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TBALink Opinion-Flash
July 21, 1997 -- Volume #3 -- Number #066
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-Rules
- 01-New Opinons From TSC-Workers Comp Panel
- 07-New Opinons From TCA
- 15-New Opinons From TCCA
- 00-New Opinons From TSC
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George Dean
TBALink Chief Editor
CLARK VANN LUNSFORD vs. SHAW INDUSTRIES, INC Court:TSC - Workers Comp Panel Attorneys: For the Appellant For the Appellee: C. Douglas Dooley David E. Harrison D. Scott Bennett Ninth Floor, Republic Centre Third Floor, Pioneer Bank Bldg. 633 Chestnut Street Chattanooga, TN 37402 Chattanooga, TN 37450 Judge: THAYER First Paragraph: The issue in this case involves the enforcement of payment of post-trial medical expenses. The trial court found the employer, Shaw Industries, Inc., in contempt for unreasonable delay in paying post-judgment medical expenses. The only sanction the court imposed was an award of attorneyÕs fees to the employee, Clark Vann Lunsford, as the hearing revealed the medical expenses originally in dispute were paid shortly prior to the hearing. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TSC_WCP/LUNSFORD_OPN.WP6
EMMA LOU CROWE
vs.
JAMES CRAIG, M.D., THE JACKSON
CLINIC, and CONNIE GALBRAITH
Court:TCA
Attorneys:
DUNCAN E. RAGSDALE THOMAS H. RAINEY
100 N. Main St., Ste. 2340 ANGELA C. YOUNGBERG
Memphis, TN 38103 Rainey, Kizer, Butler, Reviere &
Attorney for Appellant Bell, P.L.C.
105 S. Highland Ave.
Jackson, TN 38301
Attorneys for Appellees
Judge: INMAN
First Paragraph:
This action for damages for medical malpractice was dismissed on
motion for summary judgment. We affirm.
URL:http://www.tba.org/tba_files/TCA/CROWE_OPN.WP6
DIANA AYCOCKE FLANAGAN
vs.
JAMES WILLIAM FLANAGAN
Court:TCA
Attorneys:
For Appellant For Appellee
KEVIN W. SHEPHERD PERRY P. PAINE, JR.
Maryville, Tennessee Paine, Garrett & Bray
Maryville, Tennessee
Judge: Susano
First Paragraph:
This is a divorce case. The trial court granted the plaintiff Diana
Aycocke Flanagan (Wife) an absolute divorce from the defendant James
William Flanagan (Husband). Husband appealed, arguing (1) that Wife
did not prove she was entitled to a divorce on the ground of
inappropriate marital conduct; and (2) that the trial courtÕs division
of property was inequitable or otherwise contrary to law. VACATED IN
PART MODIFIED IN PART AFFIRMED IN PART REMANDED.
URL:http://www.tba.org/tba_files/TCA/FLANAGAN_OPN.WP6
ANTHONY P. GUILIANO
vs.
CLEO INC.
Court:TCA
Attorneys:
Frank L. Watson, III; Waring Cox, PLC of Memphis
For Appellee
James H. Stock, Jr. and George H. Rieger, II;
Weintraub, Robinson, Weintraub, Stock, Bennett,
Ettingoff & Grisham, P.C. of Memphis
For Appellant
Judge: CRAWFORD
First Paragraph:
This is a breach of an employment contract case. Defendant, Cleo,
Inc. (Cleo), appeals the order of the trial court granting summary
judgment in favor of plaintiff, Anthony P. Guiliano (Guiliano).
REVERSED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/GUILIANO_OPN.WP6
LORRAINE BURTON SPIERS MARCUS
vs.
TRENT WRIGHT MARCUS
Court:TCA
Attorneys:
LORRAINE SPIERS MARCUS DANIEL LOYD TAYLOR
370 Silver Plus Cove #8 CRAIG B. FLOOD, II
Collierville, TN 38017 100 North Main Street
Pro Se Appellant Suite 2400
Memphis, TN 38103
Attorneys for Appellee
Judge: INMAN
First Paragraph:
This case is a procedural quagmire. The dispositive issue on appeal,
though not of the merits, of the case, is whether the Chancellor was
correct in declining to assume jurisdiction of it. REVERSED.
URL:http://www.tba.org/tba_files/TCA/MARCUS_OPN.WP6
ROBERT HAROLD PILGRIM and
wife, FRANCES PILGRIM
vs.
EDWARD H. FRAZIER
Court:TCA
Attorneys:
JOHN W. PALMER MARK D. JOHNSTON
The Palmer Law Firm 217 W. Market St.
116 W. Court St. Dyersburg, TN 38025-1326
P.O. Box 746 Attorney for Appellee
Dyersburg, TN 38025
Attorney for Appellants
Judge: INMAN
First Paragraph:
The plaintiffs filed suit on October 15, 1991 against the defendant
for damages resulting from a traffic accident. An answer to the
complaint was filed December 16, 1991. AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/PILGRIM_OPN.WP6
JERE LYNN ROGERS and wife,
CYNTHIA R. ROGERS
vs.
MARK W. DAVIS, individually and as
Executor of the Estate of Winston
C. Davis, Deceased, and TERESA
DAVIS STEINBERG, MARGARET
DAVIS PICKENS and GARY
STEPHEN DAVIS
Court:TCA
Attorneys:
J. PAYSON MATTHEWS W. BOYETTE DENTON
205 W. Market St. Denton & Cary
P.O. Box 819 P.O. Box 306
Somerville, TN 38068 Bolivar, TN 38008
Attorney for Appellants Attorneys for Appellees
Judge: INMAN
First Paragraph:
This is an action for specific performance of a contract dated March 6, 1994
for the sale of 13.5 acres of land.
The propounded contract is a printed form, with various manuscripted
provisions, some of which were canceled by line-drawing and some of
which were interlined. In a reasonable light, the contract provides
that the seller agrees to convey Ò15 acres inÓ Fayette County to Jere
Lynn Rogers and wife Cynthia Ross Rogers for $40,000.00 cash at
closing, less $500.00 earnest money, contingent upon the purchasers
obtaining a loan within 20 days, and contingent Òthat the Winston
Davis estate be closed by the projected closing date of this contract,
4-29 94.Ó AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/ROGERS_OPN.WP6
TAMMY BORING WILSON
vs.
TERRY LEE WILSON
Court:TCA
Attorneys:
For Appellant For Appellee
MARTHA MEARES R. D. HASH
Maryville, Tennessee Maryville, Tennessee
JOYCE, MEREDITH, FLITCROFT
& NORMAND
Oak Ridge, Tennessee
Judge: Susano
First Paragraph:
This is a post-divorce dispute. The trial court awarded Tammy Boring
McLeod, whose last name was formerly Wilson, a judgment for $3,386.15
against her former husband, Terry Lee Wilson, Òfor the sole and
exclusive use and benefit of Misty Dawn Wilson as reimbursement for
college expenses.Ó The trial court found this amount to be the
college expenses incurred by the partiesÕ now-adult daughter, Misty,
for three semesters of college. AFFIRMED, AS MODIFIED REMANDED.
URL:http://www.tba.org/tba_files/TCA/WILSON_OPN.WP6
STATE OF TENNESSEE
vs/
SHARON J. BELL, a.k.a.
SHIRLEY BELL
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Shipp R. Weems Charles W. Burson
District Public Defender Attorney General & Reporter
Steve Stack Bernard W. Greene
Assistant Public Defender Assistant Attorney General
P.O. Box 160 450 James Robertson Parkway
Charlotte, TN 37036 Nashville, TN 37243-0493
Suzanne Lockert
Asst District Attorney General
105 Sycamore Street
Ashland, TN 37015
Judge: WADE
First Paragraph:
The defendant, Sharon Bell, was convicted of aggravated assault.
Because the jury verdict did not indicate whether the defendant was
guilty of Class C or Class D assault, the trial judge entered judgment
for Class D aggravated assault and sentenced the defendant to two
years in the workhouse. All but six months was suspended. The
defendant is eligible for work release. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/BELLSJ_OPN.WP6
MAURICE BOOKER
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
John H. Henderson Charles W. Burson
District Public Defender Attorney General & Reporter
C. Diane Crosier Lisa A. Naylor
Assistant District Public Defender Assistant Attorney General
407-C Main Street Criminal Justice Division
P.O. Box 68 450 James Robertson Parkway
Franklin, TN 37065-0068 Nashville, TN 37243-0493
Joseph D. Baugh, Jr.
District Attorney General
Derek K. Smith
Asst District Attorney General
Williamson County Courthouse
Suite G-6
P.O. Box 937
Franklin, TN 37065-0937
Judge: SUMMERS
First Paragraph:
The appellant, Maurice Booker, was convicted of the sale of cocaine
and conspiracy to sell or deliver cocaine. He received an effective
sentence of twenty years. The appellant filed a petition for
post-conviction relief alleging that the reasonable doubt instruction
used at his trial was unconstitutional. After a hearing, his petition
was denied. He appeals challenging the constitutionality of the
reasonable doubt jury instruction. Upon review, we affirm. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/BOOKERMA_OPN.WP6
MAURICE BOOKER
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Shipp R. Weems Charles W. Burson
District Public Defender Attorney General of Tennessee
and and
Robbie T. Beal Sarah M. Branch
Assistant Public Defender Asst Attorney General of Tennessee
P.O. Box 160 450 James Robertson Parkway
Charlotte, TN 37036 Nashville, TN 37243-0493
Dan Mitchum Alsobrooks
District Attorney General
Court Square, P.O. Box 580
Charlotte, TN 37036-0580
George C. Sexton
Asst District Attorney General
Humphreys County Court House
Waverly, TN 37185
Judge: Tipton
First Paragraph:
The petitioner, William Lee Bramlett, appeals as of right from the
Humphreys County Criminal CourtÕs dismissal of his petition for
post-conviction relief. The petitioner pled guilty to four counts of
grand larceny, two counts of obtaining money under false pretenses,
statutory rape, contributing to the delinquency of a minor, vandalism,
forgery, passing a forged instrument, and three counts of passing
worthless checks. In exchange for his pleas, he received an effective
sentence of ten years for the various convictions, to be served under
the Community Corrections Act of 1985, and the state agreed to the
dismissal of several other charges. His community corrections
sentence was eventually revoked, and the trial court ordered that he
serve his ten-year sentence in the Department of Correction. On July
19, 1991, the petitioner filed a pro se petition for post-conviction
relief. Although somewhat rambling, the petition alleged that the
petitioner received ineffective assistance of counsel and entered an
involuntary plea. The trial court summarily dismissed the petition.
This court reversed the summary dismissal and remanded the case for
the appointment of counsel. William Lee Bramlett v. State, No.
01C01-9202 CC-00049, Humphreys County (Tenn. Crim. App. May 19, 1994).
After the appointment of counsel and an evidentiary hearing, the
trial court denied the petition because it concluded that the
petitioner understood the terms of his original plea and that his
original counsel was effective in his pretrial preparation. The
petitioner contests these findings and claims that the trial court
improperly refused to grant his request for a copy of the transcript
from his guilty plea submission hearing. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/BRAMLET_OPN.WP6
JASON JERMAINE DOBBINS
vs.
STATE OF TENNESSEE
Court:TCCA
First Paragraph:
This matter is before the Court upon the stateÕs motion requesting
that the judgment in the above-styled cause be affirmed pursuant to
Rule 20, Tennessee Court of Criminal Appeals Rules. Specifically, the
state argues that the trial court was without jurisdiction to consider
the appellantÕs petition for post-conviction relief on the merits
because the one-year statute of limitation had run and the appellant
cannot prove that his claim falls within one of the limited exceptions
to the one-year statute of limitation under T.C.A. ¤ 40-30-202(b).
The appellant did not file a response to the stateÕs motion. We find
that the case is not appropriate for affirmance under Rule 20.
URL:http://www.tba.org/tba_files/TCCA/DOBBINS_ORD.WP6
STATE OF TENNESSEE
vs.
JAMES HOLLOWAY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Karl Dean Charles W. Burson
District Public Defender Attorney General & Reporter
Jeffrey A. Devasher Sarah M. Branch
Senior Assistant Public Defender Counsel for the State
450 James Robertson Parkway
Wendy S. Tucker Nashville, TN 37243
Assistant Public Defender
1202 Stahlman Building Victor S. (Torry) Johnson III
Nashville, TN 37201 District Attorney General
D. Paul DeWitt
Asst District Attorney General
Suite 500, Washington Square
222-2nd Avenue North
Nashville, TN 37201-1649
Judge: SUMMERS
First Paragraph:
The appellant, James Holloway, pled guilty to second degree murder.
He was sentenced to twenty-three years incarceration. He appeals
alleging the trial court erred in imposing an excessive sentence.
Upon review, we respectfully reverse the trial court and remand for a
new sentencing hearing. REVERSED AND REMANDED AS TO SENTENCE.
URL:http://www.tba.org/tba_files/TCCA/HOLLOWAY_OPN.WP6
STATE OF TENNESSEE
vs.
SHAWN HUFF
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
CLEMENT DALE POTTER JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
MICAELA BURNHAM CLINTON J. MORGAN
Assistant Public Defender Assistant Attorney General
314 West Main Street 450 James Robertson Parkway
McMinnville, TN 37110 Nashville, TN 37243-0493
WILLIAM M. LOCKE
District Attorney General
LARRY G. ROSS
Asst District Attorney General
Professional Building
P.O. Box 410
McMinnville, TN 37110-0410
Judge: WOODALL
First Paragraph:
The Petitioner 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 Petitioner pled guilty to
aggravated robbery and was sentenced to eleven (11) years and six (6)
months. He filed a petition for post-conviction relief on the grounds
that he had ineffective assistance of counsel. The Petitioner argues
in this court that his trial counsel was indeed ineffective and the
Petitioner should be granted post-conviction relief. We affirm the
judgment of the trial court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/HUFFS_OPN.WP6
STATE OF TENNESSEE
vs.
WILLIAM CHARLES JONES
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Claudia S. Jack John Knox Walkup
22 Public Square Attorney General and Reporter
P.O. Box 827
Columbia, TN 38402 Timothy F. Behan
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
T. Michael Bottoms
District Attorney General
Samuel D. Kennedy
Assistant District Attorney
10 Public Square
P.O. Box 1619
Columbia, TN 38402
Judge: Barker
First Paragraph:
The appellant, William Charles Jones, appeals as of right his
conviction for the offense of aggravated assault by a Maury County
Circuit Court jury. The trial court sentenced the appellant to three
years as a Range I standard offender, ordering him to serve six months
of that sentence in jail and the remainder on probation. The jury
imposed a $10,000.00 fine. In his sole issue on appeal, the appellant
argues that comments made by the prosecutor during closing arguments
amounted to prosecutorial misconduct. The appellant contends that the
prosecutor's arguments were so improper, inflammatory, and prejudicial
that he was denied due process of law. After a careful review of the
record on appeal, we agree with the appellant. Accordingly, the
appellant's conviction is reversed and a new trial ordered. REVERSED
AND REMANDED.
URL:http://www.tba.org/tba_files/TCCA/JONESWC_OPN.WP6
STATE OF TENNESSEE
vs.
CHRISTOPHER LANGLEY
with DISSENTING OPINION
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Charles W. Burson Dana C. Holloway
Attorney General of 810 South Garden Street
Tennessee P.O. Box 339
and Columbia, TN 38402-0339
Kimbra R. Spann
Assistant Attorney General
of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
T. Michael Bottoms
District Attorney General
and
Robert C. Sanders
Assistant District Attorney
General
Maury County Courthouse Annex Building
Columbia, TN 38401
Judge: Tipton
First Paragraph:
The state appeals as of right from the Maury County Circuit Court's
imposing a minimum sentence upon the defendant, Christopher Langley,
and granting him probation. The defendant was convicted in a jury
trial of aggravated child abuse, a Class B felony, for which he
received the minimum sentence of eight years for a Range I, standard
offender. The state contends that the trial court erred in imposing a
minimum sentence and granting probation given the presence of several
enhancement factors and the seriousness of the offense. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/LANGLEYC_OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/LANGLEYC_DIS.WP6
STATE OF TENNESSEE
vs.
JEROME PATRICK LYONS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Jerome Patrick Lyons, Pro Se Charles W. Burson
200 7th Street - Bell Buckle Attorney General & Reporter
P.O. Box 0622
Shelbyville, TN 37160-0622 Georgia Blythe Felner
Counsel for the State
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
William Michael McCown
District Attorney General
Robert G. Crigler
Asst District Attorney General
One Public Square, Suite 300
Shelbyville, TN 37160-3953
Judge: SUMMERS
First Paragraph:
The appellant, Jerome Patrick Lyons, was issued a speeding citation by
Trooper Inman of the Tennessee Highway Patrol for traveling 81 m.p.h.
in a 55 m.p.h. zone. After a preliminary hearing, he was bound over
to the grand jury by the General Sessions Court. The grand jury
indicted the appellant for speeding. The appellant chose to represent
himself at trial. The jury found him guilty of speeding. The trial
court entered judgment. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/LYONSJP_OPN.WP6
CURTIS NEWBERN
vs.
STATE OF TENNESSEE
Court:TCCA
First Paragraph:
This matter is before the Court upon the state's motion to affirm the
judgment of the trial court under Rule 20, Rules of the Court of
Criminal Appeals. The record was filed on February 20, 1997, and the
petitioner filed his brief on April 17, 1997. The petitioner was
originally indicted for aggravated rape in May 1987, and was
subsequently found guilty of the same. This Court affirmed the
conviction and sentence on direct appeal. State v. Curtis Newbern,
No. 70 (Tenn. Crim. App., at Jackson, July 5, 1989). Thereafter, the
petitioner filed a petition for post-conviction relief. The trial
court denied the petition and this Court affirmed that judgment on
appeal. Curtis Newbern v. State, No. 02C01-9106-CR-00143 (Tenn. Crim.
App., June 10, 1992).
URL:http://www.tba.org/tba_files/TCCA/Newbern2_ord.WP6
CURTIS NEWBERN
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
WILLIAM C. ROBERTS, JR. JOHN KNOX WALKUP
Suite 1502, Parkway Towers Attorney General & Reporter
Nashville, TN 37219
LISA A. NAYLOR
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
WILLIAM MICHAEL McCOWN
District Attorney General
215 E. College, P.O. Box 904
Fayetteville, TN 37334
WEAKLEY E. BARNARD
Asst. District Attorney General
Marshall Co. Courthouse
Room 407
Lewisburg, TN 37091
Judge: WITT
First Paragraph:
The petitioner, James E. Peden appeals pursuant to Rule 3 of the
Tennessee Rules of Appellate Procedure from the Lincoln County Circuit
Court's denial of post-conviction relief. On June 2, 1992, the
petitioner pleaded guilty to three counts of aggravated assault, a
Class C felony, one count of felony reckless endangerment, a Class E
felony, and one count of indecent exposure, a Class A misdemeanor. In
accordance with the plea agreement, the trial court sentenced the
petitioner to an aggregate sentence of ten years as a Range I
offender. The petitioner filed no direct appeal. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/PEDENJ_OPN.WP6
ROBERT LEE RAYFORD
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 through an order rather than a formal
opinion. The record in this case was filed on February 26, 1997, and
the petitioner filed his brief on April 11, 1997. In 1986, this Court
affirmed the petitioner's convictions for aggravated rape and status
as a habitual criminal. State v. Rayford, No. 38 (Tenn. Crim. App.,
at Jackson, April 2, 1986). The Supreme Court denied the petitioner's
application for permission to appeal. In June of 1987, the petitioner
filed a petition for post-conviction relief, claiming, in part,
ineffective assistance of counsel. The trial court finally dismissed
the petition in May 1991, but the petitioner did not appeal that
dismissal.
URL:http://www.tba.org/tba_files/TCCA/Rayford1_ord.WP6
ESTENICO SLAYTON
vs.
STATE OF TENNESSEE
Court:TCCA
First Paragraph:
This matter is before the Court upon the state's motion requesting
that the judgment in the above-captioned cause be affirmed pursuant to
Rule 20, Rules of the Court of Criminal Appeals. It appears the
petitioner was sentenced on his guilty plea on January 6, 1995. The
petitioner did not take a direct appeal, and did not file his petition
for post-conviction relief until July 11, 1996. The petitioner filed
an amended petition, by and through counsel, on September 6, 1996.
The state filed an answer on September 10, 1996, and an amended answer
on October 7, 1996. In its amended answer, the state claimed the
petition was barred by the statute of limitation. The petitioner
subsequently filed a motion to dismiss the amended answer claiming the
state waived the statute of limitation defense by not raising it in
the initial answer. The trial court ultimately dismissed the petition
because it was filed outside the statute of limitation.
URL:http://www.tba.org/tba_files/TCCA/Slayton4_ord.WP6
RICKY TRICE
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Monte D. Watkins Charles W. Burson
176 2nd Avenue North Attorney General of Tennessee
Nashville, TN 37201 and
Cyril V. Fraser
Counsel for the State
450 James Robertson Parkway
Nashville, TN 37243-0493
Victor S. Johnson, III
District Attorney General
and
Nicholas Bailey
Asst District Attorney General
Washington Square
Suite 500
222 2nd Avenue North
Nashville, TN 37201-1649
Judge: Tipton
First Paragraph:
The petitioner, Ricky Trice, appeals as of right from the Davidson
County Criminal Court's denying him post-conviction relief. The
petitioner is presently serving concurrent twenty-five year sentences
in the Department of Correction for his two 1990 convictions for
aggravated rape of his preschool age daughter. He contends that he
received the ineffective assistance of appellate counsel and that
plain error occurred through the state's proving, without objection,
collateral bad acts. We affirm the trial court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/TRICE-R_OPN.WP6
WILLIAM EDWARD WHITT
vs.
STATE OF TENNESSEE
Court:TCCA
First Paragraph:
This matter is before the Court upon the state's motion to affirm the
judgment of the trial court under Rule 20, Rules of the Court of
Criminal Appeals. The case before this Court represents an appeal
from the trial court's denial of the petitioner's petition for writ of
habeas corpus. The record was filed on April 8, 1997, and the
petitioner filed his brief on April 21, 1997. Although the record
does not contain a copy of the indictment at issue, thereby precluding
the Court from conducting an adequate review, the petitioner asserts
in his brief that he was originally indicted for aggravated rape in
October 1985, and subsequently convicted of the same. In the present
appeal, the petitioner contends the judgment entered against him is
void because the indictment failed to allege the mens rea of the
offense charged.
URL:http://www.tba.org/tba_files/TCCA/Whitt-w_ord.WP6
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© Copyright 1998 Tennessee Bar Association - This Issue (IN THIS ORDER):