintiffs instituted this action to recover rent, taxes and
prejudgment interest.  After a bench trial the court entered a
judgment against the defendants for $32,507.09, representing rent,
taxes and prejudgment interest.  On this appeal, the appellants
challenge only the ruling of the court regarding prejudgment interest
on the amount of the taxes.  We affirm the trial court.

URL:http://www.tba.org/tba_files/TCA/clancy32.opn.WP6
Opinion-Flash

WILLIAM R. CROSS and wife, LYNDA J. CROSS, v. CITY OF MORRISTOWN,             

Court:TCA

C. EDWARD DANIEL, Knoxville, for plaintiffs-appellants.

ROBERT W. WILLINGHAM and PAMELA L. REEVES, Watson, Hollow & Reeves,
Knoxville, for defendant-appellee.
                      
Judge: McMurray

First Paragraph:

The sole issue presented on this appeal is whether the trial court
erred in his award of damages to the plaintiff, William R. Cross. The
plaintiff contends that the preponderance of the evidence requires an
increase in the amount of damages awarded.  Upon consideration of the
record, we agree that the preponderance of the evidence requires a
greater award of damages.  Accordingly, we modify the judgment of the
trial court to reflect an increase in damages.

URL:http://www.tba.org/tba_files/TCA/cross318.opn.WP6
Opinion-Flash


HAROLD E. ELKINS, v. JOHN F. MILLER,                

Court:TCA

Dudley W. Taylor and David H. Jones, Knoxville, For the Appellant 

Edwin L. Treadway and Mark S. Dessauer, Knoxville, For the Appellee                    

Judge: INMAN

First Paragraph:

This case arises out of the parties' investments, and their investment
practice, with Joseph C. Taylor, deceased. Narrowly drawn, the
plaintiff alleges that, in October 1995, he was induced by Taylor to
loan to Taylor and the defendant the sum of $181,915.00 which would,
post facto, be evidenced by a promissory note and appropriate
collateral.  To accomplish this, the plaintiff purchased three (3)
cashier's checks on October 25, 1996from as many banks, payable to the
defendant, and delivered them to Taylor, who delivered them to the
defendant.  The three checks aggregated $181,915.00

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

JAHN & JAHN, Attorneys,         
v.
SQUARE ENTERPRISES, INC., WILLIAM T. GRIFFIN and wife, PEARL T.
GRIFFIN,

Court:TCA

RICHARD P. JAHN, JR., and J. CHRISTOPHER CLEM, Jahn and Weeks,
Chattanooga for appellants.

C. CREWS TOWNSEND and W. SCOTT PARRISH, Miller and Martin,
Chattanooga, for Appellees.
                         
Judge: McMurray

First Paragraph:

This is an action for the collection of attorney fees.  The plaintiff,
Jahn & Jahn, Attorneys, and its predecessor firms, filed suit to
collect fees for work performed dating back to at least 1975.  Suit
was filed in 1986, but the trial was delayed several times due to
negotiations and the poor health of the parties.

URL:http://www.tba.org/tba_files/TCA/jahnr322.opn.WP6
Opinion-Flash

KYLE A. JUSTICE, v.JOSEPH G. COKER,     
                        
KYLE A. JUSTICE,            
v.
BENNY GREEN, KENNETH JAROCKI, and KELLY JAROCKI, Owners of K.B.
STAVES,

Court:TCA

VIC PRYOR, BASISTA, PRYOR & BALLOFF, Jacksboro, for Plaintiff
Appellant.

JOSEPH G. COKER, Jacksboro, for Defendants-Appellees.
                          
Judge: Franks

First Paragraph:

These cases are combined on appeal because of the relationship of the
parties, and the issues presented. Appellant Justice was the Plaintiff
in a contract dispute between him and the owners of K.B. Staves
(Appellees Benny Green, Kenneth Jarocki, and Kelly Jarocki).  Appellee
Joseph Coker represented the owners of K.B. Staves in that litigation.

URL:http://www.tba.org/tba_files/TCA/JUSTICEK.OP2.WP6
Opinion-Flash

IN THE MATTER OF:             
                          
TERMINATION OF PARENTAL RIGHTS 
OF RICKY LYNN McCOY,          
                                             
AND THE ADOPTION OF          
AMANDA FAITH McCOY            
                          
BY CALVIN DOUGLAS WILLIAMS    
AND SHARON SAUCIER WILLIAMS,

Court:TCA

For Appellant                   For Appellees

SHERRY B. PATY                  W. JEFFREY HOLLINGSWORTH
Paty, Rymer & Ulin, P.C.        MONICA L. ALLIE
Chattanooga, Tennessee          Stophel & Stophel, P.C.
                                Chattanooga, Tennessee

For Guardian Ad Litem

BRUCE H. GUTHRIE, II
Bruce Guthrie, P.C.
Chattanooga, Tennessee
                     
Judge: Susano

First Paragraph:

This is a termination of parental rights case.  Calvin Douglas
Williams and his wife, Sharon Saucier Williams (collectively "the
Williams"), filed a petition seeking to adopt Amanda Faith McCoy
(Amanda), who was born on November 12, 1982.  As a part of the
adoption petition, they also sought to terminate the parental rights
of Amanda's natural father, Ricky Lynn McCoy (Father).  After finding
that Father had abandoned Amanda, the trial court terminated his
parental rights and awarded legal custody of Amanda to the Williams.
Father appeals, raising three issues that present the following
questions: 1.  Did the trial court properly terminate Father's
parental rights and award custody of Amanda to the Williams? 2.  Was
Father denied procedural and substantive due process? 3.  Did the
trial court properly assess all costs, including the fees of the
guardian ad litem, against Father?

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

RHONDA MILLER, v. JERRY LEE MILLER,   

Court:TCA

CYNTHIA M. RICHARDSON, Ogle, Wynn & Radar, Sevierville, for Appellant.

RICHARD T. WALLACE, Ogle and Wallace, P.C., Sevierville for Appellee.
                       
Judge: McMurray

First Paragraph:

In this divorce case, the trial court granted a divorce and divided
the marital estate.  Additionally the wife (plaintiff) was awarded
alimony in solido and attorney's fees.  From this judgment, the
husband (defendant) has appealed.   We affirm the judgment of the
trial court.

URL:http://www.tba.org/tba_files/TCA/mille324.opn.WP6
Opinion-Flash

RUBYE J. MURPHY,
v. 
LEE JACKSON, MAIDA PEARSON, and SHELBY BROADCASTING CORPORATION,

Court:TCA

WILLIAM C. GOSNELL
Memphis, Tennessee
Attorney for Appellant

CHARLES E. CARPENTER
Memphis, Tennessee
Attorney for Appellees
                        
Judge: ALAN E. HIGHERS

First Paragraph:

In this action, the Plaintiff, Rubye J. Murphy, filed suit against the
Defendants, Lee Jackson ("Jackson"), Maida Pearson ("Pearson"), Shelby
Broadcasting Corporation ("corporation") and Larry Garrett
("Garrett"), in order to collect upon a promissory note which was
signed by Garrett and was secured by an assignment of proceeds due
Garrett as shareholder of the corporation.  Jackson, Pearson and the
corporation responded by filing a counterclaim for interpleader by
which they sought to deposit into the court the proceeds due Garrett
as shareholder of the corporation. Citing prior chancery court
proceedings, the Counter-Defendant, Omega Investment Partners
("Omega"), filed a motion to dismiss in which it asserted that the
circuit court lacked subject matter jurisdiction over the proceeds due
Garrett as shareholder of the corporation because the chancery court
first acquired jurisdiction over the proceeds.  The circuit court
granted the motion.  Subsequently, the circuit court entered summary
judgment in favor of Jackson, Pearson and the corporation.  For the
reasons stated hereafter, we affirm the judgment of the trial court.

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

IN THE MATTER OF:             
AMANDA JEAN O'DANIEL,         
                          
JOHN JULIAN O'DANIEL and wife LAQUITTA GAIL O'DANIEL,         
v.
JEANETTE MARIE MESSIER, 

Court:TCA

JOHN R. BRADLEY
Hendersonville, Tennessee
ATTORNEY FOR PLAINTIFFS/APPELLEES

JEANETTE MARIE MESSIER
790 Green Wave Drive #403
Gallatin, Tennessee 37066
PRO SE FOR DEFENDANT/APPELLANT
                    
Judge: HENRY F. TODD

First Paragraph:

The captioned defendant has appealed from the judgment of the Trial
Court denying her petition for visitation with her minor child, now in
the custody of the plaintiffs as foster parents.

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

GINA M. C. SANJINES,  v. J. ARIEL SANJINES, M.D.,

Court:TCA

J. ARIEL SANJINES, M.D., Pro Se.

WILLIAM H. HORTON, Horton, Maddox & Anderson, PLLC, Chattanooga, for
appellee.
                         
Judge: McMurray

First Paragraph:

In this case the appellant, J. Ariel Sanjines (defendant) has filed a
petition, pro se, asking the circuit court of Hamilton County for a
modification of child visitation.  The trial court summarily dismissed
the petition without affording the appellant any type of hearing.  We
reverse the judgment of the trial court.

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

ELLIOTT B. SMITH, JR., M.D.,  v. JERRY L. GOODSON, 

Court:TCA

RICHARD J. BRAUN, Richard J. Braun and Associates, Nashville, for
Appellant.

DAVID E. SMITH and W. TYLER CHASTAIN, Hodges, Doughty & Carson, PLLC,
Knoxville for Appellee.
                        
Judge: McMurray

First Paragraph:

We are called upon in this appeal to determine whether the trial court
erred in dismissing the plaintiff's complaint.  Curiously, the
plaintiff insists that the trial court dismissed the complaint under
the provisions of Rule 12, Tennessee Rules of Civil Procedure, while
the appellee insists that the complaint was dismissed on motion for
summary judgment.  We are unable to ascertain from the record which
motion the court sustained, therefore, we have examined both.  We
affirm the trial court.

URL:http://www.tba.org/tba_files/TCA/smithe32.opn.WP6
Opinion-Flash

ROBERT L. SMITH and wife,ESTHER SMITH,              
v.
KENNETH ANDERSON and wife,  CYNTHIA ANDERSON,       

Court:TCA

JOHN M. CANNON                      KENNETH ANDERSON
Cannon, Cannon & Cooper, P.C.       CYNTHIA ANDERSON
1000 Northchase, Ste. 109           Pro se 
Goodlettsville, TN  37070-0749
Attorney for Plaintiff/Appellant
                        
Judge: WILLIAM H. INMAN

First Paragraph:

This detainer action was filed in the General Sessions Court on
January 5, 1995 to recover possession of real estate and for rent
arrearages.  Judgment of dismissal was rendered August 3, 1995, and
the case was timely appealed to the Circuit Court where it was heard
December 4, 1995 on the issue of damages.  The appeal was dismissed,
in haec verba, for the effective reason that the plaintiffs failed to
prove accrued damages.

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

PORTER WILLIAMS,    
v.
REAL ESTATE APPRAISAL COMMISSION FOR THE STATE OF TENNESSEE,

Court:TCA

CHARLES W. BURSON
Attorney General and Reporter

STEVEN M. RODERICK
Assistant Attorney General
Attorney General's Office
Tax Division
404 James Robertson Parkway
Suite 2121
Nashville, Tennessee  37243-0489
ATTORNEYS FOR PETITIONER/APPELLANT

MICHAEL H. SNEED
Suite 1502, Parkway Towers
Nashville, Tennessee  37219
ATTORNEY FOR RESPONDENT/APPELLEE

Judge: SAMUEL L. LEWIS

First Paragraph:

Petitioner/appellant, Porter Williams, appeals the chancery court's
judgment which confirmed the decision of respondent/appellee, the Real
Estate Appraisal Commission for the State of Tennessee, and denied
appellant relief under a writ of certiorari.  The facts out of which
this matter arose are as follows.

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

    
STATE OF TENNESSEE, v. JAMES KELLY ALLEN, 

Court:TCCA

FOR THE APPELLANT:      FOR THE APPELLEE:

James K. Allen          Charles W. Burson
Pro Se                  Attorney General & Reporter 
5350 Epps Mill Rd.
Christiana, TN 37037    Michael J. Fahey, II
                        Assistant Attorney General
    
                        William C. Whitesell, Jr.
                        District Attorney General

                        Paul A. Holcombe, III
                        Asst. Dist. Attorney General

Judge: PAUL G. SUMMERS

First Paragraph:

The appellant, James Kelly Allen, was convicted by a jury of criminal
trespass and assault.  He was sentenced to 11 months and 29 days with
all but 5 days of the sentence suspended.  The appellant was ordered
to pay fines and restitution totaling $3829.00.  In his pro se appeal,
the appellant contends that he received ineffective assistance of
counsel.  We affirm the trial court.

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

NEIL E. BRIDGES, v. STATE OF TENNESSEE,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

TERRY J. CANADY                 CHARLES W. BURSON
211 Printer's Alley Building    Attorney General and Reporter
Suite 400
Nashville, TN 37201             ELLEN H. POLLACK
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                VICTOR S. JOHNSON
                                District Attorney General

                                JON SEABORG
                                Assistant District Attorney General
                                Washington Square Building
                                222 Second Avenue, North
                                Nashville, TN 37201

Judge: DAVID H. WELLES,

First Paragraph:

This is an appeal as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure.  The Defendant appeals from an order of
the trial court denying him post-conviction relief.  The Defendant
presents one issue for review: that he was incompetent to enter a
guilty plea.   We affirm the action of the trial court.

URL:http://www.tba.org/tba_files/TCCA/BRIDGESN.OP2.WP6
Opinion-Flash

STATE OF TENNESSEE, v. TONY D. BURTON,  

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Charles S. Ramsey, Jr.      Charles W. Burson                                      
Attorney at Law             Attorney General & Reporter 
113 West Court Square
McMinnville, TN  37110      Sarah M. Branch
                            Assistant Attorney General
    
                            C. Michael Layne
                            District Attorney General

                            Stephen E. Weitzman
                            Asst. Dist. Attorney General

Judge: PAUL G. SUMMERS

First Paragraph:

The appellant, Tony D. Burton, was convicted by a jury of driving
under the influence of an intoxicant, third offense, and violation of
the implied consent law.  He was sentenced to 11 months and 29 days in
the county jail.  His sole contention on appeal is that his sentence
is excessive.

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

STATE OF TENNESSEE, v.BEN INGRAM, 

Court:TCCA

For the Appellant:              For the Appellee:

Dan R. Alexander                Charles W. Burson
2016 8th Avenue, South          Attorney General of Tennessee
Nashville, TN 37204             and
                                Karen M. Yacuzzo
A. Jackson Dearing, III         Assistant Attorney General of Tennessee
117 South Main Street           450 James Robertson Parkway
Shelbyville, TN 37160           Nashville, TN 37243-0493 
                        
                                William Michael McCowan
                                District Attorney General
                                215 E. College
                                P.O. Box 904
                                Fayetteville, TN 37334
                                    and     
                                Weakley E. Barnard
                                Assistant District Attorney General
                                Marshall County Courthouse
                                Lewisburg, TN 37091
                        

Judge: Joseph M. Tipton

First Paragraph:

The defendant, Ben Ingram, pled guilty in the Marshall County Circuit
Court to three counts of selling over one-half gram of cocaine base, a
Schedule II controlled substance.  As a Range I, standard offender,
the defendant received for these Class B felonies three concurrent
eight-year sentences.  However, the trial court ordered the defendant
to be placed in the community corrections program, subject to serving
365 days in jail (work release granted), followed by 323 days house
arrest, with the balance of the sentence to be suspended with the
defendant on probation for a period of ten years.  In this appeal as
of right, the defendant contends that the trial court erred in
allowing a presentence report to be considered which contained
information regarding a mere arrest and in imposing too severe a
sentence .  We believe the defendant was properly sentenced.

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

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