TBALink Opinion-Flash

January 29, 1997 -- Volume #3 -- Number #012

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
01-New Opinions From TSC-Workers Comp Panel
06-New Opinions From TCA
16-New Opinions From TCCA

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  • 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


RONALD L. SHOOK
vs.
YATES CONSTRUCTION COMPANY, INC, and CNA INSURANCE COMPANIES

Court:TSC - Workers Comp Panel

Attorneys:                          

For Appellant:              For Appellee:
Robert C. Edwards           Stephen E. Yeager
Knoxville, Tennessee        Lowe, Shirley & Yeager
                            Knoxville, Tennessee

Judge: Loser

First Paragraph:

In this appeal, the employee or claimant, Shook, contends the evidence
preponderate against the trial judge's finding that his psychological
condition did not arise out of his employment.  The panel has
concluded that the judgment should be affirmed.

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

HERMAN CRAIG, d/b/a SMYRNA HOME IMPROVEMENTS    
vs.
CONTINENTAL DEVELOPMENT AND CONSTRUCTION, INC.

Court:TCA

Attorneys: 

JOHN D. DRAKE
6 Public Square North
Murfreesboro, Tennessee 37130
    ATTORNEY FOR PLAINTIFF/APPELLEE

IRWIN J. KUHN
Eisenstein Moses & Mossman
One Church Street Building, Suite 500
Nashville, Tennessee 37201
    ATTORNEY FOR DEFENDANT/APPELLANT
                         
Judge: LEWIS

First Paragraph:

This is an appeal by defendant/appellant, Continental Development and
Construction, Inc. ("CDC"), from a decision of the chancery court
denying CDC's claim to a set off.  REVERSED AND REMANDED.

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

EDWARD J. EYRING, M.D. individually and for the use and 
benefit of EDWARD J. EYRING, M.D., P.C.
vs.
EAST TENNESSEE BAPTIST HOSPITAL

Court:TCA

Attorneys:

JOHN K. KING and ALAN M. PARKER, LEWIS, KING, KRIEG, WALDROP & CATRON,
P.C., Knoxville, for Plaintiff-Appellant.

DAVID L. STEED, CORNELIUS & COLLINS, Nashville, and MARC E. OVERLOCK
and ROBERT J. GONZALES, TENNESSEE MEDICAL ASSOCIATION, Nashville, for
Tennessee Medical Association, Amicus Curiae.

WILLIAM B. HUBBARD, WEED, HUBBARD, BERRY & DOUGHTY, Nashville, for
Tennessee Hospital Association, Amicus Curiae.

R. FRANKLIN NORTON and GEOFFREY D. KRESSIN, WIMBERLY LAWSON NORTON &
LUHN, PLLC, Knoxville, for Defendant-Appellee.

CHARLES W. BURSON, ATTORNEY GENERAL & REPORTER, and MICHELLE HOHNKE
JOSS, ASSISTANT ATTORNEY GENERAL, Nashville, for Intervenor/Appellee,
State of Tennessee.

Judge: Franks

First Paragraph:

In this action for breach of contract for damages, the defendant was
granted summary judgment and plaintiff has appealed. Plaintiff is a
physician who was granted clinical privileges at Defendant Hospital in
1974.  The hospital bylaws provided for a reappointment process every
two years.  This process had resulted in plaintiff's reappointment
nine times. AFFIRMED IN PART, VACATED IN PART, AND REMANDED.

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

DONNA LAMBERT, Individually, 
and as widow of CHARLES LAMBERT
Deceased
vs.
BAPTIST HOSPITAL, INC. 

Court:TCA

Attorneys: 

Thomas F. Bloom, Nashville, Tennessee
Attorney for Plaintiff/Appellant.

Gayle Malone, Jr.,
Kathryn J. Ladd,
TRABUE, STURDIVANT & DeWITT, Nashville, Tennessee
Attorney for Defendant/Appellee.
                         
Judge: FARMER

First Paragraph:

The plaintiff, Donna Lambert, sued for the wrongful death of her
husband, Charles Lambert, allegedly caused by the negligence of the
defendant and its agents and employees.  The defendant's motion for
partial summary judgment was granted, the trial court directed the
entry of a final judgment pursuant to Rule 54.02 T.R.C.P. and this
appeal results. AFFIRMED AND REMANDED.

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

BARBARA MANGRUM
vs.
WAL-MART STORES, INC.

Court:TCA

Attorneys:  

Hon. E. Covington Johnston, Jr.         
136 4th Avenue, South
P.O. Box 1608
Franklin, TN 37065-1608             
ATTORNEY FOR PLAINTIFF/APPELLANT


Hon. Bradley Gilmore                Hon. Charles A. Powell, III
Noel Place, Fifth Floor             2900 Am South/Harbert Plaza
200 Fourth Avenue, North            1901 Sixth Avenue North
Nashville, TN 37217                 Birmingham, AL 35203
ATTORNEYS FOR DEFENDANT/APPELLEE                        

Judge: TODD

First Paragraph:

The captioned plaintiff has appealed from the summary dismissal of her
suit for age discrimination in her discharge from employment by the
defendant. AFFIRMED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/mangrum2_opn.WP6
Opinion-Flash

HAROLD OWENBY
vs.
CITY OF KNOXVILLE and CIVIL SERVICE MERIT BOARD OF KNOXVILLE

Court:TCA

Attorneys: 

ANN C. SHORT, Knoxville, for Petitioner-Appellant.

GORDON D. FOSTER, LACY & WINCHESTER, P.C., Knoxville, and BRIAN T.
BABB, CITY OF KNOXVILLE LAW DEPARTMENT, Knoxville, for
Respondents-Appellees.
                      
Judge: Franks

First Paragraph:

Petitioner's petition for judicial review filed on March 11, 1991 in
Chancery Court, essentially charged that the Civil Service Merit Board
had administered a civil service test of 120 multiple choice questions
for the position of Fire Assistant Chief, and after the test had been
scored, 12 of the questions were "thrown out" and the test papers
regraded all to the detriment of petitioner.  He asked that
respondents "make available to him the 17 bad/difficult or dual answer
questions, his answers to those questions and the keyed or correct
answers." AFFIRMED AND REMANDED.

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

ROBERT T. WARING
vs.
POLYMER MATERIALS, INC.; PRIMEX PLASTICS CORPORATION; ICC INDUSTRIES,
INC.; JOHN J. FARBER; JOHN L. ORAM; and PAUL J. BERTSCH

Court:TCA

Attorneys:  

TIMOTHY R. SIMONDS and ERIC PAUL EDWARDSON, BAKER, DONELSON, BEARMAN &
CALDWELL, P.C., Chattanooga, for Appellant.

HUGH J. MOORE, JR., DOUGLAS E. PECK, and JOEL A. CONKIN, WITT, GAITHER
& WHITAKER, P.C., Chattanooga, for Appellees.
                     
Judge: Franks

First Paragraph:

In this action based on an employment agreement, plaintiff seeks
recovery of damages for breach of contract and other theories, because
he did not receive any bonuses under terms of the agreement. The Trial
Judge granted summary judgments and dismissed as to all defendants and
plaintiff has appealed. AFFIRMED AND REMANDED AS MODIFIED.

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

STATE OF TENNESSEE
vs.
JOSEPH CATTONE

Court:TCCA

Attorneys:  

For Appellee:                   For Appellant:
Charles M. Corn                 Charles W. Burson
Public Defender                 Attorney General & Reporter
Attorney for Appellee
P.O. Box 1453                   Hunt S. Brown
Cleveland, TN  37364-1453       Assistant Attorney General
                                Criminal Justice Division 
                                450 James Robertson Parkway
                                Nashville, TN  37243-0493                                   
                                Jerry N. Estes
                                District Attorney General 

                                Rebble Johnson 
                                Asst. District Attorney General 
                                Tenth Judicial District 
                                P.O. 1351
                                Cleveland, TN  37364-1351                       

Judge: WADE

First Paragraph:

The State of Tennessee appeals the dismissal of an indictment against
the defendant, Joseph Cattone. The issue on appeal is whether the
trial court erroneously dismissed the indictment.  Because we disagree
with the ruling of the trial court, we must reverse the order of
dismissal, reinstate the indictment, and remand for trial.

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

STATE OF TENNESSEE
vs.
MIKE D. DAVIDSON

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

Leslie S. Hale                      Charles W. Burson
Asst District Public Defender       Attorney General &  Reporter
P.O. Box 839                        500 Charlotte Avenue
Blountville, TN 37617-0839          Nashville, TN 37243-0497

OF COUNSEL:                         Susan Rosen
                                    Assistant Attorney General
Stephen M. Wallace                  450 James Robertson Parkway
District Public Defender            Nashville, TN 37243-0493
P.O. Box 839
Blountville, TN 37617-0839          H. Greeley Wells, Jr.
                                    District Attorney General
                                    P.O. Box 526
                                    Blountville, TN  37617-0526

                                    Teresa M. Smith
                                    Asst District Attorney General
                                    P.O. Box 526
                                    Blountville, TN  37617-0526                          

Judge: Jones

First Paragraph:

The sole issue presented for review is whether the evidence contained
in the record is insufficient, as a matter of law, to support a
finding by a rational trier of fact that the appellant was guilty of
violating a habitual traffic offender order beyond a reasonable doubt.
After a thorough review of the record, the briefs submitted by the
parties, and the authorities which govern this issue, 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/davidson_opn.WP6
Opinion-Flash

TRAVIS DYER
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:        

FOR THE APPELLANT:          FOR THE APPELLEE:

CHRISTOPHER VAN RIPER       CHARLES W. BURSON
300 Market Street           Attorney General and Reporter
Clinton, TN 37716
                            EUGENE J. HONEA
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            RANDALL E. NICHOLS
                            District Attorney General

                            STEVE GARRETT
                            Assistant District Attorney General
                            City-County Building
                            Knoxville, TN 37902                  

Judge: WELLES

First Paragraph:


The Petitioner appeals the trial court's denial of his petition for
post conviction relief.  He was convicted by a jury verdict of
first-degree murder and was sentenced to life imprisonment.  In this
appeal, he argues (1) That the jury instruction inferring malice from
the use of a deadly weapon denied him due process under the United
States and Tennessee constitutions; (2) that the jury instruction on
premeditation and deliberation denied him due process; and (3) that
counsel provided ineffective assistance because of counsel's failure
to raise voluntary intoxication as a defense at trial.  We conclude
that the trial court properly denied the petition for post-conviction
relief and affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
TIMOTHY WADE HALL, SR.

Court:TCCA

Attorneys:  

FOR THE APPELLANT:              FOR THE APPELLEE:
GEORGE MORTON GOOGE             CHARLES W. BURSON
Public Defender                 Attorney General & Reporter
227 W. Baltimore
Jackson, TN   38301             WILLIAM DAVID BRIDGERS
    (On Appeal)                 Asst. Attorney General
                                450 James Robertson Pkwy.   
PAMELA J. DREWERY               Nashville, TN  37243-0493
Asst. Public Defender               
227 W. Baltimore                JERRY WOODALL
Jackson, TN   38301             District Attorney General
    (At Trial)
                                DON ALLEN
                                Asst. District Attorney General
                                P.O. Box 2825           
                                Jackson, TN   38302                        

Judge: PEAY

First Paragraph:

The defendant was convicted by a jury of attempt to commit second
degree murder and aggravated assault.  After a hearing, he was
sentenced to twelve years on the attempt offense and eight years on
the assault offense, to run concurrently.  In this appeal as of right,
the defendant argues that his two convictions must be merged; that the
trial court erred in denying his motion for mistrial; and that his
sentence is excessive.  Finding merit in the first of these issues, we
reverse and dismiss the defendant's conviction for aggravated assault.
We otherwise affirm the judgment 

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

STATE OF TENNESSEE
vs.
JESSIE JONES, JR.,  
a/k/a JESSE JONES

Court:TCCA

Attorneys: 

For Appellant:              For Appellee:
Tom W. Crider               Charles W. Burson
District Public Defender    Attorney General & Reporter

Periann S. Houghton         Karen Yacuzzo 
Asst. Public Defender       Assistant Attorney General
107 South Court Square      450 James Robertson Parkway
Trenton, TN  38382          Nashville, TN  37243-0493                               
                            Vickie Pigg Hall 
                            Legal Assistant 

                            Clayburn L. Peeples
                            District Attorney General
    
                            Theodore H. Neumann and 
                            Sarah Levy 
                            Asst. District Attorneys General
                            109 East First Street
                            Trenton, TN  38382 

                            Larry Hardister
                            Asst. District Attorney General 
                            110 College Street, Ste. 200 
                            Trenton, TN  38382                          

Judge: WADE

First Paragraph:

The defendant, Jessie Jones, Jr., a/k/a Jesse Jones, was convicted of
robbery, aggravated assault, and two counts of aggravated burglary. 
The trial court imposed Range II sentences of ten years on each count;
the sentences for aggravated burglary were ordered to be served
consecutively to each other but concurrent with the assault and
robbery sentences.  By our calculation, the effective sentence is
twenty years.  AFFIRMED.

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

TERRY SHANNON KIMERY
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:
TERRY SHANNON KIMERY        CHARLES W. BURSON
PRO SE                      Attorney General and Reporter
P.O. Box 5000
Mountain City, TN 37683     EUGENE J. HONEA
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            C. BERKELEY BELL
                            District Attorney General

                            ERIC CHRISTINSEN
                            Assistant District Attorney General
                            113 W. Church Street
                            Greeneville, TN 37743
                          

Judge: WELLES,

First Paragraph:

The Petitioner appeals as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure from the trial court's dismissal of his
second petition for post-conviction relief.  The Petitioner was
convicted on a jury verdict of armed robbery and two counts of
kidnaping. He was sentenced to fifty (50) years for the armed robbery
and ten (10) years for each count of kidnaping.  The sentences for
kidnaping were ordered to run consecutively to each other but
concurrently with the sentence for armed robbery. These sentences were
also ordered to begin after the expiration of a sentence for which
parole had been revoked.  In his only issue on this appeal, the
Petitioner argues that the "moral certainty" language in the
reasonable doubt jury instruction at trial impermissibly lowered the
burden of proof and violated his constitutional right to the "beyond a
reasonable doubt" standard of proof.  We affirm the judgment of the
trial court.

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

STEPHEN KOPROWSKI
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

For the Appellant:              For the Appellee:
Douglas A. Trant                Charles W. Burson
900 S. Gay St.                  Attorney General and Reporter
Suite 1502                          
Knoxville, TN 37902
                                Eugene J. Honea
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493
                        
Judge: Barker

First Paragraph:

In this consolidated appeal, Stephen Koprowski, appeals the dismissal
of his post-conviction petitions filed in the Criminal Court of Knox
County and the Circuit Court of Anderson County.  Both of the trial
courts summarily dismissed appellant's petitions because they were
filed outside the statute of limitations.  Finding no error in the
trial courts' rulings, we affirm the dismissal of the petitions.

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

STATE OF TENNESSEE
vs.
RANDY A. McCLURE and TEDDY G. OWNBY

Court:TCCA

Attorneys:     

FFor the Appellant:             For the Appellee:
For Appellants:                 For Appellee:
Bryan E. Delius                 Charles W. Burson
Marshall & Delius, Attorneys    Attorney General & Reporter
124 Court Avenue, Suite 201
Sevierville, TN  37862          Sandy R. Copous 
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN  37243-0493       

                                Al Schmutzer, Jr.
                                District Attorney General 

                                G. Scott Green 
                                Assistant District Attorney General 
                                Suite 301-E
                                125 Court Avenue 
                                Sevierville, TN  37862 

Judge: WADE

First Paragraph:

The defendants, Randy McClure and Teddy Ownby, appeal from a judgment
of the trial court declaring each of them habitual motor vehicle
offenders.  Tenn. Code Ann. SS 55-10-601 to -618.  The single issue
presented for review is whether a prior conviction for driving under
the influence precludes, on double jeopardy principles, a subsequent
proceeding under the Habitual Motor Vehicle Offenders Act. We affirm
the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
JAMES E. MOOREHEAD

Court:TCCA

Attorneys:                          

For the Appellant:              For the Appellee:
Charles M. Corn                 Charles W. Burson
District Public Defender        Attorney General & Reporter

A. Wayne Carter                 Christine Lapps             
Assistant Public Defender       Assistant Attorney General
P.O. Box 1453                   404 James Robertson Parkway
Cleveland, TN  37364-1453       Nashville, TN 37243-0489  

                                Jerry N. Estes
                                District Attorney General

                                Rebble S. Johnson
                                Assistant District Attorney General
                                P.O. Box 1351
                                Cleveland, TN  37364-1351
Judge:  BYERS

First Paragraph:

The defendant was found guilty of the sale or delivery of more than
0.5 ounces but less than 10 pounds of marijuana.  He was fined
$4,000.00 and  sentenced to serve six years as a persistent offender.
The defendant says the evidence is insufficient to support the verdict
and also says the trial court erred when it charged the jury that the
minimum amount of time that could be served in prison for the felony
was three months. We affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
TIMOTHY J. PATTERSON

Court:TCCA

Attorneys:   

For the Appellant:      For the Appellee:

Bill Anderson, Jr.      Charles W. Burson
138 N. Third St.        Attorney General and Reporter
Memphis, TN  38103  
                        M. Allison Thompson
                        Assistant Attorney General                          
                        Criminal Justice Division
                        450 James Robertson Parkway
                        Nashville, TN 37243-0493                
                        
                        John W. Pierotti
                        District Attorney General

                        Daniel Woody and Jennifer Nichols
                        Asst. District Attorneys General
                        Third Floor, Criminal Justice Complex
                        201 Poplar
                        Memphis, TN  38103                       

Judge: Hayes

First Paragraph:

The appellant, Timothy J. Patterson, was convicted by a Shelby County
jury of one count of criminal attempt to commit voluntary manslaughter
and one count of criminal attempt to commit aggravated rape. 
Following his convictions, the Shelby County Criminal Court imposed
Department of Correction sentences of four years for the attempted
voluntary manslaughter conviction and ten years for the attempted
aggravated rape conviction.  The sentences were ordered to run
concurrently.  In this appeal, the appellant contends that the
evidence is insufficient to support his convictions. After a review of
the record, we affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
ELBERT PURDY

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:
G. Stephen Davis                Charles W. Burson
District Public Defender        Attorney General and Reporter
208 Mill Avenue, North          500 Charlotte Avenue
Dyersburg, TN 38025-0742        Nashville, TN 37243-0497
(Appeal Only)
                                Sarah M. Branch
Timothy C. Naifeh               Assistant Attorney General
Attorney at Law                 450 James Robertson Parkway
102 Court Street, South         Nashville, TN 37243-0493
Tiptonville, TN 38079               
(Trial Only)                    C. Phillip Bivens
                                District Attorney General
                                P.O. Drawer E
                                Dyersburg, TN 38025                          

Judge: Jones

First Paragraph:

The sole issue presented for review is whether the sentences imposed
by the trial court are excessive.  The appellant, Elbert Purdy, asks
this Court to modify his sentences and impose some form of alternative
sentencing.  The State of Tennessee argues the sentences imposed by
the trial court are not excessive, and the trial court properly
refused to impose alternative sentencing.  After a thorough review of
the record, the briefs submitted by the parties, and the authorities
which govern the issue presented for review, this Court is of the
opinion the judgment of the trial court should be affirmed.

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

JAMES RINES
vs
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

For the Appellant:          For the Appellee:
ON APPEAL:                  Charles W. Burson
R. J. Tucker                Attorney General and Reporter
317 East Main Street        
Newport, TN 37821           Sandy R. Copous
                            Assistant Attorney General                                              
                            Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493                
            
                            Alfred C. Schmutzer, Jr.
                            District Attorney General

                            James B. Dunn
                            Asst. District Attorney General
                            339 East Main Street
                            Newport, Tn 37821                        

Judge: Hayes

First Paragraph:

The appellant, James Rines, appeals the Cocke County Criminal Court's
denial of his petition for post-conviction relief.  In this appeal,
the appellant contends that his conviction for first degree murder is
constitutionally deficient because (1) the trial court's jury
instructions on "reasonable doubt" and "premeditation and
deliberation" were erroneous and (2) he was denied the effective
assistance of counsel. After a review of the record, we affirm the
judgment of the trial court.

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

JAMES MICHAEL ROBBINS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

For Appellant:                  For Appellee:
James Michael Robbins           Charles W. Burson
Pro Se                          Attorney General & Reporter
Morgan County Regional
     Correctional Facility      Elizabeth T. Ryan 
Box 2000                        Assistant Attorney General
Unit 14                         450 James Robertson Parkway
Wartburg, TN  37887             Nashville, TN  37243-0493       

                                Al Schmutzer, Jr.
                                District Attorney General 
    
                                G. Scott Green                                      
                                Assistant District Attorney General
                                Sevier County Courthouse 
                                Sevierville, TN  37862 
Judge: WADE

First Paragraph:

The petitioner, James Michael Robbins, appeals the trial court's
denial of post-conviction relief.  The single issue presented for
review is whether the petition was barred by the statute of
limitations.  Tenn. Code Ann. S 40-30-102.  We affirm the judgment of
the trial court.

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

STATE OF TENNESSEE
vs.
CARL ROSS

Court:TCCA

Attorneys:

For Appellant:                      For Appellee:
William L. Johnson, Attorney        Charles W. Burson
50 North Front Street, #1150        Attorney General & Reporter
Memphis, TN  38103 
                                    Clinton J. Morgan 
                                    Counsel for the State 
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493           
                                    Terrell L. Harris and
                                    David C. Henry 
                                        Assistant District 
                                        Attorneys General
                                    Criminal Justice Center 
                                    Third Floor 
                                    201 Poplar Avenue
                                    Memphis, TN  38103                           

Judge: WADE

First Paragraph:

The defendant, Carl Ross, was convicted on two counts of attempt to
commit second degree murder, three counts of aggravated robbery, and
one count of theft in excess of $1,000.00.  The trial court classified
the defendant as a Career Offender and imposed consecutive sentences
of thirty years on each of the attempted murder and robbery
convictions and twelve years for the theft.  The effective sentence is
162 years at 60%.  AFFIRMED.

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

STATE OF TENNESSEE
vs.
THOMAS WARE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:
JOHN R. CANDY               CHARLES W. BURSON
22 North Front #880         Attorney General and Reporter
Memphis, TN 38103
                            MARY ANNE QUEEN
                            Legal Assistant
                        
                            WILLIAM DAVID BRIDGERS
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            JOHN W. PIEROTTI
                            District Attorney General

                            ROBERT CARTER
                            Assistant District Attorney General
                            Criminal Justice Complex, Third Floor
                            201 Poplar
                            Memphis, TN 38103                         

Judge: SMITH

First Paragraph:

A Shelby County Criminal Court jury found Appellant Thomas Ware guilty
of second degree murder.  As a Range I standard offender, he received
a sentence of twenty-two years in the Tennessee Department of
Correction.  In this appeal, Appellant presents the following issues
for review:  (1) whether the evidence presented at trial is legally
sufficient to sustain a conviction for second degree murder, and (2)
whether the trial court erred in determining the length of sentence.
After a review of the record, we affirm the judgment of the trial
court.

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

STATE OF TENNESSEE
vs.
RUSSELL WILHOIT

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:
JEFFERY C. KELLY                CHARLES W. BURSON
Public Defender                 Attorney General and Reporter
142 East Market Street
Johnson City, TN 37601          HUNT S. BROWN
                                Assistant Attorney General
DEBORAH B. HUSKINS              450 James Robertson Parkway
Assistant Public Defender       Nashville, TN 37243-0493
142 E. Market Street
Johnson City, TN 37605          DAVID CROCKETT
                                District Attorney General

                                KENT GARLAND    
                                Assistant District Attorney General
                                P.O. Box 38
                                Jonesborough, TN 37659                         

Judge: WELLES

First Paragraph:

This is an appeal pursuant to Rule 37(b)(2)(i) of the Tennessee Rules
of Criminal Procedure.  The Defendant pleaded guilty to driving on a
revoked license and driving under the influence (second offense). 
With the agreement of the State and the trial court, he reserved a
certified question of law that is dispositive of the case.  The
certified question arose from the trial court's denial of a motion to
suppress evidence obtained from an encounter with a police officer at
the Defendant's parked car.  We affirm the judgment of the trial
court.

URL:http://www.tba.org/tba_files/TCA/wilhoitr_opn.WP6

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