TBALink Opinion-Flash

January 02, 1997 -- Volume #3 -- Number #001

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 Opinions From TSC
00-New Opinions From TSC-Rules
00-New Opinions From TSC-Workers Comp Panel
00-New Opinions From TCA
07-New Opinions 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


STATE OF TENNESSEE
vs.
THOMAS H. ALDRIDGE

Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:

Marvin E. Ballin                    Charles W. Burson
Attorney at Law                     Attorney General & Reporter
200 Jefferson Avenue, Suite 1250    500 Charlotte Avenue
Memphis, TN 38103                   Nashville, TN 37243-0497

Mark A. Mesler                      Clinton J. Morgan
Attorney at Law                     Assistant Attorney General
200 Jefferson Avenue, Suite 1250    450 James Robertson Parkway
Memphis, TN 38103                   Nashville, TN 37243-0493

                                    John W. Pierotti
                                    District Attorney General
                                    201 Poplar Avenue, Third Floor
                                    Memphis, TN 38103

                                    Terrell L. Harris
                                    Asst District Attorney General
                                    201 Poplar Avenue, Third Floor
                                    Memphis, TN 38103                          

Judge: Jones

First Paragraph:

The appellant, Thomas H. Aldridge, was convicted of driving while
under the influence, a Class A misdemeanor, leaving the scene of an
accident, a Class A misdemeanor, and driving after having been
declared a habitual vehicle offender, a Class E felony, following his
pleas of guilty to these offenses.  The trial court imposed the
following sentences pursuant to the plea bargain agreement:
a.) Driving while intoxicated, a fine of $500 and confinement for
thirty (30) days in the Shelby County Correctional Center,
twenty-eight days of the sentence was suspended; b.)    Leaving the
scene of an accident, a fine of $500;  and c.)  Driving after having
been declared a habitual vehicle offender, a Range I, standard
offender sentence consisting of a $500 fine and confinement for one
(1) year in the Shelby County Correctional Center. AFFIRMED.

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

STATE OF TENNESSEE
vs.
ROBERT LEE BOYD, JR.

Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:

W. JEFFERY FAGAN                    CHARLES W. BURSON
Asst. District Public Defender      Attorney General & Reporter
117 Forrest Ave. North
P.O. Box 663                                        
Camden, TN  38320                   SARAH M. BRANCH
                                    Counsel for the State
                                    450 James Robertson Pkwy.
                                    Nashville, TN  37243-0493

                                    ROBERT "GUS" RADFORD
                                    District Attorney General
                                    P.O. Box 686
                                    Huntingdon, TN  38344                         

Judge: PEAY

First Paragraph:

The defendant was indicted on November 7, 1994, for the first-degree
murder of Lisa C. Stewart.  A jury convicted him of second-degree
murder and fined him fifty thousand dollars ($50,000).  After a
hearing, the defendant was sentenced to twenty-five years in the
Department of Correction.  In this appeal as of right, the defendant
contends that the evidence was insufficient to justify a finding of
guilt beyond a reasonable doubt.  After a review of the entire record,
we find that this issue is without merit, and therefore, his
conviction is affirmed.

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

STATE OF TENNESSEE
vs.
ANTONIO M. BYRD

Court:TCCA

For Appellant:                  For Appellee:

Paula Skahan                    Charles W. Burson
140 North Third Street          Attorney General & Reporter 
Memphis, TN  38103
                                William David Bridges           
Gerald Skahan                   Assistant Attorney General
140 North Third Street          450 James Robertson Parkway
Memphis, TN  38103              Nashville, TN  37243-0493
(at trial only)
                                James J. Challen, III
                                    and
                                John W. Campbell
                                Asst. District Attorneys General
                                201 Poplar Avenue
                                Memphis, TN  38103                           

Judge: WADE

First Paragraph:

The defendant, Antonio M. Byrd, was convicted of especially aggravated
kidnapping, especially aggravated robbery, aggravated rape, and first
degree murder.  Seventeen years old when the offenses occurred, the
defendant was sentenced to life without the possibility of parole for
the murder conviction.  The trial court imposed concurrent
twenty-three-year sentences on the other offenses, to be served
consecutively to the life term.  AFFIRMED AS MODIFIED.

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

STATE OF TENNESSEE
vs.
CAROLYN L. CURRY

Court:TCCA

CHARLES W. BURSON                   DONALD E. PARISH
Attorney General & Reporter         Ivey, Parish & Johns
                                    124 East Paris St.
TIMOTHY F. BEHAN                    P.O. Box 229
Asst. Attorney General              Huntingdon, TN  38344
450 James Robertson Pkwy.
Nashville, TN  37243-0493

ROBERT RADFORD
District Attorney General

ELEANOR CAHILL
Asst. District Attorney General
P.O. Box 686
Huntingdon, TN  38344
                          
Judge: PEAY

First Paragraph:

The defendant was charged in the indictment with theft of property
valued between ten thousand dollars ($10,000) and sixty thousand
dollars ($60,000).  On September 21, 1995, she filed an application
for pretrial diversion.  The district attorney general denied the
application on September 28, 1995.  The defendant then filed a
petition for a writ of certiorari, seeking review of the district
attorney general's decision to deny her application.  After a hearing,
the trial court found that the State had abused its discretion and
ordered the defendant placed on pretrial diversion.  In this appeal
pursuant to T.R.A.P. 9, the State contends the trial court erred in
finding that the State had abused its discretion in denying pretrial
diversion.  We reverse the judgment of the trial court and remand this
matter for further proceedings consistent with this opinion.

URL:http://www.tba.org/tba_files/TCCA/CURRYCL_OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/CURRYCL_CON1.WP6
URL:http://www.tba.org/tba_files/TCCA/CURRYCL_CON2.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
STACY JONES REED

Court:TCCA

FOR THE APPELLANT:          	FOR THE APPELLEE:

MICHAEL W. WHITAKER             CHARLES W. BURSON
Post Office Box 1024            Attorney General and Reporter
Covington, TN 38019
                                ELLEN H. POLLACK
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN  37243-0493
                        
                                CLAYBURN L. PEEPLES
                                District Attorney General

                                EDWARD L. HARDISTER
                                    and
                                SARAH LEVY          
                                109 East First Street
                                Trenton, TN 38382-1841                          

Judge: CLARK

First Paragraph:

The defendant was indicted for theft of property over a value of
$1,000.00 but under $10,000.00.  She was convicted on a jury verdict
of theft of property over $500.00 but under $1,000.00, a Class E
felony.   She received a sentence of eighteen (18) months.  She was
ordered to serve the first one hundred twenty (120) days in jail, with
the remainder to be served in a community based alternative program.
As a part of her sentence she was required to pay $5,354.00 in
restitution to the victim.  Defendant appeals as of right and presents
four issues for review: 1. That the evidence at trial was insufficient
to support the verdict of guilt; 2. That the state's placement of a 4'
x 6' chart illustrating the state's theory of the case in the jury
room with the jury prior to opening statement contaminated the trial;
3. That the trial court erred in failing to declare a mistrial when
the state introduced proof the defendant had filed for bankruptcy; and
4.  That the trial court erred in failing to sentence defendant as
an especially mitigated offender and in ordering restitution in the
amount of $5,354.00. After reviewing the record, we affirm the
judgment of the trial court as modified.

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

STATE OF TENNESSEE
vs.
JOHN L. RYAN

Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:

Marvin E. Ballin                    Charles W. Burson
Ballin, Ballin & Fishman            Attorney General & Reporter
200 Jefferson Avenue, Suite 1250    450 James Robertson Parkway
Memphis, TN 38103                   Nashville, TN 37243-0497

Mark A. Mesler                      William David Bridgers
Ballin, Ballin & Fishman            Assistant Attorney General
200 Jefferson Avenue, Suite 1250    450 James Robertson Parkway
Memphis, TN 38103                   Nashville, TN 37243-0493
        
                                    William H. Crabtree
                                    Attorney General Pro Tempore
                                    P. O. Box 1468
                                    Knoxville, TN 37901-1468                          

Judge: Jones

First Paragraph:

The appellant, John L. Ryan, entered pleas of guilty to eight counts
of obtaining a controlled substance by fraud, misrepresentation and
deception, a Class D felony, without any agreement as to punishment. 
After a sentencing hearing, the trial court found that the appellant
was a standard offender and imposed a sentence consisting of a $5,000
fine and confinement for four (4) years in the Shelby County
Correctional Center on each count.  The effective sentence imposed was
confinement for four (4) years and fines totaling $40,000.  In this
Court, three issues are presented for review.  The appellant contends
that the fines imposed by the trial court were excessive, the term of
confinement was excessive, and the trial court should have granted him
an alternative sentence.  After a thorough review of the record, the
briefs submitted by the parties, and the authorities that control the
issues, it is the opinion of this Court that the judgment should be
affirmed as modified.

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

STATE OF TENNESSEE
vs.
MICHAEL JOSEPH SPADAFINA

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

TERRY J. LEONARD                CHARLES W. BURSON
9 North Court Square            Attorney General & Reporter
P.O. Box 424                                        
Camden, TN  38320               WILLIAM DAVID BRIDGERS
                                Asst. Attorney General
                                450 James Robertson Pkwy.
                                Nashville, TN  37243-0493

                                ROBERT "GUS" RADFORD
                                District Attorney General

                                TODD A. ROSE
                                Asst. District Attorney General
                                P.O. Box 94
                                Paris, TN  38242                         

Judge: PEAY

First Paragraph:

The defendant was indicted on February 6, 1995, for the murder of Paul
Burns.  After a three day trial, the jury convicted him of
first-degree murder but was unable to reach a decision as to the
punishment.  The trial court, therefore, sentenced the defendant to
life imprisonment. AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/SPADAFIN_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