TBALink Opinion-Flash

January 21, 1997 -- Volume #3 -- Number #007

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
10-New Opinions From TSC-Workers Comp Panel
19-New Opinions From TCA
19-New Opinions From TCCA

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George Dean
TBALink Chief Editor


KAREN JANE BAKER
vs.
HCA HEALTH SERVICES OF TENNESSEE, INC., d/b/a CENTENNIAL MEDICAL
CENTER

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellant:              For the Appellee:
William Ritchie Pigue           Bryan Essary
Taylor, Philbin, Pigue,         Suite 1900
    Marchetti & Bennett         NationsBank Plaza
One Union Street                414 Union Street
P. O. Box 198169                Nashville, TN 37219-1782
Nashville, TN 37219-5361                         

Judge: BYERS

First Paragraph:

Plaintiff sought benefits for an occupational disease.  The trial
court granted defendant's summary judgment based on Tenn. Code Ann. S
50-6-306, finding that plaintiff failed to file her complaint within
the one-year statute of limitations. We reverse the trial court's
decision and remand the case to the trial court for a hearing on the
merits.

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

RITA B. BAKER
vs.       
CKR INDUSTRIES, INC.

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:              For the Appellee:

Floyd Don Davis                 David T. Hooper
FLOYD DON DAVIS, P.C.           HOOPER & HOOPER
Winchester, Tennessee           Brentwood, Tennessee
                          

Judge: Brandt

First Paragraph:

The plaintiff is employed by CKR Industries, a Winchester company that
makes rubber windshield and door sealers for Nissan.  A piece of
plywood fell on her on January 4, 1993, and she filed suit alleging
that as a result, she is totally, permanently disabled.  The trial
court found otherwise and ruled that she has no permanent disability. 
Because the trial court's finding is fully supported by the evidence,
we affirm the decision.

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

STEPHEN H. BAXENDALE
vs.
UNIVERSAL UNDERWRITERS' INSURANCE COMPANY and MID-STATE AUTOMOTIVE
DISTRIBUTORS, INC.

Court:TSC - Workers Comp Panel

Attorneys:    

For Appellant:                 For Appellees:

Daniel C. Todd                 Martin D. Holmes
Evans & Todd                   Stewart, Estes & Donnell
Nashville, Tennessee           Nashville, Tennessee
                      

Judge: Loser

First Paragraph:

In this appeal, the employee or claimant, Baxendale, contends (1) the
award of permanent partial disability benefits is inadequate and (2)
the trial court erred in computing his compensation rate.  The
employer and its insurer contend the trial court erred in finding  the
employee suffered a compensable injury by accident on June 6, 1994. 
As discussed below, the panel has concluded the award of permanent
partial disability benefits should be modified and the judgment
otherwise affirmed.

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

MARTHA ANN BOYD
vs.  
LINCOLN BRASS WORKS, INC.

Court:TSC - Workers Comp Panel

Attorneys:                          

FOR APPELLANT:                          FOR APPELLEES:

MARK C. TRAVIS                          WILLIAM S. FLEMING     
P. O. Box 1066                          P. O. Box 90           
Morristown, TN 37815-1066               Columbia, TN 38402-0090

Judge: RUSSELL

First Paragraph:

Martha Ann Boyd, age 22 at the time of trial, worked at running a
machine that drilled parts so that they can be placed together on an
assembly line.  She was required to place a part inside a jaw of the
machine and close the jaw with a lever and then push another handle to
operate the machine.  She was required to produce a minimum of 5,600
parts per eight hour shift. AFFIRMED.

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

BARBARA JENKINS
vs.  
YASUDA FIRE & MARINE INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys: 

FOR APPELLANT:                         FOR APPELLEES:

NEIL B. KRUGMAN                        E. GUY HOLLIMAN        
511 Union Street, Suite 2100           WILLIAM JOSEPH BUTLER  
Nashville, TN 37219-1760               P.O. Box 280             
                                       Lafayette, TN 37083                         

Judge: RUSSELL

First Paragraph:

The dispositive issue in this case is whether or not the suit is
barred by the statute of limitations.  The trial court tried this
issue separately on December 23, 1993.  After hearing proof relative
to this issue, the court recessed the trial and took the statute of
limitations issue under advisement.  A year and a half later, on May
14, 1995, the court ruled that the suit was not barred by the statute
of limitations.  The trial was resumed on September 27, 1995, and
resulted in a judgment for a 45% permanent partial disability to the
body as a whole. REVERSED AND DISMISSED.

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

ROBERT E. LIVELY
vs.      
TEXTRON AEROSTRUCTURES A Division of Avco Corporation

Court:TSC - Workers Comp Panel

Attorneys:   

For the Appellant:              For the Appellee:

Christopher K. Thompson         John J. Hancock
Murfreesboro, Tennessee         Tracy Shaw
                                HOWELL & FISHER
                                Nashville, Tennessee                       

Judge: Brandt

First Paragraph:

The plaintiff appeals from the trial court's finding that the
permanent impairment did not result from 1992 injuries at Textron
Aerostructures.  Finding no error in the trial court's decision, we
affirm.

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

PREMIER MANUFACTURING SUPPORT SERVICES, INC. and LUMBERMAN'S
UNDERWRITING ALLIANCE 
vs.       
PATRICIA L. COTHRAN

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellant:              For the Appellees:

William Carter Conway           Richard C. Mangelsdorf, Jr.
Franklin, Tennessee             Nashville, Tennessee
                         
Judge: Brandt

First Paragraph:

The trial court found that the plaintiff failed to carry her burden of
proving that she sustained a permanent disabling injury, a finding
based upon assessing the credibility of the witnesses.  Given the
considerable deference we must give to the trial court's credibility
determinations, McCaleb v. Saturn Corp., 910 S.W.2d 412 (Tenn. 1995)
and the presumption of correctness of the trial court's findings,
Tenn. Code Ann. S 50-6-225(e)(2), we affirm the trial court's
decision.

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

LISA K. WHITED
vs.
TENNESSEE WOOLEN MILLS, INC. and THE TRAVELERS INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys:  

For the Appellant:                  For the Appellee:
Kenneth M. Palombo                  Hugh Green
Spicer, Flynn & Rudstrom            Law Offices of Hugh E. Green
424 Church Street, Suite 1350       100 Public Square
Nashville, TN 37219                 Lebanon, Tennessee 37087
                        

Judge: BYERS

First Paragraph:

Plaintiff injured her right arm, shoulder and neck while working on an
assembly line at defendant's woolen mill.  The trial court awarded her
50 percent permanent vocational disability. We affirm the judgment of
the trial court.

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

LARRY RICHARD WILLIAMS
vs.      
SCOTT BOLT & SCREW CO., and STATE AUTO INSURANCE CO.

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellant:                  For the Appellees:

Phillip H. Miller                   Bryan Essary
Sarah Stein                         GIDEON & WISEMAN
Nashville, Tennessee                Nashville, Tennessee

Judge: Brandt

First Paragraph:

The plaintiff filed suit alleging that a brown recluse spider bit him
while he was at work on April 15, 1993.  The trial court denied his
claim.  Because the evidence does not support the plaintiff's claim,
the trial court decision is affirmed.

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

RANDY WILSON
vs.
EATON CORPORATION

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellant:                  For the Appellee: 

Katherine M. Wall                   Anthony W. Harris
1111 Superior Ave.                  203-B N. Cannon Blvd.
Cleveland, OH  44114                Shelbyville, TN  37160.     

Ralph McBride, Jr.
112 E. Side Squ.
Shelbyville, TN  37160                         

Judge: Brandt

First Paragraph:

The trial judge awarded the plaintiff 50% permanent partial disability
to the right hand.  He refused to award temporary total disability
benefits because plaintiff had lost no wages during his period of
temporary total disability. Appellant challenges the trial court's
findings that plaintiff sustained a work related injury by accident to
his right thumb in August 1992, that plaintiff gave notice of such an
injury and that this claim is not barred by the statute of
limitations.  Appellee challenges the trial court's refusal to award
temporary total disability benefits.  Appellee also argues that the
appellant should be estopped from pleading the affirmative defenses
relied upon for failure to show proper and timely filing of the
required notice of controversy. We affirm the trial court's judgment.

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

DAVID L. ADAMS
vs.
NANCY W. ADAMS

Court:TCA

Attorneys:  

GLENN COX
P. O. Box 1121
Columbia, Tennessee 38402-1121
    ATTORNEY FOR PLAINTIFF/APPELLEE

R. E. LEE DAVIES
Hartzog, Silva & Davies
123 Fifth Avenue North
P. O. Box 664
Franklin, Tennessee 37065-0664
    ATTORNEY FOR DEFENDANT/APPELLANT
                        
Judge: LEWIS

First Paragraph:

This is an appeal by defendant/appellant, Nancy W. Adams ("Wife"),
from a judgment of the chancery court granting Wife and
plaintiff/appellee, David L. Adams ("Husband"), a divorce.  Wife
claims that the trial court erred in calculating the amount of child
support and the amount of rehabilitative alimony and attorney's fees
awarded to Wife. REVERSED IN PART, AFFIRMED IN PART, AND REMANDED

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

ELVIN L. BLANKENSHIP and wife, MARY BLANKENSHIP, and WAYNE BLANKENSHIP
vs.
ALVIS BLANKENSHIP and wife, DOROTHY BLANKENSHIP, and CHARLES GOODMAN
and wife, KATHY GOODMAN

Court:TCA

Attorneys:   

Michael L. Weinman
TATUM & TATUM, Henderson, Tennessee
Attorney for Appellants

Daniel J. Perky
Lexington, Tennessee
Attorney for Appellees                       

Judge: FRANKS

First Paragraph:

In this boundary line dispute the Trial Court appointed a surveyor who
established a boundary line between the parties which was adopted by
the Trial Judge in the Decree in this case.  Defendants have appealed,
asserting the Trial Court erred in limiting their proof and in
adopting the boundary established by the surveyor. VACATED AND
REMANDED.

URL:http://www.tba.org/tba_files/TCA/BLANKENS_OP2.WP6
Opinion-Flash

S. THOMAS BURNETT
vs.
SAMMY (sic) WILLIAMS
vs.
FRANK SMITH, both individually and as Circuit Court Clerk

Court:TCA

Attorneys:

SKIDMORE NEALE GARRETT
P.O. Box 725
Jamestown, Tennessee 38556
    ATTORNEY FOR RESPONDENT/APPELLANT

S. ROGER YORK
S. Roger York & Associates
P.O. Box 423
Crossville, Tennessee 38557
    ATTORNEY FOR PETITIONER/APPELLEE                          

Judge: LEWIS

First Paragraph:

This is an appeal by respondent/appellant, Sammy Williams, from a
decision of the chancery court that found that petitioner/appellee, S.
Thomas Burnett, had properly redeemed his property which Williams
purchased at a delinquent tax sale. REVERSED AND REMANDED

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

BILLY JOE DAUGHERTY
vs.
TRI-COUNTY ELECTRIC MEMBERSHIP CORPORATION

Court:TCA

Attorneys: 

Thomas H. Bilbrey, Lafayette, Tennessee
Attorney for Plaintiff/Appellant.

Ken Witcher, Lafayette, Tennessee
Attorney for Defendant/Appellee.

Judge: FARMER

First Paragraph:

The appellant, Billy Joe Daugherty (Daugherty), has appealed from the
summary judgment entered by the trial court in favor of the appellee,
Tri-County Electric Membership Corporation ("Tri-County" or "the
Cooperative").  AFFIRMED AND REMANDED.

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

STATE OF TENNESSEE
vs.
JOHN GUINN

Court:TCA

Attorneys: 

W. Mark Ward, Assistant Shelby County Public Defender
For Appellant

Charles W. Burson, Attorney General and Reporter
Ellen H. Pollack, Assistant Attorney General
For Appellee
                         
Judge: CRAWFORD

First Paragraph:

This is a juvenile delinquency proceeding.  Defendant, John Guinn,
appeals from the order of the Circuit Court of Shelby County on a jury
verdict finding defendant guilty of committing the delinquent act of
attempt to commit murder in the second degree.  AFFIRMED AND
REMANDED.

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

WANDA GAIL KERR HOOPER
vs.
ROBERT EDWIN HOOPER

Court:TCA

Attorneys:                          

MICHAEL W. EDWARDS
Hendersonville, Tennessee
Attorney for Defendant/Appellant

F. DULIN KELLY
KELLY & KELLY
Hendersonville, Tennessee
Attorney for Plaintiff/Appellee

Judge: HIGHERS

First Paragraph:

Defendant Robert Edwin Hooper (Husband) appeals the trial court's
final decree dissolving the parties' marriage. In its final decree,
the trial court designated Plaintiff/Appellee Wanda Gail Kerr Hooper
(Wife) the primary custodian of the parties' two minor children,
ordered the Husband to pay the Wife child support in the amount of
$1189 per month, awarded the Wife rehabilitative alimony in the amount
of $576 per month for thirty months, and equitably distributed the
parties' property. In distributing the parties' property, the trial
court awarded the Wife a 1994 Pontiac valued at $10,000, $21,957 in
savings from the parties' credit union accounts, and the marital home
having an equity of between $54,000 and $59,000, subject to a $5000
lien in favor of the Husband. The Husband, in turn, was awarded his
401k plan valued at $24,202, his retirement plan valued at $18,459,
$12,657 in savings, and a 1992 Pontiac valued at $7,000.  On appeal,
the Husband's sole contention is that the trial court erred in
distributing the parties' marital property.  Specifically, the Husband
complains that the trial court's award of the marital home to the Wife
resulted in an inequitable distribution of the parties' property
because the Wife received over sixty percent of the marital estate. 
We affirm.

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

CARL E. JORDAN
vs.
TENNESSEE BOARD OF PAROLES, et al.

Court:TCA

Attorneys: 

CARL E. JORDAN
#91050
Riverbend Maximum Security Institution
7475 Cockrill Bend Industrial Road
Nashville, Tennessee 37209
    Pro Se/Petitioner/Appellant

CHARLES W. BURSON
Attorney General and Reporter

PATRICIA C. KUSSMANN
Assistant Attorney General
404 James Robertson Parkway
Nashville, Tennessee 37243
    Attorney for Respondents/Appellees                         

Judge: HIGHERS

First Paragraph:

An inmate in the custody of the Department of Correction filed a
Petition for Writ of Certiorari to challenge the Parole Board's
refusal to grant him parole.  The Chancery Court dismissed the
Petition for failure to comply with the time limitations for filing. 
We affirm the dismissal on the alternate ground of failure to state a
claim upon which relief can be granted.

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

J. CLARICE KNIGHT and CAROLYN K. BRANTLY, Administratrices ad litem
for the Estate of Alta M. Knight, deceased, and SHERRY GARLAND 
vs.
HOSPITAL CORPORATION OF AMERICA a/k/a CENTENNIAL MEDICAL CENTER;
HOSPITAL CORPORATION OF AMERICA; HOSPITAL CORPORATION OF AMERICA a/k/a
WESTSIDE HOSPITAL and JANE/JOHN DOE NURSES

Court:TCA

Attorneys: 

For the Plaintiffs/Appellants:          For the Defendants/Appellees:
Shelley I. Stiles                       C.J. Gideon, Jr.
Brentwood, Tennessee                    Nashville, Tennessee
                         
Judge: KOCH

First Paragraph:

The medical malpractice and outrageous conduct claims involved in this
appeal stem from the hospitalization of an elderly patient for total
hip replacement surgery.  The patient, her two sisters, and her
caretaker sued the hospital and its nursing staff in the Circuit Court
for Davidson County alleging that their lack of appropriate care
caused the patient to enter a vegetative state and caused severe
emotional stress to the patient's sisters and caretaker.  The trial
court granted the hospital's motion for summary judgment.  We affirm
the trial court.

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

KIMBERLY ANNE (CARUTHERS)
LOVAN
vs.
MICHAEL GERALD LOVAN

Court:TCA

Attorneys:    

JOSEPH Y. LONGMIRE, JR.
103 Bluegrass Commons Blvd.
P. O Box 738
Hendersonville, Tennessee 37077-0738
    Attorney for Plaintiff/Appellee

RONALD B. BUCHANAN
103 Hazel Path Court
Hendersonville, Tennessee 37075
    Attorney for Defendant/Appellant                      

Judge: CANTRELL

First Paragraph:

The trial court granted the wife an absolute divorce, and gave her
custody of the two minor children.  The court also divided the marital
property, and ordered the husband to pay child support and
rehabilitative alimony.  The husband appealed, arguing that the court
erred in its valuation and division of the marital property, and in
its support orders.  We modify the trial court's orders in regard to
alimony and child support.  In all other respects, we affirm the trial
court.

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

CHARLES JOSEPH McKEON
vs.
STATE OF TENNESSEE

Court:TCA

Attorneys:   

For the Plaintiff/Appellant:        For the Defendant/Appellee:
James L. Harris                     Charles W. Burson
Nashville, Tennessee                Attorney General and Reporter

                                    James C. Floyd
                                    Assistant Attorney General
                      
Judge: KOCH

First Paragraph:

This appeal involves a wrongful discharge claim filed by the former
executive director of prison industries.  The Tennessee Claims
Commission granted the State's motion for summary judgment on the
ground that the claimant had voluntarily resigned.  The claimant
asserts on this appeal that the commission should not have granted the
summary judgment because of the existence of material factual disputes
concerning whether he had, in fact, resigned.  We affirm the claims
commissioner's decision because the only reasonable conclusion to be
drawn from the undisputed facts is that the claimant resigned from his
position.

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

ORLANDO RESIDENCE, LTD.
vs.
NASHVILLE LODGING COMPANY, NASHVILLE RESIDENCE CORPORATION, KENNETH E.
NELSON, and METRIC PARTNERS GROWTH SUITE INVESTORS, L.P.
    Defendants, 
METRIC PARTNERS GROWTH SUITE INVESTORS, L.P.        
vs.
2300 ELM HILL PIKE, INC.

Court:TCA

Judge: TODD

First Paragraph:

The judgment entered by this Court on December 18, 1996, is modified
by deleting the words, "Nashville Lodging Company, Nashville Residence
Corporation and Kenneth E. Nelson" and substituting therefor the words
"Orlando Residence, Ltd."

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

LUANNE F. OVERTON, ET. AL.
vs.
BOARD OF EXAMINERS IN PSYCHOLOGY

Court:TCA

Judge: TODD 

First Paragraph:

The appellant, Philip Guinsburg, has filed a petition to rehear which
has been duly considered and is respectfully denied.

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

VADA MARIE PALMER
vs.
WILLIAM TROUPE, II and LINDA TROUPE

Court:TCA

Attorneys: 

J. Mitchell Grissim, Jr., #9473
325 Union Street
Nashville, TN 37201
ATTORNEY FOR PLAINTIFF/APPELLEE

Franklin D. Brabson, #3890 
2806 Natchez Trace
Nashville, TN 37212
ATTORNEY FOR PLAINTIFFS/APPELLANTS                         

Judge: TODD

First Paragraph:

The controversy involves title to realty, rights to proceeds of fire
insurance and claims and counterclaims between the parties.  The Trial
Court, sitting without a jury, awarded the realty and $500.00 judgment
to the plaintiff, and defendants have appealed. AFFIRMED AND REMANDED.

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

TAMMY PAYNE
vs.
MARGARET C. CULPEPPER, in her capacity as Commissioner of the
Tennessee Department of Employment Security; and DENIM PROCESSING,
INC.

Court:TCA

Attorneys:

PAUL E. DROZDOWSKI
Rural Legal Services of Tennessee, Inc.
P. O. Box 5209
Oak Ridge, Tennessee 37831
    ATTORNEY FOR PLAINTIFF/APPELLANT

CHARLES W. BURSON
Attorney General and Reporter

KIMBERLY M. FRAYN
JENNIFER H. SMALL
404 James Robertson Parkway
Suite 1510
Nashville, Tennessee 37243-0499                          

Judge: LEWIS

First Paragraph:

This is an appeal by Plaintiff Tammy Payne, from the judgment of the
trial court affirming an order of the Department of Employment
Security which found that Plaintiff was not entitled to unemployment
compensation.

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

MARY MILBOURN SANDERS
vs.
STEVE HERBERT SANDERS and JANET RIGGINS SANDERS

Court:TCA

Attorneys:

For the Plaintiff/Appellee:     For the Defendants/Appellants:

No Appearance                   Whitney Kemper
                                KEMPER & McLEMORE
                                Nashville, Tennessee

                          
Judge: KOCH

First Paragraph:

This appeal involves a contempt proceeding for failure to pay child
support in a timely manner.  Following the father's failure to meet a
court imposed deadline for paying his child support arrearage, the
Sumner County General Sessions Court summarily found him in contempt
and sentenced him to forty-eight hours in jail and eighty hours of
community service work.  The father has appealed.  We have determined
that the proceeding was one for criminal contempt and, therefore, that
the judgment of contempt must be vacated because of the trial court's
failure to comply with the requirements of Tenn. R. Crim. App. 42(b).

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

SANDY SANDERS
vs.
DAVID W. LANIER, IN HIS INDIVIDUAL AND IN HIS OFFICIAL CAPACITIES, AND
THE STATE OF TENNESSEE

Court:TCA

Attorneys:   

Jerrold L. Becker and Scarlett A. Beaty,
LOCKRIDGE, BECKER & VALONE, P.C., Knoxville, Tennessee,
Attorney for Plaintiff-Appellant.


Charles W. Burson, Attorney General and Reporter, and
S. Elizabeth Martin, Assistant Attorney General, Nashville, Tennessee,
For Appellee, State of Tennessee.                       

Judge: FRANKS

First Paragraph:

Plaintiff's action filed against the State pursuant to the Tennessee
Human Rights Act (THRA), Tennessee Code Annotated S4-20-191, et seq.,
was dismissed by the Trial Judge for failure to state a cause of
action.  T.R.C.P. Rule 12.02(6). REVERSED AND REMANDED.

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

MATTHEW SEFFERNICK
vs.
SAINT THOMAS HOSPITAL AND BARRY E. YARBROUGH, M.D.

Court:TCA

Judge: Todd

First Paragraph:

The appellees, St. Thomas Hospital and Barry Yarbrough, M.D., have
filed a respectful petition on four grounds. The appellees, St. Thomas
Hospital and Barry Yarbrough, M.D., have filed a respectful petition
on four grounds. The petition to rehear is respectfully denied.

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

ROBERT K. SHARP
vs.
JOHNNY R. TUNE and TUNE INSURANCE CENTER, INC.

Court:TCA

Attorneys: 

F. CLAY BAILEY, JR.
TUNE, ENTREKIN & WHITE
315 Deaderick Street
First American Center, 21st Floor
Nashville, Tennessee 37238
    Attorney for Plaintiff/Appellant

THOMAS W. HARDIN
HARDIN & PARKES
102 West Seventh Street
P. O. Box 692
Columbia, Tennessee 38402-0692
    Attorney for Defendants/Appellees                         

Judge: CANTRELL

First Paragraph:

One of the founders of an insurance agency claimed that his stock in
the company is being held in trust by the other founder.  The Chancery
Court of Davidson County held that the plaintiff failed to prove his
case by the high degree of proof required to establish an oral trust. 
We affirm the chancellor's dismissal of the claim, but on the
alternate ground that the plaintiff failed to prove that he satisfied
the conditions precedent to the obligation to convey the shares to
him.

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

HAROLD EUGENE SMITH
vs.
METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE,
et al

Court:TCA

Attorneys: 

HAROLD EUGENE SMITH, pro se
Nashville, Tennessee

PAUL D. KRIVACKA
METROPOLITAN ATTORNEY
Nashville, Tennessee
Attorney for Appellee Metropolitan Government
of Nashville and Davidson County

GEORGE E. BARRETT
PHILLIP A. PURCELL
BARRETT, JOHNSTON & PARSLEY
Nashville, Tennessee
Attorneys for Appellees Metropolitan Development
and Housing Agency, Gerald F. Nicely,
Bob Howard and Paul Jennings                         

Judge: HIGHERS

First Paragraph:

Plaintiff Harold Eugene Smith, appearing pro se, appeals the trial
court's final order which dismissed the Plaintiff's complaint against
Defendants/Appellees Metropolitan Government of Nashville and Davidson
County (Metro), Metropolitan Development and Housing Agency (MDHA),
and two MDHA employees, Bob Howard (Howard) and Paul Jennings
(Jennings).  The trial court dismissed the Plaintiff's claims against
Metro and MDHA based on the one-year statute of limitations contained
in the Tennessee Governmental Tort Liability Act.  See T.C.A. S 
29-20-305(b) (Supp. 1992).  Regarding the Plaintiff's other claims,
the trial court entered summary judgment in favor of Howard and
Jennings based on the affidavit, depositions, and documents filed in
this case.  For the reasons hereinafter stated, we affirm the trial
court's dismissal of the Plaintiff's complaint.

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

THOMAS KEITH BATTLE
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

For the Appellant:                  For the Appellee:

Gregory D. Smith                    Charles W. Burson
One Public Square, Suite 321        Attorney General of Tennessee
Clarksville, TN 37040               and
                                    Charlotte H. Rappuhn 
                                    and Lisa A. Naylor
                                    Assistant Attorney Generals 
                                        of Tennessee                    
                                    450 James Robertson Parkway     
                                    Nashville, TN 37243-0493

                                    Victor S. Johnson, III
                                    District Attorney General
                                    and
                                    Jon Seaborg
                                    Assist District Attorney General
                                    Washington Square
                                    222 2nd Avenue North
                                    Nashville, TN 37201-1649
Judge: Tipton

First Paragraph:

The petitioner, Thomas Keith Battle, appeals as of right from the
judgment of the Criminal Court of Davidson County denying his petition
for post conviction relief.  Pursuant to an agreement, the petitioner
entered guilty pleas on June 20, 1989, to (1) possession of a Schedule
II controlled substance, cocaine, for resale on March 12, 1987, (2)
possession of less than one-half ounce of a Schedule VI controlled
substance, marijuana, for resale on December 21, 1987, and (3)
possession of thirty grams or more of a substance containing cocaine
for resale on October 19, 1988.  The trial court imposed concurrent
sentences of four, one and twelve years, respectively.  The petitioner
is currently serving his sentences in the Department of Correction. 
He asserts on appeal that because he received the ineffective
assistance of counsel, he did not knowingly and voluntarily enter his
guilty pleas.

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

STATE OF TENNESSEE
vs.
ROOSEVELT BIGBEE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:              FOR THE APPELLEE:

MICHAEL W. EDWARDS              CHARLES W. BURSON
177 East Main Street            Attorney General and Reporter
Hendersonville, TN  37075       
                                KIMBERLY A. CHANCE
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN  37243

                                LAWRENCE RAY WHITLEY
                                District Attorney General

                                DEE DAVID GAY
                                Assistant District Attorney
                                Public Square
                                Gallatin, TN  37066                       

Judge: SMITH

First Paragraph:

his is an appeal as of right pursuant to Tenn. R. App. P. 3.  On March
15, 1991, Appellant was convicted in Sumner County Criminal Court of
the felony murder of Monty Climer and sentenced to death.  On October
3, 1994, the Tennessee Supreme Court upheld Appellant's conviction,
but reversed the sentence of death and ordered a new sentencing
hearing.  See, State v. Bigbee, 885 S.W.2d 797 (Tenn. 1994).

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

STATE OF TENNESSEE
vs.
ELTON DONALD BOWERS a/k/a RASHID QAWWI

Court:TCCA

Attorneys: 

For Appellant:              For Appellee:

Stephen P. Spracher         Charles W. Burson
Assistant Public Defender   Attorney General & Reporter
227 West Baltimore 
Jackson, TN  38301          Ellen H. Pollack 
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN  37243-0493
                                        
                            Donald Allen 
                            Asst. District Attorney General
                            P.O. Box 2825                          

Judge: WADE

First Paragraph:

The defendant, Elton Donald Bowers, also known as Rashid Qawwi, was
convicted of aggravated robbery and possession of a weapon with the
intent to employ in the commission of the robbery.  Tenn. Code Ann.  S
39-13-402 and Tenn. Code Ann. S 39-17-307.  The trial court ordered
the weapons conviction merged with the aggravated robbery, classified
the defendant as a career offender, and imposed a thirty-year
sentence. AFFIRMED AND REMANDED.
 

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

STATE OF TENNESSEE
vs.
BILLY HAROLD BREWER

Court:TCCA

Attorneys:   

For the Appellant:              For the Appellee:

Donald E. Holt                  Charles W. Burson
216 Dr. Hicks Blvd., West       Attorney General of Tennessee
Box 58                          and
Florence, Alabama 35631         Ellen H. Pollack                               
(AT TRIAL)                      Assistant Attorney General
                                450 James Robertson Parkway
James Daniel Freemon            Nashville, TN 37243-0493
328 West Gaines St.
Lawrenceburg, TN 38464          T. Michael Bottoms  
(AT TRIAL AND ON APPEAL)        District Attorney General
                                and
                                Robert C. Sanders
                                Assistant District Attorney General                     
                                Box 459
                                Lawrenceburg, TN 38464                       

Judge: Tipton

First Paragraph:

The defendant, Billy Harold Brewer, was convicted in a jury trial in
the Wayne County Circuit Court of official misconduct and coercion of
a juror, Class E felonies.  As a Range I, standard offender, he was
sentenced to two years in the Department of Correction for each
conviction.  The trial court placed the defendant on immediate
probation and ordered that he pay court costs and spend 200 hours
performing public service work. The defendant appeals as of right
contending that the evidence was insufficient to sustain the
convictions and that the trial court erred
in not properly instructing the jury on his statutory defense.  We
disagree.

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

STATE OF TENNESSEE
VS.
ASHLEY MAURICE BROOKS

Court:TCCA

Attorneys: 

FOR THE APPELLEE:           FOR THE APPELLANT:

CHERYL SKIDMORE             CHARLES W. BURSON
Attorney at Law             Attorney General & Reporter
629 East Main Street
Hendersonville, TN 37075
                            KAREN M. YACUZZO
                            Asst. Attorney General
                            450 James Robertson Pkwy.
                            Nashville, TN 37243-0493

                            RAY WHITLEY
                            District Attorney General

                            DEE DAVID GAY
                            Assistant District Attorney General
                            113 West Main Street
                            Gallatin, TN 37066
                         
Judge: RILEY

First Paragraph:

This is an extraordinary appeal granted the State of Tennessee
pursuant to Rule 10 of the Tennessee Rules of Appellate Procedure. 
The state alleges the trial court erred by requiring the district
attorney general to grant pre-trial diversion.  We find that a Class B
felony is not eligible for pre-trial diversion and reverse the
judgment of the trial court.

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

STATE OF TENNESSEE
vs.
CHARLES P. GRIGSBY

Court:TCCA

Attorneys: 

For the Appellant:          For the Appellee:

ON APPEAL:                  Charles W. Burson
Craig V. Morton, II         Attorney General and Reporter
Attorney at Law 
212 Adams Avenue            Sarah M. Branch
Memphis, TN 38103           Assistant Attorney General                          
                            Criminal Justice Division
AT TRIAL:                   450 James Robertson Parkway
Robert J. Ross, II          Nashville, TN 37243 0493        
Attorney at Law     
100 North Main St.  
Memphis, TN 38103           John W. Pierotti
                            District Attorney General

                            James A. Lammey
                            Asst. District Attorney General
                            Third Floor
                            Criminal Justice Complex
                            201 Poplar Avenue
                            Memphis, TN  38103
                         
Judge: Hayes

First Paragraph:

The appellant, Charles P. Grigsby, entered an Alford plea to one count
of aggravated burglary in the Shelby County Criminal Court and
received, pursuant to a plea agreement, a sentence of eight years as a
range II offender.  The manner of service of the appellant's sentence
was submitted to the trial court for its determination.  Following the
sentencing hearing, the trial court denied the appellant's request for
an alternative sentence and ordered that his sentence be served in the
Department of Correction.  The appellant appeals this sentencing
decision, specifically contending that the trial court erred by
failing to impose a sentence under the Community Corrections Act.
After a review of the record, we affirm the judgment of the trial
court.

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

STATE OF TENNESSEE
vs.
WILLIAM HIGHTOWER

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

WILLIAM HIGHTOWER, PRO SE       CHARLES W. BURSON
Kilby Correctional Facility     Attorney General and Reporter
P. O. Box 150
Mt. Meigs, Alabama 36057        MICHAEL J. FAHEY, II
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493            

                                JOSEPH D. BAUGH, JR.    
                                District Attorney General

                                DEREK SMITH
                                Assistant District Attorney General
                                P. O. Box 937
                                Franklin, TN 37065-0937                         

Judge: RILEY

First Paragraph:

This is an appeal from the trial court's revocation of appellant's
probation and imposition of an eight-year sentence ordered to run
consecutively to a fifteen-year Alabama sentence.  After a thorough
review of the record, it is the opinion of this Court that the
judgment of the trial court should be affirmed pursuant to Rule 20,
Tennessee Court of Criminal Appeals.

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

DICKIE L. HOPKINS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

William S. Rhea             Charles W. Burson
Attorney at Law             Attorney General & Reporter
P. O. Box 819               500 Charlotte Avenue
Somerville, TN 38068        Nashville, TN 37243-0497

                            William D. Bridgers
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            Elizabeth T. Rice
                            District Attorney General
                            302 Market Street
                            Somerville, TN 38068

                            Christopher S. Mashburn
                            Assistant District Attorney General
                            302 Market Street
                            Somerville, TN 38068                         

Judge:Jones

First Paragraph:

The appellant, Dickie L. Hopkins, appeals as of right from a judgment
of the trial court denying his suit for post-conviction relief
following an evidentiary hearing.  In this Court, the appellant
contends (1) his pleas of guilty were coerced, and (2) he was denied
the effective assistance of counsel guaranteed by the Sixth Amendment
to the United States Constitution and Article I, S 9 of the Tennessee
Constitution because counsel  (a) failed to notice the state's notice
of enhanced punishment was untimely filed, (b) failed to  argue the
trial court should consider the punishment for the offenses under the
1982 and 1989 versions of the Tennessee Sentencing Reform Acts, (c)
failed to bring to the attention  of the court the convictions used to
enhance punishment occurred after he committed the offenses in the
present cases, and (d) failed to argue two prior convictions should
have been considered as one offense for sentencing purposes.  After a
thorough review of the record, the briefs of the parties, and the
authorities which govern the issues presented for review, it is the
opinion of this Court the judgment of the trial court should be
affirmed in part, reversed in part, and remanded to the trial court
for a new sentencing hearing.

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

ELWOOD DEWAYNE HOWARD
vs.
DAVID MILLS, Warden

Court:TCCA

Attorneys:

FOR THE APPELLANT:               FOR THE APPELLEE:


ELWOOD DEWAYNE HOWARD,          CHARLES W. BURSON
pro se                          Attorney General & Reporter 
#103299 Turney Center, Route 1          
Only, TN   37140-9709
                                WILLIAM DAVID BRIDGERS
                                Asst. Attorney General
                                450 James Robertson Pkwy.                               
                                Nashville, TN  37243-0493
                
                                JOE D. BAUGH
                                District Attorney General

                                RONALD DAVIS
                                Asst. District Attorney General
                                P.O. Box 937            
                                Franklin, TN   37065                          

Judge: PEAY

First Paragraph:

The petitioner filed for a writ of habeas corpus, alleging that his
1984 convictions for felony murder and two counts of armed robbery are
void due to an unconstitutional jury instruction on reasonable doubt. 
His petition also alleges that he received ineffective assistance of
counsel on direct appeal.  The court below summarily dismissed the
petition, and the petitioner now appeals.  We affirm the judgment.

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

TERESA KING
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

ELWOOD DEWAYNE HOWARD,              CHARLES W. BURSON
pro se                              Attorney General & Reporter 
#103299 Turney Center, Route 1          
Only, TN   37140-9709
                                    WILLIAM DAVID BRIDGERS
                                    Asst. Attorney General
                                    450 James Robertson Pkwy.                              
                                    Nashville, TN  37243-0493
                
                                    JOE D. BAUGH
                                    District Attorney General

                                    RONALD DAVIS
                                    Asst. District Attorney General
                                    P.O. Box 937            
                                    Franklin, TN   37065                         

Judge: WELLES

First Paragraph:

It appears that the petitioner was originally convicted by a jury of
first degree murder and sentenced to life imprisonment.  This Court
affirmed the petitioner's conviction on April 29, 1993.  See State v.
Teresa M. King, No. 01C01 9204-CR-00146 (Tenn. Crim. App., at
Nashville, April 29, 1993).  Permission to appeal was denied by our
Supreme Court on September 13, 1993.  The petitioner then filed her
petition for post-conviction relief on June 17, 1996.  The trial court
dismissed the petition without a hearing upon a finding that the
petition was filed outside the one year statute of limitation and that
the petitioner's claims did not fall within one of the exceptions to
the statute of limitation as set forth in T.C.A. S 40-30-206.  We
agree.

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

STATE OF TENNESSEE
vs.
JOHN STEPHEN LEE

Court:TCCA

Attorneys:                          

For the Appellant:              For the Appellee:

Terry J. Leonard                Charles W. Burson
Attorney at Law                 Attorney General and Reporter
9 North Court Square    
P. O. Box 424                   Deborah A. Tullis
Camden, TN  38320               Assistant Attorney General                          
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                        
                                G. Robert Radford
                                District Attorney General

                                Todd A. Rose
                                Asst. District Attorney General
                                P. O. Box 94
                                Paris, TN  38242
Judge: Hayes

First Paragraph:

The appellant, John Stephen Lee, appeals from a sentence imposed by
the Benton County Circuit Court upon his plea of guilty to the offense
of sexual battery, a class E felony.  Pursuant to a negotiated plea,
the appellant received a sentence of one year as a range I offender.
The manner of service of the sentence was submitted to the trial court
for determination.  Following a sentencing hearing, the trial court
denied any form of alternative sentence and imposed a sentence of
incarceration in the Department of Correction.  The appellant now
appeals this decision. After a review of the record, we affirm the
judgment of the trial court.

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

STATE OF TENNESSEE
vs.
EDDIE JOE MANN

Court:TCA

Attorneys:  

FOR THE APPELLANT:              FOR THE APPELLEE:

G. Stephen Davis                Charles W. Burson
District Public Defender        Attorney General & Reporter
208 Mill Avenue, North          500 Charlotte Avenue
Dyersburg, TN 38025-0742        Nashville, TN 37243-0497
(Appeal Only)
                                Clinton J. Morgan
William K. Randolph             Assistant Attorney General
Attorney at Law                 450 James Robertson Parkway
310 Masonic, West               Nashville, TN 37243-0493
Dyersburg, TN 38024-0611
(Trial Only)                    C. Phillip Bivens
                                District Attorney General
                                P.O. Drawer E
                                Dyersburg, TN 38024

                                James E. Lanier
                                Assistant District Attorney General
                                P.O. Box Drawer E
                                Dyersburg, TN 38024                        

Judge: Jones

First Paragraph:

The appellant, Eddie Joe Mann, was convicted of theft under $500, a
Class A felony, by a jury of his peers.  The trial court imposed a
sentence consisting of a $1,000 fine and confinement for eleven months
and twenty-nine days in the Dyer County Jail.  The appellant is
required to serve twenty (20) days of the sentence with the balance of
the sentence suspended.  In this Court, the appellant contends the
evidence introduced during the trial is insufficient, as a matter of
law, to support his conviction, the trial court erred by permitting
the state to cross-examine him about the number of guns he observed
when Scotty Twitty approached him, and the sentence imposed by the
trial court is excessive.  After a thorough review of the record, the
briefs of the parties, and the authorities governing the issues
presented for review, it is the opinion of the Court that the judgment
of the trial court should be affirmed.

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

ROGER DALE McKINNEY
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For Appellant:              For Appellee:
George Morton Googe         Charles W. Burson
District Public Defender    Attorney General & Reporter
and 
Pamela J. Drewery           Ellen H. Pollack
Assistant Public Defender   Assistant Attorney General
227 West Baltimore Street   450 James Robertson Parkway
Jackson, TN  38301          Nashville, TN  37243-0493           
                            Jerry Woodall 
                            District Attorney General 

                            Don Allen 
                            Assistant District Attorney General
                            P.O. Box 2825 
                            Jackson, TN  38301                         

Judge: WADE

First Paragraph:

The petitioner, Roger Dale McKinney, appeals the trial court's summary
dismissal of his petition for post-conviction relief.  The single
issue presented for review is whether the petitioner's claims had been
either waived or previously determined. We affirm the judgment of the
trial court.

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

STATE OF TENNESSEE
vs.
MICHAEL ANTHONY PIKE

Court:TCCA

Attorneys:    

FOR THE APPELLANT               FOR THE APPELLEE

Barton F. Robison               Charles W. Burson
104 West Washington Street      Attorney General and Reporter
Paris, Tennessee  38242         450 James Robertson Parkway
                                Nashville, Tennessee  37243-0493
                    
                                Michelle L. Lehman
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, Tennessee  37243-0493

                                Robert Radford                                                      
                                District Attorney General

                                Vicki Snyder 
                                Assistant District Attorney General 
                                P.O. Box 686
                                Huntingdon, Tennessee  38344                      

Judge: Barker

First Paragraph:

The Appellant, Michael Anthony Pike, appeals as of right his sentences
for simple possession of marijuana, possession of marijuana with
intent to sell, and possession of drug paraphernalia.  He argues on
appeal that the trial judge erred by not placing him in community
corrections or, in the alternative, by not giving him the minimum
statutory sentences.  After a careful review of the record on appeal,
we affirm the trial court's judgment.

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

STATE OF TENNESSEE
vs.
GARY LYNN SYKES

Court:TCCA

Attorneys: 

For Appellant:
G. Stephen Davis
District Public Defender
208 N. Mill Avenue
P.O. Box 742
Dyersburg, TN  38025-0742

For Appellee:

Charles W. Burson
Attorney General & Reporter

Sarah M. Branch
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN  37243-0493

James E. Lanier
Assistant District Attorney General
P. O. Box E
Dyersburg, TN  38024                         

Judge: WADE

First Paragraph:

At the conclusion of a bench trial, the defendant, Gary Lynn Sykes,
was convicted of aggravated assault.  The trial court required
restitution of $4,421.00 and imposed a Range I, three-year sentence in
the Dyer County jail; all but sixty days were suspended.  In his
appeal of right, the defendant challenges the sufficiency of the
evidence.  We affirm.

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

STATE OF TENNESSEE
vs.
KEITH U. TATE and WILLIE F. TATE

Court:TCCA

Attorneys: 

For Appellants:                 For Appellee:

For defendant Keith U. Tate:    Charles W. Burson
W. Mark Ward,                   Attorney General & Reporter
Assistant Public Defender 
147 Jefferson, Suite 900        Clinton J. Morgan
Memphis, TN  38103              Counsel for the State 
(on appeal)                     450 James Robertson Parkway
                                Nashville, TN  37243-0493
Trent Hall                  
Assistant Public Defender       Judson W. Phillips 
201 Poplar Avenue, Second Fl    Assistant District Attorney General
Memphis, TN  38103              201 Poplar Avenue, Third Floor
(at trial)                      Memphis, TN  38103
                        
Of Counsel:                 
A.C. Wharton
District Public Defender
                
For defendant Willie F. Tate:           
Brett B. Stein, Attorney        Addie Burks, Attorney 
236 Adams Avenue                100 North Main Building     
Memphis, TN  38103              Memphis, TN  38103      
(on appeal)                     (at trial)                           

Judge: WADE

First Paragraph:

The defendant, Keith U. Tate, was convicted of aggravated sexual
battery.  The trial court imposed a Range II, seventeen-year sentence.
The defendant, Willie F. Tate, was convicted of aggravated assault.
The trial court imposed a Range II, eight-year sentence. In these
appeals of right, each of the defendants complain that the evidence
was insufficient to support their convictions.  We find no error and
affirm each of the judgments.

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

STATE OF TENNESSEE
vs.
DONALD RAY TURNER

Court:TCCA

Attorneys:  

FOR THE APPELLANT:          FOR THE APPELLEE:

Campbell Smoot              Charles W. Burson
District Public Defender    Attorney General & Reporter 

Rachel E. Willis            Karen M. Yacuzzo
Assistant Public Defender   Assistant Attorney General
605 East Carroll Street     Criminal Justice Division
P.O. Box 260                450 James Robertson Parkway
Tullahoma, TN 37388         Nashville, TN 37243-0493
                            C. Michael Layne 
                            District Attorney General
                            P.O. Box 147
                            Manchester, TN 37355                        

Judge: SUMMERS

First Paragraph:

The appellant, Donald Ray Turner, appeals the trial court's revocation
of his probation.  We affirm.

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

ELBERT L. WILLIAMS
vs.
STATE OF TENNESSEE

Court:TCCA

Judge: WELLES

First Paragraph:

The petitioner contends that the trial court erred in dismissing his
petition for writ of habeas corpus.  Specifically, the petitioner
asserts that his 1991 guilty plea to possession of cocaine with intent
to sell is void because the incident that gave rise to his conviction
also gave rise to the forfeiture of $18,000 that was seized from the
petitioner at the time of his arrest.  In dismissing the petitioner's
petition for writ of habeas corpus, the trial court found that the
claim in the petition would not render the petitioner's conviction
void.  Accordingly, the trial court granted the state's motion to
dismiss. We agree with the trial court and grant the state's motion to
affirm the judgment.

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

STATE OF TENNESSEE
vs.
JETT LINDSAY WRIGHT and WENDELL WHEELER

Court:TCCA

Attorneys:

For Appellant Wright:               For the State of Tennessee:

John G. Mitchell                    Charles W. Burson
215 N. Academy Street               Attorney General and Reporter
P.O. Box 1336                       450 James Robertson Parkway
Murfreesboro, TN  37133-1336        Nashville, TN  37243-0485

For Appellant Wheeler:              Karen M. Yacuzzo
                                    Assistant Attorney General
Gerald L. Melton                    450 James Robertson Parkway
201 West Main Street                Nashville, TN 37243-0493
Suite, 101, Court Square Bldg.
Murfreesboro, TN  37130             David Puckett
                                    Asst District Attorney General
                                    Rutherford County Judicial Bldg.
                                    Murfreesboro, TN  37130
                         
Judge: WADE

First Paragraph:

The defendants, Jett Lindsay Wright and Wendell Wheeler, pled guilty
to one count each of possession of over 70 pounds of marijuana for
resale.  The trial court imposed Range I, eight-year sentences on each
of the defendants.  All but 180 days was suspended for Wright.  All
but 365 days was suspended for Wheeler.  The defendants reserved the
right to appeal as a certified question of law the denial of their
motion to suppress the evidence of the 70 pounds of marijuana.  See
Tenn. R. Crim. P. 11(e) and 37(b)(2).  AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/WRIGHTJL_OPN.WP6

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