TBALink Opinion-Flash

February 19, 1997 -- Volume #3 -- Number #022

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
10-New Opinions From TCCA

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George Dean
TBALink Chief Editor


STANLEY ADAMS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:

Roseanne Ballin                     Charles W. Burson
Attorney at Law                     Attorney General & Reporter 
4515 Poplar Avenue, Suite 527
Memphis, TN 38117-7584              Clinton J. 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)

                                    Rhea Clift
                                    Asst. Dist. Attorney General
                                    201 Poplar Avenue, Third Floor
                                    Memphis, TN 38103                        

Judge: SUMMERS

First Paragraph:

The appellant, Stanley Adams, was indicted for first degree murder and
especially aggravated robbery.  The state sought the death penalty. 
Pursuant to a negotiated plea, however, the appellant pled guilty to
second degree murder and aggravated robbery.  He was sentenced to 45
years for second degree murder and 15 years for aggravated robbery. 
The sentences were ordered to be served concurrently. AFFIRMED.

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

HOWARD FRANKLIN
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

Melanie E. Taylor                   Charles W. Burson
Attorney at Law                     Attorney General & Reporter
50 Front St N, Suite 1150           500 Charlotte Avenue
Memphis, TN 38103                   Nashville, TN 37243-0497

                                    Clinton J. Morgan
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    John W. Pierotti
                                    District Attorney General
                                    201 Poplar Avenue, Suite 3-01   
                                    Memphis, TN 38103
                            
                                    Amy P. Weirich
                                    Assist District Attorney General
                                    201 Poplar Avenue, Suite 3-01   
                                    Memphis, TN 38103                          

Judge: Jones

First Paragraph:

The appellant Howard Franklin, appeals as of right from a judgment of
the trial court dismissing his suit for post-conviction relief
following an evidentiary hearing.  The appellant contends the trial
court erroneously concluded the appellant received the effective
assistance of counsel within the meaning of the United States
Constitution and the Tennessee Constitution.  After a thorough review
of the record, the briefs submitted by the parties, and the law
governing 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, Tennessee Court of Criminal Appeals.

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

STATE OF TENNESSEE
vs.
LARRY GENE HOPSON

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

W. Thomas Dillard                   Charles W. Burson
Attorney at Law                     Attorney General & Reporter
606 West Main Street, Suite 300     500 Charlotte Avenue
Knoxville, TN 37901-1126            Nashville, TN 37243-0497

Kenneth F. Irvine, Jr.              William D. Bridgers
Attorney at Law                     Assistant Attorney General
606 West Main Street, Suite 350     450 James Robertson Parkway
Knoxville, TN 37901-0084            Nashville, TN 37243-0493

                                    Randall E. Nichols
                                    District Attorney General 
                                    Pro Tempore
                                    P.O. Box 1468
                                    Knoxville, TN 37901-1468

                                    Andrew Jackson, VI
                                    Asst. District Attorney General 
                                    Pro Tem
                                    P.O. Box 1468
                                    Knoxville, TN 37901-1468                          

Judge: Jones

First Paragraph:

This Court granted the appellant's application for permission to
appeal to decide whether the Double Jeopardy Clause contained in the
United States Constitution and the Tennessee Constitution bars a
criminal prosecution when a law enforcement officer has seized the
property of an accused (a) used in the commission of the crime or (b)
constituted the fruits of the crime.  After a thorough review of the
record, the excellent briefs submitted by the parties, and the
authorities which govern this issue, it is the opinion of this Court
the judgment of the trial court should be affirmed in part and
reversed in part.  The judgment is affirmed to the extent the trial
court denied the motion to dismiss several counts of the indictment. 
The judgment is reversed to the extent the trial court granted the
motion as to one count of the indictment.

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

DERRICK JOHNSON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

FOR THE APPELLANT:                  FOR THE APPELLEE:

Daniel L. Flatt                     Charles W. Burson
Assistant Public Defender           Attorney General & Reporter
201 Poplar Avenue, Suite 2-01       500 Charlotte Avenue
Memphis, TN 38103                   Nashville, TN 37243-0497
(Appeal Only)               
                                    Ellen H. Pollack
Donna J. Armstard                   Assistant Attorney General
Assistant Public Defender           450 James Robertson Parkway
201 Poplar Avenue, Suite 2-01       Nashville, TN 37243-0493
Memphis, TN 38103               
(Trial Only)                        John W. Pierotti
                                    District Attorney General
OF COUNSEL:                         201 Poplar Avenue, Suite 3-01
                                    Memphis, TN 38103
A C Wharton, Jr.                    
Shelby County Public Defender       Reginald Henderson
201 Poplar Avenue, Suite 2-01       Assist District Attorney General
Memphis, TN 38103                   201 Poplar Avenue, Suite 3-01
                                    Memphis, TN 38103

Judge: Jones

First Paragraph:

The sole issue presented for review is whether the appellant is
entitled to have the judgment of this Court vacated and reinstated to
permit the filing of an application for permission to appeal in the
supreme court.  The trial court found counsel did not file an
application for permission to appeal, and counsel failed to advise the
appellant he was not going to file an application for permission to
appeal on his behalf.  The State of Tennessee confesses error.   The
state agrees this Court should vacate its judgment and reinstate it so
the appellant can file an application for permission to appeal.

URL:http://www.tba.org/tba_files/TCCA/JOHNSON1_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
TRAVIS LOVE and JAMES LEE

Court:TCCA

Attorneys:  

For Appellant Love:                 For the Appellee:

William A. Zierer                   Charles W. Burson
124 W. Main Street                  Attorney General of Tennessee
P.O. Box 1276                           and
Morristown, TN  37816               Sharon S. Selby              
                                    Assist Attorney General of Tenn
For Appellant Lee:                  450 James Robertson Parkway
                                    Nashville, TN 37243-0493
William H. Bell         
114  S. Main Street                 C. Berkeley Bell, Jr.         
Greeneville, TN  37743              District Attorney General   
                                        and
                                    Anthony E. Hagan               
                                    Assist District Attorney General            
                                    113 West Church Street
                                    Greeneville, TN  37743                        

Judge: Tipton

First Paragraph:

The defendants, Travis Love and James Lee, were convicted upon guilty
pleas in the Greene County Criminal Court of the offenses of
possession with the intent to sell more than one-half gram of cocaine,
a Class B felony, and simple possession of marijuana, a Class A
misdemeanor.  Lee also pled guilty and was convicted of possessing
less than one-half gram of cocaine with the intent to sell or deliver
it, a Class C felony.  Each of the defendants received an eight-year
sentence for the Class B cocaine conviction and a sentence of eleven
months and twenty-nine days for the marijuana conviction.  In
addition, Lee received a four-year sentence for possessing less than
one-half a gram of cocaine.  All sentences are to be served
concurrently.  The defendants appeal as of right upon a certified
question of law that is dispositive of this case. AFFIRMED.

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

STATE OF TENNESSEE
vs.
JONATHAN MOORE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

Charles M. Corn                     Charles W. Burson
District Public Defender            Attorney General & Reporter
P.O. Box 1453                       500 Charlotte Avenue
Cleveland, TN 37364-1453            Nashville, TN 37243-0497

                                    Caroline R. Krivacka
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0488

                                    Jerry N. Estes
                                    District Attorney General
                                    203 East Madison Avenue
                                    Athens, TN 37371

                                    Stephen D. Ward
                                    Assist District Attorney General
                                    300 Tellico Street
                                    Madisonville, TN 37354-0793

                                    Amy F. Armstrong
                                    Assist District Attorney General
                                    203 East Madison Avenue
                                    Athens, TN 37371                         

Judge: Jones

First Paragraph:

The appellant, Jonathan Moore, was convicted of aggravated assault, a
Class C felony, and coercion of a witness, a Class D felony, by a jury
of his peers.  The trial court found the appellant was a standard
offender and imposed the following Range I sentences:  (a) a fine of
$5,000 and confinement for three (3) years in the Department of
Correction, and (b) a fine of $3,000 and confinement for two (2) years
in the Department of Correction.  The sentences are to be served
concurrently, but consecutively to an eight-year sentence for the
possession of cocaine with intent to sell.  After a thorough review of
the record, the briefs submitted by the parties, and the authorities
which govern the issues, it is the opinion of this Court the
conviction for coercion of a witness should be affirmed, but the
conviction for aggravated assault should be reversed and the
prosecution against the appellant dismissed for the reasons set forth
in this opinion.

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

BENJAMIN MOSS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:     

FOR THE APPELLANT:                  FOR THE APPELLEE:

W. Mark Ward                        Charles W. Burson
Assistant Public Defender           Attorney General & Reporter
147 Jefferson Avenue, Suite 900     500 Charlotte Avenue
Memphis, TN 38103                   Nashville, TN 38103
(Appeal Only)
                                    Clinton J. Morgan
Sherry Brooks                       Counsel for the State
Assistant Public Defender           450 James Robertson Parkway
201 Poplar Avenue, Suite 2-01       Nashville, TN 37243-0493
Memphis, TN 38103
(Trial Only)                        John W. Pierotti
                                    District Attorney General
OF COUNSEL:                         201 Poplar Avenue, Third Floor
                                    Memphis, TN 38103
A C Wharton, Jr.
Shelby County Public Defender       Karen Cook
201 Poplar Avenue, Suite 201        Assist District Attorney General
Memphis, TN 38103                   201 Poplar Avenue, Third Floor
                                    Memphis, TN 38103                     

Judge: Jones

First Paragraph:

The appellant, Benjamin Moss, appeals as of right from the dismissal
of his suit for post-conviction relief.  He contends counsel
terminated his right to file an application in the Supreme Court
pursuant to Rule 11, Tennessee Rules of Appellate Procedure.  The
State of Tennessee confesses error.  The state says in its brief:
"Appellant is entitled to have the judgment entered on November 2,
1994, vacated and immediately reinstated in order to allow him to file
with the Tennessee Supreme Court an application for permission to
appeal."    The record supports the state's position. REVERSED;
JUDGMENT VACATED AND REINSTATED.

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

STATE OF TENNESSEE
vs.
RANDIE W. STECKLEY

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:

ALAN R. FELTES                      CHARLES W. BURSON
Attorney for Appellant              Attorney General & Reporter
159 West Main Street, Suite 1
Sevierville, TN  37862              SANDY R. COPOUS
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493

                                    AL SCHMUTZER, JR.
                                    District Attorney General

                                    STEVEN E. HAWKINS
                                    Assist District Attorney General
                                    Sevier County Courthouse
                                    125 Court Avenue, Suite 301
                                    Sevierville, TN  37862                          

Judge: WOODALL

First Paragraph:

The Appellant, Randie W. Steckley, appeals pursuant to Rule 3 of the
Tennessee Rules of Appellate Procedure.  The Appellant was indicted
for one count of aggravated rape, one count of aggravated sexual
battery and one count of aggravated burglary.  The Appellant
negotiated a guilty plea, and pled guilty to rape and aggravated
burglary.  As part of his guilty plea, the trial court was to decide
the length of sentence between eight (8) and twelve (12) years, and
the manner of service of sentence.  He was sentenced by the Sevier
County Criminal Court to eleven years on the rape and five years on
the aggravated burglary to be run concurrently as a Range I Standard
Offender.  The Appellant appeals his eleven year sentence on the rape.
AFFIRMED.

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

STATE OF TENNESSEE
vs.
PRINCE JAMEEL R. TARIQ

Court:TCCA

Attorneys:   

FOR THE APPELLANT:                  FOR THE APPELLEE:

PRINCE TARIQ                        CHARLES W. BURSON
Pro Se                              Attorney General and Reporter

                                    TIMOTHY F. BEHAN
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493
                       

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 denial of his
petition for post conviction relief.  On July 25, 1995, the Petitioner
pleaded guilty to aggravated kidnapping and received a ten year
sentence.  He filed a pro se petition for post-conviction relief on
November 30, 1995.  In his petition for post-conviction relief, the
Petitioner argues that he was denied due process of law because the
attorney who represented him at his preliminary hearing had a conflict
of interest and that he was denied effective assistance of counsel at
his guilty plea proceeding.  On December 21, 1995, the trial court
denied the petition without conducting an evidentiary hearing, finding
that the Petitioner had waived consideration of the issues. AFFIRMED.

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

STATE OF TENNESSEE
vs.
BOBBY TEASTER

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

EDWARD CANTRELL MILLER              CHARLES W. BURSON
District Public Defender            Attorney General & Reporter

SUSANNA LAWS THOMAS                 ELIZABETH T. RYAN
Assistant Public Defender           Assistant Attorney General
Fourth Judicial District            450 James Robertson Parkway
102 Mims Avenue                     Nashville, TN  37243-0493
Newport, TN  37821-3614

                                    AL SCHMUTZER, JR.
                                    District Attorney General

                                    G. SCOTT GREEN
                                    Assist District Attorney General
                                    Sevier County Courthouse
                                    125 Court Avenue, Suite 301
                                    Sevierville, TN  37862                         

Judge: WOODALL

First Paragraph:

The Appellant, Bobby Teaster, appeals as of right pursuant to Rule 3
of the Tennessee Rules of Appellate Procedure.  He was convicted by a
jury of bribery and subornation of perjury in the Sevier County
Criminal Court.  Teaster was assessed a fine of $10,000.00 for the
bribery and $2,500.00 for the subornation of perjury.  He was also
sentenced to consecutive sentences of ten years for the bribery
conviction and eleven months and twenty-nine days for the subornation
of perjury conviction. AFFIRMED.

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

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