TBALink Opinion-Flash

June 17, 1997 -- Volume #3 -- Number #61

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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00-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
00-New Opinons From TCA
25-New Opinons From TCCA

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TBALink Chief Editor


STATE OF TENNESSEE
vs.
JOHN M. AKE

with CONCURRING OPINION

Court:TCCA

Attorneys:  

FOR THE APPELLANT:					FOR THE APPELLEE:

JOHN H. HENDERSON					CHARLES W. BURSON		
District Public Defender			Attorney General and Reporter	
407 C Main Street					
P. O. Box 68						KAREN M. YACUZZO
Franklin, TN 37065-0068				Assistant Attorney General
									450 James Robertson Parkway
									Nashville, TN 37243-0493

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

Judge: RILEY

First Paragraph:

This is a direct appeal resulting from a jury verdict of guilty of
aggravated robbery and theft under $500.  Defendant, John M. Ake, was
sentenced to eight (8) years as a Range I, Standard Offender for the
offense of aggravated robbery and sixty (60) days in the county jail
for the offense of theft under $500.  The sentences were ordered to
run concurrently with each other.  AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/AKEJM_OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/AKEJM1_CON.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
MIKE BOOHER

Court:TCCA

Attorneys:   

FOR THE APPELLANT:					FOR THE APPELLEE:

ROBERT Y. OAKS						CHARLES W. BURSON
Office of the Public Defender		Attorney General and Reporter
First Judicial District
Main Courthouse						PETER M. COUGHLAN
Elizabethton, TN  37643				Assistant Attorney General
									450 James Robertson Parkway
									Nashville, TN  37243
GERALD L. GULLEY, JR.
Contract Appellant Defender			DAVID CROCKETT
P. O. Box 1708						District Attorney General
Knoxville, TN  37901-1708
									LISA NIDIFFER RICE
									Assistant District Attorney
									First Judicial District
									Mountain City, TN  37683                      

Judge: SMITH

First Paragraph:

A Johnson County Criminal Court jury found Appellant Mike Booher
guilty of possession of a controlled substance in a penal institution.
 As a Range II multiple offender, he received a sentence of seven
years and six months in the Tennessee Department of Correction.  The
trial court ordered the sentence served consecutively to his prior
convictions.  AFFIRMED.

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

STATE OF TENNESSEE
vs.
EUGENE BRABSON

Court:TCCA

Attorneys: 

FOR THE APPELLANT:					FOR THE APPELLEE:

ROBERT Y. OAKS						CHARLES W. BURSON
Office of the Public Defender		Attorney General and Reporter
First Judicial District
Main Courthouse						MICHAEL J. FAHEY, II
Elizabethton, TN  37643				Assistant Attorney General
									450 James Robertson Parkway
On Appeal Only						Nashville, TN  37243
GERALD L. GULLEY, JR.
Contract Appellant Defender			DAVID CROCKETT
P. O. Box 1708						District Attorney General
Knoxville, TN  37901-1708
									LISA NIDIFFER RICE
									Assistant District Attorney
									First Judicial District
									Mountain City, TN  37683                         

Judge: SMITH

First Paragraph:

Appellant Eugene Brabson pled guilty in the Johnson County Criminal
Court to possession of a controlled substance in a penal institution. 
As a Range I standard offender, he received a sentence of three years
in the Tennessee Department of Correction.  The trial court ordered
the sentence served consecutively to his prior convictions.  AFFIRMED.

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

STATE OF TENNESSEE
vs.
BRIAN L. BRASHEARS

Court:TCCA

Attorneys:

FOR THE APPELLANT:					FOR THE APPELLEE:

ROBERT S. PETERS					CHARLES W. BURSON
100 First Avenue, S.W.				Attorney General and Reporter
Winchester, TN 37398
									DARYL J. BRAND
									Assistant Attorney General
									450 James Robertson Parkway
									Nashville, TN 37243-0493

									C. MICHAEL LAYNE
									District Attorney General
						
									STEPHEN E. WEITZMAN
									Asst District Attorney General
									P.O. Box 147
									Manchester, TN 37355                         

Judge: WELLES

First Paragraph:

This is an appeal as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure.  The Defendant, Brian L. Brashears, was
convicted by a Coffee County jury of driving under the influence of an
intoxicant, third offense, and driving on a revoked license.    The
jury fined him $250.00 for each offense and the trial court sentenced
him to 11 months and 29 days for driving under the influence with 180
days to be served in the Coffee County Jail and the remainder to be
served on probation.  His driver's license was revoked for 10 years. 
The Defendant was sentenced to 30 days for driving on a revoked
license, to be served consecutively to the DUI sentence.  The
Defendant appeals his conviction for driving under the influence of an
intoxicant raising one issue: that the evidence was insufficient to
support a verdict of guilt.  We affirm the judgment of the trial
court. AFFIRMED.

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

STATE OF TENNESSEE
vs.
JESSEE JAMES BROOKS

Court:TCCA

Attorneys:   

FOR THE APPELLANT:					FOR THE APPELLEE:

JAMES T. BOWMAN						JOHN KNOX WALKUP
128 E. Market Street				Attorney General & Reporter
Johnson City, Tennessee 37604		
									TIMOTHY F. BEHAN
									Assistant Attorney General
									450 James Robertson Parkway
									Nashville, Tennessee 37243 0493

									H. GREELEY WELLS, JR.
									District Attorney General

									EDWARD E. WILSON
									Asst District Attorney General
									P.O. Box 526
									Blountville, Tennessee 37617 0526                       

Judge: RILEY

First Paragraph:

The defendant, Jessee J. Brooks, appeals as of right his sentence from
a jury conviction for aggravated robbery.  The defendant was sentenced
for this Class B felony to fifteen (15) years as a Range II offender. 
The sole issue presented for review is whether the defendant is a
Range I or Range II offender.  At the sentencing hearing, the state
urged the trial court to elevate the defendant to Range II status
based upon three pre-1989 Virginia convictions for grand larceny. 
Arguing that the Virginia convictions were equivalent, at most, to
Class E felonies, defense counsel requested that defendant be
sentenced as a Range I offender.  The trial court determined that
defendant was a Range II offender.  We AFFIRM the judgment of the
trial court. AFFIRMED.

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

STATE OF TENNESSEE
vs.
CHARLES RANDALL BROWN

Court:TCCA

Attorneys: 

FOR THE APPELLANT					FOR THE APPELLEE

Stephen M. Wallace					John Knox Walkup
District Public Defender			Attorney General and Reporter
P.O. Box 839						450 James Robertson Parkway
Blountsville, Tennessee 37617-0839	Nashville, Tennessee 37243 0493
					
Terry L. Jordan						Janis L. Turner			
Assistant Public Defender			Assistant Attorney General
P.O. Box 839						450 James Robertson Parkway
Blountsville, Tennessee 37617-0839	Nashville, Tennessee 37243 0493

									H. Greeley Wells, Jr.
									District Attorney General
									P.O. Box 526
									Blountsville, Tennessee 37617 0526

									Gregory A. Newman
									Asst District Attorney General
									P.O. Box 526
									Blountsville, Tennessee 37617 0526
                         

Judge: Barker

First Paragraph:

The Appellant, Charles Randall Brown, appeals as of right the Sullivan
County Criminal Court's denial of probation or alternative sentencing
for his misdemeanor convictions of criminal trespass, theft of
property under $500.00 in value, and two counts of writing worthless
checks.  We have reviewed the record on appeal and for the reasons
contained herein, we affirm the trial court's judgment denying
probation or alternative sentencing. AFFIRMED.

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

TERRY DAVIS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:					FOR THE APPELLEE:

ROBERT Y. OAKS						CHARLES W. BURSON
Office of the Public Defender		Attorney General and Reporter
First Judicial District
Main Courthouse						MICHAEL J. FAHEY, II
Elizabethton, TN  37643				Assistant Attorney General
									450 James Robertson Parkway
On Appeal Only						Nashville, TN  37243
GERALD L. GULLEY, JR.
Contract Appellant Defender			DAVID CROCKETT
P. O. Box 1708						District Attorney General
Knoxville, TN  37901-1708
									LISA NIDIFFER RICE
									Assistant District Attorney
									First Judicial District
									Mountain City, TN  37683                        

Judge:  SMITH

First Paragraph:

Appellant Terry Davis pled guilty in the Johnson County Criminal Court
to possession of a controlled substance in a penal institution.  As a
Range II multiple offender, he received a sentence of eight years in
the Tennessee Department of Correction.  The trial court ordered the
sentence served consecutively to his prior convictions.  AFFIRMED.

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

STATE OF TENNESSEE
vs.
JAMES IRVIN HARVEST

with CONCURRING OPINION

Court:TCCA

Attorneys:  

FOR THE APPELLANT:					FOR THE APPELLEE:

C. Michael Robbins					John Knox Walkup
Assistant Public Defender			Attorney General & Reporter
P.O. Box 700						500 Charlotte Avenue
Somerville, TN 38068				Nashville, TN 37243-0497

David S. Stockton					Kathy Morante
Assistant Public Defender			Deputy Attorney General
P.O. Box 700						450 James Robertson Parkway
Somerville, TN 38068				Nashville, TN 37243-0493

OF COUNSEL:							Elizabeth T. Rice
									District Attorney General
Gary F. Antrican					302 Market Street
District Public Defender			Somerville, TN 38068
P.O. Box 700
Somerville, TN 38068				James V. Norwood
									Asst District Attorney General
									302 Market Street
									Somerville, TN 38068                        

Judge: Jones

First Paragraph:

The appellant, James Irvin Harvest (defendant), was convicted of
murder second degree, a Class A felony, by a jury of his peers.  The
trial court found the defendant was a mitigated offender and imposed a
Range I sentence consisting of confinement for fifteen (15) years in
the Department of Correction.  In this Court, the defendant raises
numerous issues.  After a thorough review of the record, the briefs
submitted by the parties, and the law governing the issues presented
for review, it is the opinion of this Court the trial court should
have granted the defendant's motion for funds to obtain an independent
psychiatrist to assist the defendant in the presentation of the
insanity defense.  Thus, the judgment of the trial court is reversed
and this cause is remanded to the trial court for a new trial.
REVERSED AND REMANDED FOR A NEW TRIAL.

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

WILLIAM LYNN JOHNSON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:				FOR THE APPELLEE:

WILLIAM LYNN JOHNSON				JOHN KNOX WALKUP
Pro Se								Attorney General & Reporter
F.C.I. Memphis
P.O. Box 34550 (Beale Unit)
Memphis, TN  38184-0550				ELLEN H. POLLACK
									Assistant Attorney General
									Criminal Justice Division
									450 James Robertson Parkway
									Nashville, TN 37243-0493	

									JOHN W. PIEROTTI
									District Attorney General

									PAUL GOODMAN
									Asst. District Attorney General
									Third Floor
									Criminal Justice Complex
									201 Poplar
									Memphis, TN  38103                        

Judge: WITT 

First Paragraph:

The petitioner, William Lynn Johnson, appeals the Shelby County
Criminal Court's summary dismissal of his post-conviction petition. 
The petitioner is currently incarcerated for convictions received in
federal court, and he contends his federal sentence was enhanced in
part based upon unconstitutional prior convictions in the state courts
of Tennessee.  His post-conviction petition challenges those prior
Tennessee convictions.  AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/JOHNSONW2_OPN.WP6
Opinion-Flash

KENNETH KERSEY
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:    

FOR THE APPELLANT:					FOR THE APPELLEE:

PAULA OGLE BLAIR					CHARLES W. BURSON
176 Second Avenue, North			Attorney General and Reporter
Suite 406
Nashville, TN 37201					LISA A. NAYLOR
									Assistant Attorney General
									450 James Robertson Parkway
									Nashville, TN 37243-0493

									VICTOR S. JOHNSON
									District Attorney General

									NICHOLAS D. BAILEY
									Asst District Attorney General
									Washington Square, Suite 500
									222 Second Avenue, 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 Defendant filed a petition seeking habeas
corpus relief and alleged generally that his sentence was void and had
expired.  Counsel was appointed, and an amended petition was filed. 
After conducting an evidentiary hearing, the trial court denied
relief.  It is from this order that the Defendant appeals.  We affirm
the judgment of the trial court. AFFIRMED.

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

WENDELL KING, JR.
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

For the Appellant:					For the Appellee:

PAULA OGLE BLAIR					CHARLES W. BURSON
176 Second Avenue, North			Attorney General and Reporter
Suite 406	
Nashville, TN  37201				LISA A. NAYLOR	
									Assistant Attorney General							
									Criminal Justice Division
									450 James Robertson Parkway
									Nashville, TN 37243-0493				
						
									VICTOR S. (TORRY) JOHNSON III
									District Attorney General

									RONALD E. MILLER
									Asst. District Attorney General
									Washington Square, Suite 500
									222-2nd Avenue, North
									Nashville, TN  37201-1649                        

Judge: Hayes

First Paragraph:

The appellant, Wendell King, Jr., appeals the Davidson County Criminal
Court's dismissal of his petition for post-conviction relief. 
AFFIRMED.

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

FREDDIE LEE MANS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:					FOR THE APPELLEE:

FREDDIE LEE MANS					JOHN KNOX WALKUP
Pro Se								Attorney General & Reporter
F.C.I. Memphis 
P.O. Box 34550 (Tennessee)
Memphis, TN  38184-0550				SARAH M. BRANCH
									Assistant Attorney General
									Criminal Justice Division
									450 James Robertson Parkway
									Nashville, TN 37243-0493	

									JOHN W. PIEROTTI
									District Attorney General

									C. ALANDA HORNE
									Asst. District Attorney General
									Third Floor
									Criminal Justice Complex
									201 Poplar
									Memphis, TN  38103                        

Judge: WITT 

First Paragraph:

The petitioner, Freddie Lee Mans, appeals the Shelby County Criminal
Court's summary dismissal of his post-conviction petition.  The
appellant is currently incarcerated for a conviction received in
federal court, and he contends his federal sentence was enhanced in
part based upon unconstitutional prior convictions in the state courts
of Tennessee.  His post conviction petition challenges those prior
Tennessee convictions. AFFIRMED AS MODIFIED.

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

FREDDIE LEE MANS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

Shara Ann Flacy                     John Knox Walkup
District Public Defender            Attorney General and Reporter
209 W. Madison Street                           
Pulaski, TN 38478                   Daryl J. Brand      
(At trial)                          Assistant Attorney General
                                    450 James Robertson Parkway
John Damron                         Nashville, TN 37243-0493
Assistant Public Defender
209 W. Madison Street
Pulaski, TN 38478                   Michael T. Bottoms      
(At trial)                          District Attorney General

John E. Herbison                    Robert C. Sanders       
2016 Eighth Avenue South            Assistant District Attorney
Nashville, TN 37204                 10 Public Square
(On appeal)                         P.O. Box 1619
                                    Columbia, TN 38402                         

Judge: Barker

First Paragraph:

The appellant, Steve Mason, appeals as of right his convictions in the
Maury County Circuit Court of first degree premeditated murder and
attempted first degree premeditated murder.  He was sentenced to life
in prison for the first degree murder conviction and received a sixty
(60) year consecutive sentence as a career offender on the attempted
offense.  AFFIRMED.

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

JOHNNY PERRY
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:   

FOR THE APPELLANT:                  FOR THE APPELLEE:

A.C. WHARTON, JR.                   JOHN KNOX WALKUP    
Public Defender                     Attorney General & Reporter

WALKER GWINN (appeal)               M. ALLISON THOMPSON
Assistant Public Defender           Assistant Attorney General
                                    Criminal Justice Division
KEVIN CHILDRESS (hearing)           450 James Robertson Parkway
Assistant Public Defender           Nashville, TN 37243-0493    
201 Poplar, Second Floor
Memphis, TN  38103                  JOHN PIEROTTI                                   
                                    District Attorney General

                                    KAREN COOK
                                    Asst. District Attorney General
                                    201 Poplar, Third Floor
                                    Memphis, TN  38301                  

Judge: WITT

First Paragraph:

The petitioner, Johnny Perry, appeals the Shelby County Criminal
Court's denial of post-conviction relief.  The petitioner is presently
serving a 15 year sentence in the Tennessee Department of Correction
for his 1992 conviction of second degree murder.  That conviction was
affirmed by  this court in 1994.  State v. Johnny Perry, No.
02C01-9307-CR-00149 (Tenn. Crim. App., Jackson, Sept. 28, 1994), perm.
app. denied (Tenn. 1995).  In his post conviction petition, the
petitioner alleged he was denied the effective assistance of counsel
in this prosecution.  In a thoughtful and well-reasoned opinion, Judge
L.T. Lafferty dismissed the petitioner's post-conviction claim after
counsel was appointed and a hearing was held, finding the petitioner
failed to carry his burden of proving his trial counsel's alleged
ineffectiveness.  On appeal, the petitioner contends the trial court
erred in this determination. AFFIRMED.

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

STATE OF TENNESSEE

ELDRED REID

Court:TCCA

Attorneys: 

FOR THE APPELLANT                   FOR THE APPELLEE

Gerald L. Melton                    John Knox Walkup
District Public Defender            Attorney General and Reporter
201 W. Main Street, Suite 101       450 James Robertson Parkway
Murfreesboro, Tennessee 37130       Nashville, Tennessee 37243 0493
                    
Jeannie A. Kaess                    Janis L. Turner         
Assistant Public Defender           Assistant Attorney General
201 W. Main Street, Suite 101       450 James Robertson Parkway
Murfreesboro, Tennessee 37130       Nashville, Tennessee 37243 0493

Russell N. Perkins                  William C. Whitesell, Jr.
Assistant Public Defender           District Attorney General
201 W. Main Street, Suite 101       303 Rutherford County Judicial Bldg.
Murfreesboro, Tennessee 37130       Murfreesboro, Tennessee 37130

                                    Dale T. Robinson
                                    Asst District Attorney General
                                    303 Rutherford Cty Judicial Bldg.
                                    Murfreesboro, Tennessee                         

Judge: Barker

First Paragraph:

The Appellant, Eldreid Reid, appeals as of right his conviction and
sentence for one count of rape. AFFIRMED.

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

STATE OF TENNESSEE
vs.
MICHAEL WAYNE ROBEY

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

David Allen Doyle               Charles W. Burson
District Public Defender        Attorney General & Reporter
     
Pamela E. Beck                  Karen M. Yacuzzo 
Deputy Public Defender          Assistant Attorney General
117 East Main Street            Criminal Justice Division
Gallatin, TN 37066              450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                Lawrence Ray Whitley
                                District Attorney General

                                C. Wayne Hyatt
                                Assistant District Attorney General
                                113 West Main Street
                                Gallatin, TN 37066                          

Judge: SUMMERS

First Paragraph:

The appellant, Michael Wayne Robey, was indicted on two counts of
aggravated burglary and two counts of theft.  As part of a plea
agreement, the two theft charges were dismissed; and he pled guilty to
two counts of aggravated burglary.  The appellant was classified as a
Range II, multiple offender and the state recommended concurrent
sentences of seven years at 35%.  AFFIRMED.

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

STATE OF TENNESSEE
vs.
JIMMY RAY ROBINSON

Court:TCCA

Attorneys:        

For Appellant:                      For Appellee:
G. Stephen Davis                    Charles W. Burson
District Public Defender            Attorney General & Reporter
208 North Mill Avenue
P.O. Box 742                        Susan Rosen 
Dyersburg, TN  38025-0742           Counsel for the State                                   
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493
                                                
                                    C. Phillip Bivens
                                    District Attorney General
                                    P.O. Drawer D
                                    Dyersburg, TN  38024
                  

Judge: WADE

First Paragraph:

The defendant, Jimmy Ray Robinson, was convicted of possession of
cocaine with intent to sell.  The trial court imposed a sentence of
ten years to be served consecutively to prior sentences and fined the
defendant $2,000. AFFIRMED.

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

JOHN W. SMITH
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:     

For Appellant:                      For Appellee:
G. Stephen Davis                    Charles W. Burson
District Public Defender            Attorney General & Reporter
208 North Mill Avenue
P.O. Box 742                        Susan Rosen 
Dyersburg, TN  38025-0742           Counsel for the State                                   
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493   
                                            
                                    C. Phillip Bivens
                                    District Attorney General
                                    P.O. Drawer D
                                    Dyersburg, TN  38024
                     

Judge: WADE

First Paragraph:

This case came to be heard on the motion of the state for an
affirmance of the judgment of the trial court under Rule 20, Tennessee
Court of Criminal Appeals Rules.  Based on our review of the state's
motion, the appellant's brief, and the record in this cause, we
conclude that this is an appropriate case for affirmance under Rule
20. AFFIRMED.

URL:

STATE OF TENNESSEE
vs.
SHADE T. UNDERWOOD, JR.

Court:TCCA

Attorneys:   

FOR THE APPELLANT:              FOR THE APPELLEE:

SHADE T. UNDERWOOD, JR.         JOHN KNOX WALKUP
Pro Se                          Attorney General & Reporter
#94450 Unit 8-233 N.E.C.C.
P.O. Box 5,000                  CLINTON J. MORGAN
Mountain City, TN 37683-5000    Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, Tennessee   37243 0493

                                CHARLES E. HAWK, JR.
                                District Attorney General
                                P.O. Box 703
                                Kingston, Tennessee 37763
                                                   

Judge: RILEY

First Paragraph:

Pro se petitioner, Shade T. Underwood Jr., appeals the trial court's
denial of post-conviction relief.  In 1981, petitioner was convicted
of murder and sentenced to 99 years.  Petitioner attacks the legality
of his sentence claiming that he could only have received a life
sentence in 1981.  Dismissing the petition without an evidentiary
hearing, the trial court ruled the defendant's claim was time-barred. 
We affirm the judgment of the trial court.  AFFIRMED.

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

STATE OF TENNESSEE,
vs.
GUSSIE WILLIS VANN

with CONCURRING OPINION

Court:TCCA

Attorneys:  

FOR THE APPELLANT:              FOR THE APPELLEE:

KENNETH MILLER                  JOHN KNOX WALKUP 
Attorney at Law                 Attorney General & Reporter
P.O. Box 191 
Cleveland, TN  37364-0191       MICHAEL E. MOORE 
(At Trial)                          Solicitor General

ASHLEY L. OWNBY                 KATHY MORANTE
Attorney at Law                 Deputy Attorney General
180 N. Ocoee Street
P.O. Box 176                    JOHN P. CAULEY          
Cleveland, TN  37364-0176       Assistant Attorney General
(At Trial and On Appeal)        450 James Robertson Parkway
                                Nashville, TN  37243-0493

BROCK MEHLER                    JERRY N. ESTES
Attorney at Law                 District Attorney General
751 Roycroft Place              203 East Madison Avenue
Nashville, TN  37203            P.O. Box 647
(On Appeal)                     Athens, TN  37371                        

Judge: WOODALL

First Paragraph:

In this capital case, Gussie Willis Vann appeals as of right pursuant
to Rule 3 of the Tennessee Rules of Appellate Procedure.  The
Defendant, Gussie Willis Vann, and his wife, Bernice Vann, were
together charged in a six (6) count indictment with premeditated first
degree murder, felony murder (committed in the perpetration of rape),
two (2) counts of rape of a child, and two (2) counts of incest. 
Prior to the Defendant's trial, upon motion of Bernice Vann, the trial
of Ms. Vann was severed from that of the Defendant.  The Defendant's
trial was held first, and at the close of all proof, the State elected
to dismiss the premeditated murder count.  Following jury
deliberation, the Defendant was convicted of felony murder and two (2)
counts of incest.  Co-defendant Bernice Vann later pled guilty to
accessory after the fact to felony murder, facilitation to commit
aggravated rape, and aggravated child abuse and neglect and received a
total sentence of twenty-five (25) years. AFFIRMED.

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

BARRY WELLS
vs.
RONNIE RICKARD

with CONCURRING OPINION

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

Robert H. Hutton                    John Knox Walkup
Attorney at Law                     Attorney General & Reporter
1700 One Commerce Square            500 Charlotte Avenue
Memphis, TN 38103                   Nashville, TN 37243-0497

                                    Ellen H. Pollack    
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    Elizabeth T. Rice
                                    District Attorney General
                                    302 Market Street
                                    Somerville, TN 38068

                                    Mark E. Davidson
                                    Asst District Attorney General
                                    302 Market Street
                                    Somerville, TN 38068                          

Judge: Jones

First Paragraph:

The appellant, Barry Wells (petitioner), appeals as of right from a
judgment of the trial court refusing to void his conviction for theft
under $500 on the ground the general sessions judge who tried and
sentenced him was a lay judicial officer.  In this Court, the
petitioner contends he was entitled to have a judge licensed to
practice law sit in judgment of him.  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. AFFIRMED.

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

STATE OF TENNESSEE
vs.
JOHN CLAUDE WELLS, III

Court:TCCA

Attorneys:  

FOR THE APPELLANT:              	FOR THE APPELLEE:

Jeffrey A. DeVasher             	John Knox Walkup 
Senior Asst. Public Defender        Attorney General & Reporter
1202 Stahlman Building              450 James Robertson Parkway
Nashville, TN 37201-5066            Nashville, TN 37243-0497
(On Appeal)
                                    Charlotte H. Rappuhn
Ross E. Alderman                    Assistant Attorney General
Deputy Public Defender              450 James Robertson Parkway
1202 Stahlman Building              Nashville, TN 37243-0493
Nashville, TN 37201-5066
(At Trial)                          Victor S. Johnson, III
                                    District Attorney General
Jefferson Dorsey                    222 Second Avenue N, Suite 500
Assistant Public Defender           Nashville, TN 37201-1649
1202 Stahlman Building
Nashville, TN 37201-5066            Lila J. Statom
(At Trial)                          Asst District Attorney General
                                    222 Second Avenue North, Suite 500
OF COUNSEL:                         Nashville, TN 37201-1649
Karl Dean
District Public Defender            Charles Carpenter
1202 Stahlman Building              Asst District Attorney General
Nashville, TN 37201-5066            222 Second Avenue N, Suite 500
                                    Nashville, TN 37201-1649                       

Judge: Jones

First Paragraph:

The appellant, John Claude Wells, III, (defendant), was convicted of
nine (9) counts of aggravated sexual battery, a Class B felony, by a
jury of his peers.  The trial court, finding the defendant to be a
standard offender, imposed a Range I sentence consisting of
confinement for ten (10) years in the Department of Correction in each
of the nine counts.  The sentences must be served consecutively.  The
effective sentence imposed was confinement for ninety (90) years in
the Department of Correction. AFFIRMED.

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

STATE OF TENNESSEE
vs.
DERENZY TURNER and
VERNON WEST

Court:TCCA

Attorneys:     

FOR THE APPELLANTS:                 FOR THE APPELLEE:

Turner:                             CHARLES W. BURSON
WILLIAM C. GOSNELL                  Attorney General and Reporter
3074 East Street
Memphis, TN 38128                   ROBIN L. HARRIS
                                    Assistant Attorney General
West:                               450 James Robertson Parkway
RANDALL B. TOLLEY                   Nashville, TN 37243-0493
242 Poplar Avenue                         
Memphis, TN 38103                   JOHN W. PIEROTTI
                                    District Attorney General
                                            
                                    REGINALD R. HENDERSON
                                    PHILLIP GERALD HARRIS
                                    Asst District Attorneys General
                                    201 Poplar Avenue    
                                    Suite 301                          
                                    Memphis, TN 38103-1947                     

Judge: CLARK

First Paragraph:

Defendant Derenzy Turner was indicted for first degree premeditated
murder, murder in the perpetration of a robbery, and attempted 
aggravated robbery.  Defendant John Donald was indicted for the same
offenses.  Defendant Vernon West was indicted for first degree
premeditated murder and murder in the perpetration of a robbery. 
Donald's case was severed from that of his co-defendants.  Defendants
Turner and West were tried together. AFFIRMED IN PART AND REVERSED IN
PART.

URL:http://www.tba.org/tba_files/TCCA/WEST2_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
JOE ED YORK, SHEILA YORK,   
ELLEN YORK, GEORGE YORK,
and LISA PATTERSON

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE LISA PATTERSON:

JOHN KNOX WALKUP                    ANDY COREA
Attorney General & Reporter         136 S. Illinois Ave., Suite 104
                                    Oak Ridge, TN 37830
MICHAEL J. FAHEY, II
Asst. Attorney General              FOR THE APPELLEE SHEILA YORK:
450 James Robertson Pkwy.
Nashville, TN 37243-0493            MART S. CIZEK
                                    245 N. Main St., Suite 100
JAMES N. RAMSEY                     Clinton, TN 37716
District Attorney General
                                    FOR THE APPELLEE JOE ED YORK:
JAN HICKS
Asst. District Attorney General     KATHY KROEGER
127 Anderson County Courthouse      101 S. Main St., Suite 450
Clinton, TN 37716                   Clinton, TN 37716

                                    FOR THE APPELLEE GEORGE YORK:

                                    LAURA WEBB
                                    101 S. Main St., Suite 322-B
                                    Clinton, TN 37716                        

Judge: PEAY

First Paragraph:

The defendants were indicted in January 1996 for possession of
marijuana with intent to sell.  They filed a motion to suppress all of
the evidence discovered through a search warrant.  After a hearing,
the trial court granted the defendants' motion.  The State now
appeals.  AFFIRMED.

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

EDMUND GEORGE ZAGORSKI
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

SAMUEL L. FELKER                    CHARLES W. BURSON
JOSEPH F. WELBORN, III              Attorney General and Reporter
2700 First American Center
Nashville, TN 37238-2700            AMY L. TARKINGTON
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    GLENN R. PRUDEN
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    LAWRENCE RAY WHITLEY
                                    District Attorney General
                            
                                    DEE DAVID GAY
                                    Asst District Attorney General
                                    202 McClellan Building
                                    Gallatin, TN 37066                         

Judge: RILEY

First Paragraph:

Petitioner, Edmund George Zagorski, appeals from the dismissal of his
post-conviction relief petition. He was previously convicted of two
(2) counts of first degree murder and sentenced to death by
electrocution. Zagorski contends the trial court erred in dismissing
his petition for post-conviction relief. AFFIRMED.

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

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