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.

This Issue (IN THIS ORDER):
00-New Opinons From TSC
00-New Opinons From TSC-Rules
01-New Opinons From TSC-Workers Comp Panel
07-New Opinons From TCA
15-New Opinons From TCCA

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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 attorney’s 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
Opinion-Flash

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
Opinion-Flash

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 court’s 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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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 “15 acres in” 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 “that the Winston
Davis estate be closed by the projected closing date of this contract,
4-29 94.” AFFIRMED.

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

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, “for the sole and
exclusive use and benefit of Misty Dawn Wilson as reimbursement for
college expenses.”  The trial court found this amount to be the
college expenses incurred by the parties’ now-adult daughter, Misty,
for three semesters of college.  AFFIRMED, AS MODIFIED REMANDED.

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

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
Opinion-Flash

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
Opinion-Flash

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 Court’s 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
Opinion-Flash

JASON JERMAINE DOBBINS
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-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 appellant’s 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 state’s 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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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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