TBALink Opinion-Flash

May 1, 1997 -- Volume #3 -- Number #049

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: 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

There are three ways to get the full opinion from the Web: (TBALink members only)

Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text version of the opinion.
*NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original WP 6.0 document. version of the opinion.
Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.

George Dean
TBALink Chief Editor


STATE OF TENNESSEE
vs.
LISA D. CASLIN

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

DONNA R. MILLER                     JOHN KNOX WALKUP
Asst. Public Defender               Attorney General & Reporter
701 Cherry St.
Suite 300                           SANDY R. COPOUS 
Chattanooga, TN  37402              Asst. Attorney General
                                    450 James Robertson Pkwy.
                                    Nashville, TN  37243-0493

                                    GARY D. GERBITZ
                                    District Attorney General

                                    YOLANDA MITCHELL
                                    Asst. District Attorney General
                                    City-County Courts Bldg.
                                    Chattanooga, TN  37402                           

Judge: PEAY

First Paragraph:

The defendant was indicted on September 14, 1994, for the first-degree
murder of Christopher Robinson.  She pled guilty to voluntary
manslaughter, a Class C felony,  on October 9, 1995.  After a
sentencing hearing, the trial court sentenced her as a Range I
standard offender to four years in the Tennessee Department of
Correction.  In this appeal as of right, the defendant asserts that
the trial court erred by not sentencing her to the minimum sentence
and by not granting her probation or alternative sentencing.  After a
review of the record, we find no error and affirm the judgment of the
court below. AFFIRMED.

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


RICKY W. MCELHANEY
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:    

FOR THE APPELLANT:                  FOR THE APPELLEE:

RICKY W. MCELHANEY, pro se          JOHN KNOX WALKUP
MCRCF                               Attorney General & Reporter
Wartburg TN   37887
                                    TIMOTHY F. BEHAN
                                    Asst. Attorney General
                                    450 James Robertson Pkwy.
                                    Nashville, TN  37243-0493
                
                                    WILLIAM H. COX III
                                    District Attorney General                      

Judge: PEAY

First Paragraph:

On December 14, 1995, the petitioner filed his "Application for Post
Conviction Relief Amended Petition" in Hamilton County, Tennessee.  In
this petition, he attacks a 1979 conviction rendered in Davidson
County, Tennessee.  The court below entered a preliminary order of
dismissal on the grounds that the petition was filed in the wrong
county.  The petitioner appeals therefrom. AFFIRMED.

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


PAUL R. MORRIS
vs. 
STATE OF TENNESSEE  

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

DAVID B. HILL                       JOHN KNOX WALKUP
301 E. Broadway                     Attorney General and Reporter
Newport, TN 37821
                                    JANIS L. TURNER
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493
                         
                                    C. BERKELEY BELL, JR.
                                    District Attorney General
                                    109 S. Main Street   
                                    Suite 501                          
                                    Greeneville, TN 37743                         

Judge: CLARK

First Paragraph:

In January 1967, appellant pled guilty in Greene County to the
offenses of burglary and grand larceny.  He was sentenced to three
years on each count.  The sentences were ordered to run concurrently
to one another.  No appeal was taken.  On June 12, 1990, in the United
States District Court for the Eastern District of Tennessee, the
appellant was convicted by a jury of (1) using a federal
communications device in the attempt to possess and distribute a
Schedule II controlled substance (cocaine hydrochloride) in violation
of Title 21, U.S.C. S846; (2) possession of a Schedule II controlled
substance (cocaine hydrochloride) in violation of Title 21, U.S.C.
SS841(a)(1), 841(b)(1)(B), and 846; and (3) possession of a firearm
after having been convicted of a felony offense punishable by a term
of one or more years imprisonment in violation of Title 18, U.S.C.
S922(b)(1).  The petitioner was sentenced to an effective sentence of
one hundred eighty (180) months for the various federal offenses.  The
sentences were enhanced because of the 1967 Greene County convictions.
AFFIRMED.

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


JIMMY WAYNE WILSON
vs. 
STATE OF TENNESSEE

Court:TCCA

Attorneys:   

FOR THE APPELLANT:                  FOR THE APPELLEE:

JIMMY WAYNE WILSON                  JOHN KNOX WALKUP
Pro Se                              Attorney General and Reporter
Post Office Box 5000
Mountain City, TN 37683             WILLIAM DAVID BRIDGERS
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493
                         
                                    H. GREELEY WELLS, JR.
                                    District Attorney General

                                    JOSEPH EUGENE PERRIN
                                    Asst District Attorney General
                                    Post Office Box 526
                                    Blountville, TN 37617                       

Judge: CLARK

First Paragraph:

Appellant appeals the dismissal of his petition for post-conviction
relief based on the running of the statute of limitations and raises
two issues for review:  (1) whether the three-year statute of
limitations has been tolled under Burford v. State based on the recent
establishment of a new constitutional right and (2) whether Judge
Arden L. Hill was authorized to preside over the evidentiary hearing
and to dismiss the petition.  We affirm the judgment of the trial
court. AFFIRMED.

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

Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/

Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank

Non TBA members are WELCOME to subscribe...it's free!!

Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank