TBALink Opinion-Flash

July 25, 1997 -- Volume #3 -- Number #069

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

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SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL
July 14, 1997   

Court:TSC - Rules
       
URL:http://www.tba.org/tba_files/TSC_RULES/STATELST_WPD.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
WILLIAM GLENN ABLES

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:

C. MICHAEL ROBBINS (on appeal)      JOHN KNOX WALKUP
202 S. Maple, Suite C               Attorney General and Reporter
Covington, TN 38019
                                    GEORGIA BLYTHE FELNER
GEORGE MORTON GOOGE (at hearing)    Assistant Attorney General
District Public Defender            450 James Robertson Parkway
                                    Nashville, TN 37243-0493
PAMELA J. DREWERY (at hearing)
Assistant District Public Defender  JERRY WOODALL
227 W. Baltimore                    District Attorney General
Jackson, TN 38301
                                    DONALD H. ALLEN
                                    Asst District Attorney General
                                    Lowell Thomas State Office Bldg
                                    P.O. Box 2825
                                    Jackson, TN 38302-2825                        

Judge: RILEY

First Paragraph:

The appellant, William Glenn Ables, appeals the order of the Madison
County Circuit Court revoking his probation and requiring him to serve
the balance of a six (6) year sentence in the Tennessee Department of
Correction.  On appeal, he claims that the trial court erred in (1)
admitting testimony from appellant's probation officer concerning the
results of drug tests; and (2) revoking his probation and ordering him
to serve his sentence in confinement.  We affirm the judgment of the
trial court. AFFIRMED.

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

STATE OF TENNESSEE
vs.
BOBBY ANDERSON

Court:TCCA

Attorneys:  

For the Appellant:                  For the Appellee:

PAMELA J. DREWERY                   CHARLES W. BURSON
Asst. Public Defender               Attorney General and Reporter
227 W. Baltimore    
Jackson, TN   38301                 SUSAN ROSEN
                                    Assistant Attorney General                          
                                    Criminal Justice Division
GEORGE MORTON GOOGE                 450 James Robertson Parkway
District Public Defender            Nashville, TN 37243-0493                
                        
                                    JAMES G. (JERRY) WOODALL
                                    District Attorney General

                                    NICK NICOLA
                                    Asst. District Attorney General
                                    P. O. Box 2825
                                    Jackson, TN  38302                        

Judge: Hayes

First Paragraph:

The appellant, Bobby Anderson, appeals as of right from a judgment of
the Madison County Circuit Court revoking his probation.  The sole
issue before this court is whether the trial court erred by
reinstating the appellant's original sentence instead of ordering
another less restrictive alternative to confinement pursuant to Tenn.
Code Ann. S 40-35-103(1)(C). After reviewing the record, we affirm the
trial court's judgment.

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

CHARLES "ACE" BARBEE
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For Appellant:
William K. Randolph
120 North Mill Street
Suite 303
P.O. Box 611
Dyersburg, TN  38025-0611
For Appellee:

Charles W. Burson
Attorney General & Reporter

Deborah A. Tullis
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN  37243-0493

James E. Lanier
Assistant District Attorney General
P.O. Drawer E
Dyersburg, TN  38024                         

Judge: WADE

First Paragraph:

The petitioner, Charles "Ace" Barbee, appeals from the trial court's
dismissal of his petition for post-conviction relief.  The single
issue presented for our review is whether the trial court erred by
finding that counsel was not ineffective for (1) failing to file a
motion to seek a severance of four separate counts of selling cocaine
and (2) failing to fully advise the petitioner of the potential
punishment in the event of a guilty verdict. AFFIRMED.

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

STATE OF TENNESSEE
vs.
WILLIAM BELL

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

Larry E. Fitzgerald                 Charles W. Burson
Attorney at Law                     Attorney General & Reporter 
22 N Second Street, Suite 410
Memphis, TN 38103                   Georgia Blythe Felner
                                    Counsel for the State
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    William L. Gibbons
                                    District Attorney General

                                    Reginald R. Henderson
                                    Asst District Attorney General
                                    201 Poplar Avenue, Suite 301
                                    Memphis, TN 38103                         

Judge: SUMMERS

First Paragraph:

The appellant, Bobby Anderson, appeals as of right from a judgment of
the Madison County Circuit Court revoking his probation.  The sole
issue before this court is whether the trial court erred by
reinstating the appellant's original sentence instead of ordering
another less restrictive alternative to confinement pursuant to Tenn.
Code Ann. S 40-35-103(1)(C). After reviewing the record, we affirm the
trial court's judgment.

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

STATE OF TENNESSEE
vs.
TERRON BLEDSOE, aka "TONY

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

LESLIE I. BALLIN                    CHARLES W. BURSON
MARK A. MESLER                      Attorney General and Reporter
200 Jefferson Ave, Ste 1250
Memphis, TN  38103                  CLINTON J. MORGAN
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243

                                    ELIZABETH RICE
                                    District Attorney General

                                    PERRY HAYES
                                    Assistant District Attorney
                                    302 Market Street
                                    Somerville, TN  38068                        

Judge: SMITH

First Paragraph:

The appellant, William Bell, pled guilty to the unlawful possession of
a handgun and to unlawfully operating a motor vehicle while being a
habitual motor vehicle offender.  He received an effective sentence of
one year.  He appeals, contending the trial court erred in failing to
suspend his sentence and in denying him probation.  Upon review, we
affirm the judgment of the trial court. AFFIRMED.

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

STATE OF TENNESSEE
vs.
PHILLIP BOWLING

Court:TCCA

Attorneys:                          

For the Appellant:                  For the Appellee:

David F. Bautista                   Charles W. Burson
District Public Defender            Attorney General of Tennessee
      and                               and
Deborah B. Huskins                  George Linebaugh
Assistant Public Defender           Asst Attorney General of Tennessee       
142 E. Market Street                450 James Robertson Parkway     
Johnson City, TN 37601              Nashville, TN 37243-0493

                                    David E. Crockett
                                    District Attorney General
                                    Route 19, Box 99
                                    Johnson City, TN 37601
                                        and
                                    Joe C. Crumley, Jr.
                                    Asst District Attorney General
                                    Washington County Courthouse
                                    P.O. Box 38 
                                    Jonesborough, TN 37659
                                    
Judge: Tipton

First Paragraph:

The defendant appeals as of right from three, concurrent twelve year
sentences that the Washington County Criminal Court imposed upon him
after it revoked his suspended sentence.  He contends that the trial
court erroneously enhanced the three, ten-year sentences it previously
imposed in this case by applying improperly two enhancement factors
and ignoring an applicable mitigating factor.   Because we conclude
that the trial court was without the authority to increase the
defendant's sentence, we vacate the amended judgments of the trial
court and order that the defendant serve the original ten-year,
concurrent sentences.

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

STATE OF TENNESSEE
vs.
MICHAEL A. BOYLAND

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

CRAIG HALL (at trial)               JOHN KNOX WALKUP
100 North Main, Ste. 1928           Attorney General & Reporter
Memphis, TN   38103
                                    SARAH M. BRANCH
BRETT B. STEIN (on appeal)          Assistant Attorney General
100 North Main, Ste. 3102           450 James Robertson Parkway
Memphis, TN   38103                 Nashville, Tennessee 37243 0493

                                    WILLIAM L. GIBBONS
                                    District Attorney General                           
                                    STEPHEN HALL
                                    Asst District Attorney General
                                    201 Poplar Ave. Ste. 301
                                    Memphis, Tennessee   38103 1947                         

Judge: RILEY

First Paragraph:

The defendant, Michael A. Boyland, pled guilty to possession of
cocaine over 0.5 grams with intent to sell, a Class B felony.  He was
sentenced as a Range I Standard Offender to nine years in the
Department of Correction and fined $2,000.  The sole issue for review
is whether the trial court erred in denying alternative sentencing. 
We AFFIRM the judgment of the trial court. AFFIRMED.

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

WALLACE BUTLER
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

MARK MESLER                         CHARLES W. BURSON
200 Jefferson, Suite 1250           Attorney General and Reporter
Memphis, TN   38103
                                    JANIS L. TURNER
                                    Assistant Attorney General                          
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
                        
                                    WILLIAM GIBBONS
                                    District Attorney General

                                    JENNIFER NICHOLS
                                    Asst. District Attorney General
                                    Third Floor
                                    Criminal Justice Complex
                                    201 Poplar Avenue
                                    Memphis, TN  38103
                         

Judge: Hayes

First Paragraph:

The appellant, Wallace Butler, appeals as of right from the Shelby
County Criminal Court's dismissal of his petition for post-conviction
relief.  The post-conviction court summarily dismissed the petition
finding the claims alleged were barred by the statute of limitation. 
AFFIRMED.

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

STATE OF TENNESSEE
vs.
VERNITA COX

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

MARVIN E. BALLIN                    JOHN KNOX WALKUP
    and                             Attorney General & Reporter
MARK A. MESLER
200 Jefferson Ave., Suite 1250      MICHAEL J. FAHEY, II
Memphis, TN   38103                 Asst. Attorney General
                                    450 James Robertson Pkwy.
                                    Nashville, TN  37243-0493
                
                                    WILLIAM L. GIBBONS
                                    District Attorney General

                                    DAVID B. SHAPIRO
                                    Asst. District Attorney General
                                    Criminal Justice Center
                                    Third Floor
                                    Memphis, TN   38103                         

Judge: PEAY

First Paragraph:

The defendant pled guilty to one count of robbery, a class C felony. 
She was originally sentenced as a Range I standard offender to three
years confinement.  On appeal, this Court remanded "for the imposition
of alternative sentencing."  Specifically, this Court instructed the
court below "to consider split confinement, periodic confinement, and
community corrections, and to select the sentencing option which best
serves the goals of the Sentencing Act and appellant Cox's
rehabilitative needs."  On remand, the court below imposed an
alternative sentence of probation coupled with periodic confinement. 
T.C.A. S 40-35-307.  The defendant has again appealed, complaining
that "the trial court improperly refused to place [her] on Community
Corrections."  Upon our review of the record, we direct the entry of
an order increasing the defendant's period of probation to two and
one-half years, and otherwise affirm the judgment. AFFIRMED AS
MODIFIED.

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

JAMES MORNING CRAFT
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT                   FOR THE APPELLEE

James Morning Craft                 John Knox Walkup
Cold Creek Correctional Facility    Attorney General and Reporter
P.O. Box 1000                       450 James Robertson Parkway
Henning, Tennessee 38041-1000       Nashville, Tennessee 37243 0493
                    
                                    Elizabeth T. Ryan                                       
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, Tennessee 37243 0493

                                    John W. Pierotti
                                    District Attorney General
                                    201 Poplar Avenue   
                                    Memphis, Tennessee 38103 1947

                                    C. Alanda Horne
                                    Asst District Attorney General
                                    201 Poplar Avenue   
                                    Memphis, Tennessee 38103 1947                         

Judge: Barker

First Paragraph:

The Appellant, James Morning Craft, appeals as of right the Shelby
County Criminal Court's dismissal of his petition for post-conviction
relief.  The petition was dismissed without a hearing, because it was
filed outside the applicable statute of limitations.  Although the
Appellant raises several issues on appeal, the applicable statute of
limitations period is dispositive.  After reviewing the record on
appeal, we find that the trial court properly dismissed the petition.
AFFIRMED.

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

GREGORY CUMMINGS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

WALKER GWINN                        CHARLES W. BURSON
Asst. Public Defender               Attorney General and Reporter
201 Poplar, Suite 2-01  
Memphis, TN  38103                  SARAH M. BRANCH
                                    Assistant Attorney General                          
                                    Criminal Justice Division
A. C. WHARTON                       450 James Robertson Parkway
District Public Defender            Nashville, TN 37243-0493                
                        
                                    WILLIAM GIBBONS
                                    District Attorney General

                                    KAREN COOK
                                    Asst. District Attorney General
                                    Third Fl, Criminal Justice Complex
                                    201 Poplar 
                                    Memphis, TN  38103                         

Judge: Hayes

First Paragraph:

The appellant, Gregory Cummings, appeals the denial of his petition
for post-conviction relief by the Shelby County Criminal Court.  The
appellant raises two related issues on appeal (1) the effective
assistance of counsel and (2) the voluntariness of his guilty pleas,
i.e. whether his guilty pleas were a voluntary and informed choice
based upon advice supplied by trial counsel. After a review of the
record, we affirm the post-conviction court's judgment. AFFIRMED.

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

FLOYD L. DAVIS
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, Rules of the Court of Criminal Appeals.  It appears that the
final judgment in the petitioner's case was entered on April 21, 1995.
 Subsequently, on January 27, 1997, the petitioner filed his petition
for post-conviction relief.  The trial court dismissed the petition
without a hearing upon a finding that the petition was barred by the
one-year statute of limitation.  We agree.

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

MONROE E. DAVIS
vs.
JIMMY HARRISON, WARDEN

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

MONROE E. DAVIS, pro se             JOHN KNOX WALKUP
West Tennessee High Security        Attorney General and Reporter
Post Office Box 1050
Henning, TN 38041-1050              WILLIAM DAVID BRIDGERS
                                    LISA A. NAYLOR
                                    Assistant Attorneys General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    ELIZABETH T. RICE
                                    District Attorney General
                                    302 Market Street
                                    Somerville, TN 38068
                                                             

Judge: RILEY

First Paragraph:

The petitioner, Monroe E. Davis, appeals the order of the Circuit
Court of Lauderdale County summarily dismissing his petition for writ
of habeas corpus.  He is presently serving sentences of 20 years for
second degree murder and one (1) year for larceny.  According to his
petition, he was convicted and sentenced on October 6, 1989.  Because
he cannot demonstrate that the judgments convicting him are void or
that his sentence terms have expired, the judgment of the trial court
is affirmed. AFFIRMED.

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

JASON EMERY DODD
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

STEPHANIE L. PRENTIS                JOHN KNOX WALKUP
615 Court Street                    Attorney General and Reporter
Savannah, TN 38372
                                    CLINTON J. MORGAN
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243

                                    ROBERT RADFORD
                                    District Attorney General

                                    JOHN OVERTON
                                    Assistant District Attorney
                                    Hardin County Courthouse
                                    Savannah, TN 38372                         

Judge: WELLES

First Paragraph:

The Petitioner appeals as of right from the trial court's denial of
his petition for post-conviction relief.  The Petitioner pleaded
guilty to arson and was sentenced as a Range I standard offender to
three years to be served in community corrections.  Subsequently, the
Petitioner was found to have violated the terms of his community
corrections sentence and he was resentenced to five years in the
Department of Correction.  In the post conviction proceeding, the
Petitioner sought relief on the grounds that he received ineffective
assistance of counsel and that his guilty plea was thus not knowing
and voluntary.  The trial court denied relief.  We affirm the judgment
of the trial court. AFFIRMED.

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

STATE OF TENNESSEE
vs.
HEATHER R. DOWDY

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

R. PORTER FEILD                     CHARLES W. BURSON
Burch, Porter & Johnson             Attorney General and Reporter
130 North Court Avenue  
Memphis, TN  38103                          
                                    LISA A. NAYLOR
                                    Assistant Attorney General                          
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
                        
                                    WILLIAM GIBBONS
                                    District Attorney General

                                    P. T. HOOVER
                                    Asst. District Attorney General
                                    201 Poplar Avenue, 3rd Floor
                                    Memphis, TN  38103                         

Judge: Hayes

First Paragraph:

The appellant, Heather R. Dowdy, pled guilty in the Shelby County
Criminal Court to one count of aggravated burglary, a class C felony,
and two counts of theft of property valued less than five hundred
dollars, class A misdemeanors.  Pursuant to the plea agreement, the
trial court imposed concurrent sentences of three years incarceration
in the county workhouse for the burglary conviction and eleven months
and twenty-nine days incarceration in the county workhouse for each of
the theft convictions.  Following a sentencing hearing, the trial
court suspended the sentences, except for one hundred and eighty days
to be served on weekends.  Additionally, the trial court imposed six
years of intensive probation.  The conditions of probation included
restitution in the amount of $7,200.00, to be paid in monthly
installments of $100.00, one hundred hours of community service, and a
9:00 p.m. curfew. REMANDED.

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

JOHN L. EARNEST
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For the Appellant:                  For the Appellee:

Craig v. Morton, II                 Charles W. Burson
212 Adams Avenue                    Attorney General of Tennessee
Memphis, TN 38103                       and             
                                    Deborah A. Tullis
                                    Asst Attorney General of Tennessee                  
                                    450 James Robertson Parkway     
                                    Nashville, TN 37243-0493

                                    John W. Pierotti, Jr.
                                    District Attorney General
                                        and
                                    Rhea Clift
                                    James J. Challen, III
                                    Asst District Attorneys General
                                    201 Poplar Avenue
                                    Memphis, TN 38103                          

Judge: Tipton

First Paragraph:

The petitioner, John L. Earnest, appeals as of right from the Shelby
County Criminal Court's denying him post-conviction relief from his
second degree murder conviction and resulting forty-year sentence in
1991 upon his plea of guilty.  The petitioner contends that he
received the ineffective assistance of counsel and that he did not
knowingly and voluntarily enter his guilty plea.  He asserts that his
counsel was ineffective because (1) a hearing was not conducted on
several motions, (2) a motion to compel the state to answer the
motions was never filed by his counsel, (3) the mental evaluation
conducted was incomplete, and (4) his attorney only sought to
negotiate a plea rather than preparing for trial.  The petitioner also
claims that he did not knowingly and voluntarily enter his guilty plea
because the trial court did not advise him that he was waiving the
right to appeal his sentence or that there would be no further trials
of any kind by entering a guilty plea.  Initially, we note failure to
give advice not required by Boykin v. Alabama, 395 U.S. 238, 243, 89
S. Ct. 1709, 1719 (1969), does not, per se, warrant post-conviction
relief because the omission does not, by itself, rise to the level of
constitutional error.  See T.C.A. S 40-30-105; State v. Prince, 781
S.W.2d 846, 853 (Tenn. 1989); State v. Neal, 810 S.W.2d 131, 140
(Tenn. 1991).  AFFIRMED.

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

STATE OF TENNESSEE
vs.
MARVIN K. FERGUSON

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:  

Dennis Tomlin                       Charles W. Burson
Attorney at Law                     Attorney General & Reporter
627 Second Avenue, South
Nashville,TN 37210                  Christina S. Shevalier  
                                    Assistant Attorney General
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243 0493

                                    David Crockett    
                                    District Attorney General

                                    Joe C. Crumley,Jr.
                                    Asst Dist. Attorney General
                                    P.O. Box 38
                                    Jonesborough, TN.                        

Judge: Burch

First Paragraph:

The appellant was convicted by a jury of the criminal offense of
driving a motor vehicle while intoxicated (second offense). The trial
court sentenced the appellant to eleven months, twenty-nine days in
the county jail, suspended after service of forty-five (45) days, and
fined him one thousand eight hundred dollars. AFFIRMED.

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

STATE OF TENNESSEE
vs.
CHRISTIAN KING FISHER

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:

JIM W. STAMBAUGH                    JOHN KNOX WALKUP
P. O. Box 1003                      Attorney General and Reporter
Morristown, TN 37816-1003               
                                    MARVIN E. CLEMENTS, JR.
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    C. BERKELEY BELL
                                    District Attorney General
                        
                                    VICTOR VAUGHN
                                    Asst District Attorney General
                                    510 Allison Street
                                    Morristown, TN 37814                        

Judge: RILEY

First Paragraph:

Defendant, Christian King Fisher, was convicted by a Hamblen County
jury of driving under the influence of an intoxicant and speeding. 
The sole issue in this appeal is whether the trial court denied the
defendant his right to an impartial jury by failing to excuse certain
jurors for cause.  We AFFIRM the judgment of the trial court.
AFFIRMED.

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

STATE OF TENNESSEE
vs.
CHRISTIAN KING FISHER

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

WILLIAM H. BELL                     JOHN KNOX WALKUP
P.O. Box 1876                       Attorney General & Reporter
Greeneville, Tennessee 37743
                                    TIMOTHY F. BEHAN
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, Tennessee 37243 0493

                                    C. BERKELEY BELL, JR.
                                    District Attorney General

                                    ERIC D. CHRISTIANSEN
                                    Asst District Attorney General
                                    113-J West Church St.
                                    Greeneville, TN 37743                         

Judge: RILEY

First Paragraph:

Defendant, Joseph L. Fletcher, appeals as of right a jury conviction
for driving under the influence (DUI), second offense.  He was
sentenced to eleven months and twenty-nine days and fined $610. 
AFFIRMED.

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

JERRY W. HARDIN
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

WILLIAM H. BELL                     JOHN KNOX WALKUP
P.O. Box 1876                       Attorney General & Reporter
Greeneville, Tennessee 37743
                                    TIMOTHY F. BEHAN
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, Tennessee 37243 0493

                                    C. BERKELEY BELL, JR.
                                    District Attorney General

                                    ERIC D. CHRISTIANSEN
                                    Asst District Attorney General
                                    113-J West Church St.
                                    Greeneville, TN 37743                         

Judge: SUMMERS

First Paragraph:

The appellant, Jerry W. Hardin, appeals pro se from a judgment entered
by the Henry County Circuit Court.  On appeal, he contends that the
trial court erred in dismissing his two pro se petitions for
post-conviction relief.  Appellant alleges that he was not fully
advised of his rights when he pled guilty in May 1977 to forgery and
that he was denied effective assistance of counsel because his
attorney failed to file an appeal of the appellant's July 1977 robbery
conviction.  Appellant filed his petitions for post-conviction relief
in these two cases on March 21, 1996.  On April 16, 1996, the trial
court dismissed the two petitions. AFFIRMED.

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

STATE OF TENNESSEE
vs.
RODNEY PERNELL HAWKINS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

Mary Katherine Longworth            Charles W. Burson
Attorney at Law                     Attorney General & Reporter 
Suite One, 410 Wharf Street
P.O. Box 501                        Robin L. Harris   
Loudon, TN 37774                    Assistant Attorney General
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493
                                    
                                    Charles Hawk
                                    District Attorney General
    
                                    Frank A. Harvey
                                    Asst. Dist. Attorney General
                                    P.O. Box 703
                                    Kingston, TN 37763-0703                         

Judge: SUMMERS

First Paragraph:

The appellant, Rodney Pernell Hawkins, was indicted on one count of
possession of cocaine with intent to sell, one count of possession of
cocaine with intent to deliver, and one count of possession of an open
container of alcohol in a motor vehicle.  The appellant made a motion
to suppress the package of cocaine seized from his vehicle and his
statements given to the police.  Following a hearing, the trial court
denied the appellant's motion to suppress finding that the search and
seizure was conducted as a result of the plain view sighting of the
contraband.  The appellant pled guilty to the charge of possession of
cocaine with intent to sell, reserving the right under Tenn. R. Crim.
P. 37(b)(2)(I) to appeal a certified question of law, dispositive of
his case.  The  two remaining counts against the appellant were
dismissed.  In essence, the appellant asks this Court to determine
whether the search and seizure of contraband from his vehicle was
unconstitutional.  We find the actions constitutional and affirm the
judgment of the trial court.  AFFIRMED.

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

STATE OF TENNESSEE
vs.
TONY LEON HIGGS

Court:TCCA

Attorneys:  

For Appellant:                      For Appellee:

Gary Antrican                       Charles W. Burson
District Public Defender            Attorney General & Reporter

Jeannie Kaess                       Kenneth W. Rucker 
Asst. District Public Defender      Assistant Attorney General
118 East Market Street              Criminal Justice Division 
P.O. Box 700                        450 James Robertson Parkway
Somerville, TN  38068               Nashville, TN  37243-4351       

                                    Elizabeth Rice
                                    District Attorney General 
    
                                    Jerry Norwood 
                                    Asst. District Attorney General
                                    302 Market Street 
                                    Somerville, TN  38068                        

Judge: WADE

First Paragraph:

The defendant, Tony Leon Higgs, was convicted of aggravated burglary
and theft of property valued over $1,000.00 but less than $10,000.00. 
The trial court imposed Range II, seven- and four-year sentences,
respectively.  The sentences are to be served concurrently.  AFFIRMED.

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

STATE OF TENNESSEE
vs.
TERI L. HOPSON

Court:TCCA

Attorneys: 

For Appellant:                      For Appellee:

James T. Bowman                     Charles W. Burson
Attorney at Law                     Attorney General & Reporter
128 East Market Street
Johnson City, TN  37604             Glenn Erikson
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493
                                                
                                    Joe Crumley
                                    Asst District Attorney General
                                    P.O. Box 38
                                    Jonesborough, TN  37659                         

Judge: WADE

First Paragraph:

The defendant, Teri L. Hopson, was convicted after a bench trial of
DUI second offense.  The trial court sentenced her to eleven months,
twenty-nine days; the defendant is to serve forty-five days in jail at
100 percent with the possibility for work release.  Her driver's
license was revoked for two years.  Proof on a defense motion to
suppress evidence was presented during the course of the bench trial;
a ruling that the arrest was lawful was made at the conclusion of the
trial. AFFIRMED.

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

STATE OF TENNESSEE
vs.
TERI L. HOPSON

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

JEFFREY ALLEN HUDSON, (pro se)      JOHN KNOX WALKUP 
STSRCF, Route 4 Box 600             Attorney General & Reporter
Pikeville, TN  37367
                                    SARA M. BRANCH
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493

                                    JAMES MICHAEL TAYLOR
                                    District Attorney General

                                    JAMES W. POPE, III
                                    Asst District Attorney General
                                    265 Third Avenue, Suite 300
                                    Dayton, TN  37321                         

Judge: WOODALL

First Paragraph:

This is an appeal as of right by Jeffrey Allen Hudson from the trial
court's order dismissing his petition for writ of habeas corpus.  The
Circuit Court of Bledsoe County, Tennessee dismissed the petition
without an evidentiary hearing based upon a finding that the judgment
of conviction was facially valid.  We note that the fifty (50) year
sentence imposed upon Petitioner in 1987 has not yet expired.  The
Petitioner raises two (2) issues in his appeal.  He argues that the
trial court erred by ruling the judgment of conviction was voidable
rather than void and that the trial court erred by treating his writ
of habeas corpus as a petition for post-conviction relief.  We find no
merit in either one of the Appellant's issues, and affirm the trial
court. AFFIRMED.

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

ROBERT D. JEFFERSON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

For Appellant:                      For Appellee:

Robert D. Jefferson                 Charles W. Burson
Pro Se                              Attorney General & Reporter
No. 13936-076 
Federal Correctional Institute      William David Bridgers
P.O. Box 34550                      Assistant Attorney General
Memphis, TN  38134-0550             450 James Robertson Parkway
                                    Nashville, TN  37243-0493
                                                
                                    Lee V. Coffee 
                                    Asst. District Attorney General
                                    Criminal Justice Center
                                    201 Poplar Avenue, Suite 301
                                    Memphis, TN  38103                        

Judge:  Jones

First Paragraph:

The petitioner, Robert D. Jefferson, appeals the trial court's denial
of his petition for post-conviction relief.  The issue presented for
review is whether the trial court correctly dismissed the petition
without an evidentiary hearing on the basis that it was barred by the
statute of limitations.  We affirm the judgment of the trial court.
AFFIRMED.

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

STATE OF TENNESSEE
vs.
FREDERICK JORDAN

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

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

MOZELLA ROSS (at trial)             ELLEN H. POLLACK
Assistant Public Defender           Assistant Attorney General
201 Poplar Ave., Ste. 201           450 James Robertson Parkway
Memphis, TN   38103                 Nashville, Tennessee   37243 0493

WALKER GWINN (on appeal)            WILLIAM L. GIBBONS
Assistant Public Defender           District Attorney General
201 Poplar Ave., Ste. 201                           
Memphis, TN   38103                 DAVID P. SHAPIRO
                                    Asst District Attorney General
                                    201 Poplar Ave. Ste. 301
                                    Memphis, Tennessee   3810                         

Judge: RILEY

First Paragraph:

The defendant, Frederick Jordan, appeals as of right a jury conviction
of three counts of aggravated robbery.  He received an effective
sentence of thirty (30) years.  The sole issue for review is whether
the evidence is sufficient to sustain the conviction.  We  AFFIRM  the
judgment of the trial court. AFFIRMED.

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

ALBERT LEWIS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

JAMES A. COHEN                      CHARLES W. BURSON
Attorney at Law                     Attorney General and Reporter
200 Jefferson Avenue    
Suite 925                           SARAH M. BRANCH
Memphis, TN  38103                  Assistant Attorney General                          
                                    Criminal Justice Division
                                    450 James Robertson Parkway
JEANNE REA                          Nashville, TN 37243 0493        
Attorney at Law     
6000 Poplar Avenue                      
Suite 401                           WILLIAM GIBBONS
Memphis, TN  38117                  District Attorney General

                                    REGINALD HENDERSON
                                    Asst. District Attorney General
                                    Shelby County District 
                                        Attorney's Office
                                    Criminal Justice Complex
                                    201 Poplar Avenue, Third Floor
                                    Memphis, TN  38103                         

Judge: Hayes

First Paragraph:

The appellant, Albert Lewis, appeals from the dismissal of his
petition for post-conviction relief.  On December 17, 1991, the
appellant pled guilty in the Shelby County Criminal Court to three
counts of aggravated rape, and, on January 10, 1992, to one count of
aggravated robbery.  He received a sentence of twenty years for each
aggravated rape conviction and a sentence of eight years for the
aggravated robbery conviction.  All sentences were ordered to run
concurrently.  On March 2, 1994, the appellant filed a petition for
post-conviction relief alleging that his guilty pleas were not entered
knowingly and voluntarily and that he received the ineffective
assistance of counsel.  Specifically, he contends that his pleas were
not voluntary because neither counsel nor the trial court advised him
of his Fifth Amendment right against self-incrimination.  In reference
to his ineffective assistance of counsel claim, he alleges that trial
counsel failed to file pre-trial motions, failed to interview
potential witnesses, and misinformed him of his release date. The
post-conviction court conducted an evidentiary hearing and denied
relief.  The appellant now appeals this denial. AFFIRMED.

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

WILLIE ED MAYS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:

CHARLES S. KELLY                    JOHN KNOX WALKUP
802 Troy Ave.                       Attorney General & Reporter
Dyersburg, TN   38205-0507
                                    ELLEN H. POLLACK
                                    Asst. Attorney General
                                    450 James Robertson Pkwy.
                                    Nashville, TN  37243-0493
                
                                    C. PHILLIP BIVENS
                                    District Attorney General
                                    P. O. Box E
                                    Dyersburg, TN 38025                        

Judge: PEAY

First Paragraph:

The petitioner was convicted by a jury of selling over .5 grams of
cocaine.  Following his conviction, he pled guilty to two other
charges of selling over .5 grams of cocaine in exchange for concurrent
sentences on all three convictions.  In conjunction with that plea, he
waived his right to appeal the initial conviction.  After a hearing in
August 1995, he was sentenced to ten years on the initial conviction,
and ten years, six months on each of the two subsequent convictions. 
All sentences were run concurrently.  The petitioner filed for
post-conviction relief, alleging ineffective assistance of counsel in
conjunction with his trial and subsequent guilty pleas.  After a
hearing, the court below denied relief. We affirm. AFFIRMED.

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

MARCUS McCRARY
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:


RICHARD F. VAUGHN                   CHARLES W. BURSON
1928 - 100 N. Main                  Attorney General & Reporter
Memphis, TN   38103
                                    DEBORAH A. TULLIS
                                    Asst. Attorney General
                                    450 James Robertson Pkwy.
                                    Nashville, TN  37243-0493
                
                                    WILLIAM L. GIBBONS
                                    District Attorney General

                                    ALANDA HORNE
                                    Asst. District Attorney General
                                    201 Poplar Ave. -- 3rd Floor
                                    Memphis, TN   38103                         

Judge: PEAY

First Paragraph:

The petitioner pled guilty to one count of voluntary manslaughter for
which he received a plea bargained sentence of six years to be served
consecutively to a prior sentence.  He subsequently filed for
post-conviction relief alleging ineffective assistance of counsel, and
that his guilty plea was not entered knowingly and voluntarily because
he thought his six year sentence was going to be served concurrently
with the prior sentence.  After a hearing, the court below denied
relief finding "no substantial evidence that [the petitioner's lawyer]
failed to consult with and advise [him] with a reasonable exercise of
professional discretion" and that her "performance fell well within
the acceptable range of competency for lawyers in criminal cases." 
The court below further found that the petitioner's guilty plea "was
knowingly made and that adequate measures were employed to assure the
protection of [his] constitutionally guaranteed rights."  Upon our
review of the record, we find that the evidence does not preponderate
against the lower court's findings.  Accordingly, the judgment below
is affirmed in accordance with Rule 20 of the Court of Criminal
Appeals of Tennessee. AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/mccrarym_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

LESTER PAGE
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

LESTER PAGE (on petition)           JOHN KNOX WALKUP
Pro Se                              Attorney General & Reporter
Federal Correctional Institute
P.O. Box 34550                      ELLEN H. POLLACK
Memphis, TN   38184-0550            Assistant Attorney General
                                    450 James Robertson Parkway
D. TYLER KELLY  (appeal only)       Nashville, Tennessee   37243-0493
P.O. Box 98
Jackson, Tennessee 38302            WILLIAM L. GIBBONS
                                    District Attorney General   
                            
                                    JENNIFER NICHOLS
                                    Asst District Attorney General
                                    201 Poplar Ave. Ste. 301
                                    Memphis, Tennessee   38103 1947                          

Judge: RILEY

First Paragraph:

Petitioner, Lester Page, appeals the trial court's summary denial of
post conviction relief.  In 1991, petitioner entered guilty pleas and
was convicted of two (2) counts of simple possession of cocaine.   His
effective sentence was eleven (11) months and twenty-nine (29) days in
the local correctional facility.  On March 21, 1996, petitioner filed
for post-conviction relief claiming that the above guilty pleas were
involuntary and unknowingly entered.   Without an evidentiary hearing,
the trial court dismissed the petition as time-barred.  The judgment
of the trial court is AFFIRMED.

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

STATE OF TENNESSEE
vs.
JOE L. PATRICK, SR.

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE;

THOMAS T. WOODALL(appeal only)      JOHN KNOX WALKUP
203 Murrell Street                  Attorney General and Reporter
P. O. Box 1075          
Dickson, TN 37056-1075              ELLEN H. POLLACK
                                    Assistant Attorney General
GARY ANTRICAN                       450 James Robertson Parkway
District Public Defender            Nashville, TN 37243-0493    

C. MICHAEL ROBBINS                  ELIZABETH T. RICE
(at trial & of counsel on appeal)   District Attorney General
Assistant Public Defender           302 Market Street
118 East Market Street              P. O. Box 302
P. O. Box 700                       Somerville, TN 38068-0302
Somerville, TN 38068-0700                                

Judge: RILEY

First Paragraph:

Defendant, Joe L. Patrick, Sr., was convicted by a jury in the
Lauderdale County Circuit Court of the offense of aggravated sexual
battery and sentenced to eight (8) years in the Department of
Correction. AFFIRMED.

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

STATE OF TENNESSEE
vs.
JOE L. PATRICK, SR.

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

RICHARD W. DEBERRY                  JOHN KNOX WALKUP
Asst District Public Defender       Attorney General and Reporter
24th Judicial District  
P. O. Box 663                       JANIS L. TURNER
Camden, TN  38320                   Counsel for the State
                                    450 James Robertson Parkway
                                    Nashville, TN  37243

                                    ROBERT RADFORD
                                    District Attorney General
                
                                    JOHN OVERTON
                                    Assistant District Attorney
                                    Hardin County Courthouse
                                    Savannah, TN  38372
                          

Judge: SMITH

First Paragraph:

A Hardin County Circuit Court jury found Appellant Albert Dewaynn
Porter guilty of selling cocaine in excess of 0.5 grams.  As a Range I
standard offender, he received a sentence of ten years in the
Tennessee Department of Correction.  In this direct appeal, Appellant
presents the following issues for review:  (1) whether the evidence
presented at trial is legally sufficient to sustain a conviction; (2)
whether the trial court erred in refusing to give a procuring agent
jury instruction; (3) whether the prosecution's use of a peremptory
challenge to dismiss a black prospective juror was racially motivated;
and (4) whether the sentence is excessive. After a review of the
record, we affirm the judgment of the trial court. AFFIRMED.

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

STATE OF TENNESSEE
vs.
COURTNEY PRICE, 
A.K.A. COURTNEY ROBERTSON

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

Tom W. Crider                       Charles W. Burson
District Public Defender            Attorney General & Reporter 

J. Diane Stoots                     Deborah A. Tullis
Assistant Public Defender           Assistant Attorney General
107 South Court Square              450 James Robertson Parkway
Trenton, TN 38382                   Nashville, TN 37243-0493
    
                                    Clayburn Peeples
                                    District Attorney General
                                    110 South College Street
                                    Suite 200
                                    Trenton, TN 38382                         

Judge: SUMMERS

First Paragraph:

The appellant, Courtney Price, a.k.a. Courtney Robertson, pled guilty
to two counts of the illegal sale of a controlled substance.  He was
sentenced as a Range I offender and placed in the Community
Corrections Program for four years on each count, to be served
concurrently. The trial court subsequently ordered the appellant
arrested because he had violated his community corrections sentence by
failing to obtain employment and by failing three drug screening
tests.   Despite the appellant's violation of his community
corrections sentence, the trial court ordered that he be reinstated to
the Community Corrections Program and that he find full-time
employment by a certain date.   Shortly thereafter, the trial court
ordered the appellant arrested because he failed to appear at his
hearing to show that he had obtained employment.  The trial court then
revoked the appellant's community corrections sentence and resentenced
him to six years in the Tennessee Department of Correction, thereby
increasing his original sentence from four years to six years.
REVERSED AND REMANDED.

URL:http://www.tba.org/tba_files/TCCA/PRICECOU_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

KEVIN D. ROBERTSON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

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

DIANE THACKERY (hearing)            SARAH M. BRANCH
WALKER GWINN (appeal)               Assistant Attorney General
Asst District Public Defenders      450 James Robertson Parkway
Shelby Cty PD's Office              Nashville, TN 37243-0493
201 Poplar Avenue, Suite 201
Memphis, TN 38103                   JOHN W. PIEROTTI
                                    District Attorney General

                                    REGINALD HENDERSON
                                    Asst District Attorney General
                                    201 Poplar Avenue, 3rd Floor
                                    Memphis, TN 38103                          

Judge: RILEY

First Paragraph:

The petitioner, Kevin D. Robertson, appeals an order of the Shelby
County Criminal Court dismissing his petition for post-conviction
relief.  Petitioner is presently serving concurrent 50-year sentences
after he pled guilty to two (2) counts of second degree murder.  In
his petition, he alleges that trial counsel did not adequately prepare
for trial and misrepresented certain facts in order to coerce him into
pleading guilty; therefore, he claims that counsel was ineffective. 
After a hearing, the trial court denied post-conviction relief.  We
AFFIRM the judgment of the trial court. AFFIRMED.

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

VICTOR REYNOLDS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:

VICTOR REYNOLDS, pro se             JOHN KNOX WALKUP
Cold Creek Correctional Facility    Attorney General and Reporter
P.O. Box 1000
Henning, TN 38041-1000              GEORGIA BLYTHE FELNER
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    WILLIAM L. GIBBONS
                                    District Attorney General

                                    ALANDA HORNE
                                    Asst District Attorney General
                                    Criminal Justice Complex, Se 301
                                    201 Poplar Avenue
                                    Memphis, TN 38103                        

Judge: RILEY

First Paragraph:

The petitioner, Victor Reynolds, appeals the order of the Criminal
Court of Shelby County dismissing his petition for post-conviction
relief.  The trial court dismissed the petition without an evidentiary
hearing on the basis that the petition was barred by the statute of
limitations.  Additionally, the trial court found that previous
petitions for post-conviction relief had been filed and dismissed, and
petitioner presented no new issues "which would be properly addressed"
in a post-conviction petition.  AFFIRMED.

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

STATE OF TENNESSEE
vs.
MARCUS ANTHONY ROBINSON

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

Robert D. Lawson, Jr.               Charles W. Burson
Attorney at Law                     Attorney General & Reporter 
Suite 200 Market Court 
537 Market Street                   TImothy F. Behan
Chattanooga, TN 37402-1225          Assistant Attorney General
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    Gary D. Gerbitz
                                    District Attorney General

                                    Leland Davis
                                    Asst District Attorney General

                                    David Denny
                                    Asst District Attorney General
                                    Courts Building
                                    600 Market Street
                                    Chattanooga, TN 37402                          

Judge: SUMMERS

First Paragraph:

The appellant, Marcus Anthony Robinson, was convicted by a jury of
attempted aggravated robbery and aggravated assault.  He was sentenced
to six years incarceration on each conviction.  The sentences were
ordered to run consecutively for an effective sentence of twelve
years.  On appeal he raises the following issues for our review: 1) 
whether he was improperly convicted of both attempted aggravated
robbery and aggravated assault;  2) whether the state improperly
excluded a juror on the basis of race;  3)  whether the trial court
erred in failing to sever his trial from that of his codefendants; and
4)  whether the trial court erred in allowing him to be tried in
absentia.  Upon review, we reverse in part and affirm in part. 
REVERSED IN PART; AFFIRMED IN PART.

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

STATE OF TENNESSEE
vs.
JOE DAVID SLOAN

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

JOHN KNOX WALKUP                    CLIFFORD K. McGOWN, JR.
Attorney General and Reporter           (appeal only)
                                    113 North Court Square
KENNETH W. RUCKER                   P.O. Box 26
Assistant Attorney General          Waverly, TN 37185
450 James Robertson Parkway
Nashville, TN 37243-4351            GEORGE MORTON GOOGE
                                    (at trial & of counsel on appeal)
JERRY WOODALL                       District Public Defender
District Attorney General
                                    STEPHEN P. SPRACHER
SHAUN A. BROWN                      (at trial & of counsel on appeal)
Asst District Attorney General      Assistant Public Defender
Lowell Thomas State Office Bldg     227 West Baltimore Street
225 Martin Luther King Drive        Jackson, TN 38301
Jackson, TN 38301
                          
Judge: RILEY

First Paragraph:

Pursuant to Rule 3(c) of the Tennessee Rules of Appellate Procedure,
the State of Tennessee appeals the order of the Circuit Court of
Madison County dismissing the indictment charging Joe David Sloan with
possession with the intent to sell and/or deliver methamphetamine, a
Schedule II controlled substance.  Sloan filed a pro se Motion to
Dismiss, and after a hearing, the trial court dismissed the
indictment.  We reverse the decision and remand to the trial court for
further proceedings. REVERSED AND REMANDED.

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

CHARLES R. SMITH
vs.
JIMMY HARRISON, WARDEN

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

CHARLES R. SMITH, pro se            JOHN KNOX WALKUP
Cold Creek Correctional Facility    Attorney General and Reporter
P.O. Box 1000
Henning, TN 38041-1000              DEBORAH A. TULLIS
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    ELIZABETH T. RICE
                                    District Attorney General
                                    302 Market Street
                                    Somerville, TN 38068                          

Judge: RILEY

First Paragraph:

The petitioner, Charles R. Smith, appeals the order of the Circuit
Court of Lauderdale County dismissing his petition for writ of habeas
corpus.  He is presently serving consecutive sentences of twelve (12)
years for the offense of rape and one (1) year for the offense of
sexual battery.  The trial court dismissed his petition without a
hearing.  We affirm the judgment of the trial court. AFFIRMED.

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

STATE OF TENNESSEE
vs.
MILTON SPEARS, JR.

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:


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

WALKER GWINN                        SARAH M. BRANCH
Asst. Public Defender               Counsel for the State
201 Poplar, Suite 2-01              450 James Robertson Pkwy.   
Memphis, TN   38103                 Nashville, TN  37243-0493
      (On appeal)               
                                    WILLIAM L. GIBBONS                
SHERRY BROOKS                       District Attorney General
Asst. Public Defender
201 Poplar                          REGINALD HENDERSON
Memphis, TN   38103                 Asst. District Attorney General
      (At trial level)              201 Poplar St., Suite 301
                                    Memphis, TN   38103                         

Judge: PEAY

First Paragraph:

The Shelby County District Attorney General petitioned to have the
defendant declared an habitual offender pursuant to the Motor Vehicle
Habitual Offenders Act, T.C.A. S 55-10-601 et seq.  The defendant
filed a motion to dismiss on double jeopardy grounds which the court
below dismissed.  Subsequently, the court below entered a consent
order declaring the defendant an habitual offender and barring him
from operating a motor vehicle in the State of Tennessee.  The
defendant signed this order.  He now appeals, alleging that the order
violates his constitutional protections against double jeopardy. 
AFFIRMED.

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

STATE OF TENNESSEE
vs.
JAMES WESLY STARNES

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

Michael L. Ainley                   Charles W. Burson
123 North Poplar                    Attorney General of Tennessee
Paris, Tennessee 38242              and
(AT TRIAL)                          Charlotte H. Rappuhn
                                    Asst Attorney General of Tennessee 
Guy T. Wilkins                      450 James Robertson Parkway     
District Public Defender            Nashville, TN 37243-0493
P.O. Box 663
Camden, TN 38320                    Robert Radford
(ON APPEAL)                         District Attorney General
                    
                                    Vicki L. Snyder
                                        and
                                    Todd Rose
                                    Asst District Attorneys General
                                    P.O. Box 686
                                    Huntingdon, TN 38344                         

Judge: Tipton

First Paragraph:

The defendant, James Wesly Starnes, appeals as of right from his
convictions by a jury in the Henry County Circuit Court for possession
of cocaine with the intent to deliver or sell, a Class B felony, and
for possession of marijuana with the intent to deliver or sell, a
Class E felony.  The trial court sentenced the defendant as a Range
II, multiple offender to concurrent terms of fifteen and four years,
respectively, in the custody of the Department of Correction.  The
trial court also imposed fines of twenty-five thousand dollars and 
five thousand dollars, respectively. AFFIRMED.

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

STATE OF TENNESSEE
vs.
JAMES WESLY STARNES

Court:TCCA

Attorneys:

For the Appellant:                  For the Appellee:

DANIEL J. TAYLOR                    CHARLES W. BURSON
Assistant Public Defender           Attorney General and Reporter
227 West Baltimore Street   
Jackson, TN  38301                  M. ALLISON THOMPSON
                                    Asst Attorney General   
GEORGE MORTON GOOGE                 Criminal Justice Division
District Public Defender            450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
                        
                                    JAMES G. (JERRY) WOODALL
                                    District Attorney General

                                    DONALD H. ALLEN
                                    Asst. District Attorney General
                                    P. O. Box 2825
                                    Jackson, TN 38302                          

Judge: Hayes

First Paragraph:

The appellant, William Herbert Stitts, was found guilty by a Madison
County jury of aggravated robbery, a class B felony.  Following his
conviction, the appellant was sentenced to twelve years in the
Department of Correction.  In this appeal as of right, the appellant
contends that the evidence is insufficient to support his conviction
for aggravated robbery.  After a review of the record, we affirm the
judgment of the trial court pursuant to Rule 20, Tenn. Ct. Crim. App.
R. AFFIRMED.

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

CLAUDE LEE TODD
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

ARCH B. BOYD, III                   JOHN KNOX WALKUP
217 Exchange Avenue                 Attorney General and Reporter
Memphis, TN 38105
                                    CLINTON J. MORGAN
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    WILLIAM L. GIBBONS
                                    District Attorney General

                                    JAMES J. CHALLEN, III
                                    Asst District Attorney General
                                    Criminal Justice Complex, # 301
                                    201 Poplar Avenue
                                    Memphis, TN 38103                          

Judge: RILEY

First Paragraph:

The petitioner, Claude Lee Todd, appeals an order of the Criminal
Court of Shelby County denying his petition for post-conviction
relief.  On appeal, petitioner challenges the validity of guilty pleas
entered in 1973 alleging he was not advised (1) of his right against
self-incrimination, and (2) that the guilty pleas could be used to
enhance punishment on subsequent convictions.  We affirm the judgment
of the trial court. AFFIRMED.

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

RICKY TUCKER
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

For the Appellant:              For the Appellee:

RICKY TUCKER, Pro Se            CHARLES W. BURSON
Register Number 99302           Attorney General and Reporter
Rt. 1, Box 330  
Tiptonville, TN  38079-9775     CLINTON J. MORGAN
                                Assistant Attorney General                          
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                        
                                WILLIAM GIBBONS
                                District Attorney General

                                ALANDA HORNE
                                Asst. District Attorney General
                                Criminal Justice Complex
                                Suite 301
                                201 Poplar Street
                                Memphis, TN  38103                        

Judge: Hayes

First Paragraph:

The appellant, Ricky Tucker, appeals the Shelby County Criminal
Court's denial of his petition for post-conviction relief.  The
appellant asserts that the trial court's jury instruction on
reasonable doubt was unconstitutional. After a review of the record,
we affirm the trial court's judgment.

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

ARTHUR MELVIN TURNER
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For Appellant:                      For Appellee:

Arthur Melvin Turner                Charles W. Burson
Pro Se                              Attorney General & Reporter
No. 13253-076 
Federal Correctional Institute      William David Bridgers
P.O. Box 34550                      Assistant Attorney General
Memphis, TN  38134-0550             450 James Robertson Parkway
                                    Nashville, TN  37243-0493
                                                
                                    Lorraine Craig 
                                    Asst. District Attorney General
                                    Criminal Justice Center
                                    201 Poplar Avenue, Suite 301
                                    Memphis, TN  38103                         

Judge: Hayes

First Paragraph:

The petitioner, Arthur Melvin Turner, appeals the trial court's denial
of his petition for post-conviction relief.  The issue presented for
review is whether the trial court correctly dismissed the petition
without an evidentiary hearing on the basis that it was barred by the
statute of limitations.  We affirm the judgment of the trial court.
AFFIRMED.

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

STATE OF TENNESSEE
vs.
CLINTON DARRELL TURNER

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

EDWARD CANTRELL MILLER              JOHN KNOX WALKUP 
District Public Defender            Attorney General & Reporter

SUSANNA LAWS THOMAS                 ELIZABETH T. RYAN
Assistant Public Defender           Assistant Attorney General
102 Mims Avenue                     450 James Robertson Parkway
Newport, TN  37821-3614             Nashville, TN  37243-0493

                                    ALFRED C. SCHMUTZER, JR.
                                    District Attorney General

                                    JAMES BRUCE DUNN 
                                    Asst District Attorney General
                                    339A East Main Street
                                    Newport, TN  37821                          

Judge: WOODALL

First Paragraph:

The Defendant, Clinton Darrell Turner, appeals as of right his
conviction and sentence for DUI.  Following a jury trial, the
Defendant was convicted of driving a motor vehicle while under the
influence of  an intoxicant and driving on a revoked license in the
Cocke County Circuit Court.  The trial court sentenced the Defendant
to eleven (11) months and twenty-nine (29) days on the charge of
driving while under the influence and six months for the charge of
driving on a revoked license.  The sentences were ordered to be served
concurrently.  The trial court suspended the entire sentence for the
conviction of driving on a revoked license.  On the DUI, the Defendant
was ordered to serve seven days in jail with the balance to be served
on probation.  In addition to challenging the sufficiency of the
evidence, Defendant also argues the trial court erred by allowing an
officer to testify as to field sobriety tests when the officer was not
trained to administer those tests.  The last issue the Defendant
raises is that the trial court erred by sentencing him to serve seven
days rather than the two (2) day minimum provided by law.  We affirm
the judgment of the trial court. AFFIRMED.

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

DONALD RAY TURNER
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                      FOR THE APPELLEE:


DONALD RAY TURNER, pro se               JOHN KNOX WALKUP
Inmate # 150280, unit 10-233            Attorney General & Reporter
P.O. Box 5000
Northeast Correctional Center           ELIZABETH T. RYAN                 
Mountain City, TN  37683                Asst. Attorney General
                                        450 James Robertson Pkwy.
                                        Nashville, TN  37243-0493

                                        DAVID CROCKETT
                                        District Attorney General
                                        Route 19, Box 99
                                        Johnson City, TN  37601                          

Judge: PEAY

First Paragraph:

On January 25, 1991, the petitioner pled guilty to numerous forgery
charges.  He filed a petition for writ of habeas corpus on February
22, 1996.  This petition was dismissed on April 1, 1996.  It is from
this dismissal that he now appeals. Upon review of the record in this
cause, we conclude that this is an appropriate case for affirmance
under Rule 20. AFFIRMED.

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

STATE OF TENNESSEE
vs.
ERNEST VICKERS, III

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

DANIEL D. WARLICK                   CHARLES W. BURSON
611 Commerce Street                 Attorney General and Reporter
Suite 2712, The Tower   
Nashville, TN  37203                ALBERT L. PARTEE, III   
                                    Senior Counsel                                  
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
                
                                    DENNIS GARVEY
                                    Assistant  Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0492
                         

Judge: Hayes

First Paragraph:

The appellant, Ernest Vickers, III,  was convicted by a Madison County
jury of one count of filing a false document with the Commissioner of
the Tennessee Department of Commerce and Insurance, Tenn. Code Ann. 
S48-2-121(c); five counts of securities fraud, Tenn. Code Ann. 
S48-2-121(a); and five counts of theft, Tenn. Code Ann. S 39-14-103. 
The eleven judgments of conviction reflect sentences for class C, D,
and E felonies. AFFIRMED

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

STATE OF TENNESSEE
vs.
RODNEY A. WHITE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

Raymond Mack Garner                 John Knox Walkup
District Public Defender            Attorney General and Reporter
318 Court Street                    450 James Robertson Parkway
Maryville, Tennessee 37804-4912     Nashville, Tennessee 37243 0493

Natalee Staats Hurley               Lisa A. Naylor
Assistant Public Defender           Assistant Attorney General
318 Court Street                    450 James Robertson Parkway
Maryville, Tennessee 37804-4912     Nashville, Tennessee 37243 0493

                                    Michael L. Flynn
                                    District Attorney General
                                    363 Court Street
                                    Maryville, Tennessee 37804 5906

                                    Charles A. Carpenter                                    
                                    Asst District Attorney General
                                    363 Court Street
                                    Maryville, Tennessee 37804 5906                          

Judge: Barker

First Paragraph:

The appellant, Rodney A. White, appeals as of right his sentence
following his plea of guilty for driving on a revoked license in
violation of the Motor Vehicle Habitual  Offenders Act, a Class E
felony.  The appellant argues on appeal that the trial court erred in
refusing to grant him full probation or in the alternative by not
allowing him to serve his sentence on community corrections. 
Additionally, the appellant argues that the trial court erred in
ordering a period of incarceration followed by community corrections. 
Having reviewed the record and finding no reversible error, we affirm
the trial court's judgment.  Affirmed.

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

JEFFERY D. YATES
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

A C Wharton, Jr.                    Charles W. Burson
Shelby County Public Defender       Attorney General & Reporter 

On Appeal                           Sarah M. Branch
Walker Gwinn                        Counsel for the State
Assistant Public Defender           450 James Robertson Parkway
                                    Nashville, TN 37243-0493
At Trial    
Donna Armstard                      William L. Gibbons
Assistant Public Defender           District Attorney General
Criminal Justice Complex
201 Poplar, Suite 201               Reginald Henderson
Memphis, TN 38103                   Asst District Attorney General
                                    Criminal Justice Complex
                                    201 Poplar, Suite 301
                                    Memphis, TN 38103                         

Judge: SUMMERS

First Paragraph:

The appellant, Jeffery D. Yates, was convicted by a jury of especially
aggravated kidnapping, aggravated kidnapping, and attempted aggravated
robbery.  He was sentenced to eighteen years for the especially
aggravated kidnapping, ten years for the aggravated kidnapping, and
five years for the attempted aggravated robbery.  His sentences are to
be served concurrently.  The appellant filed a pro se petition for
post-conviction relief alleging ineffective assistance of counsel, and
then his appointed attorney filed an amended petition for
post-conviction relief.  Also, a second pro se amended petition was
filed with the court.  The trial court denied the appellant relief at
a post-conviction hearing.  We affirm. AFFIRMED.

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

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