TBALink Opinion-Flash

March 11, 1997 -- Volume #3 -- Number #028

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

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TBALink Chief Editor


STATE OF TENNESSEE
vs.
SHANNON RENEE DAVIS

Court:TSC

Attorneys:  

For Appellant:                      For Appellee:

R. Russell Mattocks                 Charles W. Burson
Morristown, Tennessee               Attorney General & Reporter

                                    Michael E. Moore
                                    Solicitor General

                                    Michael W. Catalano
                                    Associate Solicitor General
                                    Nashville, Tennessee

                                    C. Berkeley Bell, Jr.
                                    District Attorney General

                                    John Douglas Godbee
                                    Assistant District Attorney
                                    Rogersville, Tennessee                        

Judge: ANDERSON

First Paragraph:

We granted the appeal in this case to answer a question of first
impression: whether the trial court had the statutory authority to
order the defendant to pay restitution in addition to ordering a
sentence of incarceration for the offense of vandalism, and to
determine whether the trial court erred in denying the defendant
probation.  AFFIRMED.

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

BOBBY RIGGS and M-HELICOPTERS
OF TENNESSEE, INC.
vs.
CHARLES W. BURSON, Tennessee Attorney General and Reporter, 
CARL JOHNSON, Commissioner of the Tennessee Department of   
Transportation

Court:TSC

Attorneys: 

For Appellants:                     For Appellees:

Charles W. Burson                   Steven E. Marshall
Attorney General & Reporter         Marshall & Delius
                                    Sevierville, Tennessee
Michael E. Moore
Solicitor General

Barry Turner
Deputy Attorney General
Nashville, Tennessee                         

Judge: ANDERSON

First Paragraph:

We granted this appeal to decide whether a state statute prohibiting
the use of land for a heliport within nine miles of the boundary of a
national park is constitutional and, if so, whether it is preempted by
federal law. COURT OF APPEALS REVERSED; TRIAL COURT JUDGMENT
REINSTATED.

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

CGR INVESTMENTS, INC.
vs.
HACKNEY PETROLEUM, INC.

Court:TCA

Attorneys:  

For Appellant                       For Appellee

ARTHUR G. SEYMOUR, JR.              BARRY K. MAXWELL
JAMES E. WAGNER                     Egerton, McAfee, Armistead &
Frantz, McConnell &                 Davis, P.C.
  Seymour, L.L.P.                   Knoxville, Tennessee
Knoxville, Tennessee

Judge: Susano

First Paragraph:

This appeal is controlled by North Carolina substantive law.  Our
focus is on an admitted misrepresentation made during the course of
negotiations to settle a lease dispute.  One issue is whether the
misrepresentation is such as to warrant voiding the settlement
agreement subsequently executed by the parties to this litigation. 
Following a bench trial, the trial judge held that the settlement
agreement was valid and enforceable.  He had earlier determined that
the acknowledged misrepresentation did not constitute an unfair or
deceptive trade practice under the applicable North Carolina statutory
scheme.  The plaintiff CGR Investments, Inc. (CGR) appealed, arguing
that the trial court's judgment is wrong in both respects. AFFIRMED IN
PART REVERSED IN PART REMANDED.

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

TBC CORPORATION
vs.
GENE WALL, GERALDINE WALL, JOE WALL and HELEN WALL
vs.
MARVIN BRUCE

Court:TCA

Attorneys: 

JOHN I. HOUSEAL, JR. and JAMES S. STRICKLAND, JR., Glankler Brown,
Memphis, Attorneys for Plaintiff/Third-Party Defendant/Appellants.

THOMAS F. JOHNSTON, PAUL E. PRATHER and STEVEN W. LIKENS, Armstrong,
Allen, Prewitt, Gentry, Johnston, & Holmes, Memphis, Attorneys for
Defendants/Third-Party Plaintiffs/Appellees.

Judge: TOMLIN

First Paragraph:

TBC Corporation ("Plaintiff") filed suit in the Chancery Court of
Shelby County against Joe Wall, Helen Wall, Gene Wall and Geraldine
Wall (collectively "The Walls" or "Defendants") seeking a judgment for
an amount due on an account secured by personal guaranties signed by
defendants.  The defendants filed an answer and a third-party
complaint, the latter against Marvin Bruce, plaintiff's president,
("Bruce"), by which they sought indemnification in the event plaintiff
obtained a judgment against them.  In their answer, the defendants
denied that the guaranties were still in effect, and in addition,
raised the affirmative defenses of release, waiver, abandonment and
estoppel.  The answer and third-party complaint also demanded a jury.
REVERSED IN PART AND AFFIRMED IN PART.

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

PHYLLIS TRACY and RAYFORD TRACY
vs.
EXXON CORPORATION, d/b/a EXXON SHOP

Court:TCA

Attorneys:

EDWIN C. LENOW
Memphis, Tennessee
Attorney for Appellants

JOHN J. HEFLIN, III
ALEX C. ELDER
BOURLAND, HEFLIN, ALVAREZ, HOLLEY & MINOR, PLC
Memphis, Tennessee
Attorneys for Appellees                          

Judge: HIGHERS

First Paragraph:

In this slip and fall case, the Plaintiffs, Phyllis and Rayford Tracy,
filed suit against the Defendant, Exxon Corporation, for injuries
sustained from Phyllis Tracy's fall at the Defendant's place of
business.  The trial court granted summary judgment in favor of the
Defendant based upon the open and obvious rule.  The Plaintiffs have
appealed the trial court's order granting the Defendant's motion for
summary judgment arguing that the open and obvious rule does not apply
in this case. AFFIRMED.

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

KENNETH VALENTINE and wife, RITA VALENTINE
vs.
DOUG WEATHERFORD

Court:TCA

Attorneys:

CARTHEL L. SMITH, JR.
Lexington, Tennessee
Attorney for Plaintiffs/Appellants

JOHN S. LITTLE
WALDROP & HALL
Jackson, Tennessee
Attorney for Defendant/Appellee                          

Judge: HIGHERS

First Paragraph:

In this slip and fall case, the Plaintiffs, Kenneth and Rita
Valentine, filed suit against the Defendant, Doug Weatherford, for
injuries sustained from Kenneth Valentine's fall at the Defendant's
home. The trial court granted the Defendant's motion for summary
judgment based upon application of the open and obvious rule. The
Plaintiffs have appealed the trial court's order granting the
Defendant's motion for summary judgment arguing that the open and
obvious rule does not apply to the facts of this case. AFFIRMED.

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

RONALD ALBERT BRUMMITT
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For Appellant:                      For Appellee:

Douglas A. Trant                    Charles W. Burson
900 South Gay Street                Attorney General & Reporter
Suite 1502 
Knoxville, TN  37902                Eugene J. Honea
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493           
                                    Charles Hawk 
                                    District Attorney General
                                        and 
                                    Roger Delp 
                                    Asst. District Attorney General
                                    P.O. Box 703
                                    Kingston, TN  37763                          

Judge: WELLES

First Paragraph:

The petitioner, Ronald Albert Brummitt, appeals the trial court's
dismissal of his petition for post-conviction relief.  The single
issue presented for review is whether the petition was barred by the
statute of limitations.  AFFIRMED.

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

CHICO LOPEZ CHIGANO
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

For the Appellant:                  For the Appellee:

Mark Stephens                       Charles W. Burson
Knox County Public Defender         Attorney General and Reporter
    
David Gall                          Timothy F. Behan
Asst. Public Defender               Assistant Attorney General                      
1209 Euclid Avenue          		Criminal Justice Division
Knoxville, TN  37921                450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
                        
                                    Randall E. Nichols
                                    District Attorney General

                                    Robert Jolley
                                    Asst. District Attorney General
                                    City-County Building
                                    Knoxville, TN  37902
                                    
Judge: Hayes

First Paragraph:

The appellant, Chico Lopez Chigano, appeals the Knox County Criminal
Court's dismissal of his petition for post-conviction relief.  On
appeal, the appellant raises only one issue: Whether his trial counsel
was ineffective for failure to request an accomplice instruction at
trial. AFFIRMED.

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

STATE OF TENNESSEE
vs.
KENNETH CULP

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

Julie K. Pillow                     Charles W. Burson
Assistant Public Defender           Attorney General & Reporter
P.O. Box 700                        500 Charlotte Avenue
Somerville, TN 38068                Nashville, TN 37243-0497
(Trial and Appeal)
                                    Ellen H. Pollack
David S. Stockton                   Assistant Attorney General
Assistant Public Defender           450 James Robertson Parkway
P.O. Box 700                        Nashville, TN 37243-0493
Somerville, TN 38068
(Trial Only)                        Elizabeth T. Rice
                                    District Attorney General
OF COUNSEL:                         302 Market Street
                                    Somerville, TN 38068
Gary F. Antrican
District Public Defender            James W. Freeland, Jr.
P.O. Box 700                        Assistant District Public Defender
Somerville, TN 38068                302 Market Street
                                    Somerville, TN 38068                         

Judge: Jones

First Paragraph:

The appellant, Kenneth Culp, was convicted of escape, a Class E
felony, by a jury of his peers.  The trial court, finding the
appellant to be a career offender, imposed a Range III sentence
consisting of confinement for six (6) years in the Department of
Correction.  In this Court, the appellant contends the trial court
committed error of prejudicial dimensions by (a) permitting a
sheriff's deputy to testify regarding a telephone call he received on
the evening the appellant escaped, (b) failing to instruct the jury on
the defense of duress, and (c) giving an erroneous instruction on the
defense of necessity.  After a thorough review of the record, the
briefs of the parties, and the authorities which govern these issues,
this Court is of the opinion the judgment of the trial court should be
affirmed. AFFIRMED.

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

STATE OF TENNESSEE
vs.
CECIL WAYNE FOWLER

Court:TCCA

Attorneys:                          

For the Appellant:                  For the Appellee:

Pamela Drewery                      Charles W. Burson
Asst District Public Defender       Attorney General of Tennessee
227 West Baltimore                      and             
Jackson, TN 38301                   Sarah M. Branch
(AT TRIAL)                          Assist Attorney General of Tenn                     
									450 James Robertson Parkway     
George Morton Googe                 Nashville, TN 37243-0493
District Public Defender
     and                            James G. (Jerry) Woodall
Pamela J. Drewery                   District Attorney General
Assit District Public Defender          and
227 West Baltimore                  Don Allen
Jackson, TN 38301                   Asst District Attorney General
(ON APPEAL)                         P.O. Box 2825
                                    Jackson, TN 38302-2825
                                    
Judge: Tipton

First Paragraph:

The defendant, Cecil Wayne Fowler, appeals as of right from the
revocation of his probation by the Madison County Circuit Court.  He
contends that the trial court abused its discretion by revoking his
probation. AFFIRMED.

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

THOMAS W. HEATON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

For the Appellant:                  For the Appellee:

John G. McDougal                    Charles W. Burson
Attorney at Law                     Attorney General and Reporter
701 Broad St.   
Tivoli Center, Suite One LL         Robin L. Harris
Chattanooga, TN  37402              Assistant Attorney General                          
									Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
                        
                                    William H. Cox III
                                    District Attorney General

                                    Yolanda Mitchell
                                    Asst. District Attorney General
                                    Third Floor, Courts Building
                                    Chattanooga, TN  37402                        

Judge: Hayes

First Paragraph:

The appellant, Thomas W. Heaton, appeals the trial court's denial of
his petition for post-conviction relief.  The appellant is currently
serving a sentence of nine years in the Tennessee Department of
Correction pursuant to his guilty plea to aggravated burglary.  The
appellant presents the following issues for our consideration: first,
whether his plea of guilty was knowing and voluntary, i.e. "made with
knowledge of the 'relevant circumstances and likely consequences,'"
King v. Dutton, 17 F.3d 151, 153 (6th Cir.), cert. denied,  U.S., 
114 S.Ct. 2712 (1994)(citation omitted); second, whether appointed
counsel was ineffective in failing to ensure that the appellant
understood the terms of the plea agreement. AFFIRMED.

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

STATE OF TENNESSEE
vs.
MILTON S. JONES, JR

Court:TCCA

Attorneys:   

For Appellant:                      For Appellee:

Mark A. Mesler                      Charles W. Burson
200 Jefferson Avenue                Attorney General & Reporter
Memphis, TN  38103
(on appeal only)                    Robin L. Harris
                                    Assistant Attorney General
Marvin Ballin                       450 James Robertson Parkway
200 Jefferson Avenue                Nashville, TN  37243 0493       
Memphis, TN  38103  
(on appeal and at trial)            J. Robert Carter, Jr.
                                        and
                                    Terry Harris
                                    Asst. District Attorneys General
                                    Shelby County Dist Atty's Office
                                    201 Poplar Avenue, Third Floor
                                    Memphis, TN  38103                       

Judge: WADE

First Paragraph:

The defendant, Milton S. Jones, Jr., pled guilty to one count of
aggravated sexual battery of a child less than thirteen (13) years of
age.  Tenn. Code Ann. S 39-13-504.  On the initial direct appeal, this
court remanded for resentencing.  State v. Milton S. Jones, Jr., No.
02C01-9304-CR-00076 (Tenn. Crim. App., at Jackson, March 23, 1994). 
The trial judge then sentenced the defendant to a Range I, nine-year
term. AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/JONES5_OPN.WP6
Opinion-Flash

JIMMY EARL LOFTON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

JIMMY EARL LOFTON, pro se           CHARLES W. BURSON
CCA - South Central Corr. Center    Attorney General and Reporter
P.O. Box 279
Clifton, TN 38425-0279              ELLEN H. POLLACK
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    JOHN W. PIEROTTI
                                    District Attorney General

                                    TOM HENDERSON
                                    Asst District Attorney General
                                    201 Poplar Avenue
                                    Third Floor
                                    Memphis, TN 38103                         

Judge: RILEY

First Paragraph:

Jimmy Earl Lofton appeals the judgment of the Shelby County Criminal
Court denying his petition for post-conviction relief.  He was
declared an habitual criminal at a trial in 1985.  In 1995, one of the
underlying convictions was set aside.  He now contends that the
habitual criminal finding should be set aside.  The trial court denied
post-conviction relief without a hearing.  On appeal, Lofton presents
two issues for our review: (1) whether he was denied the right to a
fair trial by the use of a 1970 conviction which was subsequently
vacated; and (2) whether the reasonable doubt jury instruction
violated due process.  AFFIRMED.

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

TIMOTHY L. LOVELACE
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

JOHN S. WILDER & ASSOCIATES         CHARLES W. BURSON
ANDREW S. JOHNSTON                  Attorney General and Reporter
108 E. Court Square         
Somerville, TN  38068               SARAH M. BRANCH
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243

                                    ELIZABETH RICE
                                    District Attorney General

                                    CHRIS MARSHBURN
                                    Assistant District Attorney
                                    302 Market Street
                                    Somerville, TN  38068                         

Judge: SMITH

First Paragraph:

Appellant Timothy L. Lovelace 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
trial counsel rendered effective assistance; and (2) whether the trial
court erred in finding that no due process violation occurred where
the judgment offense was of a different class than the plea offense.
AFFIRMED.

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

STATE OF TENNESSEE
vs.
BRYANT DEWAYNE MILLEN

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

Leslie I. Ballin                    Charles W. Burson
Mark A. Mesler                      Attorney General & Reporter 
Ballin, Ballin & Fishman, P.C.
200 Jefferson Avenue, Suite 1250    Timothy F. Behan
Memphis, TN 38103                   Assistant Attorney General
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    John W. Pierotti
                                    District Attorney General

                                    Thomas D. Henderson
                                    Asst. Dist. Attorney General
                                    201 Poplar, Third Floor
                                    Memphis, TN 38103                          

Judge: SUMMERS

First Paragraph:

The appellant, Bryant Dewayne Millen, was indicted on one count of
first degree murder and one count of felony murder.  He was convicted
by a jury of first degree murder and sentenced to life imprisonment.
AFFIRMED.

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

STATE OF TENNESSEE
vs.
JOHN MILLER, JR.

Court:TCCA

Attorneys:   

For Appellant:                      For Appellee:

Terry L. Jordan                     Charles W. Burson
Assistant Public Defender           Attorney General & Reporter
P.O. Box 839
Blountville, TN  37617              Darian B. Taylor
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493   
                                            
                                    Phyllis H. Miller
                                    Asst District Attorney General
                                    P.O. Box 526                
                                    Blountville, TN  37617                       

Judge: WADE

First Paragraph:

The defendant, John Miller, Jr., was convicted of reckless
endangerment with a deadly weapon, a felony.  Tenn. Code Ann. S 39-13
103(b).  The trial court imposed a two-year sentence.  In this appeal
of right, the defendant challenges the sufficiency of the evidence and
claims the sentence was excessive.  AFFIRMED.

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

STATE OF TENNESSEE
vs.
ANTHONY PULLIAM

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

Walker Gwinn                        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
Samuel L. Perkins                   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       James M. Lammey
201 Poplar Avenue, Suite 2-01       Asst District Attorney General
Memphis, TN 38103                   201 Poplar Avenue, Suite 3-01
                                    Memphis, TN 38103                         

Judge: Jones

First Paragraph:

The appellant, Anthony Pulliam, was convicted of aggravated robbery, a
Class B felony, by a jury of his peers.  The trial court found the
appellant was a multiple offender and imposed a Range II sentence
consisting of confinement for fourteen (14) years in the Department of
Correction.  The appellant contends the trial court committed error of
prejudicial dimensions by failing to instruct the jury on the lesser
included offense of robbery.  AFFIRMED.

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

STATE OF TENNESSEE
vs.
GUY WILLIAM RUSH

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

Leslie S. Hale                      Charles W. Burson
Asst. Public Defender               Attorney General and Reporter
P. O. Box 839   
Blountville, TN  37617              Susan Rosen
                                    Assistant Attorney General  
Stephen M. Wallace                  Criminal Justice Division
District Public Defender            450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
                        
                                    H. Greeley Wells, Jr.
                                    District Attorney General

                                    Edward E. Wilson
                                    Asst. District Attorney General
                                    Blountville, TN  37617                         

Judge: Hayes

First Paragraph:

The appellant, Guy William Rush, appeals as of right from the order of
the Sullivan County Criminal Court revoking his probation.  The
appellant presents one issue for our review.  He contends that the
trial court abused its discretion in revoking his sentence of
probation. AFFIRMED.

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

ADRIAN WAITE
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For Appellant:
ON APPEAL:

Gerald L. Gulley, Jr.
BAKER, McREYNOLDS, BYRNE, BRACKETT, O'KANE & SHEA
P.O. Box 1708
Knoxville, TN  37901-1708

For Appellee:

Charles W. Burson
Attorney General & Reporter

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

Judge: WADE

First Paragraph:

The petitioner, Adrian Waite, appeals the trial court's dismissal of
his petition for post-conviction relief.  The single issue presented
for our review is whether the trial court erred by dismissing the
petition without the appointment of counsel or an evidentiary hearing.
REVERSED AND REMANDED.

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

ERIC WEBB
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:   

FOR THE APPELLANT;                  FOR THE APPELLEE:

R. Price Harris                     Charles W. Burson
Attorney at Law                     Attorney General & Reporter
3074 East Street                    500 Charlotte Avenue
Memphis, TN 38128                   Nashville, TN 37243-0497

                                    Ellen H. Pollack
                                    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

                                    Jennifer S. Nichols
                                    Asst District Attorney General
                                    201 Poplar Avenue, Suite 3-01
                                    Memphis, TN 38103                       

Judge: Jones

First Paragraph:

The appellant Eric Webb, 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 he was afforded the effective assistance of
counsel within the meaning of the United States Constitution and the
Tennessee Constitution.  AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/WEBB3_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
LAMAR WEDDLE

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

G. Stephen Davis                    Charles W. Burson
District Public Defender            Attorney General of Tennessee
      and                               and
Clarence Cochran                    George Linebaugh
Assistant Public Defender           Asst Attorney General of Tennessee 
208 Mill Avenue                     450 James Robertson Parkway     
Dyersburg, TN 38024                 Nashville, TN 37243-0493
(AT TRIAL)
                                    C. Phillip Bivens
Bill R. Barron                      District Attorney General
124 East Court Square               115 East Market St.
Trenton, TN 38382                   Dyersburg, TN 38024
(ON APPEAL)                         

Judge: Jones

First Paragraph:

The defendant, Lamar Weddle, was convicted in a jury trial in the Dyer
County Circuit Court of possession of over one-half gram of cocaine
for resale, a Class B felony.  The trial court sentenced the defendant
as a Range I, standard offender to eight years in the custody of the
Department of Correction and imposed a fine of two thousand dollars. 
In this appeal as of right, the defendant contends (1) that the
evidence is insufficient to support his conviction and (2) that the
trial court erred by refusing to grant him some form of sentencing
alternative to incarceration.  We disagree. AFFIRMED.

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

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