TBALink Opinion-Flash

April 22, 1997 -- Volume #3 -- Number #044

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:
02-New Opinions From TSC
00-New Opinions From TSC-Rules
00-New Opinions From TSC-Workers Comp Panel
02-New Opinions From TCA
10-New Opinions From TCCA

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TERRY L. HICKS, JR. 
vs.
STATE OF TENNESSEE

Court:TSC

Attorneys:   

FOR THE APPELLANT:                  FOR THE APPELLEE:

GEORGE MORTON GOOGE                 JOHN KNOX WALKUP
26th District Public Defender       Attorney General and Reporter
                        
PAMELA J. DREWERY                   MICHAEL E. MOORE
Assistant Public Defender           Solicitor General
227 West Baltimore Street           
Jackson, Tennessee                  KAREN M. YACUZZO
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, Tennessee

                                    JAMES G. WOODALL
                                    District Attorney General

                                    DONALD H. ALLEN
                                    Asst District Attorney General
                                    P.O. Box 2825
                                    Jackson, Tennessee                       

Judge: BIRCH

First Paragraph:

Pursuant to a plea bargain agreement, Terry L. Hicks, the appellant,
entered a plea of guilty and was convicted of voluntary manslaughter,
a Class C felony.  The Range I punishment for this offense is three to
six years; for Range II offenders, it is six to fifteen years.  The
plea agreement provided for a "hybrid" sentence:  that is, Range II
incarceration (ten years) coupled with Range I release eligibility
(thirty percent).  The trial court accepted the plea agreement and
convicted Hicks of voluntary manslaughter.  Adhering to the terms of
the agreement, the trial court sentenced Hicks to the Department of
Correction for ten years as a Range I standard offender with a release
eligibility of thirty percent. AFFIRMED.

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

SHEILA I. LAWSON
vs.
LEAR SEATING CORPORATION    

Court:TSC

Attorneys: 

For Appellant:                      For Appellee:

ROBERT D. VAN DE VUURST             ROBERT C. EDWARDS
STEVEN H. TRENT                     Knoxville, TN
Johnson City, TN                         

Judge: BIRCH

First Paragraph:

In this case, the Special Workers' Compensation Appeals Panel
concluded that Sheila I. Lawson, the employee, failed to commence her
action for benefits within one year of the accident causing injury. 
After a thorough review of the record, we find that Lawson commenced
her action within the applicable period of limitations. DECISION OF
THE PANEL REVERSED; JUDGMENT OF THE TRIAL COURT AFFIRMED.

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

DEBBIE PROFFITT RAY 
vs.
DAVID ANTHONY RAY

Court:TCA

Attorneys:    

TOM McFARLAND OF KINGSTON and VIVIAN CRANDALL OF OAK RIDGE 
     FOR APPELLANT

ROBERT R. SIMPSON OF KNOXVILLE FOR APPELLEE
                      
Judge: Goddard

First Paragraph:

In this post-divorce proceeding, David Anthony Ray appeals the Knox
County Circuit Court's granting of Debbie Proffitt Ray's petition for
a modification of Mr. Ray's child support payments. AFFIRMED IN PART;
MODIFIED IN PART; and REMANDED.

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

ROY ROSE
vs.
TIPTON COUNTY PUBLIC WORKS
DEPARTMENT, JEFF HUFFMAN, 
COUNTY EXECUTIVE, CURRIE
ERWIN, JAMES HARKNESS,
JOHN McINTYRE, JAMES OSBURN,
SHELBY ROSE, HAROLD TWISDALE,
CLIFFORD WILSON

Court:TCA

Attorneys:  

Frank Deslauriers, Covington, Tennessee
Attorney for Plaintiff/Appellant.

James L. Holt, Jr.,
JACKSON, SHIELDS, YEISER & CANTRELL, Cordova, Tennessee
Duke H. Brasfield, Covington, Tennessee
Attorneys for Defendants/Appellees.                        

Judge: FARMER

First Paragraph:

In this action for breach of an employment contract, Plaintiff Roy
Rose appeals the trial court's order entering summary judgment in
favor of Defendants/Appellees Tipton County Public Works Department,
County Executive Jeff Huffman, and individual members of the Tipton
County Public Works Department Committee.  The trial court granted the
Defendants' motion for summary judgment based on the court's
conclusion that an employee handbook distributed by the Public Works
Department in 1982, and revised in 1988, did not constitute an
employment contract. We affirm. AFFIRMED AND REMANDED.

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

NORWOOD BRADY
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:

Johnny D. Houston, Jr.              John Knox Walkup
Attorney at Law                     Attorney General & Reporter
Suite 202, Flatiron Building     
707 Georgia Avenue                  Timothy F. Behan
Chattanooga, TN 37402               Assistant Attorney General
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    William H. Cox III  
                                    District Attorney General

                                    Leland Davis
                                    Asst District Attorney General
                                    600 Market Street, Suite 310
                                    Chattanooga, TN 37402                        

Judge: SUMMERS

First Paragraph:

The appellant, Norwood Brady, was indicted for first degree murder. He
pled guilty to the lesser offense of second degree murder.  He
received a fifty- year sentence. The appellant filed a petition for
post-conviction relief alleging that he received ineffective
assistance of counsel which resulted in an involuntary and unknowing
plea.  In his petition he claimed his trial counsel was ineffective
for failing to allow him to participate in his defense and for failing
to adequately explain the consequences of his guilty plea.  After a
hearing, the trial court dismissed the petition finding the
appellant's trial counsel effective and the appellant's plea knowing
and voluntary.  He appeals the dismissal of his petition.  Upon
review, we affirm.  AFFIRMED.

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

LESLEY BUFORD
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For Appellant:

Lesley Buford, Pro Se
South Central Correction Facility
P.O. Box 279
Clifton, TN  38425-0279

For Appellee:

Charles W. Burson
Attorney General & Reporter

Robin L. Harris
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN  37243-0493                         

Judge: WADE

First Paragraph:

The petitioner, Lesley Buford, 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 any answer having been filed by the state, without
the appointment of counsel, or without an evidentiary hearing. Because
the issues raised in the petition can be conclusively determined in
favor of the state, we affirm the judgment of the trial court.
AFFIRMED.

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

STATE OF TENNESSEE
vs.
RONALD JEFFERY DAVIS

Court:TCCA

Attorneys:    

For the Appellant:                  For the Appellee:

GALE K. FLANARY                     JOHN KNOX WALKUP
Asst. Public Defender               Attorney General and Reporter
P. O. Box 839   
Blountville, TN  37617              DARIAN B. TAYLOR
                                    Assistant Attorney General                          
                                    Criminal Justice Division
STEPHEN M. WALLACE                  450 James Robertson Parkway
Dist. Public Defender               Nashville, TN 37243-0493                
                        
                                    H. GREELEY WELLS, JR.
                                    District Attorney General

                                    NANCY S. HARR
                                    Asst. District Attorney General
                                    Blountville, TN  37617                      

Judge: Hayes

First Paragraph:

The appellant, Ronald Jeffery Davis, was convicted by a jury in the
Sullivan County Criminal Court of attempted first degree murder. 
Tenn. Code Ann. S 39-12-101 (1991); Tenn. Code Ann. S 39-13-202(a)(1)
(1994 Supp.).  On appeal, he challenges the trial court's admission at
trial of a tape-recorded message, the trial court's admission of
testimony concerning a prior altercation between the appellant and the
victim, and the sufficiency of the evidence supporting the jury's
verdict. Following a thorough review of the record, we affirm the
judgment of the trial court. AFFIRMED.

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

BILLY GROOMS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

Billy Grooms, Pro Se                John Knox Walkup
# 101022                            Attorney General of Tennessee
S.T.S.R.C.F.                            and             
Route 4, Box 600                    Eugene Honea
Pikeville, TN 37367-9243            Asst Attorney General of Tennessee                  
                                    450 James Robertson Parkway     
                                    Nashville, TN 37243-0493

                                    Alfred C. Schmutzer, Jr.
                                    District Attorney General
                                    301 Sevier County Courthouse
                                    Sevierville, TN 37862
                                        and
                                    James B. Dunn
                                    Asst District Attorney General
                                    339A East Main Street
                                    Newport, TN 37821                         

Judge: Tipton

First Paragraph:

The petitioner, Billy Grooms, appeals as of right from the Cocke
County Circuit Court's denial of his third petition for
post-conviction relief which he filed in September 1994.  He is
presently in the custody of the Department of Correction serving
concurrent life sentences resulting from his 1986 convictions on two
counts of first degree murder.  The convictions and sentences were
affirmed on appeal.  State v. Billy Grooms, No. 107, Cocke County
(Tenn. Crim. App. Mar. 26, 1986), app. denied (June 30, 1986).  The
petitioner contends (1) that his petition is not barred by the three
year statute of limitations then existing for post-conviction claims
and (2) that he may still raise constitutional violations that were
previously unknown to him at the time of his earlier post-conviction
litigation.  We disagree.  AFFIRMED.

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

THOMAS FRANKLIN MYNATT
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

Thomas Franklin Mynatt, pro se      John Knox Walkup
Route 4, Box 600                    Attorney General & Reporter 
Pikeville, TN 37367
                                    Michael J. Fahey, II    
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    Randall E. Nichols
                                    District Attorney General
                                    City-County Building
                                    Knoxville, TN 37902                        

Judge: SUMMERS

First Paragraph:

The appellant, Thomas Franklin Mynatt, appeals pro se from a judgment
entered by the Knox County Criminal Court.  The appellant's sole issue
on appeal is that the trial court committed plain error by not
indicating on the judgment the dates for which the appellant's
pretrial jail credit would apply.  He requests that this Court remand
this case to the trial court for a hearing. AFFIRMED.

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

ROBERT RAYFORD
vs.
ROBERT CONLEY, WARDEN

Court:TCCA

First Paragraph:

ORDER DENYING PETITION TO REHEAR:  Upon consideration of the petition
to rehear, the Court finds the same to be without merit. The petition
to rehear is respectfully DENIED.

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

STATE OF TENNESSEE
vs.
DANIEL EDWARD RIFFEY

Court:TCCA

Attorneys:   

For Appellant:                      For Appellee:

Leslie S. Hale                      Charles W. Burson
Assistant Public Defender           Attorney General & Reporter
P.O. Box 839        
Blountville, TN  37617              Sarah M. Branch
                                    Assistant Attorney General
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493
            
                                    Edward E. Wilson
                                    Asst. District Attorney General
                                    P.O. Box 526
                                    Blountville, TN  37617                       

Judge: WADE

First Paragraph:

The defendant, Daniel Edward Riffey, pled guilty to seven counts of
forgery.  See Tenn. Code Ann. S 39-14-114.  After classifying the
defendant as a Career Offender, the trial court imposed a sentence of
six years for each count, all to be served concurrently to each other
but consecutively to a prior ten-year sentence.  The sole issue on
appeal is whether the trial court erred by denying probation.  We find
no error and affirm the judgment of the trial court. AFFIRMED.

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

STATE OF TENNESSEE
vs.
LARRY GENE ROGERS

Court:TCCA

Attorneys:    

For the Appellant:                  For the Appellee:

William C. Killian                  John Knox Walkup
Number One Oak Avenue               Attorney General of Tennessee
Jasper, TN 37347                        and             
                                    Michael J. Fahey, II
                                    Asst Attorney General of Tennessee                  
                                    450 James Robertson Parkway     
                                    Nashville, TN 37243-0493

                                    William H. Cox, III
                                    District Attorney General
                                        and
                                    David W. Denney
                                    Asst District Attorney General
                                    600 Market Street, Suite 310
                                    City-County Bldg.
                                    Chattanooga, TN 37402                      

Judge: Tipton

First Paragraph:

The defendant, Larry Gene Rogers, was convicted upon his guilty pleas
in the Hamilton County Criminal Court of one count of theft of
property valued over ten thousand dollars, a Class C felony, and two
counts of theft of property valued over one thousand dollars, a Class
D felony.  Pursuant to a plea bargain, he received three three-year
sentences with the Class D felonies to be served concurrently, but
consecutively to the Class C felony.  The trial court ordered that the
defendant serve eleven months, twenty-nine days in confinement, then
be placed on unsupervised probation for the remainder of the six-year
effective sentence.  The defendant appeals as of right regarding his
confinement, contending that the trial court erred (1) in considering
a statutory enhancement factor relative to the issue of confinement,
see T.C.A. S40-35-114(1), (2) in not affording the defendant the
statutory presumption in favor of alternative sentencing, see T.C.A.
S40-35-102(6), and (3) in concluding that the confinement was
necessary to avoid depreciating the seriousness of the offenses. See
T.C.A. S40-35-103(1)(B).  We affirm the trial court.  AFFIRMED.

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

DONNIE RAY SEALS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:   

FOR THE APPELLANT:                  FOR THE APPELLEE:

William A. Zierer                   John Knox Walkup
Attorney at Law                     Attorney General & Reporter 
124 W. Main Street
P.O. Box 1276                       Robin L. Harris
Morristown, TN 37816-1276           Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    C. Berkeley Bell, Jr.
                                    District Attorney General

                                    Victor J. Vaughn
                                    Asst District Attorney General
                                    109 S. Main Street, Suite 501
                                    Greeneville, TN 37743                       

Judge: SUMMERS

First Paragraph:

The appellant, Donnie Ray Seals, pled guilty to one count of second
degree murder and three counts of aggravated assault.  He was
sentenced to fifteen years for second degree murder and three years
for each aggravated assault conviction at 30% as a standard offender. 
The sentences were ordered to run concurrently.  The appellant filed a
pro se petition for post-conviction relief alleging ineffective
assistance of counsel, and counsel was appointed for the appellant's
post-conviction hearing.  The hearing court denied relief.  The
appellant appeals this denial. We affirm. AFFIRMED.

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

STATE OF TENNESSEE
vs.
MICHAEL STAMM

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

NATALEE STAATS HURLEY               CHARLES W. BURSON
Asst. District Public Defender      Attorney General & Reporter
419 High Street
Maryville, TN  37804                LISA A. NAYLOR
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493

                                    MICHAEL L. FLYNN
                                    District Attorney General

                                    PHILIP MORTON
                                    Asst. District Attorney General
                                    Blount County Courthouse
                                    Maryville, TN  37801                         

Judge: WITT 

First Paragraph:

Appellant, Michael Stamm, appeals the sentence imposed by the Circuit
Court of Blount County following his guilty plea to sale of cocaine, a
Class B felony.  The court imposed a ten year sentence on appellant, a
Range I offender, to be served in custody of the Tennessee Department
of Corrections.  In imposing this sentence, the court relied on
appellant's criminal history as an enhancing factor and the lack of a
violent act and appellant's voluntary submission to drug
rehabilitation following his apprehension as mitigating factors.  In
this direct appeal, appellant contends the trial court erred in
sentencing him to serve time in custody of the Department of
Corrections, rather than ordering an alternative sentence in the
Community Corrections Program.  On review of the record before us, we
affirm the sentence imposed by the trial court. AFFIRMED.

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

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