TBALink Opinion-Flash

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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George Dean
TBALink Chief Editor

RULE 13 
IN RE: SUPREME COURT RULES  

Court:TSC - Rules

First Paragraph:

After due consideration, the Rule 13 of the Rules of the Supreme Court
of Tennessee adopted April 3, 1997, is amended hereby by adding the
following section: Section 7.  Effective Date. This rule shall take
effect July 1, 1997.

URL:http://www.tba.org/tba_files/TSC_Rules/RULE13_OR2.WP6


CLEMMYE MULLENIX BERGER
vs.
MARVIN L. RATNER, JOYCE H. SEALAND, individually 
and as members of the law firm formerly known as 
RATNER & ROTCHILD and now known as RATNER,
ROTCHILD & SEALAND

Court:TCA

Attorneys:

Henry L. Klein,
APPERSON, CRUM, DUZANE & MAXWELL, Memphis, Tennessee
Attorney for Defendants/Appellants Marvin L. Ratner and Joyce H. Sealand.

Joyce H. Sealand, Memphis, Tennessee
Attorney for Ratner, Rotchild & Sealand.

Blanchard E. Tual, Memphis, Tennessee
Attorney for Plaintiff/Appellee Clemmye Mullenix Berger.

John J. Thomason,
THOMASON, HENDRIX, HARVEY, JOHNSON & MITCHELL, Memphis, Tennessee
Attorney for Respondent/Appellee Blanchard E. Tual.                          

Judge: FARMER

First Paragraph:

Defendant Marvin L. Ratner appeals the trial court's order denying his
motion for Rule 11 sanctions against Plaintiff/Appellee Clemmye
Mullenix Berger and her attorney, Appellee Blanchard Tual.  We
conclude that the trial court did not abuse its discretion in denying
Ratner's motion for sanctions, and we affirm. AFFIRMED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/bergercm_opn.WP6


SAMUEL TYRONE BRYANT
vs.
MICHAEL C. GREENE, Commissioner 
of the Tennessee Department of Safety

Court:TCA

Attorneys:  

For the Plaintiff/Appellant:        For the Defendant/Appellee:

Francis X. Santore, Jr.             Charles W. Burson
SANTORE AND SANTORE                 Attorney General and Reporter
Greeneville, Tennessee
                                    Rebecca Lyford
                                    Assistant Attorney General                        

Judge: KOCH

First Paragraph:

This appeal involves the forfeiture of an automobile under the
Tennessee Drug Control Act.  The automobile's owner filed a petition
for judicial review of the forfeiture order in the Chancery Court for
Davidson County, asserting that the forfeiture proceeding was
unconstitutional because he did not receive a notice of seizure or a
copy of the department's forfeiture order.  The trial court dismissed
the petition because it was not timely filed.  We affirm. AFFIRMED AND
REMANDED.

URL:http://www.tba.org/tba_files/TCA/bryantsa_opn.WP6


AMANDA LINN CASHION
vs.
EVELYN C. ROBERTSON, JR., in his capacity 
as Commissioner, Tennessee Dept. of Mental Health 
and Mental Retardation, and DON G. HOLT, in his
capacity as Commissioner, Tennessee Dept. of Personnel

Court:TCA

Attorneys: 

For the Plaintiff/Appellant:        For the Defendant/Appellee:

Francis X. Santore, Jr.             Charles W. Burson
SANTORE AND SANTORE                 Attorney General and Reporter
Greeneville, Tennessee
                                    Rebecca Lyford
                                    Assistant Attorney General                         

Judge: KOCH

First Paragraph:

Amanda Linn Cashion has filed a petition for rehearing pursuant to
Tenn. R. App. P. 39 asserting that this court misapprehended the facts
and controlling issues of law in this case.  The petition is
respectfully denied.

URL:http://www.tba.org/tba_files/TCA/cashion_reh.WP6


PAUL GLEN DRAPER
vs.
CURT REAVER and 
RICHARD ALAN TACEY, JR.

Court:TCA

Attorneys: 

For the Plaintiff/Appellant:        For the Defendant/Appellee
                                    Curt Reaver:
Joseph P. Rusnak
TUNE, ENTREKIN & WHITE              Bryan Essary
Nashville, Tennessee                Joe W. Ellis, II
                                    GIDEON & WISEMAN
                                    Nashville, Tennessee

                                    For the Defendant/Appellee
                                    Richard Alan Tacey, Jr.:

                                    Dennis E. Blevins
                                    Nashville, Tennessee                         

Judge: KOCH

First Paragraph:

This appeal stems from a three-vehicle collision on I-65 in Davidson
County.  One driver filed suit in the Circuit Court for Davidson
County against his employer and the owners of the other two vehicles. 
The plaintiff later voluntarily dismissed his claims against his
employer and moved to amend his complaint to add his employer as a
plaintiff.  The trial court denied the motion and granted summary
judgments dismissing the plaintiff's claims against the owners of the
other vehicles.  The plaintiff asserts on this appeal that the trial
court should have permitted him to amend his complaint and that the
summary judgments would have been inappropriate had the trial court
done so.  While the trial court properly granted the summary judgments
concerning the plaintiff's personal injury claims, it erred by
dismissing the plaintiff's property damage claims.  In order to avoid
a multiplicity of suits, the trial court should have treated the
plaintiff's motion to amend his complaint as a motion by the
plaintiff's employer to intervene as of right pursuant to Tenn. Code
Ann. S 50-6 112(c) (1991).  Accordingly, we vacate the summary
judgments in part and remand the case for further proceedings.
AFFIRMED IN PART; VACATED IN PART AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/draperrea_opn.WP6


MIKE T. HUNTER
vs.
DAMIAN V. BURKE; and DONNIE WEAR and JOE GUFFEY, 
individually and doing business as J? AUTO SALES

and                      

EDWIN THOMPSON, also known as EDWARD THOMPSON

Court:TCA

Attorneys: 

For Appellant Burke                 For Appellee

GERARD M. SICILIANO                 ROGER E. JENNE
Luther-Anderson, P.L.L.P.           Jenne, Scott & Bryant
Chattanooga, Tennessee              Cleveland, Tennessee

For Appellants Wear and Guffey

LARRY B. NOLEN
Athens, Tennessee                         

Judge: Susano

First Paragraph:

This is a suit for damages arising out of personal injuries sustained
by Mike T. Hunter (Hunter) when he was hit by an automobile driven by
the defendant Damian V. Burke (Burke).  Burke's vehicle was owned by
the defendants Donnie Wear (Wear) and Joe Guffey (Guffey).  The trial
court directed a verdict against all of the appealing defendants.  The
jury then awarded Hunter compensatory damages of $270,000.  These
defendants appealed. AFFIRMED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/huntermt_opn.WP6


VICTORIA L. HYMEL
vs.
LAWRENCE P. HYMEL, JR

Court:TCA

Attorneys:   

For the Plaintiff/Appellee:         For the Defendant/Appellant:

Steven M. Moore                     P. Edward Schell
Nashville, Tennessee                Franklin, Tennessee
                       
Judge: KOCH

First Paragraph:

This interlocutory appeal involves parties who have commenced divorce
proceedings in two states.  After obtaining a divorce in Louisiana,
the husband filed motions in the Fourth Circuit Court for Davidson
County seeking to dismiss the wife's pending Tennessee divorce
complaint.  The trial court determined that the Louisiana decree was
entitled to full faith and credit but decided to proceed with the
wife's claim for spousal support.  The husband, with the trial court's
permission, seeks this interlocutory appeal to determine whether the
trial court has subject matter jurisdiction over the wife's claim.  We
have determined that an interlocutory appeal is warranted, that the
trial court's denial of the husband's motion to dismiss for lack of
subject matter jurisdiction should be affirmed in accordance with
Tenn. Ct. App. R. 10(b), and that the case should be remanded for
further proceedings consistent with this opinion. AFFIRMED AND
REMANDED.

URL:http://www.tba.org/tba_files/TCA/hymelhym_opn.WP6


LAMAR ADVERTISING OF TENNESSEE, INC.
vs.
CITY OF KNOXVILLE

Court:TCA

Attorneys: 

LAWRENCE P. LEIBOWITZ OF KNOXVILLE FOR APPELLANT
SHARON E. BOYCE OF KNOXVILLE FOR APPELLEE
                         
Judge: Goddard

First Paragraph:

Lamar Advertising of Tennessee (Lamar) appeals from an order of the
Chancery Court of Knox County that upheld the validity of a provision
of the Knoxville City Code, Article V, Section 10-N (Ordinance) that
assesses a license fee per annum for the inspection of all existing
ground and portable signs within the City of Knoxville.  Lamar owns
and maintains 350 outdoor advertising structures within the City of
Knoxville and has challenged the validity of the ordinance. REVERSED
AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/lamaradv_opn.WP6


DOUGLAS McPHERSON
vs.
BILLY STOKES, in his capacity as Commissioner of the Tennessee
Department of Employment Security; and SATURN CORPORATION, a
corporation doing business in Tennessee

Court:TCA

Attorneys:    

For the Plaintiff/Appellant:        For the Defendant/Appellee
                                    State of Tennessee:
David Kozlowski
Columbia, Tennessee                 John Knox Walkup
                                    Attorney General and Reporter

                                    Robert W. Stack
                                    Vernon A. Melton, Jr.
                                    Nashville, Tennessee

                                    Saturn Corporation:

                                    Waverly D. Crenshaw, Jr.
                                    Stephen W. Grace
                                    Waller, Lansden, Dortch & Davis
                                    Nashville, Tennessee                      

Judge: KOCH

First Paragraph:

This appeal involves a claim for unemployment compensation benefits by
an employee who declined to return to work following a leave of
absence.  The Department of Employment Security denied the claim
because the employee had left his job voluntarily without good cause
connected with his work.  The Chancery Court for Davidson County
affirmed the denial of the employee's claim, and the employee
perfected this appeal, asserting that he did not leave his job
voluntarily because his employer had not formally denied his second
request for personal leave when it notified him of his separation.  We
affirm the denial of unemployment compensation benefits. AFFIRMED AND
REMANDED.

URL:http://www.tba.org/tba_files/TCA/mcphrstk_opn.WP6


LINCOLN W. (CHIPS) MOMAN
vs.
M. M. CORPORATION, d/b/a THE MEMPHIS FLYER, H. 
DAVID LYONS, KENNETH NEILL, and GREGG CRAVENS

Court:TCA

Attorneys:

Hal Gerber and Lewis R. Polk, III of Memphis
    For Appellant

Jerry Mitchell and John H. Dotson of Memphis
    For Appellees                          

Judge: CRAWFORD

First Paragraph:

This is a libel case.  Plaintiff, Lincoln W. (Chips) Moman, appeals
from the order of the trial court denying his motion to compel
discovery and granting the defendants' motion for summary judgment.
VACATED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/momanl_opn.WP6


BEVERLY DIANNE (PRIVETTE)   
vs.
GARY THOMAS MOORE

Court:TCA

Attorneys:   

Margaret R. Barr of Covington
    For Appellee

Gary Thomas Moore, Pro Se                     

Judge: CRAWFORD

First Paragraph:

This appeal involves a motion to set aside an order modifying child
custody.  Defendant, Gary Thomas Moore (Father), appeals the trial
court's order granting the Motion to Dismiss filed by plaintiff,
Beverly Dianne Privette Moore (Mother), and denying his Motion for
Relief Pursuant to Tenn.R.Civ.P. 60.02.  AFFIRMED.

URL:http://www.tba.org/tba_files/TCA/mooreb_opn.WP6


WILLIAM P. NIXON, JR.
vs.
MARTHA SUE NIXON

Court:TCA

Attorneys:

STEVAN L. BLACK and KIMBERLY HARRIS JORDAN, Black, Bobango & Morgan,
Memphis, Attorneys for Plaintiff.

MARTI L. KAUFMAN, Monroe, Shankman & Kaufman, Memphis, Attorney for
Defendant.

Judge: TOMLIN

First Paragraph:

William P. Nixon, Jr. ("Husband") filed suit for divorce against
Martha Sue Nixon ("Wife") in the Circuit Court of Shelby County on the
grounds of irreconcilable differences and inappropriate marital
conduct.  Wife also filed a counter-complaint against Husband seeking
a divorce.  Following a bench trial, the court awarded a divorce to
both parties.  In addition the court set aside certain real estate to
Husband as separate property, and found that the appreciation in value
during marriage of that property to be marital property, awarding Wife
40% of the appreciated value.  The trial court also found that while
the parties had entered into a prenuptial agreement that contained a
provision expressly prohibiting the payment of alimony, this provision
was void as against public policy and awarded Wife rehabilitative
alimony. REVERSED IN PART AND AFFIRMED IN PART.

URL:http://www.tba.org/tba_files/TCA/nixonw_opn.WP6


ROY S. OAKES
vs.
HARRY LANE NISSAN, INC.

Court:TCA

Attorneys: 

LORI L. JESSEE and HERBERT M. BACON, BACON, JESSEE, PERKINS & SWANSON,
Morristown, for Plaintiff-Appellee.

RODNEY A. FIELDS, LEWIS, KING, KRIEG, WALDROP & CATRON, P.C.,
Knoxville, for Defendant-Appellant.
               
Judge: Franks

First Paragraph:

In this action for damages for breach of lease, the Trial Judge
awarded damages in the amount of $25,000.00 and defendant has
appealed. AFFIRMED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/oakeslan_opn.WP6


PRUETT ENTERPRISES, INC.
vs.
THE HARTFORD STEAM BOILER INSPECTION AND INSURANCE CO.

Court:TCA

Attorneys: 

For Appellant:                      For Appellee:
    
THOMAS CRUTCHFIELD                  MICHAEL A. KENT
Frazier, Crutchfield & Solomon      Cleary & Lockett, P.C.
Chattanooga, Tennessee              Chattanooga, Tennessee
                         
Judge: Susano

First Paragraph:

This non-jury case involves the interpretation of a commercial
insurance policy ("the policy") issued by The Hartford Steam Boiler
Inspection and Insurance Company (Hartford) to Pruett Enterprises,
Inc. (Pruett).  Pruett, the owner and operator of a chain of grocery
stores in Hamilton County, sued Hartford under the policy for
"spoilage losses to various perishable items [caused] when electrical
power to [two of Pruett's] grocery stores was interrupted as a result
of a heavy snow blizzard [on or about March 13, 1993]."  Each of the
parties filed a motion for summary judgment.  Based upon the parties'
stipulation of facts, the trial court granted Hartford partial summary
judgment, finding that the loss at 6925 Middle Valley Road, Hixson
("Middle Valley Store") was not covered by the policy.  As to the loss
at Pruett's store at 3936 Ringgold Road, East Ridge ("Ringgold Road
Store"), the trial court found a genuine issue of fact and denied
Hartford's motion. AFFIRMED IN PART REVERSED IN PART AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/pruetth_opn.WP6


LORETTA Z. SLIGER
vs.
BILLY J. STOKES, Commissioner
of the Tennessee Department of Employment

and     

COOPER INDUSTRIES, WAGNER LIGHTING DIVISION

Court:TCA

Attorneys:

MS. MARLA K. WILLIAMS, BPR. NO. 014167
Rural Legal Services of Tennessee
P.O. Box 637
Cookeville, Tennessee 38501
ATTORNEY FOR PLAINTIFF/APPELLEE

CATHERINE B. CASTLEMAN, BPR. No. 009758
Tenn. Dept. Of Employment Security
12th Floor, Volunteer Plaza
500 James Robertson Parkway
Nashville, TN 37245-0100
ATTORNEY FOR DEFENDANTS/APPELLANTS

JIM H. CAMP, BPR. No. 003029
P. O. Box  540
Sparta, TN 38583
ATTORNEY FOR DEFENDANTS/APPELLANTS                          

Judge:.TODD

First Paragraph:

This is an unemployment compensation case in which the petitioner
sought judicial relief from the denial of benefits by filing a
petition for certiorari as provided by TCA S 50-7 304(h).  The Trial
Judge reversed the denial of benefits and remanded to the Agency for
award of benefits.  The employer, Cooper Industries, Wagner Lighting
Division, has appealed and presented the following issue: Whether the
Trial Court erred in reversing the findings of the Administrative 
tribunal, there  being  substantial and material evidence  in  the 
record  to support the decision of the Board of Review. REVERSED,
VACATED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/sligerst_opn.WP6


RHONDA LEE SMITH (BALILES)  
vs.
HOME BENEFICIAL LIFE INSURANCE COMPANY

Court:TCA

Attorneys:                          

WILLIAM J. BROWN OF CLEVELAND FOR APPELLANT

MICHAEL E. CALLAWAY OF CLEVELAND FOR APPELLEE

CHARLES W. BURSON, Attorney General and Reporter, and
JOHN A. MOORE, Assistant Attorney General, NASHVILLE, FOR
LARRY WALLACE, Director of the TENNESSEE BUREAU OF INVESTIGATION

Judge: Goddard

First Paragraph:

This case is before us pursuant to the grant of two Rule 9
Interlocutory Appeals, one to Plaintiff Rhonda Lee Smith and the other
to Larry Wallace, in his official capacity as Director of the
Tennessee Bureau of Investigation. APPEAL DISMISSED IN PART; JUDGMENT
AFFIRMED IN PART, VACATED IN PART, and REMANDED.

URL:http://www.tba.org/tba_files/TCA/smithrl_opn.WP6


INA KATHERINE WARREN and 
husband, KARL STANLEY DAVIDSON
vs.
METROPOLITAN GOVERNMENT 
OF NASHVILLE AND DAVIDSON
COUNTY, TENNESSEE

AND 

THE METROPOLITAN NASHVILLE EDUCATION ASSOCIATION

Court:TCA

Attorneys: 

David Randolph Smith, Nashville, Tennessee
Joseph H. Johnson, Nashville, Tennessee
Attorneys for Plaintiffs/Appellants.

James L. Murphy, III, Director of Law, Nashville, Tennessee William
Michael Safley, Metropolitan Attorney, Nashville, Tennessee Attorneys
for Defendant/Appellee Metropolitan Government of Nashville and
Davidson County, Tennessee.

Judge: FARMER

First Paragraph:

This action stems from most unfortunate circumstances involving a
physical assault upon a teacher by a fifteen year old student
(hereinafter referred to as "Student").  The incident occurred on
December 4, 1989 when Appellant, Ina Katherine Warren, intervened in a
fight between two students, at West End Middle School, where she was
employed as a guidance counselor.  During her attempt to break up the
fight Student struck Warren in the face causing permanent head injury.
 Warren, as an employee of the Metropolitan Public School System,
filed suit against various defendants, including the appellee,
Metropolitan Government of Nashville and Davidson County (Metro),
alleging negligence, a violation of her civil rights, assault and
battery and a third party beneficiary claim for breach of contract. 
The trial court dismissed all theories of recovery as to Metro except
the claim for breach of contract.  Metro filed a motion for summary
judgment as to the remaining theory which was granted by the trial
court.  Appellants assert on appeal that the trial court's summary
disposition of their claim for breach of contract was error.  Upon
review of the record, we conclude that the trial court was correct in
its decision and affirm. AFFIRMED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/warrenik_opn.WP6


STATE OF TENNESSEE
vs.   
JAMES EARL GRAY

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:

GEORGE MORTON GOOGE                 CHARLES W. BURSON
District Public Defender            Attorney General & Reporter

STEPHEN P. SPRACHER                 SUSAN ROSEN
Assistant Public Defender           Assistant Attorney General
227 West Baltimore                  450 James Robertson Parkway 
Jackson, TN  38301                  Nashville, TN   37243-0493

                                    JERRY WOODALL
                                    District Attorney General
                        
                                    JAMES W. THOMPSON 
                                    Asst District Attorney General
                                    Lowell Thomas State Office Bldg
                                    Jackson, TN  38301                        

Judge: WOODALL

First Paragraph:

The Appellant appeals as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate procedure from the trial court's revocation of his
probation.  The Appellant argues that the trial court abused its
discretion by not considering the positive aspects of Appellant's
probation and the likelihood of Appellant's rehabilitation.  The
probation officer testified to numerous probation violations.  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.
AFFIRMED.

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


STATE OF TENNESSEE
vs.
THEODORE F. HOWARD

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

DANIEL FLATT                        CHARLES W. BURSON
Assistant Public Defender           Attorney General & Reporter
201 Poplar - Suite 2-01
Memphis, TN 38103

TONY BRAYTON                        CLINTON J. MORGAN
Assistant Public Defender           Assistant Attorney General
201 Poplar - Suite 2-01             450 James Robertson Parkway
Memphis, TN 38103                   Nashville,TN 37243-0493

                                    JOHN W. PIEROTTI
                                    District Attorney General

                                    DAVID HENRY
                                    Asst District Attorney General
                                    District Attorney General's Office
                                    201 Poplar Avenue, 3rd Floor
                                    Memphis, TN 38103                          

Judge: WOODALL

First Paragraph:

The appellant, Theodore F. Howard, appeals as of right pursuant to
Rule 3 of the Tennessee Rules of Appellate Procedure.  The Appellant
was convicted of aggravated burglary in the Shelby County Criminal
Court.  The Appellant was sentenced by the trial court to serve
fifteen (15) years as a Range III Career Offender.  The sole issue the
Appellant raises for appeal is whether the trial court erred in
failing to instruct the jury on the lesser offense of burglary.  We
affirm the judgment of the trial court. AFFIRMED.

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


STATE OF TENNESSEE
vs.
MATTHEW LYNN KING

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:

Dwayne D. Maddox, III               Charles W. Burson
Maddox, Maddox & Maddox             Attorney General & Reporter
105 East Main Street                500 Charlotte Avenue
Huntingdon, TN 38344                Nashville, TN 37243-0497

                                    Deborah A. Tullis
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    Clayburn L. Peeples
                                    District Attorney General
                                    109 East First Street
                                    Trenton, TN 38382-1841

                                    Gary G. Brown
                                    Asst District Attorney General
                                    109 East First Street
                                    Trenton, TN 38382-1841                        

Judge: Jones

First Paragraph:

The appellant, Matthew Lynn King, (defendant), was convicted of murder
in the second degree, a Class A felony, by a jury of his peers.  The
trial court found the defendant was a standard offender and imposed a
sentence consisting of confinement for fifteen (15) years in the
Department of Correction.  Two issues are presented for review.  The
defendant contends the evidence is insufficient, as a matter of law,
to support his conviction.  He further contends exculpatory evidence
was suppressed by the state.  After a thorough review of the record,
the briefs submitted by the parties, and the law which governs 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/KINGM_OPN.WP6


STATE OF TENNESSEE
vs.
TERRY LOGAN

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

TIMOTHY JOEL WILLIAMS               CHARLES W. BURSON
Attorney at Law                     Attorney General & Reporter
147 Jefferson Avenue, Suite 909
Memphis, TN  38103                  DEBORAH A. TULLIS
                                    Assistant Attorney General
                                    450 James Robertson Parkway 
                                    Nashville, TN   37243-0493

                                    ELIZABETH RICE
                                    District Attorney General
                        
                                    CHRISTOPHER MARSHBURN
                                    Asst District Attorney General
                                    302 Market Street
                                    Somerville, TN  38068                         

Judge: WOODALL

First Paragraph:

The Appellant, Terry Logan, pled guilty as charged in the Circuit
Court of Fayette County to the offense of second degree murder of the
victim, Michael Hood.  Following a sentencing hearing, the trial court
sentenced the Appellant to serve the presumptive sentence of twenty
(20) years in the Department of Corrections as a Range I Standard
Offender.  On appeal, the Appellant submits that the sentence is
excessive.  He argues three issues in his appeal: (1) That an
enhancement factor applied by the trial court does not apply to his
case; (2) that certain mitigating factors were not applied by the
trial court; and (3) that the presumption of correctness normally
afforded to sentencing by the trial court should not be applied in
this case.  Finding no error, we affirm the judgment of the trial
court. AFFIRMED.

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

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