TBALink Opinion-Flash

June 5, 1997 -- Volume #3 -- Number #058

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
03-New Opinions From TSC-Workers Comp Panel
05-New Opinions From TCA
20-New Opinions From TCCA

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George Dean
TBALink Chief Editor


VERNON HARRIS
vs.
BURLINGTON INDUSTRIES, INC.

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellant:                  For the Appellee:
Shannon D. Faulkner, III            J. Eddie Lauderback
Gilbert & Faulkner                  Herndon, Coleman, Brading & McKee
Suite 625                           104 E. Main Street
625 Gay Street                      P. O. Box 1160
Knoxville, TN 37902                 Johnson City, TN 37605-1160                         

Judge: INMAN

First Paragraph:

The appellant recognizes the established rule in this State that a
second injury is not compensable unless there is evidence of an
anatomical change, Cunningham v. Goodyear, 841 S.W.2d 888 (Tenn.
1991), but insists the rule should not have been applied in this case.
AFFIRMED.

URL:http://www.tba.org/tba_files/TSC_WCP/HARRIS_OPN.WP6
Opinion-Flash

WALTER L. LOWE
vs.
JEFFERSON CITY ZINC
and
DINA TOBIN, DIRECTOR OF THE
SECOND INJURY FUND

Court:TSC - Workers Comp Panel

Attorneys:    

For the Appellant:                  For the Appellees:
Daniel H. Rader III                 David H. Dunaway
P.O. Box 3347                       P.O. Box 231
Cookeville, TN  38502               LaFollette, TN  37766

A. Benjamin Strand                  Sandra E. Keith
P.O. Box 219                        1510 Parkway Towers
Dandridge, TN  37725                404 James Robertson Parkway
                                    Nashville, TN  37243-0499                      

Judge: THAYER

First Paragraph:

This appeal has been perfected by the employer, Jefferson City Zinc,
later identified by stipulation as Savage, Inc., from a ruling by the
trial court that the employee, Walter P. Lowe, was totally and
permanently disabled as a result of a work-related accident which
occurred on October 22, 1992. AFFIRMED.

URL:http://www.tba.org/tba_files/TSC_WCP/LOWE_OPN.WP6
Opinion-Flash

VIRGIL RAINEY
vs.
OAK RIDGE SCHOOLS
and
DINA TOBIN, DIRECTOR, DIVISION 
OF WORKERS' COMPENSATION,
TENNESSEE DEPARTMENT OF 
LABOR, SECOND INJURY FUND

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellant:          For the Appellee--      For the Appellee--
                            Second Injury Fund:     Oak Ridge Schools

Bruce D. Fox                John Knox Walkup        Pamela L. Reeves
Ridenour, Ridenour & Fox    Attorney General        P.O. Box 131
108 S. Main Street                                  Knoxville 37717
P. O. Box 530               Dianne Stamey Dycus
Clinton, TN 37717-0530      Senior Counsel
                            Civil Division
                            1510 Parkway Towers
                            404 James Robertson Pkwy
                            Nashville, TN 37243-0499                         

Judge: INMAN

First Paragraph:

The plaintiff alleged that on February 15, 1994, during the course of
his employment as a janitor, he suffered a lumbar strain while lifting
a trash barrel which resulted in permanent, partial disability.
AFFIRMED.

URL:http://www.tba.org/tba_files/TSC_WCP/RAINEY_OPN.WP6
Opinion-Flash

EDWARD J. EYRING, M.D.
vs.
FORT SANDERS PARKWEST MEDICAL   
CENTER, INC., and FORT SANDERS 
ALLIANCE, INC.

Court:TCA

Attorneys:

JOHN K. KING and ALAN PARKER, Lewis, King, Krieg, Waldrop and Catron,
Knoxville   for Appellant.

FOSTER D. ARNETT and RICK POWERS, Arnett, Draper and Hagood,
Knoxville, for Appellees.

Judge: McMurray

First Paragraph:

We are primarily called upon in this appeal to decide whether the
Tennessee Peer Review Law of 1967 (T.C.A. S 63-6-219) (the Law) grants
immunity to hospitals for actions taken against physicians upon
recommendations of peer review boards or committees.  For reasons
hereinafter stated, we believe that the law was intended to, and does,
grant hospitals such immunity.  We affirm the judgment of the trial
court. AFFIRMED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/EYRING2_OPN.WP6
Opinion-Flash

CHRISTOPHER BRIAN MINNICH
vs.
NANCY GRAVES ROBERSON

Court:TCA

Attorneys:                          

JEAN MUNROE and LAURA RULE HENDRICKS, Knoxville, for Appellant.

SCHARLETT A. BEATY, Knoxville, for Appellee

Judge: McMurray

First Paragraph:

This is an appeal from the judgment of the trial court granting joint
custody of the parties' minor children to the parties, with the
husband having primary residential custody.  For reasons hereinafter
stated, we affirm the judgment of the trial court. AFFIRMED AND
REMANDED.

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

LINDA MOORE
vs.
DAVID TATE and TATE AUTO
REPAIRS, INC.

Court:TCA

Attorneys: 

For Appellant:                      For Appellees:

LINDA MOORE, Pro Se                 DAVID S. CLARK
Harriman, Tennessee                 David S. Clark & Associates
                                    Oak Ridge, Tennessee
                         

Judge: Susano

First Paragraph:

This case originated in the Anderson County General Sessions Court. 
That court found adverse to the plaintiff Linda Moore, and she
appealed to the Circuit Court (hereafter referred to as "the trial
court").  The trial court dismissed Ms. Moore's appeal with prejudice,
finding that she was not present when her case was called for trial.
AFFIRMED AND REMANDED.

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

NATIONSBANK OF TENNESSEE
vs.
JDRC CORPORATION, a/k/a JDRC    
DEVELOPMENT CORPORATION and 
BERNARD ARMSTRONG

Court:TCA

Attorneys:   

For Appellants:                     For Appellee:

DAVID L. BACON                      DEAN B. FARMER
Knoxville, Tennessee                W. TYLER CHASTAIN
                                    Hodges, Doughty & Carson, PLLC
                                    Knoxville, Tennessee                       

Judge: Susano

First Paragraph:

NationsBank of Tennessee ("the Bank") sued the defendants JDRC
Corporation (JDRC) and Bernard Armstrong (Armstrong) to recover on two
notes executed by JDRC and personally guaranteed by Armstrong, JDRC's
president.  JDRC and Armstrong filed a counterclaim for damages
alleging that the Bank had "breach[ed]... the financing agreement
between the parties and... the implied obligation of good faith." The
trial court granted the Bank summary judgment on its original
complaint.  The issue of liability having been found adverse to the
defendants, the parties agreed that the amount due on the notes was
$1,000,000.  The trial court also found that the Bank was entitled to
summary judgment on the counterclaim, and accordingly dismissed that
action.  JDRC and Armstrong appealed the dismissal of their
counterclaim.  The only issue before us is whether there are disputed
facts that render summary judgment on the counterclaim inappropriate.
VACATED AND REMANDED.

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

IN RE: ESTATE OF CARL PARROTT
WANDA P. PATTERSON, 
CO-EXECUTOR
vs.
JERRY K. GALYON,  
CO-EXECUTOR

Court:TCA

Attorneys:

RONALD L. GRIMM, Ambrose, Wilson, Grimm and Durand, Knoxville, for
appellants, Wanda P. Paterson, Bonnie Shipman, Floyd Parrot, W. E.
Parrott and Roy Parrott.

STEVEN E. MARSHALL, Marshall and Delius, Sevierville, for Jerry K.
Galyon, co-executor.


NORMA McGEE OGLE, Ogle, Wynn & Rader, Sevierville, for Betty Jean
Latham.

Judge: McMurray

First Paragraph:

This is a declaratory action wherein the parties seek to have a
portion of the will of Carl Parrott, deceased, construed by the court.
 Carl Parrott died testate on February 20, 1990.  His Last Will and
Testament was executed on January 3, 1983, and named his attorney,
Jerry K. Galyon, and his daughter, Wanda Parrott Patterson,
co-executors. AFFIRMED AND REMANDED.

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

STATE OF TENNESSEE
vs.
GORDON SCOTT ALDRIDGE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:

WILLIAM H. BELL                     JOHN KNOX WALKUP 
114 South Main Street               Attorney General & Reporter
Greeneville, TN  37743
                                    TIMOTHY F. BEHAN 
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493

                                    C. BERKELEY BELL 
                                    District Attorney General

                                    CECIL C. MILLS, JR.
                                    Asst District Attorney General
                                    113 West Church Street 
                                    Greeneville, TN  37743                         

Judge: WOODALL

First Paragraph:

The Defendant, Gordon Scott Aldridge, appeals as of right pursuant to
Rule 3 of the Tennessee Rules of Appellate Procedure.  Following a
jury verdict, he was found guilty of driving under the influence of an
intoxicant.  The offense occurred in February 1995.  In addition to
challenging the sufficiency of the evidence in this appeal, the
Defendant argues in three (3) separate issues that the trial court
erred in admitting the results of his blood alcohol test because (1)
the Defendant was not competent to execute the implied consent form
allowing the blood alcohol test; (2) the Defendant was not able to
have an independent analysis of his blood alcohol content; and (3) the
vial used to contain the blood alcohol sample was not tamper proof. 
Finding no merit to any of Defendant's issues, we affirm the judgment
of the trial court. AFFIRMED.

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

RONALD L. COX
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:

RONALD COX                          CHARLES W. BURSON
Pro Se                              Attorney General and Reporter
Unit 3B/Route 1
T.C.I.P                             CLINTON J. MORGAN
Only, TN  37140                     Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243

                                    WILLIAM L. GIBBONS
                                    District Attorney General
        
                                    ROBERT CARTER
                                    Assistant District Attorney
                                    201 Poplar Avenue
                                    Memphis, TN  38103                        

Judge: SMITH

First Paragraph:

Appellant Ronald L. Cox appeals from the trial court's dismissal of
his pro se petition for the writ of habeas corpus.  In May 1995,
Appellant filed a petition for the writ of habeas corpus alleging that
in October 1989 he entered into a plea agreement with the State
whereby he pled guilty to two counts of robbery, one count of
aggravated robbery, and one count of aggravated assault in exchange
for an effective sentence of ten years, Range 1, at thirty percent. 
AFFIRMED.

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

STATE OF TENNESSEE
vs.
TERRENCE L. DAVIS

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:

LESLIE I. BALLIN                    JOHN KNOX WALKUP 
Attorney at Law                     Attorney General & Reporter

MARK A. MESLER                      WILLIAM DAVID BRIDGERS
Attorney at Law                     Assistant Attorney General
Ballin, Ballin & Fishman, P.C.      450 James Robertson Parkway
200 Jefferson Avenue                Nashville, TN  37243-0493
Suite 1250
Memphis, TN  38103                  JOHN W. PIEROTTI 
                                    District Attorney General

                                    THOMAS D. HENDERSON
                                    Asst District Attorney General

                                    JENNIFER NICHOLS
                                    Asst District Attorney General
                                    201 Poplar Avenue, Suite 301
                                    Memphis, TN  38103-1947                        

Judge: WOODALL

First Paragraph:

The Defendant, Terrence Davis, appeals as of right pursuant to Rule 3
of the Tennessee Rules of Appellate Procedure.  He was convicted by a
jury of first degree murder in the Shelby County Criminal Court, and
sentenced to life imprisonment.  In addition to challenging the
sufficiency of the evidence, Defendant argues that the trial court
committed reversible error by: (1) refusing to suppress the statement
given by Defendant on November 8, 1993; (2) refusing to permit
Defendant to introduce into evidence a letter written by the victim's
mother; (3) allowing certain photographs of the victim to be admitted
into evidence; (4) allowing opinion testimony of a non-expert witness
regarding discipline to be admitted into evidence; (5) requiring
Defendant to provide to the State an investigative report prepared by
a defense witness; and (6) administering the oath to the grand jury
foreperson in the jury's presence during the trial.  We affirm the
judgment of the trial court. AFFIRMED.

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

STATE OF TENNESSEE
vs.
TERRY ALLEN DOMINY

WITH DISSENTING OPINION


Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

Shara A. Flacy                      Charles W. Burson
District Public Defender            Attorney General & Reporter 

William C. Bright                   Michael E. Moore
Assistant Public Defender           Solicitor General
P.O. Box 1208
Pulaski, TN 38478                   Gordon W. Smith
                                    Associate Solicitor General
                                    500 Charlotte Avenue
                                    Nashville, TN 37243-0497

                                    T. Michael Bottoms
                                    District Attorney General
                                    P.O. Box 459
                                    Lawrenceburg, TN 38464
    
                                    Stella L. Hargrove and
                                    James G. White II
                                    Asst District Attorneys General
                                    Maury County Courthouse Annex
                                    Columbia, TN 38401                          

Judge: SUMMERS

First Paragraph:

A jury convicted the appellant, Terry Allen Dominy, of three counts of
aggravated rape.  He was sentenced to twenty-five years on each count.
The sentences were ordered to run consecutively.  He raises seventeen
issues on appeal.  Upon review, we reverse and remand for substitution
of three spousal rape convictions and sentencing. REVERSED AND
REMANDED FOR SENTENCING.

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

STATE OF TENNESSEE
vs.
MICHAEL D. FRAZIER

Court:TCCA

Attorneys:  

FOR THE APPELLANT:          		FOR THE APPELLEE:

GREGORY P. ISAACS                   JOHN KNOX WALKUP
1 Centre Square                     Attorney General and Reporter
Second Floor                
Knoxville, TN 37902                 TIMOTHY F. BEHAN
                                    Assistant Attorney General
RONALD A. RAYSON                    450 James Robertson Parkway
1 Centre Square                     Nashville, TN 37243-0493
Second Floor                
Knoxville, TN 37902                 RANDALL E. NICHOLS
                                    District Attorney General

                                    WILLIAM H. CRABTREE
                                    Assistant District Attorney
                                    City-County Building
                                    Knoxville, TN 37902

                                    SALLY JO HELM
                                    Assistant District Attorney
                                    City-County Building 
                                                       

Judge: WITT

First Paragraph:

The appellant, Michael Frazier, appeals from the sentencing judgment
of the Criminal Court of Knox County.  He was tried for attempt to
commit murder in the first degree and was convicted of attempt to
commit  voluntary manslaughter, a Class D felony.  The appellant
received a sentence of four years as a standard (Range I) offender. 
On appeal the following issues are raised: (1) sentencing at the
maximum time within the range and (2) the denial of probation.
AFFIRMED.

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

MARK STEVEN GRIMSLEY
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

JERRY H. SUMMERS                    JOHN KNOX WALKUP
Summers & Wyatt, P.C.               Attorney General and Reporter
500 Lindsay Street
Chattanooga, TN 37402               MICHAEL J. FAHEY, II
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                         
                                    WILLIAM H. COX, III
                                    District Attorney General
                        
                                    THOMAS J. EVANS
                                    Asst District Attorney General
                                    600 Market Street, Suite 310
                                    Chattanooga, TN 37402

                                    LEROY PHILLIPS
                                    Special Prosecutor
                                    312 Vine Street
                                    Chattanooga, TN 37402                         

Judge: CLARK

First Paragraph:

Defendant appeals as of right from the trial court's denial of
probation after his plea of guilty to two counts of solicitation to
commit second degree murder.  He raises five issues for consideration.
 We affirm the judgment of the trial court. AFFIRMED.

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

SHERMAN A. HENDERSON
vs.
BILLY COMPTON, WARDEN

Court:TCCA

First Paragraph:

This matter is before the Court upon the state's motion to dismiss the
above-captioned appeal.  The petitioner filed a petition for writ of
habeas corpus in the trial court claiming that his sentence should be
recalculated due to the denial of certain sentencing credits.  It
appears the petitioner was originally convicted of first degree murder
and sentenced to life imprisonment in January, 1980.  The trial court
denied the petition.  The petitioner timely filed notice of appeal,
and both the record and petitioner's brief have already been filed
with this Court.

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

STATE OF TENNESSEE
vs.
MICHAEL WAYNE HENRY

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

C. MICHAEL ROBBINS                  JOHN KNOX WALKUP        
202 S. Maple, Suite C               Attorney General & Reporter
Covington, TN 38019         
(Appellate Counsel)                 KENNETH W. RUCKER
                                    Assistant Attorney General
JOSEPH P. ATNIP                     Criminal Justice Division
District Public Defender            450 James Robertson Parkway
JAMES D. KENDALL                    Nashville, TN 37243-0493    
Assistant Public Defender 
P.O. Box 734                        THOMAS A. THOMAS
Dresden, TN 38225                   District Attorney General
(Trial Counsel)                     HEARD B. CRITCHLOW
                                    Asst. District Attorney General
                                    JAMES T. CANNON
                                    Asst. District Attorney General
                                    414 So. Fourth
                                    P.O. Box 218
                                    Union City, TN 38261-0218                         

Judge: WITT

First Paragraph:

The defendant , Michael Wayne Henry, was convicted in a jury trial in
the Obion County Criminal Court of the sale of more than .5 grams of
cocaine, a Class B felony, and of a second sale of less than .5 grams
of cocaine, a Class C felony.   For the Class B felony, he received a
nine- year sentence as a standard, Range I offender and a fine of
$1,000.  For the Class C felony, he received a concurrent seven-year
sentence as a Range II offender.  In this direct appeal,  the
defendant challenges the sufficiency of the evidence and contends that
his sentences are excessive. AFFIRMED.

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

WILLIAM JONES
vs.
JACK MORGAN, Warden,    
Nashville Community Service  
Center, DONAL CAMPBELL,  
Corrections Commissioner, and   
the TENNESSEE DEPARTMENT 
OF CORRECTION

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

William Jones, Pro Se               John Knox Walkup
No. 85426                           Attorney General of Tennessee
NCSC 7466 Centennial Blvd.              and             
Nashville, TN 37209-1052            Patricia C. Kussmann
                                    Asst Attorney General of Tennessee                  
                                    450 James Robertson Parkway     
                                    Nashville, TN 37243-0493

                                    Victor S. Johnson, III
                                    District Attorney General
                                    Washington Square
                                    222 2nd Avenue North
                                    Nashville, TN 37201-1649                         

Judge: Tipton

First Paragraph:

The petitioner, William Jones, appeals as of right from the dismissal
of his petition for habeas corpus relief by the Davidson County
Circuit Court for failure to state grounds justifying the issuance of
a writ of habeas corpus.  The petitioner is in the custody of the
Department of Correction serving an effective sentence of sixty-two
years for his 1977 convictions of second degree murder and armed
robbery.  On appeal, the petitioner contends that his sentence has
been served, given the sentencing credits to which he claims
entitlement.  AFFIRMED.

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

STATE OF TENNESSEE
vs.
DONALD C. LEE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:

Leslie M. Jeffress                  Charles W. Burson
Attorney at Law                     Attorney General & Reporter 
1776 Riverview Tower
900 S. Gay Street                   Michael J. Fahey, II
Knoxville, TN 37902                 Assistant Attorney General
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    Randall E. Nichols
                                    District Attorney General
    
                                    Gregory H. Harrison
                                    Asst District Attorney General
                                    City-County Building
                                    400 Main Street, P.O. Box 1468
                                    Knoxville, TN 37901-1468                        

Judge: SUMMERS

First Paragraph:

The appellant, Donald C. Lee, was convicted by a jury of felony
murder, robbery, reckless endangerment, aggravated assault, and
vehicular homicide.  He was sentenced to life for the felony murder
conviction.  This sentence was ordered to run consecutively to the 37
years he received on the other convictions. AFFIRMED.

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

STATE OF TENNESSEE
vs.
MARY ANN LINDER

Court:TCCA

Attorneys:   

FOR THE APPELLANT:                  FOR THE APPELLEE:

JOHN H. HENDERSON                   CHARLES W. BURSON
District Public Defender            Attorney General & Reporter

C. DIANE CROSIER                    RUTH A. THOMPSON
Assistant Public Defender           Assistant Attorney General
P.O. Box 68                         450 James Robertson Parkway
Franklin, Tennessee 37065-0068      Nashville, Tennessee 37243 0493

                                    JOSEPH D. BAUGH
                                    District Attorney General
    
                                    MARK PURYEAR
                                    Asst District Attorney General
                                    P.O. Box 937
                                    Franklin, Tennessee 37065 0937                       

Judge: RILEY

First Paragraph:

Mary Ann Linder appeals as of right from a conviction of theft of
property under $500, a Class A misdemeanor.  She pled guilty to the
offense and was sentenced to ten (10) months in the Williamson County
jail.  The sentence was ordered to run consecutively to a seven (7)
year sentence for an earlier offense of theft over $1,000.  The sole
issue presented for review is whether the imposed sentence is
excessive.  We affirm the judgment of the trial court pursuant to Rule
20, Rules of the Tennessee Court of Criminal Appeals. AFFIRMED.

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

STATE OF TENNESSEE  
vs.
DEREK MANNS 

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:

Frank Deslauriers                   Charles W. Burson
Attorney at Law                     Attorney General
P. O. Box 1156          
Covington, TN 38019                 Rebecca L. Gundt
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    Larry Hardister
                                    District Attorney General
                                    109 E. First Street
                                    Trenton, TN 38382                        

Judge: SCOTT

First Paragraph:

This is an appeal of a certified question of law pursuant to Tenn. R.
App. P. 37 (b)(2)(i).  AFFIRMED.

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

STATE OF TENNESSEE
vs.
BASIL MATHIS

Court:TCCA

Attorneys: 

For the Appellant:                      For the Appellee:

Clifford K. McGown, Jr. (trial only)    John Knox Walkup
113 North Court Square                  Attorney General and Reporter
Waverly, TN 37185                       and
    and                                 Daryl J. Brand
Jim Sowell (appeal only)                Assistant Attorney General
118 North Main Street                   450 James Robertson Parkway
Dickson, TN 37055                       Nashville, TN 37243-0493

                                        Dan Mitchum Alsobrooks
                                        District Attorney General
                                        and
                                        George C. Sexton
                                        Asst District Attorney General
                                        Second Floor
                                        Humphreys County Courthouse
                                        Waverly, TN 37185                         

Judge: Tipton

First Paragraph:

Defendant, Basil Mathis, was convicted by a jury in the Houston County
Circuit Court of attempted first degree murder, a Class A felony, and
sentenced to twenty (20) years in the Tennessee Department of
Correction. AFFIRMED.

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

STATE OF TENNESSEE
vs.
JASON MORIN

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

TIMOTHY JOEL WILLIAMS               JOHN KNOX WALKUP 
147 Jefferson Avenue, Suite 909     Attorney General & Reporter
Memphis, TN  38103
                                    S. SCOTT JACKSON 
                                    Assistant Attorney General
                                    500 Charlotte Avenue 
                                    Nashville, TN  37243-0491

                                    JOHN W. PIEROTTI 
                                    District Attorney General

                                    JUDSON W. PHILLIPS
                                    Asst District Attorney General
                                    201 Poplar Avenue, 3rd Floor
                                    Memphis, TN  38103                          

Judge: WOODALL

First Paragraph:

The Defendant appeals as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure.  He was convicted of two counts of
aggravated assault and one count of reckless endangerment following a
jury trial in Shelby County Criminal Court.  The Defendant was
sentenced to six (6) years on one aggravated assault charge and four
(4) years on the other aggravated assault charge to be served
concurrently.  The Defendant was sentenced to two (2) years on the
reckless endangerment charge to run consecutively to the aggravated
assault sentences. He argues three issues in this appeal: (1) Whether
the trial court erred in disallowing cross examination concerning the
police pursuit policy; (2) whether the trial court erred in
instructing the jury that it could convict the Defendant on both
counts of the aggravated assault based upon one single transaction;
and (3) whether the trial court erred in sentencing the Defendant to
consecutive sentences.  As modified, we affirm the judgment of the
trial court. AFFIRMED AS MODIFIED.

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

STATE OF TENNESSEE
vs.
JOE NATHAN NICHOLS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

LLOYD R. TATUM                      JOHN KNOX WALKUP 
Attorney at Law                     Attorney General & Reporter
124 East Main Street
P.O. Box 293                        ELLEN H. POLLACK 
Henderson, TN  38340                Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493

                                    ELIZABETH T. RICE 
                                    District Attorney General

                                    ED NEAL McDANIEL
                                    Asst District Attorney General
                                    300 Industrial Park Drive
                                    P.O. Box 473
                                    Selmer, TN  38375                          

Judge: WOODALL

First Paragraph:

The Defendant appeals as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure.  The Defendant was convicted by a jury
of Delivery of Schedule II Drugs, cocaine, less than 0.5 grams in the
Circuit Court of McNairy County.  He was sentenced to three years and
six months as a Range I Standard Offender.  The Defendant argues two
issues in his appeal.  The first issue is whether the Defendant's
conviction is barred by the Double Jeopardy provisions of the United
States and Tennessee Constitutions.  His second issue is whether the
evidence was sufficient to support his conviction.  We affirm the
judgment of the trial court. AFFIRMED.

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

STATE OF TENNESSEE
vs.
ROBERT ENLO SOWELL, JR.

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

JOHN T. CONNERS, III                CHARLES W. BURSON
134 Riverwood Drive                 Attorney General and Reporter
Franklin, TN 37069
                                    EUGENE J. HONEA
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    VICTOR S. JOHNSON
                                    District Attorney General

                                    JON SEABORG
                                    Asst District Attorney General
                                    Washington Square, Suite 500
                                    222 Second Ave. North
                                    Nashville, TN 37201-1649                         

Judge: WELLES

First Paragraph:

This is an appeal pursuant to Rule 3 of the Tennessee Rules of
Appellate Procedure.  The issue raised in this appeal is whether the
trial judge erred or abused his discretion in denying the Defendant's
petition to suspend the balance of his effective six-year sentence
without conducting a hearing on the merits of the petition.  We have
determined that this appeal should be dismissed. APPEAL DISMISSED.

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

CLIFFORD L. TAYLOR
vs.
STATE OF TENNESSEE

Court:TCCA

First Paragraph:

This matter is before the Court upon the state's motion, pursuant to
Rule 20, Rules of the Court of Criminal Appeals, to affirm the
judgment of the trial court in this case by order rather than formal
opinion.  The above-captioned case represents an appeal from the trial
court's denial of the petitioner's petition for writ of habeas corpus.
 The record was filed on March 7, 1997, and the petitioner filed his
brief on April 4, 1997.  The petitioner is currently serving a life
sentence, having been found to be a habitual criminal, pursuant to
T.C.A. S 39 1-806 (repealed 1989), in 1980.  The petitioner contends
that the enhanced punishment provided by this statute violates the
doctrine of collateral estoppel under the double jeopardy clause of
the federal and state constitutions.

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

GREGORY THOMPSON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For Appellant:                      For Appellee:
Robert J. Warner                    Charles W. Burson
Boult, Cummings, Conners, & Berry   Attorney General & Reporter     
414 Union Street, Ste. 1600     
P.O. Box 198062                     Kimberly A. Chance
Nashville, TN  37219                Assistant Attorney General
                                    450 James Robertson Parkway
Joseph E. Ford                      Nashville, TN  37243-0493       
McBee & Ford
17 S. College Street                C. Michael Layne                
Winchester, TN  37398               District Attorney General
                                    307 S. Woodland
                                    P.O. Box 147
                                    Manchester, TN  37355

                                    Stephen Weitzman
                                    Asst. District Attorney General
                                    307 S. Woodland
                                    P.O. Box 147
                                    Manchester, TN  37355                         

Judge: WADE

First Paragraph:

The petitioner, Gregory Thompson, appeals the trial court's denial of
post-conviction relief. The petitioner was convicted of first degree
murder.  The jury sentenced the petitioner to death based upon three
aggravating circumstances:  (1)  that the murder was heinous,
atrocious or cruel in that it involved torture or depravity of mind;
(2)  that the murder was committed to avoid prosecution; and (3)  that
the murder was committed while the defendant was committing a robbery
or kidnapping.  Tenn. Code Ann. S 39-2-203(i)(5), (6), and (7)
(repealed 1989).  Our supreme court affirmed the conviction and
sentence on February 27, 1989.  State v. Thompson, 768 S.W.2d 239
(Tenn. 1989).  In 1990, the petitioner filed this petition for
post-conviction relief.  At the conclusion of an evidentiary hearing
several years later, the trial court denied the claim. AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/THOMPSN2_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
THOMAS TOMLIN

Court:TCCA

Attorneys:    

For the Appellant:                  For the Appellee:

JOYCE DIANE STOOTS                  CHARLES W. BURSON
Assistant Public Defender           Attorney General and Reporter
107 South Court Square  
Trenton, TN  38382                  DEBORAH A. TULLIS
                                    Assistant Attorney General                          
                                    Criminal Justice Division
TOM W. CRIDER                       450 James Robertson Parkway
District Public Defender            Nashville, TN 37243-0493                
                        
                                    CLAYBURN PEEPLES
                                    District Attorney General

                                    SARAH LEVY
                                    Asst. District Attorney General
                                    110 College St., Suite 200
                                    Trenton, TN  38382                      

Judge: Hayes

First Paragraph:

The appellant, Thomas Tomlin, was convicted by a Gibson County jury of
sale of cocaine, a class C felony.  The trial court sentenced the
appellant to four years incarceration in the Tennessee Department of
Correction.  On appeal, the appellant challenges the sufficiency of
the evidence supporting the jury's verdict.  Specifically, he contends
that the State failed to establish beyond a reasonable doubt the
identity of the perpetrator. AFFIRMED.

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

RICK F. VAULTON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

THERESA W. DOYLE                    CHARLES W. BURSON
211 Printer's Alley Building        Attorney General & Reporter
Suite 400
Nashville, TN 37201                 PETER COUGHLAN
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    VICTOR S. JOHNSON
                                    District Attorney General

                                    ROGER MOORE
                                    Asst District Attorney General
                                    Washington Square, Suite 500
                                    222 Second Avenue, North
                                    Nashville, TN 37201-1649                         

Judge: WELLES

First Paragraph:

The Defendant appeals as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure from the trial court's denial of his
petition for post-conviction relief.  The Defendant was originally
indicted on eleven counts of aggravated robbery and three counts of
especially aggravated kidnaping.  He subsequently pleaded guilty to
four counts of aggravated robbery and one count of especially
aggravated kidnaping.  Pursuant to the plea agreement, he was
sentenced as a Range II multiple offender to twenty years for each of
the aggravated robbery convictions and twenty-five years for the
especially aggravated kidnaping conviction, all to be served
concurrently.  After conducting a hearing on the post-conviction
petition, the trial judge denied the Defendant's claim of ineffective
assistance of counsel relative to his guilty pleas and dismissed his
petition.  We affirm the judgment of the trial court. AFFIRMED.

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

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