TBALink Opinion-Flash

January 30, 1997 -- Volume #3 -- Number #013

Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.

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00-New Opinions From TSC
00-New Opinions From TSC-Rules
00-New Opinions From TSC-Workers Comp Panel
02-New Opinions From TCA
19-New Opinions From TCCA

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George Dean
TBALink Chief Editor


CHARLIE BURKS
vs.
BRETT STEIN

Court:TCA

Judge: TOMLIN

First Paragraph:

Plaintiff in this cause timely filed a Petition to Rehear pursuant to
Rule 39 T.R.A.P., to which pursuant to this court's order defendant
has filed a response.  After due consideration of all the above, we
are of the opinion that the petition to rehear should be denied.

URL:http://www.tba.org/tba_files/TCA/BURKS2_ORD.WP6
Opinion-Flash

MONICA R. WILLIAMS
vs.
CLAUDE WILLIAMS

Court:TCA                          

Judge: FARMER

First Paragraph:

Claude D. Williams (Husband) appeals from the trial court's award of
rehabilitative alimony to be paid to Monica R. Williams (Wife) at $500
per month for eighteen months. The judgment is affirmed in accordance
with Court of Appeals Rule 10(a)(1)(3).

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

STATE OF TENNESSEE
vs.
MARY A. ANGUS

Court:TCCA

Attorneys:  

FOR THE APPELLANT:              FOR THE APPELLEE:
Robert H. Stovall               Charles W. Burson
Asst District PD                Attorney General & Reporter
P.O. Box 160                    500 Charlotte Avenue
Charlotte, TN 37036-0160        Nashville, TN 37243-0497

OF COUNSEL:                     Clinton J. Morgan
                                Assistant Attorney General
Shipp R.  Weems                 450 James Robertson Parkway
District Public Defender        Nashville, TN 37243-0493
P.O. Box 160
Charlotte, TN 37036-0160        Dan M. Alsobrooks
                                District Attorney General
                                P.O. Box 580
                                Charlotte, TN 37036-0580

                                George C. Sexton        
                                Assistant District Attorney General
                                Humphreys County Courthouse, # 206
                                Waverly, TN 37185                        

Judge: Jones

First Paragraph:

The appellant, Mary A. Angus, was convicted of driving while under the
influence, a Class A misdemeanor, by a jury of her peers.  The trial
court sentenced the appellant to pay a fine of $350 and serve eleven
months and twenty-nine days in the Humphreys County Jail.  The trial
court suspended all but thirty days of the sentence.  In this Court,
the appellant contends the evidence contained in the record is
insufficient, as a matter of law, to support a finding by a rational
trier of fact that she was guilty of driving while intoxicated beyond
a reasonable doubt.  After a thorough review of the record, the briefs
of the parties, and the authorities which govern the issue presented
for review, it is the opinion of this Court the judgment of the trial
court should be affirmed pursuant to Rule 20, Tenn. Ct. Crim. App.

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

FRANK BELL
vs.
RICKY BELL, WARDEN, AND STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:
Dwight E. Scott             Charles W. Burson
Attorney at Law             Attorney General & Reporter
4100 Colorado Avenue        500 Charlotte Avenue
Nashville, TN 37209         Nashville, TN 37243-0497

                            Eugene J. Honea
                            Assistant District Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            Victor S. Johnson, III
                            District Attorney General
                            Washington Square, Suite 500
                            222 2nd Avenue, North
                            Nashville, TN 37201-1649

                            Nicholas D. Bailey
                            Assistant District Attorney General
                            Washington Square, Suite 500
                            222 2nd Avenue, North
                            Nashville, TN 37201-1649                          

Judge: Jones

First Paragraph:

The appellant, Frank Bell, appeals of right from a judgment of the
trial court summarily dismissing his petition for the writ of habeas
corpus.  Two issues are presented for review:  (a) does Tenn. Code
Ann. S 40-35-501, entitled "Release Eligibility Status --
Calculations," violate the separation of powers provisions contained
in the Tennessee Constitution, and render the judgment of the trial
court void, and (b) whether the sentences imposed by the trial court
are indeterminate sentences, which are prohibited by Tenn. Code Ann. 
S40-35-211.  After a thorough review of the record, the briefs
submitted by the parties, and the authorities controlling the issues
presented for review, it is the opinion of this Court that the
judgments of the trial court should be affirmed pursuant to Rule 20,
Tennessee Court of Criminal Appeals.

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

STATE OF TENNESSEE
vs.
BOBBY VINCENT BLACKMON

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:
MARK W. HENDERSON               CHARLES W. BURSON
P.O. Box 1814                   Attorney General & Reporter
Hendersonville, TN   37077
                                WILLIAM DAVID BRIDGERS
                                Asst. Attorney General
                                450 James Robertson Pkwy.                               
                                Nashville, TN  37243-0493
                
                                LAWRENCE RAY WHITLEY
                                District Attorney General

                                KATHI PHILLIPS
                                Asst. District Attorney General
                                113 E. Main St. 
                                Gallatin, TN   37066                         

Judge: PEAY

First Paragraph:

The defendant was indicted for possession of cocaine with intent to
sell and was convicted of this offense by a jury.  Following his
conviction, the defendant filed a motion for arrest of judgment on the
grounds that the trial judge presided over the trial in violation of
the Tennessee Constitution because she had earlier presided over the
defendant's preliminary hearing while sitting as a General Sessions
judge.  After a hearing, the trial court granted the defendant's
motion and ordered a new trial, from which the State now appeals.
AFFIRMED IN PART; REVERSED AND REMANDED IN PART.

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

STATE OF TENNESSEE
vs.
TERRY L. BURTON

Court:TCCA

Attorneys:                          

FOR THE APPELLANT               FOR THE APPELLEE
Carlton M. Lewis                Charles W. Burson
208 Third Avenue, 5th Floor     Attorney General and Reporter
Nashville, Tennessee 37201      450 James Robertson Parkway
                                Nashville, Tennessee 37243-0493
                    
                                Lisa A. Naylor                                      
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, Tennessee 37243-0493

                                Victor S. Johnson, III
                                District Attorney General
                                Washington Square
                                222 2nd Avenue North, Ste 500
                                Nashville, Tennessee 37201-1649

                                Jon P. Seaborg
                                Assistant District Attorney General
                                Washington Square
                                222 2nd Avenue North, Ste 500
                                Nashville, Tennessee 37201-1649

Judge: Barker

First Paragraph:

The Appellant, Terry L. Burton, appeals as of right his sentence for
one count of reckless endangerment.  He contends that the trial court
erred when it ordered split confinement instead of suspending his
sentence and placing him on probation. We affirm the trial court's
sentences.

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

DANIEL L. CROW
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:
CHARLES GRIFFITH                CHARLES W. BURSON
P.O. Box 456                    Attorney General & Reporter
415 West Main Street
Waverly, Tennessee 37185        KAREN YACUZZO
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, Tennessee 37243

                                MIKE BOTTOMS
                                District Attorney General Pro Tem

                                JAMES WHITE
                                Assistant District Attorney General
                                P.O. Box 279
                                Lawrenceburg, Tennessee 38464                          

Judge: RILEY

First Paragraph:

This is an appeal from denial of post conviction relief.  Crow was
convicted of second degree murder and aggravated robbery and sentenced
to an effective sixty year term of imprisonment.  The issues for
review are: (1) whether defendant was denied counsel at a critical
stage of prosecution; (2) whether the post conviction court erred in
finding that personal opinions during the state's closing argument did
not constitute prosecutorial misconduct; (3) whether defendant was
denied his Fifth Amendment Due Process rights; and (4) whether the
trial court erred in finding that the defendant received effective
assistance of counsel at trial.  We affirm the judgment of the trial
court pursuant to Rule 20 of this court.

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

STATE OF TENNESSEE
vs.
RICHARD L. DARNELL

Court:TCCA

Attorneys:   

FOR THE APPELLANT:              FOR THE APPELLEE:
Jeffrey A. DeVasher             Charles W. Burson
Assistant Public Defender       Attorney General & Reporter
1202 Stahlman Building          500 Charlotte Avenue
Nashville, TN 37203             Nashville, TN 37243-0497
(Appeal Only)
                                Timothy F. Behan
David M. Siegel                 Assistant Attorney General
Assistant Public Defender       450 James Robertson Parkway
1202 Stahlman Building          Nashville, TN 37243-0493
Nashville, TN 37203
(Trial Only)                    Victor S. Johnson, III
                                District Attorney General
OF COUNSEL:                     Washington Square, Suite 500
                                222 Second Avenue, North
Karl Dean                       Nashville, TN 37201-1649
Metropolitan Public Defender
1202 Stahlman Building          Roger D. Moore
Nashville, TN 37203             Assistant District Attorney General
                                Washington Square, Suite 500
                                222 Second Avenue, North
                                Nashville, TN 37201-1649                       

Judge: Jones

First Paragraph:

The sole issue presented for review is whether the sentence imposed by
the trial court is excessive.  The appellant, Richard L. Darnell,
contends the sentence is excessive because the trial court erroneously
used certain enhancement factors to increase the sentence within the
appropriate range.  After a thorough review of the record, the briefs
of the parties, and the authorities governing the issue presented for
review, this Court is of the opinion that the judgment of the trial
court should be affirmed.

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

STATE OF TENNESSEE
vs.
RICKY C. HILL

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

Ricky C. Hill, Pro Se       Charles W. Burson
11755-074 FMC Lexington     Attorney General & Reporter 
P.O. Box 14500
Lexington, KY 40512-4500    Daryl J. Brand
                            Assistant Attorney General
                            Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            C. Michael Layne
                            District Attorney General
                            P.O. Box 147
                            Manchester, TN 37355
                            
Judge: SUMMERS

First Paragraph:

The appellant, Ricky C. Hill, was convicted of possession of a
controlled substance with the intent to sell.  He was sentenced to two
years confinement.  He was released on bond during the pendency of his
appeal.  While on bond he was arrested on federal drug charges.  The
federal court sentenced him to fourteen years confinement.  The
appellant's state conviction became final in February of 1992.  In
March of 1995, the appellant filed a motion in the trial court for
relief from consecutive sentencing.  The trial court dismissed the
appellant's motion holding "that the motion was without merit in that
the judgment in question has become final."  Hill now appeals.
AFFIRMED.

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

STATE OF TENNESSEE
vs.
CHANNING HIRTLE

Court:TCCA

Attorneys: 

For the Appellant:              For the Appellee:
C. DIANE CROSIER                CHARLES W. BURSON
Assistant Public Defender       Attorney General and Reporter
407 C Main Street
P.O. Box 68                     M. ALLISON THOMPSON
Franklin, TN 37065-0068         Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                JOSEPH D. BAUGH, JR.
                                District Attorney General

                                MARK PURYEAR
                                Asst. District Attorney General
                                P.O. Box 937
                                Franklin, TN 37065-0937                         

Judge: RILEY

First Paragraph:

The appellant, Channing Hirtle, appeals his sentences imposed by the
Circuit Court of Williamson County following his guilty plea to three
(3) counts of aggravated burglary and three (3) counts of theft under
$500.  Hirtle received an effective sentence of 28 years as a
persistent offender.  Hirtle claims that the trial court erred by
relying on his prior criminal record to both enhance his sentences and
order consecutive sentencing.  Further, Hirtle argues that the trial
judge did not apply as a mitigating factor that Hirtle's conduct did
not cause or threaten serious bodily injury or harm.  Therefore, he
claims that his sentences are excessive.  We affirm pursuant to Rule
20 of the Tennessee Court of Criminal Appeals.

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

WILLIAM C. MILLER
vs.
ROBERT CONLEY, WARDEN

Court:TCCA

Attorneys:                          

For Appellant:                  For Appellee:
William C. Miller, Pro Se       Charles W. Burson
No. 167022                      Attorney General & Reporter
Lake County Regional 
   Correctional Facility        Robin L. Harris 
Route 1, Box 330                Assistant Attorney General
Tiptonville, TN  38079          450 James Robertson Parkway
                                Nashville, TN  37243-0493           
                                C. Phillip Bivens 
                                District Attorney General
                                P.O. Drawer E 
                                Dyersburg, TN  38024 

Judge: WADE

First Paragraph:

The petitioner, William C. Miller, appeals the trial court's denial of
habeas corpus relief.  The issue presented for review is whether the
trial court erred by entering a summary dismissal.  We find no error
and affirm the judgment.

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

STATE OF TENNESSEE
vs.
MICHAEL W. MOORE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:              FOR THE APPELLEE:
TIMOTHY JOEL WILLIAMS           CHARLES W. BURSON
          -and-                 Attorney General & Reporter
W. MARK WARD
147 Jefferson, Suite 909        WILLIAM DAVID BRIDGERS
Memphis, TN 38103               Asst. Attorney General
                                450 James Robertson Pkwy.                               
                                Nashville, TN  37243-0493
                
                                JOHN W. PIEROTTI
                                District Attorney General

                                JOHNNY R. McFARLAND
                                Asst. District Attorney General
                                District Attorney General's Office
                                201 Poplar Ave. - 3rd Fl.
                                Memphis, TN 38103                        

Judge: PEAY

First Paragraph:

The defendant was charged in the indictment with aggravated burglary
and with theft of property valued over ten thousand dollars ($10,000).
 He entered guilty pleas to the indicted charges and a sentencing
hearing was held.  At the sentencing hearing, the trial judge denied
the defendant's request for judicial diversion or other alternative
sentencing and imposed concurrent sentences of three years on each
conviction. REMANDED FOR RESENTENCING.

URL:http://www.tba.org/tba_files/TCCA/MOORE2_OPN.WP6
Opinion-Flash

LEMUEL S. NELSON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

W. MARK WARD                CHARLES W. BURSON
Assistant Shelby County     Attorney General and Reporter
Public Defender
147 Jefferson, Suite 900    CLINTON J. MORGAN
Memphis, TN  38103          Assistant Attorney General
(on appeal)                 450 James Robertson Parkway
                            Nashville, TN  37243
DONNA J. ARMSTARD
Assistant Shelby County     JOHN W. PIEROTTI
Public Defender             District Attorney General
201 Poplar Avenue               
Memphis, TN  38103          REGINALD R. HENDERSON
                            Assistant District Attorney
                            201 Poplar Avenue
                            Memphis, TN  38103                          

Judge: SMITH

First Paragraph:

Appellant Lemuel S. Nelson appeals the trial court's denial of his
petition for post-conviction relief.  He presents the following issues
for review: (1) whether the trial court erred in finding that his
guilty plea was knowing and voluntary; and (2) whether the trial court
erred in finding that his trial counsel rendered effective assistance.
After a review of the record, we affirm the judgment of the trial
court.

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

STATE OF TENNESSEE
vs.
CONNIE A. PARSONS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:
L. GILBERT ANGLIN               CHARLES W. BURSON
LISA A. EISCHEID                Attorney General and Reporter
8 Lincoln Square
1535 West Northfield Blvd.      CLINTON J. MORGAN
Murfreesboro, TN 37129          Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                WILLIAM WHITESELL
                                District Attorney General
                                Third Floor, Judicial Bldg.
                                Murfreesboro, TN 37130                         

Judge: WELLES

First Paragraph:

This is an appeal pursuant to Rule 3 of the Tennessee Rules of
Appellate Procedure.  Upon her pleas of guilty, the Defendant was
convicted of two counts of facilitating the rape of a child.  For
these Class B felony convictions, the Defendant was ordered to serve
two consecutive ten-year terms in the Department of Correction as a
Range I standard offender.  It is from the sentences imposed by the
trial court that the Defendant appeals.  We affirm the judgment of the
trial court.

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

STATE OF TENNESSEE
vs.
JABBAUL PETTUS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

MICHAEL R. JONES                CHARLES W. BURSON
19th District Public Defender   Attorney General and Reporter
113 Sixth Avenue, West
Springfield, TN 37172           MICHAEL J. FAHEY, II
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                JOHN WESLEY CARNEY, JR.
                                District Attorney General

                                WILLIAM CLOUD
                                Assistant District Attorney General
                                204 Franklin Street
                                Suite 200
                                Clarksville, TN 37040                         

Judge: RILEY

First Paragraph:

The appellant, Jabbaul Pettus, appeals the sentence imposed by the
Circuit Court of Montgomery County after he was found to be in
violation of the terms and conditions of the community corrections
program.  While on the program he committed and pled guilty to the
offense of attempted aggravated robbery.  At the time of the new
offense, Pettus was serving an eight (8) year sentence  with the
community corrections program for possession of cocaine with the
intent to sell.  As a result, the trial court revoked his sentence
under the Community Corrections Act and re-sentenced him to ten (10)
years for the drug charge and six (6) years for the attempted
aggravated robbery, with the sentences to be served consecutively. 
Pettus claims that his sentence for possession of cocaine with the
intent to sell is illegal because he was sentenced for a Class B
felony whereas the indictment merely alleged a Class C felony.  He
further maintains that he should have received a separate re
sentencing hearing for the drug charge apart from the sentencing
hearing on attempted aggravated robbery.  Finally, appellant argues
that the trial court erred in ordering consecutive sentencing.  We
find no error and affirm.

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

STATE OF TENNESSEE
vs.
ARCHIE LEE ROBERTS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

TERRY D. DYCUS                  CHARLES W. BURSON
Assistant Public Defender       Attorney General & Reporter
215 Reagan Street
Cookeville, TN  38501
                                MICHAEL J. FAHEY, II
                                Assistant Attorney General
                                450 James Robertson Pkwy.
                                Nashville, TN 37243-0493

                                WILLIAM EDWARD GIBSON
                                District Attorney General
                            
                                ANTHONY J. CRAIGHEAD
                                Assistant District Attorney General
                                145 South Jefferson Avenue
                                Cookeville, TN 38501                         

Judge: RILEY

First Paragraph:

The defendant was convicted by jury verdict of first degree murder and
attempted first degree murder.  Defendant was seventeen (17) years of
age at the time the offenses were committed.  He was sentenced to life
imprisonment for first degree murder and twenty (20) years for second
degree murder to run consecutively. AFFIRMED.

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

LARRY DARNELL RUSSELL
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

Larry Darnell Russell, Pro Se       Charles W. Burson
Cold Creek Correctional Facility    Attorney General & Reporter 
P.O. Box 1000
Henning, TN 38041-1000              Clinton Morgan
                                    Counsel for the State
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493
    
                                    William L. Gibbons  
                                    District Attorney General(Present)

                                    John W. Pierotti
                                    District Attorney General(Former)
    
                                    Terrell L. Harris   
                                    Asst. Dist. Attorney General
                                    Third Floor
                                    Criminal Justice Complex
                                    201 Poplar
                                    Memphis, TN 38103                         

Judge: Summers 

First Paragraph:

The appellant, Larry Darnell Russell, pled guilty to robbery in March
1976.  On December 5, 1995, he filed a pro se petition for
post-conviction relief alleging ineffective assistance of counsel. 
The trial court dismissed the petition on the ground that it was
barred by the statute of limitations.

URL:http://www.tba.org/tba_files/TCCA/RUSSELL2_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
LUCIEN SAMUEL SHERROD

Court:TCCA

Attorneys:  

For the Appellant:          For the Appellee:

Lionel R. Barrett, Jr.      Charles W. Burson
Attorney at Law             Attorney General and Reporter
Washington Square Two   
Suite 417                   William David Bridgers
222 Second Avenue, North    Assistant Attorney General  
Nashville, TN  37201        Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493                
                        
                            Victor S. (Torry) Johnson III
                            District Attorney General
                    
                            Thomas Thurman
                            Jon Seaborg
                            Asst. District Attorneys General
                            Washington Square Building
                            222 2nd Avenue North
                            Nashville, TN  37201                        

Judge: Hayes

First Paragraph:

The appellant, Lucien S. Sherrod, was convicted by a jury in the
Davidson County Criminal Court of first degree murder and was
sentenced to life imprisonment without the possibility of parole.  On
appeal, he raises three issues for our determination:  (1)  whether
the evidence was sufficient to support a conviction for first degree
murder; (2) whether the introduction of hearsay statements of the
deceased victim was error; and (3) whether the evidence was sufficient
to support the sentence of life imprisonment without parole.  After
reviewing the record and applicable case law, we conclude that the
trial court did not commit error.  Accordingly, we affirm the judgment
entered by the trial court.

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

STATE OF TENNESSEE
vs.
TOMMY FRANKLIN SPAIN, JR.

Court:TCCA

Attorneys:  

FOR THE APPELLANT:              FOR THE APPELLEE:

Daniel W. Cook                  Charles W. Burson
Attorney at Law                 Attorney General & Reporter
102 Main Street, North          500 Charlotte Avenue
Ashland City, TN 37015          Nashville, TN 37243-0497

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

                                Dan M. Alsobrooks
                                District Attorney General
                                P.O. Box 580
                                Charlotte, TN 37036

                                Suzanne Lockert
                                Assistant District Attorney General
                                P.O. Box 580
                                Charlotte, TN 37036
                        

Judge: Jones

First Paragraph:

The appellant, Tommy Franklin Spain, Jr., was convicted of seven (7)
counts of aggravated burglary, a Class C felony, one count of
burglary, a Class D felony, and one count of theft under $500, a Class
A misdemeanor, after pleading guilty to the offenses.  The trial court
found the appellant was a persistent offender. AFFIRMED.

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

THOMAS RAY TARPLE
vs.
STATE OF TENNESSEE

Court:TCCA

First Paragraph:

This matter is before the Court upon the appellant's pro se Motion to
Vacate Judgment.  The appellant claims that he did not receive notice
of counsel's intention to withdraw nor did he receive a copy of this
Court's opinion, released December 13, 1996, affirming the judgment of
the trial court.  Accordingly, the appellant requests that this Court
vacate its opinion entered on December 13, 1996, and reenter the
opinion so that he may file an application for permission to appeal to
the Supreme Court pursuant to T.R.A.P. 11.

URL:http://www.tba.org/tba_files/TCCA/TARPLEY1_ORD.WP6
Opinion-Flash

DONALD F. WALTON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:
Richard D. Piliponis        Charles W. Burson
Attorney at Law Attorney    General & Reporter 
209 Tenth Avenue, South
Suite 511                   Lisa A. Naylor
Nashville, TN 37203         Assistant Attorney General
                            Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493
    
                            Victor S. (Torry) Johnson III
                            District Attorney General
    
                            Kymberly L. Haas    
                            Asst. Dist. Attorney General
                            Washington Square Building
                            222 2nd Avenue North, Suite 500
                            Nashville, TN 37201                          

Judge: SUMMERS

First Paragraph:

The appellant, Donald F. Walton, pled guilty to one count of second
degree murder and one count of especially aggravated robbery.  He was
sentenced to 25 years on each count.  The sentences were ordered to
run consecutively for an effective sentence of 50 years.  He filed a
pro se petition for post-conviction relief alleging ineffective
assistance of counsel.  He was appointed an attorney and an amended
petition was filed.  In his amended petition, the appellant alleged
that his trial counsel erroneously informed him that he could make
parole after serving approximately 7 1/2 years in confinement. 
REVERSED AND REMANDED.


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

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