TBALink Opinion-Flash

February 18, 1997 -- Volume #3 -- Number #021

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

This Issue IN THIS ORDER:
00-New Opinions From TSC
00-New Opinions From TSC-Rules
00-New Opinions From TSC-Workers Comp Panel
00-New Opinions From TCA
08-New Opinions From TCCA

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George Dean
TBALink Chief Editor


STATE OF TENNESSEE
vs.
PERRY A. CRIBBS

Court:TCCA

Attorneys: 

For Appellant:                  For Appellee:
A. C. Wharton                   Charles W. Burson
District Public Defender        Attorney General & Reporter
201 Poplar Avenue 
Suite 201                       John P. Cauley          
Memphis, TN  38103-1947         Assistant Attorney General
                                450 James Robertson Parkway 
W. Mark Ward                    Nashville, TN  37243-0493
Assistant Public Defender           
147 Jefferson, Suite 900        James Wax and David Shapiro
Memphis, TN  38103              Assistant District Attorneys General 
                                201 Poplar Avenue, Third Floor
                                Memphis, TN  38103                           

Judge: WADE

First Paragraph:

The defendant, Perry A. Cribbs, was convicted of premeditated first
degree murder, first degree murder during the perpetration of an
aggravated burglary, first degree murder during the perpetration of
aggravated robbery, aggravated burglary, and attempted first degree
murder.  The death penalty verdicts were based upon two of the
aggravating circumstances prescribed by statute: (1) the defendant was
previously convicted of one or more felonies, other than the present
charge, whose statutory elements involve the use of violence to the
person; and (2) the murder was committed while the defendant was
engaged in committing a burglary. AFFIRMED.

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

STATE OF TENNESSEE
vs.
JAMES W. EAVES

Court:TCCA

Attorneys:                          

For Appellant:                  For Appellee:
Walker Guinn                    Charles W. Burson
Assistant Public Defender       Attorney General & Reporter
201 Poplar Avenue  
Suite 2-01                      Susan Rosen
Memphis, TN  38103              Counsel for the State 
(on appeal)                     450 James Robertson Parkway
                                Nashville, TN  37243-0493   
David Hoglund, Attorney
165 Madison Avenue              Patience Branham 
Suite 1813                      Assistant District Attorney General 
Memphis, TN  38103              201 Poplar Avenue 
(at trial)                      Third Floor
                                Memphis, TN  38103 
Of Counsel:
A.C. Wharton, Jr.
Shelby County Public Defender 

Judge: WADE

First Paragraph:

The defendant, James W. Eaves, was convicted of aggravated assault.
The trial court imposed a Range I, five-year, three-month sentence to
be served in the workhouse.  The sentence was ordered to be served
consecutively to prior sentences for aggravated burglary and contempt
of court.  A $5,000.00 fine was imposed. In this appeal of right, the
defendant challenges the sufficiency of the evidence and argues that
the trial court committed error by warning a defense witness about a
possible perjury charge. REVERSED AND REMANDED.

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

STATE OF TENNESSEE
vs.
BILLY JOE HARRIS

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:
Billy Joe Harris, Pro Se            Charles W. Burson
Register Number 127709              Attorney General & Reporter
Route 1, Box 330                    500 Charlotte Avenue
Tiptonville, TN 38079-9775          Nashville, TN 37243-0497

                                    Janis L. Turner
                                    Counsel for the State
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    Thomas A. Thomas
                                    District Attorney General
                                    414 South Fourth
                                    Union City, TN 38281-0218

                                    James T. Cannon
                                    Assist District Attorney General
                                    414 South Fourth
                                    Union City, TN 38281-0218                          

Judge: Jones

First Paragraph:

The appellant, Billy Joe Harris, appeals as of right from a judgment
of the trial court summarily dismissing his motion for a new trial. 
The appellant claimed he was entitled to a new trial due to newly
discovered evidence.  The trial court found the motion was not timely
filed pursuant to the Tennessee Rules of Criminal Procedure. AFFIRMED.

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

STATE OF TENNESSEE
vs.
PAUL D. HOPPER

Court:TCCA

Attorneys:  

For the Appellant:                  For the Appellee:
Mike Mosier                         Charles W. Burson
P.O. Box 1623                       Attorney General and Reporter
204 West Baltimore                  450 James Robertson Parkway
Jackson, TN 38303-1623              Nashville, TN 37243-0493

                                    Clinton J. Morgan
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243

                                    Elizabeth T. Rice
                                    District Attorney General

                                    Jerry Norwood
                                    Assistant District Attorney
                                    302 Market St.
                                    Somerville, TN 38068                        

Judge: Barker

First Paragraph:

Appellant, Paul D. Hopper, appeals as of right his conviction in the
Hardeman County Circuit Court of driving under the influence, third
offense and driving on a revoked license.  He was sentenced to eleven
months, twenty-nine days to be served at seventy-five percent;
probation for seven months, twenty-nine days after serving 120 days;
and a fine of $1100 on the DUI conviction.  For driving on a revoked
license, he was sentenced to six months at seventy-five percent,
probation for five months, twenty-eight days after serving two days
and a $300 fine. AFFIRMED.

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

STATE OF TENNESSEE
vs.
HOWARD JOHNSON, SR.

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:

James T. "Jim" Sanderson            Charles W. Burson
& Associates, P.C.                  Attorney General & Reporter 

Stephen L. Hale                     Jeffrey L. Hill
Attorney at Law                     Assistant Attorney General
P.O. Box 331                        Civil Rights & Claims Division
Bolivar, TN 38008                   404 James Robertson Parkway
                                    Suite 2000, Parkway Towers
                                    Nashville, TN 37243-0488
    
                                    Clayburn Peeples    
                                    District Attorney General
                                    109 East First
                                    Trenton, TN 38382                        

Judge: SUMMERS

First Paragraph:

The appellant, Howard Johnson, Sr., pled guilty to attempted rape.  He
was sentenced to seven years confinement in the Tennessee Department
of Correction (TDOC).  He filed a Petition to Suspend Sentence.  The
petition was denied.  He then filed a Motion to Reconsider his
Petition to Suspend Sentence.  The trial found that it lacked
jurisdiction to hear the motion to reconsider and denied the motion. 
The appellant appeals that order.  AFFIRMED.

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

HENRY MARTIN
vs.
BILLY COMPTON, WARDEN

Court:TCCA

Attorneys:                          

For the Appellant:              For the Appellee:
Henry Martin, Pro Se            Charles W. Burson
L.C.R.C.F.                      Attorney General of Tennessee
Route 1, Box 330                    and             
Tiptonville, TN 38079           Robin L. Harris
                                Assist Attorney General of Tennessee                    
                                450 James Robertson Parkway     
                                Nashville, TN 37243-0493

                                C. Phillip Bivens
                                District Attorney General
                                P.O. Drawer E
                                Dyersburg, TN 38024

Judge: Tipton

First Paragraph:

The petitioner, Henry Martin, appeals as of right from the dismissal
of his petition for habeas corpus relief by the Lake County Circuit
Court for failure to state a cause of action over which the trial
court had jurisdiction.  The petitioner is presently in the custody of
the Department of Correction.  His petition alleges that he is being
unduly restrained of his liberty because the Department of Correction
is refusing to compute his parole dates and earned sentencing credits.
 The trial court dismissed the petition because the allegations do not
show that the petitioner's sentence is void or has fully expired.
AFFIRMED.

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

STATE OF TENNESSEE
vs.
ANGELA CAPRICE PARCHMAN, A/K/A Rosie

OPINION CONCURRING IN RESULTS


Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:
LANCE E. WEBB                   CHARLES W. BURSON
P.O. Box 26                     Attorney General and Reporter
Union City, TN 38281
                                CLINTON J. MORGAN
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0943

                                THOMAS A. THOMAS
                                District Attorney General
                        
                                JAMES T. CANNON
                                Assistant District Attorney General
                                P.O. Box 218
                                Union City, TN 38261                          

Judge: WELLES

First Paragraph:

This is an appeal as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure.  The Defendant was convicted by an Obion
County jury of two counts of the sale of a controlled substance.  She
appeals her convictions and presents four issues for review: (1) That
the trial court erred by denying the Defendant's motion for a new
trial because the verdict was tainted by juror misconduct; (2) that
the trial court erred in ruling that a post-trial confession was not
newly discovered evidence such as to warrant a new trial; (3) that 
the trial court erred in ruling that an alibi witness was not newly
discovered evidence such as to warrant a new trial; and (4) that the
evidence was insufficient to support the convictions beyond a
reasonable doubt.  We find merit with the Defendant's argument that
she is entitled to a new trial because of juror misconduct. REVERSED
AND REMANDED.

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

JEFF LEON WALKER
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:         

FOR THE APPELLANT:                  FOR THE APPELLEE:

JEFF LEON WALKER                    CHARLES W. BURSON
Pro Se                              Attorney General and Reporter
Prison Number 108983
CCA/SCCF, P. O. Box 279             CLINTON J. MORGAN
Clifton, TN  38425-0279             Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243

                                    JERRY WOODALL
                                    District Attorney General

                                    AL EARLS
                                    Assistant District Attorney
                                    P. O. Box 2825
                                    Jackson, TN  38302                 

Judge: SMITH

First Paragraph:

Appellant was convicted on January 23, 1988, of the offense of felony
murder.  On May 10, 1995, he filed the pro se post-conviction petition
which is the subject of this appeal.  In the petition Appellant
alleges that the judge of the City of Court of Jackson who presided
over Appellant's preliminary hearing was not elected to a full eight
year term in accordance with Article VI, Sec. 4 of the Tennessee
Constitution.  Appellant theorizes that his conviction is void because
the preliminary hearing was conducted by an "unconstitutional" judge. 
See, Town of South Carthage v. Barrett, 840 S.W.2d 895 (Tenn. 1992).
AFFIRMED PURSUANT TO RULE 20.

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

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