TBALink Opinion-Flash

March 26, 1997 -- Volume #3 -- Number #034

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
04-New Opinions From TCCA

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George Dean
TBALink Chief Editor


STATE OF TENNESSEE
vs.
LOWELL B. BENNINGTON

Court:TCCA

Attorneys:    

For the Appellant:                  For the Appellee:

Kenneth L. Miller                   John Knox Walkup
Logan, Thompson, Miller,            Attorney General and Reporter
Bilbo, Thompson & Fisher    
Post Office Box 191                 Robin L. Harris
Cleveland, TN  37364-0191           Assistant Attorney General                              
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
                        
                                    Jerry N. Estes
                                    District Attorney General

                                    Rebble Johnson
                                    Assistant District Attorney 
                                    Post Office Box 1351
                                    Cleveland, TN  37364-1351                      

Judge:  Barker

First Paragraph:

The appellant, Lowell B. Bennington, appeals as of right his
conviction of driving under the influence of an intoxicant following a
bench trial in the Bradley County Criminal Court.  The only issue
raised on appeal is the sufficiency of the evidence supporting the
trial court's verdict.  After a thorough review of the record, we find
the evidence sufficient and affirm the conviction and sentence of the
trial court. AFFIRMED.

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

STATE OF TENNESSEE
vs.
ROBIN N. CLARK

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

MACK GARNER (On Appeal)             CHARLES W. BURSON
District Public Defender            Attorney General & Reporter

NATALEE HURLEY (At Trial)           M. ALLISON THOMPSON
Assistant Public Defender           Counsel for the State
419 High St.                        450 James Robertson Parkway
Maryville, TN 37804                 Nashville, TN 37243-0493    

                                    PHILLIP MORTON
                                    Asst District Attorney General
                                    363 Court St.
                                    Maryville, TN 37804-5906                         

Judge: WITT

First Paragraph:

The appellant, Robin N. Clark, appeals as of right from the Blount
County Circuit Court's order revoking her probation.  In 1993, Clark
pled guilty to four counts of uttering a forged instrument.  The trial
judge sentenced her to two years on each count with the sentences to
be served concurrently.  She was placed on intensive probation after
completing a drug rehabilitation program.  AFFIRMED.

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

STATE OF TENNESSEE
vs.
PERRY THOMPSON

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:

JOE H. WALKER                       CHARLES W. BURSON
Public Defender                     Attorney General and Reporter

WALTER B. JOHNSON, II               SANDY R. COPOUS
Assistant Public Defender           Assistant Attorney General
P.O. Box 334                        450 James Robertson Parkway
Harriman, TN 37748                  Nashville, TN 37243-0493

                                    CHARLES E. HAWK
                                    District Attorney General

                                    FRANK A. HARVEY
                                    Asst District Attorney General
                                    P.O. Box 703
                                    Kingston, TN 37763                        

Judge: WELLES

First Paragraph:

The Defendant, Perry Thompson, appeals as of right pursuant to Rule 3
of the Tennessee Rules of Appellate Procedure.  He was convicted by a
Roane County jury of theft of property valued between ten thousand
dollars ($10,000) and sixty thousand dollars ($60,000).  The trial
court sentenced him as a Range II multiple offender to six years with
the Tennessee Department of Correction.  In this appeal, the Defendant
argues that the trial court erred in permitting him to be tried while
shackled in leg irons, that there is insufficient corroboration of
accomplice testimony, and that the trial judge erred in failing to
grant a new trial pursuant to his duty as thirteenth juror.  After
carefully reviewing the record, we conclude that the Defendant's first
issue has merit.  Accordingly, we reverse the judgment of the trial
court and remand this case for a new trial. REVERSED AND REMANDED.

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

STATE OF TENNESSEE
vs.
LARRY STEVE WILSON

Court:TCCA

Attorneys:    

For the Appellant:                  For the Appellee:

Mack Garner                         Charles W. Burson
District Public Defender            Attorney General and Reporter
318 Court Street                            
Maryville, TN 37801             
                                    Elizabeth T. Ryan
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    Michael L. Flynn
                                    District Attorney General

                                    Philip Morton
                                    Assistant District Attorney
                                    363 Court Street
                                    Maryville, TN 37804
                                                  

Judge: Barker

First Paragraph:

The appellant, Larry Steve Wilson, appeals as of right his conviction
in the Circuit Court of Blount County of one count of the sale of less
than .5 grams of cocaine.  He was sentenced by the trial court to six
(6) years in the penitentiary as a Range II multiple offender and was
fined $10,000 by the jury for this Class C felony. AFFIRMED.

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

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