TBALink Opinion-Flash

February 24, 1997 -- Volume #3 -- Number #024

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

There are three ways to get the full opinion from the Web: (TBALink members only)

  • Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text version of the opinion.

  • *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original WP 6.0 document. version of the opinion.

  • 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


WILLIAM R. REESER, JR.
vs.
YELLOW FREIGHT SYSTEM, INC.

Court"TSC

Attorneys: 

For Plaintiff-Appellee:             For Defendant-Appellant:    
Kelly R. Williams                   Stephen K. Beard            
Livingston, TN                      Stewart, Estes & Donnell                                    
                                    Nashville, TN                            

Judge: DROWOTA

First Paragraph:

In this workers' compensation action, the employer, Yellow Freight
System, Inc., defendant-appellant, has appealed from a judgment of the
Circuit Court of Overton County finding that the employee, William R.
Reeser, Jr., plaintiff-appellee, is permanently and totally disabled
as a result of a stroke.  The trial court found that conditions of the
employment  - stress associated with driving a truck through an ice
storm - precipitated the employee's stroke.  The sole issue on appeal
is the correctness of that finding. AFFIRMED.

URL:http://www.tba.org/tba_files/TSC/REESER_OPN.WP6
Opinion-Flash

DARRON KEITH DANIEL
vs.
THE ATLANTA CASUALTY COMPANY

Court"TCA

Attorneys:

STUART BRIAN BREAKSTONE
LAW OFFICE OF DON OWENS, P.A.
Memphis, Tennessee
Attorney for Appellant

JAMES L. KIRBY
HARRIS, SHELTON, DUNLAP AND COBB, L.L.P.C.
Memphis, Tennessee
Attorney for Appellee                          

Judge: HIGHERS

First Paragraph:

In this breach of contract action, the Plaintiff, Darron Keith Daniel,
filed suit against the Defendant, Atlanta Casualty Insurance Company,
for failing to pay for damages incurred from the theft of Plaintiff's
truck pursuant to the terms of the insurance contract issued by the
Defendant.  A judgment was entered in the general sessions court in
favor of the Defendant, and the Plaintiff appealed to circuit court. 
The circuit court directed a verdict in favor of the Defendant
regarding the Plaintiff's claims under the Tennessee Consumer
Protection Act and regarding the Plaintiff's claims that the bedliner
of the truck and the added window tint were covered items under the
Plaintiff's insurance contract.  After a jury trial, the circuit court
entered a judgment in favor of the Plaintiff for $5,068.81 in
compensatory damages, $1,533.32 for the Defendant's bad faith and
$1,164.35 in prejudgment interest.  The Defendant has appealed the
circuit court's judgment in favor of the Plaintiff. REVERSED IN PART,
AFFIRMED IN PART.

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

DURAL ALSTON
vs. 
STATE OF TENNESSEE

Court"TCCA

Judge: JONES

First Paragraph:

The case before this Court represents an appeal from the trial court's
denial of the petitioner's petition for writ of habeas corpus.  The
record was filed on October 3, 1996, and the petitioner filed his
brief on October 29, 1996.  The petitioner was originally indicted for
robbery with a deadly weapon in January 1989, and the petitioner pled
guilty to the same in May 1989.  In the present appeal, the
petitioner, relying in part upon State v. Roger Dale Hill, No.
01C01-9508-CC-00267 (Tenn. Crim. App. June 20, 1996), contends the
judgment entered against him is void because the indictment failed to
allege the mens rea of the offense charged.

URL:http://www.tba.org/tba_files/TCCA/ALSTON1_ORD.WP6
Opinion-Flash

JAMES LEE BLAIR
vs.
STATE OF TENNESSEE

Court"TCCA

Judge: JONES

First Paragraph:

The case before this Court represents an appeal from the trial court's
denial of the petitioner's petition for writ of habeas corpus.  The
record was filed on October 3, 1996, and the petitioner filed his
brief on October 29, 1996.  The petitioner was originally indicted for
robbery with a deadly weapon in January 1989, and the petitioner pled
guilty to the same in May 1989.  In the present appeal, the
petitioner, relying in part upon State v. Roger Dale Hill, No.
01C01-9508-CC-00267 (Tenn. Crim. App. June 20, 1996), contends the
judgment entered against him is void because the indictment failed to
allege the mens rea of the offense charged.

URL:http://www.tba.org/tba_files/TCCA/BLAIR-J1_ORD.WP6
Opinion-Flash

TERRY L. BOMAR
vs.
STATE OF TENNESSEE

Court"TCCA                         

Judge: JONES

First Paragraph:

The case before this Court represents an appeal from the trial court's
denial of the petitioner's petition for writ of habeas corpus.  The
record was filed on October 3, 1996, and the petitioner filed his
brief on October 21, 1996.  The petitioner was originally indicted on
eight counts of aggravated rape and one count of rape in May 1984, and
was convicted of rape in October 1984.  In the present appeal, the
petitioner, relying in part upon State v. Roger Dale Hill, No.
01C01-9508-CC-00267 (Tenn. Crim. App. June 20, 1996), contends the
judgment entered against him is void because the indictment failed to
allege the mens rea of the offense charged.

URL:http://www.tba.org/tba_files/TCCA/BOMAR1_ORD.WP6
Opinion-Flash

TERRY DALE BREWER
vs.
STATE OF TENNESSEE

Court"TCCA                         

Judge: JONES

First Paragraph:

The case before this Court represents an appeal from the trial court's
denial of the petitioner's petition for writ of habeas corpus.  The
record was filed on November 12, 1996, and the petitioner filed his
brief on November 15, 1996.  The petitioner was originally indicted on
one count of aggravated rape, one count of incest, and two counts of
aggravated sexual battery in June 1989, and was convicted of the same
in October 1989.  In the present appeal, the petitioner, relying in
part upon State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn.
Crim. App. June 20, 1996), contends the judgment entered against him
is void because the indictment failed to allege the mens rea of the
offense charged.

URL:http://www.tba.org/tba_files/TCCA/BREWER4_ORD.WP6
Opinion-Flash

MORRIS R. DONEGAN
vs.
STATE OF TENNESSEE

Court"TCCA

Judge: JONES

First Paragraph:

The case before this Court represents an appeal from the trial court's
denial of the petitioner's petition for writ of habeas corpus.  The
record was filed on October 3, 1996, and the petitioner filed his
brief on October 31, 1996.  The petitioner was originally indicted on
three counts of aggravated rape in January 1983, and judgment of
conviction was entered in August 1983.  In the present appeal, the
petitioner, relying in part upon State v. Roger Dale Hill, No.
01C01-9508-CC-00267 (Tenn. Crim. App. June 20, 1996), contends the
judgment entered against him is void because the indictment failed to
allege the mens rea of the offense charged.

URL:http://www.tba.org/tba_files/TCCA/DONEGAN1_ORD.WP6
Opinion-Flash

DENNIS DYKES
vs. 
STATE OF TENNESSEE

Court"TCCA

Judge: JONES

First Paragraph:

The case before this Court represents an appeal from the trial court's
denial of the petitioner's petition for writ of habeas corpus.  The
record was filed on October 3, 1996, and the petitioner filed his
brief on October 22, 1996.  The petitioner was originally indicted for
aggravated rape in December 1988, and the petitioner pled guilty to
the same in May 1989.  In the present appeal, the petitioner, relying
in part upon State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn.
Crim. App. June 20, 1996), contends the judgment entered against him
is void because the indictment failed to allege the mens rea of the
offense charged.

URL:http://www.tba.org/tba_files/TCCA/DYKES1_ORD.WP6
Opinion-Flash

BILLY JOE HARRIS
vs.
STATE OF TENNESSEE

Court"TCCA

Judge: JONES

First Paragraph:

The case before this Court represents an appeal from the trial court's
denial of the petitioner's petition for writ of habeas corpus.  The
record was filed on October 3, 1996, and the petitioner filed his
brief on October 21, 1996.  The petitioner was originally indicted for
aggravated sexual battery in February 1989, and was convicted of the
same in April 1989.  In the present appeal, the petitioner, relying in
part upon State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn.
Crim. App. June 20, 1996), contends the judgment entered against him
is void because the indictment failed to allege the mens rea of the
offense charged.

URL:http://www.tba.org/tba_files/TCCA/HARR-BI1_ORD.WP6
Opinion-Flash

RICKY JEROME HARRIS
vs. 
STATE OF TENNESSEE

Court"TCCA

Judge: JONES

First Paragraph:

The case before this Court represents an appeal from the trial court's
denial of the petitioner's petition for writ of habeas corpus.  The
record was filed on October 3, 1996, and the petitioner filed his
brief on October 30, 1996.  Though the record does not contain the
indictment at issue, thereby precluding the Court from conducting an
adequate review, the petitioner asserts in his brief that he was
originally indicted for first degree murder in December 1987, and was
convicted of the same in May 1988.  In the present appeal, the
petitioner, relying in part upon State v. Roger Dale Hill, No.
01C01-9508-CC-00267 (Tenn. Crim. App. June 20, 1996), contends the
judgment entered against him is void because the indictment failed to
allege the mens rea of the offense charged.

URL:http://www.tba.org/tba_files/TCCA/HARRI-R2_ORD.WP6
Opinion-Flash

DARREL D. HAYES
vs.
STATE OF TENNESSEE

Court"TCCA

Judge: JONES

First Paragraph:

The case before this Court represents an appeal from the trial court's
denial of the petitioner's petition for writ of habeas corpus.  The
record was filed on October 3, 1996, and the petitioner filed his
brief on October 21, 1996.  The petitioner was originally indicted on
one count of aggravated sexual battery in May 1987, and was convicted
of the same in January 1988.  In the present appeal, the petitioner,
relying in part upon State v. Roger Dale Hill, No. 01C01-9508-CC-00267
(Tenn. Crim. App. June 20, 1996), contends the judgment entered
against him is void because the indictment failed to allege the mens
rea of the offense charged.

URL:http://www.tba.org/tba_files/TCCA/HAYES-D1_ORD.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
JAMES A. HOWARD

Court"TCCA

Attorneys:

STUART BRIAN BREAKSTONE
LAW OFFICE OF DON OWENS, P.A.
Memphis, Tennessee
Attorney for Appellant

JAMES L. KIRBY
HARRIS, SHELTON, DUNLAP AND COBB, L.L.P.C.
Memphis, Tennessee
Attorney for Appellee                          

Judge: WELLES

First Paragraph:

This is an appeal pursuant to Rule 3 of the Tennessee Rules of
Appellate Procedure.  Upon his pleas of guilty, the Defendant was
convicted of aggravated burglary and theft of property valued at more
than five hundred dollars but less than one thousand dollars. 
Pursuant to his plea agreement, the Defendant received minimum
sentences of three years for the aggravated burglary and one year for
the theft, to be served concurrently.  The manner of service of the
sentence was left to the discretion of the trial court.  The trial
judge denied any alternative sentencing option and ordered the
sentences served in the Department of Correction. SENTENCE MODIFIED.

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

STATE OF TENNESSEE
vs.
JAMES A. HOWARD

Court"TCCA

Judge: JONES

First Paragraph:

The case before this Court represents an appeal from the trial court's
denial of the petitioner's petition for writ of habeas corpus.  The
record was filed on November 13, 1996, and the petitioner filed his
brief on December 3, 1996.  The petitioner was originally indicted on
one count each of aggravated rape and aggravated kidnapping in
September 1986, for which the petitioner was subsequently convicted. 
In the present appeal, the petitioner, relying in part upon State v.
Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn. Crim. App. June 20,
1996), contends the judgment entered against him is void because the
indictment failed to allege the mens rea of the offense charged.

URL:http://www.tba.org/tba_files/TCCA/JONES-A1_ORD.WP6
Opinion-Flash

WILLIAM MICHAEL LEE
vs.
STATE OF TENNESSEE

Court"TCCA                          

Judge: JONES

First Paragraph:

This matter is before the Court upon the petitioner's pro se motion
for appointment of counsel in the above-captioned appeal.  The Court
previously entered an order in this matter under Rule 20, Rules of the
Court of Criminal Appeals, affirming the judgment of the trial. 
Accordingly, it is hereby ORDERED that the petitioner's motion for
appointment of counsel is denied.

URL:http://www.tba.org/tba_files/TCCA/LEE-W2_ORD.WP6
Opinion-Flash

BILLY W. MAY
vs.
STATE OF TENNESSEE

Court"TCCA

Judge: JONES

First Paragraph:

The case before this Court represents an appeal from the trial court's
denial of the petitioner's petition for writ of habeas corpus.  The
record was filed on November 12, 1996, and the petitioner filed his
brief on November 19, 1996.  The petitioner was originally indicted
for robbery with a deadly weapon in November 1987, and the petitioner
pled guilty to the same in December 1987.  In the present appeal, the
petitioner, relying in part upon State v. Roger Dale Hill, No.
01C01-9508-CC-00267 (Tenn. Crim. App. June 20, 1996), contends the
judgment entered against him is void because the indictment failed to
allege the mens rea of the offense charged.

URL:http://www.tba.org/tba_files/TCCA/MAY1_ORD.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
JIMMY D. McELROY

Court"TCCA

Attorneys:

FOR THE APPELLANT:                      FOR THE APPELLEE:
Alfred L. Hathcock, Jr.                 Charles W. Burson
Assistant District Public Defender      Attorney General & Reporter
119                    P.O. Box 703
                                        Kingston, TN 37763                          

Judge: JONES

First Paragraph:

The appellant, Jimmy D. McElroy, was convicted of driving under the
influence by consent, a Class A misdemeanor, by a jury of his peers. 
The trial court sentenced the appellant to pay a fine of $1,000 and
serve eleven months and twenty-nine days in the Loudon County Jail. 
All but four days of the sentence was suspended.  In this Court, the
appellant contends (a) the evidence is insufficient to support his
conviction and (b) the trial court committed error by permitting the
State of Tennessee to introduce evidence concerning the results of the
gaze nystagmus test.  After a thorough review of the record, the
briefs submitted by the parties, and the authorities which govern the
issues, this Court is of the opinion the judgment of the trial court
should be affirmed.

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

MICHAEL EDWARD McKINNEY
vs.
STATE OF TENNESSEE

Court"TCCA

Judge: JONES

First Paragraph:

The case before this Court represents an appeal from the trial court's
denial of the petitioner's petition for writ of habeas corpus.  The
record was filed on November 14, 1996, and the petitioner filed his
brief on December 4, 1996.  The petitioner was originally indicted for
aggravated rape and aggravated kidnapping in January 1984, for which
the petitioner was subsequently convicted. The petitioner also claims
he was indicted for and convicted of robbery with a deadly weapon, but
he has failed to include in the record a copy of this indictment or
any of the judgment sheets, thereby precluding the Court from
conducting an adequate review on this charge.  In the present appeal,
the petitioner, relying in part upon State v. Roger Dale Hill, No.
01C01-9508-CC-00267 (Tenn. Crim. App. June 20, 1996), contends the
judgment entered against him is void because the indictment failed to
allege the mens rea of the offense charged.

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

ROY L. MORRIS, JR.
vs.
STATE OF TENNESSEE

Court"TCCA                    

Judge: JONES

First Paragraph:

The case before this Court represents an appeal from the trial court's
denial of the petitioner's petition for writ of habeas corpus.  The
record was filed on October 3, 1996, and the petitioner filed his
brief on October 23, 1996.  The petitioner was originally indicted for
aggravated rape in November 1988, and was convicted of the same in
August 1989.  In the present appeal, the petitioner, relying in part
upon State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn. Crim.
App. June 20, 1996), contends the judgment entered against him is void
because the indictment failed to allege the mens rea of the offense
charged.

URL:http://www.tba.org/tba_files/TCCA/MORRIS1_ORD.WP6
Opinion-Flash

WILLIAM HENRY PRESTON
vs.
STATE OF TENNESSEE

Court"TCCA

Judge: JONES

First Paragraph:

The case before this Court represents an appeal from the trial court's
denial of the petitioner's petition for writ of habeas corpus.  The
record was filed on October 3, 1996, and the petitioner filed his
brief on October 22, 1996.  The petitioner was originally indicted on
six counts of aggravated rape in January 1989, and the petitioner pled
guilty to the same in June 1989.  In the present appeal, the
petitioner, relying in part upon State v. Roger Dale Hill, No.
01C01-9508-CC-00267 (Tenn. Crim. App. June 20, 1996), contends the
judgment entered against him is void because the indictment failed to
allege the mens rea of the offense charged.

URL:http://www.tba.org/tba_files/TCCA/PRESTON1_ORD.WP6
Opinion-Flash

JAMES R. C. ROGERS
vs. 
STATE OF TENNESSEE

Court"TCCA

Judge: JONES

First Paragraph:

The case before this Court represents an appeal from the trial court's
denial of the petitioner's petition for writ of habeas corpus.  The
record was filed on October 3, 1996, and the petitioner filed his
brief on October 22, 1996.  The petitioner was originally indicted for
aggravated rape in October 1988, and the petitioner pled guilty to the
same in January 1989.  In the present appeal, the petitioner, relying
in part upon State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn.
Crim. App. June 20, 1996), contends the judgment entered against him
is void because the indictment failed to allege the mens rea of the
offense charged.

URL:http://www.tba.org/tba_files/TCCA/ROGER-J1_ORD.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
KERRY WHITEHEAD

Court"TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:
KAREN T. FLEET                      CHARLES W. BURSON
P. O. Box 401                       Attorney General and Reporter
Bolivar, TN  38008  
                                    WILLIAM D. BRIDGERS
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243

                                    MARY ANNE QUEEN 
                                    Legal Assistant 

                                    ELIZABETH RICE
                                    District Attorney General
        
                                    JERRY NORWOOD
                                    Assistant District Attorney
                                    302 Market Street
                                    Somerville, TN  38068                        

Judge: SMITH

First Paragraph:

In this appeal Appellant maintains the evidence is insufficient to
support the verdict in his case.  Appellant was convicted by a jury of
aggravated burglary and theft under $500.  He was sentenced to three
years incarceration for the aggravated burglary and ordered to serve
six months in confinement followed by probation.  Appellant received a
six month sentence for the misdemeanor theft. The misdemeanor sentence
was ordered to run concurrently with the felony sentence. AFFIRMED
PURSUANT TO RULE 20.

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

Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/

Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank

Non TBA members are WELCOME to subscribe...it's free!!

Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank


© Copyright 1998 Tennessee Bar Association