TBALink Opinion-Flash

April 3, 1997 -- Volume #3 -- Number #037

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
09-New Opinions From TCCA

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George Dean
TBALink Chief Editor


STATE OF TENNESSEE
vs.
ROBERT EDWARD BOLING

Court:TCCA

Attorneys:   

FOR THE APPELLEE:                   FOR THE APPELLANT:

STEPHEN M. WALLACE                  CHARLES BURSON
District Public Defender            Attorney General & Reporter
Second Judicial District
P.O. Box 839                        EUGENE J. HONEA
Blountville, TN  37617              Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493

                                    H. GREELEY WELLS, JR.
                                    District Attorney General
                        
                                    ROBERT H. MONTGOMERY, JR.
                                    Asst District Attorney General
                                    Second Judicial District
                                    P.O. Box 526
                                    Blountville, TN  37617-0526                       

Judge: WOODALL

First Paragraph:

Pursuant to Rule 3(c)(1) of the Tennessee Rules of Appellate
Procedure, the State has appealed an order of the Criminal Court of
Sullivan County.   The trial court ruled that a previous order of that
court finding the Defendant was an habitual motor vehicle offender was
not a "final judgment" when the Defendant allegedly committed two
violations of the Habitual Motor Vehicle Offender Act in November
1994.  We modify the order of the trial court and remand this case for
entry of a proper judgment in the habitual motor vehicle offender case
and dismiss the charges against Defendant for violations of the
Habitual Motor Vehicle Offender Act.  MODIFIED AND REMANDED IN PART;
DISMISSED IN PART.

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

JIMMY L. McCURRY
vs.
BILLY COMPTON, WARDEN

Court:TCCA                       

First Paragraph:

This matter is before the Court upon the state's motion to affirm the
judgment of the trial court under Rule 20, Rules of the Court of
Criminal Appeals.  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 January 14, 1997, and the
petitioner filed his brief on January 22, 1997.  The petitioner was
originally indicted for first degree murder in January 1985, and was
convicted of the same in February 1985.  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/MCCURRYJ_ORD.WP6
Opinion-Flash

GARLAND POWELL
vs.
JIMMY HARRISON, WARDEN

Court:TCCA                        

First Paragraph:

This matter is before the Court upon the state's motion to affirm the
judgment of the trial court under Rule 20, Rules of the Court of
Criminal Appeals.  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 December 24, 1996, and the
petitioner filed his brief on January 24, 1997.  The petitioner was
originally indicted, among other things, for first degree murder in
April 1975, and was convicted of the same in January 1976.  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 charging him with murder during the perpetration of a
robbery failed to allege the mens rea of the offense charged.

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

ROBERT RAYFORD
vs. 
ROBERT CONLEY, WARDEN

Court:TCCA

First Paragraph:

This matter is before the Court upon the state's motion to affirm the
judgment of the trial court under Rule 20, Rules of the Court of
Criminal Appeals.  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 January 7, 1997, and the
petitioner filed his brief on February 6, 1997.  The petitioner was
originally indicted for aggravated rape in September 1984, and was
convicted of the same in 1985.  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/RAYFORD_ORD.WP6
Opinion-Flash

EUGENE D. SMITH
vs.
BILLY COMPTON, WARDEN

Court:TCCA                       

First Paragraph:

This matter is before the Court upon the state's motion to affirm the
judgment of the trial court under Rule 20, Rules of the Court of
Criminal Appeals.  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 January 14, 1997, and the
petitioner filed his brief on January 23, 1997.  The petitioner was
originally indicted on one count of aggravated sexual battery in June
1985, and pled guilty to the same in February 1986.  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/SMITH-E_ORD.WP6
Opinion-Flash

STATE OF TENNESSEE
vs. 
ROGER STEPHEN SMITH

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

David W. Webb                       Charles W. Burson
Attorney at Law                     Attorney General & Reporter
140A Court Avenue                   500 Charlotte Avenue
Sevierville, TN 37862               Nashville, TN 37243-0497

Ronald R. Reagan                    William D. Bridgers
Attorney at Law                     Assistant Attorney General
140A Court Avenue                   450 James Robertson Parkway
Sevierville, TN 37862               Nashville, TN 37243-0493

                                    Alfred C. Schmutzer, Jr.
                                    District Attorney General
                                    125 Court Avenue, Room 301-E
                                    Sevierville, TN 37862       

                                    Stephen R. Hawkins
                                    Asst District Attorney General
                                    125 Court Avenue, Room 301-E
                                    Sevierville, TN 37862                         

Judge: Jones

First Paragraph:

The appellant, Roger Stephen Smith, was convicted of murder in the
second degree, a Class A felony, and theft over $1,000, a Class D
felony, by a jury of his peers.  The trial court, finding the
appellant was a standard offender, imposed the following Range I
sentences:  confinement for twenty (20) years in the Department of
Correction for the offense of murder in the second degree and
confinement for four (4) years in the Department of Correction for
theft over $1,000.  In this Court, the appellant contends the evidence
contained in the record is insufficient, as a matter of law, to
support a finding by a rational trier of fact he was guilty of the two
offenses beyond a reasonable doubt.  He further contends the sentences
imposed by the trial court are excessive.  After a thorough review of
the record, the briefs submitted by the parties, and the law governing
the issues presented for review, it is the opinion of this Court the
judgment of the trial court should be affirmed. AFFIRMED.

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

STATE OF TENNESSEE
vs.
JENNIFER STREVEL

Court:TCCA

Attorneys:

For the Appellant:                  For the Appellee:
Thomas F. Bloom
500 Church Street                   Charles W. Burson
Fifth Floor                         Attorney General and Reporter
Nashville, TN  37219    
                                    Sandy R. Copous 
                                    Assistant Attorney General                          
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
                        
                                    Randall E. Nichols
                                    District Attorney General

                                    Robert L. Jolley
                                    Asst. District Attorney General
                                    City-County Building
                                    Knoxville, TN  37902                          

Judge: Hayes

First Paragraph:

The appellant, Jennifer Strevel, appeals her jury convictions for the
crimes of especially aggravated robbery and criminal responsibility
for facilitation of first degree murder.  The Criminal Court of Knox
County sentenced the appellant to serve twenty-five years in the
Department of Correction for each conviction with the two sentences to
run consecutively for an effective sentence of fifty years.
CONVICTIONS AFFIRMED; SENTENCES MODIFIED.

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

ROBERT LEE TAYLOR
vs. 
STATE OF TENNESSEE

Court:TCCA                       

First Paragraph:

This matter is before the Court upon the state's motion to affirm the
judgment of the trial court under Rule 20, Rules of the Court of
Criminal Appeals.  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 January 14, 1997, and the
petitioner filed his brief on January 22, 1997.  The petitioner was
originally indicted for first degree murder in April 1981, and was
convicted of the same in August 1982.  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/TAYLO-R_ORD.WP6
Opinion-Flash

KELVIN A. TAYLOR
vs.
STATE OF TENNESSEE

With Concurring Opinion


Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

Colin Johnson                       John Knox Walkup
P.O. Box 298                        Attorney General and Reporter
Dresden, Tennessee 38225            450 James Robertson Parkway
                                    Nashville, Tennessee 37243 0493

                                    Robin L. Harris
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, Tennessee 37243 0493

                                    Thomas A. Thomas
                                    District Attorney General
                                    P.O. Box 218
                                    Union City, Tennessee 38261
                            
                                    James T. Cannon
                                    Asst District Attorney General
                                    P.O. Box 218
                                    Union City, Tennessee 38261                         

Judge: Barker

First Paragraph:

The appellant, Kelvin A. Taylor, appeals as of right the Weakley
County Circuit Court's dismissal of his post-conviction relief
petition.  He argues on appeal that his guilty plea to the Class C
felony of robbery was not knowing and voluntary and that he received
ineffective assistance of counsel.  We have reviewed the record upon
appeal and find that no constitutional error exists; therefore, we
affirm the trial court's judgment. AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/TAYLORK_OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/TAYLORK_CON.WP6

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