TBALink Opinion-Flash

August 4, 1997 -- Volume #3 -- Number #071

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
12-New Opinons From TCA
32-New Opinons From TCCA

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TBALink Chief Editor


SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL
August 4, 1997  

Court:TSC - Rules

URL:http://www.tba.org/tba_files/TSC_RULES/statelst_84.WP6
Opinion-Flash

CITICORP MORTGAGE, INC.
vs.
JOHN P. ROBERTS

Court:TCA

Attorneys:  

R. MARK GLOVER
MICHAEL C. PATTON
BAKER, DONELSON, BEARMAN,
 & CALDWELL, P.C.
Memphis, Tennessee
Attorneys for Appellant

TIM EDWARDS
JAMES F. HORNER
GLASSMAN, JETER, EDWARDS
& WADE, P.C.
Memphis, Tennessee
Attorneys for Appellee                        

Judge: HIGHERS

First Paragraph:

In this legal malpractice case, Citicorp Mortgage, Inc. ("Plaintiff")
filed suit against Wilburn Johns ("Johns"); Maddox & Roberts, a
Tennessee partnership; Michael Maddox ("Maddox"); John Roberts
("Roberts"); and Shelby Bank for Maddox's failure to make Plaintiff
the first lienholder on a certain piece of property.  This appeal,
however, focuses exclusively on Plaintiff's claim of malpractice
against Roberts.  In granting summary judgment in favor of Roberts in
both his individual and partnership capacities and in certifying its
order as a final judgment pursuant to Tenn. R. Civ. P. 54.02, the
trial court held that Plaintiff's cause of action was barred by the
one-year statute of limitations contained in T.C.A. S 28-3-104. 
Plaintiff appeals the judgment of the trial court arguing that the
trial court erred in granting summary judgment in favor of Roberts
because Plaintiff's action against Roberts is not barred by the
one-year statute of limitations. REVERSED & REMANDED.

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

CITICORP MORTGAGE, INC.
vs.
JOHN P. ROBERTS

Court:TCA

First Paragraph:

Defendants have filed a most respectful petition for rehearing of this
court's opinion which the court has considered and finds to be without
merit.  Each of the matters discussed in the petition for rehearing
were considered in the original opinion and found to be without merit.

URL:http://www.tba.org/tba_files/TCA/CURTIS1_ORD.WP6
Opinion-Flash

DANNY DANIEL
vs.
DONNA DANIEL

Court:TCA

Attorneys:

MARVIN BERKE, BERKE, BERKE & BERKE, Chattanooga, for
Plaintiff-Appellant.

PHILLIP C. LAWRENCE, FEENEY & LAWRENCE, PLLC, Chattanooga, for
Defendant-Appellee.
                          
Judge: Franks

First Paragraph:

In this divorce action the Trial Judge, at the conclusion of the
evidentiary hearing, made the following findings: Mr. Daniel has an
income of $1,500 a week, $6,450 a month gross.  He also has $2,000 a
month that comes in as rental income from some real property that he
owns. His tax return from last year shows an adjusted gross income of
$201,200.  That's $16,766 a month. If Mrs. Daniel makes $1,600 a
month, he still makes, based on last year's tax return, ten times the
income that she has. The parties have been married since 1979.  Mrs.
Daniel has worked as a nurse until her child was born.  She has
returned to working on the PRN basis as a nurse.  Her income since
February the 22nd, 1996 has been $6,800.

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

ROBERT E. EVANS
vs.
AMCASH MORTGAGE COMPANY INC.

Court:TCA

Attorneys:  

PHILIP D. IRWIN
PAMELA KING
NEAL & HARWELL
Nashville, Tennessee
Attorneys for Appellant

ROBERT E. EVANS, pro se
Nashville, Tennessee
                        
Judge: HIGHERS

First Paragraph:

In this defamation action, Robert Evans ("Plaintiff") filed suit
against Amcash Mortgage Company, Inc. ("Defendant") and Franklin
American Life Insurance Company for an alleged defamatory statement
made by Defendant's attorney to one of Defendant's employees.  In
granting the Defendant's motion for partial summary judgment, the
trial court dismissed Franklin American Corporation from the suit,
dismissed Plaintiff's claims against Defendant under a theory of
"slander by action," and held that a genuine issue of material fact
existed as to whether the statement made by Defendant's attorney to
one of Defendant's employees regarding the reason for Plaintiff's
employment termination is subject to a qualified privilege.  Defendant
appeals the judgment of the court below arguing that the trial court
erred in denying Defendant's motion for summary judgment regarding the
statement made by Defendant's attorney to one of Defendant's employees
concerning the reason for Plaintiff's employment termination because
the statement is subject to a qualified privilege and is not
defamatory in nature.  For the reasons stated hereafter, we reverse
the judgment of the trial court and hold that the statement made by
Defendant's attorney to one of Defendant's employees regarding the
reason for Plaintiff's employment termination is subject to a
qualified privilege and is not defamatory. REVERSED.

URL:http://www.tba.org/tba_files/TCA/EVANS1_OPN.WP6
Opinion-Flash

DAVID WAYNE GURIEN
vs.
ALLSTATE INSURANCE COMPANY

Court:TCA

Attorneys: 

MICHAEL P. MILLS
MICHELE E. COOPER
BREWER, KRAUSE, BROOKS & MILLS
Nashville, Tennessee
Attorneys for Appellant

KARYN C. BRYANT
JOHN D. VAUGHN
BOULT, CUMMINGS, CONNERS & BERRY
Nashville, Tennessee
Attorneys for Appellee                         

Judge: HIGHERS

First Paragraph:

In this breach of contract case, David Wayne Gurien ("Plaintiff")
filed suit against Allstate Insurance Company ("Defendant") for
Defendant's failure to compensate him for the theft of his automobile
pursuant to the terms of the insurance contract that he had with the 
Defendant.  The trial court awarded Plaintiff $18,300.00 in
compensatory damages and $4,575.00 for the Defendant's bad faith
refusal to pay under the terms of the insurance contract.  A motion to
alter or amend resulted in an adjustment of compensatory damages to
$17,300.00 to account for the deductible.  The issues on appeal relate
only to the award of the bad faith penalty. REVERSED.

URL:http://www.tba.org/tba_files/TCA/GURIEN1_OPN.WP6
Opinion-Flash

MARY HELEN PIERSON (JOHNSON)    
vs.
LUTHER WILLIAM JOHNSON

Court:TCA

Attorneys:                          

SAM WATRIDGE, Humboldt, Attorney for Plaintiff.
MITCH TOLLISON, Hawks & Tollison, Humboldt, Attorney for Defendant.

Judge: TOMLIN

First Paragraph:

Mary Helen Johnson (hereafter "Wife") filed suit for divorce in the
Chancery Court of Gibson County against Luther William Johnson
(hereafter "Husband") seeking a divorce on the grounds of
irreconcilable differences, along with division of marital property,
child custody, child support, etc. . . .   Husband filed a counter
complaint for divorce on the grounds of adultery, inappropriate
marital conduct and irreconcilable differences.  The chancellor
entered an Interim Decree of Divorce on October 23, 1995, which
granted a divorce to both parties upon stipulation, at the time
specifically reserving "the issues of property rights, child custody,
and paternity issues" until a hearing in early January, 1996.  These
issues were reserved for the Juvenile Court of Gibson County, which
was deemed to have proper jurisdiction over such issues.  The interim
decree of divorce also postponed any decision as to the division of
marital property. DISMISSED AND REMANDED.

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

EVELYN N. KEISLER
vs.
CHARLES H. KEISLER, SR.

Court:TCA

Attorneys: 

WANDA G. SOBIESKI and CINDY F. FOSTER, SOBIESKI, MESSER & ASSOCIATES,
Knoxville, for Plaintiff-Appellee.

MARTY McDONALD and JAY W. MADER, McDONALD, LEVY & TAYLOR, Knoxville,
for Defendant-Appellant.

Judge: Franks

First Paragraph:

In this divorce action the wife was granted a divorce on the ground of
adultery, and the Court ordered division of the marital properties,
granted rehabilitative alimony, and attorney's fees to the wife.  The
husband has appealed. The husband's issues on appeal are:
1.  Whether the Trial Court equitably divided the parties' marital
property in accordance with the provisions of T.C.A. S36-4-121 when
its division resulted in Mrs. Keisler receiving approximately $181,979
and Mr. Keisler receiving $155,441. 2.  Whether the Trial Court
erred in awarding Mrs. Keisler rehabilitative alimony in excess of her
needs and thus worked a punishment on Mr. Keisler. 3.   Whether the
trial court erred by ordering Mr. Keisler to pay attorney's fees for
Mrs. Keisler given the significant assets received by Mrs. Keisler
from the court's division of the parties' property.

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

TIMOTHY D. LEONARD
vs.
IRA L. CASEY and WESTERN 
WATERPROOFING COMPANY OF AMERICA, INC.

Court:TCA

Attorneys: 

Timothy D. Leonard, pro se
Fort Lauderdale, Florida    

Robert L. J. Spence, Jr.
Karen L. Schlesinger
Memphis, Tennessee
Attorneys for Appellees                          

Judge: HIGHERS

First Paragraph:

In this automobile accident case, Timothy Leonard ("Plaintiff") filed
suit against Ira Casey ("Defendant") and Western Waterproofing Company
of America ("Company") for injuries allegedly sustained when
Defendant, while driving a vehicle owned by his employer, Company, hit
Plaintiff from the rear.  The trial court granted Company's motion for
a directed verdict at the close of Plaintiff's proof and granted
judgment in favor of the Defendant based upon the jury's verdict. 
Plaintiff appeals the judgment of the trial court arguing that the
trial court erred in granting judgment in favor of the Defendant based
upon the jury's verdict. AFFIRMED.

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

BRIAN DAVID McCRAY
vs.
IRENE CAROL KLANSECK McCRAY

Court:TCA

Attorneys: 

WILLIAM S. FLEMING
207 West 8th treet
P. O. Box 90
Columbia, Tennessee 38402-0090
    Attorney for Plaintiff/Appellant

L. BRUCE PEDEN
MOORE & PEDEN
29 Public Square
P. O. Box 981
Columbia, Tennessee 38402-0981
    Attorney for Defendant/Appellee                         

Judge: CANTRELL

First Paragraph:

The record reveals that Brian McCray and Irene Klanseck were both born
in Detroit Michigan; that they married in 1972 when they were both
eighteen years old; that they became the parents of five sons and two
daughters; that Mr. McCray worked at a General Motors auto plant; and
that the wife also worked intermittently during the marriage in
addition to taking care of home and family.  In 1990 Brian McCray took
a job at the Saturn plant in Spring Hill, and the family moved to
Tennessee.  Shortly thereafter their youngest child was diagnosed with
cancer.  He died in 1992.

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

THE MIRAGE CASINO-HOTEL
vs.
J. ROGER PEARSALL

Court:TCA

Attorneys: 

KEITH V. MOORE
Memphis, Tennessee
Attorney for Appellant

BEN G. SISSMAN
DEBORAH A. BRANDON
FRIEDMAN, SISSMAN AND HEATON, P.C.
Memphis, Tennessee
Attorneys for Appellee                         

Judge: HIGHERS

First Paragraph:

In this action to enroll a foreign judgment, The Mirage Casino-Hotel
("Plaintiff") seeks to enforce a default judgment entered by the
District Court of Clark County, Nevada against J. Roger Pearsall
("Defendant") for non-payment of eight separate negotiable instruments
executed by him and made payable to the Plaintiff totaling
$100,000.00.  The trial court granted Plaintiff's motion to enroll the
foreign judgment of $115,178.00, plus post-judgment interest, against
the Defendant.  Defendant appeals the judgment of the court below
arguing that the trial court erred in enforcing the default judgment
of the Nevada District Court because enforcement of the judgment
violates public policy of the State of Tennessee.  AFFIRMED.

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

ELIZABETH O. SOUTH
vs.
ELWIN N. SOUTH, SR.

Court:TCA

Attorneys: 

DONNA HARKNESS, Memphis Legal Services, Inc., Memphis, Attorney 
for Plaintiff

ELWIN N. SOUTH, SR., PRO SE                           

Judge: TOMLIN

First Paragraph:

This a divorce case, in which Elwin N. South, Sr. (hereafter
"Husband"), Pro Se, appeals from a judgment of the Circuit Court of
Shelby County that granted a divorce and other relief to Elizabeth O.
South (hereafter "Wife"), the plaintiff herein.  He raises three
issues in this appeal: Whether the trial court erred in (1) In the
division of marital property; (2) In denying Husband's Motion to Set
Aside the Judgment or in the Alternative for a New Trial; and (3)
Denying Husband's Motion for the Appointment of Counsel for the
purposes of the trial. AFFIRMED.

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

BRUCE ALAN WRIGHT
vs.
PATRICIA RUTH WRIGHT

Court:TCA

Attorneys:

RICKY L. WOOD, Parsons, Attorney for Plaintiff.
LLOYD R. TATUM, Tatum and Tatum, Henderson, Attorney for Defendant.                         

Judge: TOMLIN

First Paragraph:

In this divorce case each of the parties disputes the division of
marital property and marital debt by the chancellor below, as well as
the ascertainment by the court of what property was marital property
and what property was previously owned by Husband. REMANDED.

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

STATE OF TENNESSEE
vs.
MATTHEW SCOTT ALBERTSON

Court:TCCA

Attorneys:   

FOR THE APPELLANT:                  FOR THE APPELLEE:

MARTELIA T. CRAWFORD                JOHN KNOX WALKUP
310A E. Broad St.                   Attorney General & Reporter
Cookeville, TN  38501
                                    CLINTON J. MORGAN
                                    Assistant Attorney General
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493    

                                    WILLIAM E. GIBSON
                                    District Attorney General

                                    OWEN G. BURNETT
                                    Asst. District Attorney General
                                    145 S. Jefferson Ave.
                                    Cookeville, TN  38501                       

Judge: WITT

First Paragraph:

The defendant, Matthew Scott Albertson, appeals the Putnam County
Criminal Court's denial of judicial diversion and straight probation
following the defendant's convictions of sale of cocaine and sale of
marijuana.  The trial court, Judge Leon Burns, Jr., presiding,
sentenced the defendant on the sale of cocaine conviction to four
years and suspended all but 90 days.  He ordered the confinement to be
served in the county jail with the balance of the sentence on
probation conditioned upon participation in Community Corrections. 
For the sale of marijuana conviction, the trial court imposed a
two-year sentence to be served in the same manner as the cocaine
sentence.  The sentences were ordered to be served concurrently.  The
defendant complains that the trial court erred in failing to grant him
judicial diversion, and alternatively, that he should have been
granted a completely probated sentence.  On review, we affirm the
judgment of the trial court. AFFIRMED AS MODIFIED.

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

TERRY LEE BLANFORD
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For Appellant:
Mark C. Scruggs
Attorney at Law
P.O. Box 158932
Nashville, TN  37215-8932
For Appellee:

Charles W. Burson
Attorney General & Reporter

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

Roger D. Moore
Assistant District Attorney General
Washington Square, Suite 500
222 Second Avenue, North
Nashville, TN  37201-1649                         

Judge: WADE

First Paragraph:

The petitioner, Terry Lee Blanford, appeals from the trial court's
dismissal of his first 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 failing to pursue the
defense of voluntary intoxication. AFFIRMED.

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

STATE OF TENNESSEE
vs.
TIMMY LYNN CASTLE

Court:TCCA

Attorneys:  

For the Appellant:                  For the Appellee:

Greg W. Eichelman                   Charles W. Burson
District Public Defender            Attorney General of Tennessee
     and                                and             
R. Russell Mattocks                 Georgia Blythe Felner
Assistant Public Defender           Asst Attorney General of Tennessee  
1609 College Park Drive, Box 11     450 James Robertson Parkway     
Morristown, TN 37813-1618           Nashville, TN 37243-0493

                                    C. Berkeley Bell, Jr.
                                    District Attorney General
                                    113J W. Church Street
                                    Greeneville, TN 37743
                                        and
                                    Douglas Godbee
                                    Asst District Attorney General
                                    Hawkins County Courthouse
                                    Rogersville, TN 37857                        

Judge: Tipton

First Paragraph:

The defendant, Timmy Lynn Castle, was convicted by a jury in the
Hawkins County Criminal Court for driving without a valid driver's
license, a Class B misdemeanor.  The trial court sentenced the
defendant to six months in the county jail to serve seventy-five
percent before being eligible for release.  The trial court also
imposed a fine of five hundred dollars.  In this appeal as of right,
the defendant contends that the trial court improperly considered
enhancement and mitigating factors in sentencing him to the maximum
sentence.  We disagree and affirm the trial court's judgment of
conviction. AFFIRMED.

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

LARRY J. CAWTHON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:

WILLIAM C. GOSNELL                  JOHN KNOX WALKUP
217 Exchange Avenue                 Attorney General and Reporter
Memphis, TN 38105               
                                    DEBORAH A. TULLIS
                                    Assistant Attorney General 
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    WILLIAM L. GIBBONS
                                    District Attorney General
            
                                    JOHN CAMPBELL
                                    Asst District Attorney General
                                    201 Poplar Avenue, Suite 301
                                    Memphis, TN 38103                        

Judge: RILEY

First Paragraph:

This is an appeal from the denial of post-conviction relief. 
Convicted of criminal attempt to commit rape and sentenced to twelve
(12) years as a Range III, Persistent Offender, petitioner alleges he
was deprived of effective assistance of counsel at his trial.  He
further contends the indictment is void.  We  AFFIRM  pursuant to Rule
20 of the Tennessee Court of Criminal Appeals. AFFIRMED.

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

STATE OF TENNESSEE
vs.
JAMES CLEMMONS

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:


ARDENA J. GARTH                     JOHN KNOX WALKUP
District Public Defender            Attorney General & Reporter

DONNA ROBINSON MILLER               JANIS L. TURNER                   
Asst. District Public Defender      Counsel for the State
701 Cherry St., Suite 300           450 James Robertson Pkwy.
Chattanooga, TN  37402              Nashville, TN  37243-0493

                                    GARY D. GERBITZ
                                    District Attorney General

                                    YOLANDA MITCHELL
                                    Asst. District Attorney General
                                    600 Market St., Suite 300
                                    Chattanooga, TN  37402                          

Judge: PEAY

First Paragraph:

On February 15, 1995, the defendant pled guilty to assault and
kidnapping.  He agreed to a suspended sentence of eleven months,
twenty-nine days for the assault conviction and a suspended sentence
of six years on the kidnapping conviction.  He additionally agreed to
supervised probation for the full six years, to perform fifty days of
service with Public Works, and to pay twenty-five dollars ($25) a
month restitution for a total of three hundred dollars ($300).
AFFIRMED.

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

STATE OF TENNESSEE
vs.
JAMES CLEMMONS

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

Karl Dean                           Charles W. Burson
District Public Defender            Attorney General of Tennessee
     and                                and
John D. Wiethe                      Eugene Honea
Cynthia Burns                       Assistant Attorney General
Assistant Public Defenders          450 James Robertson Parkway
1202 Stahlman Building              Nashville, TN 37243-0493
Nashville, TN 37201
                                    Victor S. Johnson, III
                                    District Attorney General
                                        and
                                    Roger Moore
                                    Don Himmelburg
                                    Asst District Attorneys General
                                    Washington Square
                                    222 2nd Avenue North
                                    Nashville, TN 37201-1649                         

Judge: PEAY

First Paragraph:

The defendant, Maruja Paquita Coleman, appeals as of right from her
judgment of conviction in the Criminal Court of Davidson County for
second degree murder, a Class A felony.  She was sentenced to
twenty-five years in the custody of the Department of Correction as a
Range I, standard offender to be served consecutively to a sentence
for which she had been on parole. AFFIRMED.

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

STATE OF TENNESSEE
vs.
RICKY DEAN COLE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

STEPHEN WALLACE (trial and appeal)  JOHN KNOX WALKUP
District Public Defender            Attorney General and Reporter
P. O. Box 839               
Blountville, TN 37517               SARAH M. BRANCH
                                    Assistant Attorney General
RANDALL E. REAGAN (appeal only)     450 James Robertson Parkway
602 Gay Street, Suite 905           Nashville, TN 37243-0493
Knoxville, TN 37209             

                                    H. GREELEY WELLS, JR.
                                    District Attorney General
                            
                                    PHYLLIS H. MILLER
                                    Asst District Attorney General
                                    P.O. Box 526
                                    Blountville, TN 37617-0526
                         
Judge: RILEY

First Paragraph:

Defendant, Ricky Dean Cole, was convicted by jury verdict of the
offenses of driving under the influence of an intoxicant, fourth
offense; simple possession of marijuana; and possession of drug
paraphernalia.  He was sentenced to eleven (11) months and twenty-nine
(29) days for each of the three offenses with two of the sentences
running concurrently and the other consecutively. AFFIRMED.

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

STATE OF TENNESSEE
vs.
WILLARD C. COOK, SR

with SEPARATE CONCURRING & DISSENTING OPINION

Court:TCCA

Attorneys:                          

For the Appellant:                  For the Appellee:

Robert S. Peters                    Charles W. Burson
100 First Avenue, S.W.              Attorney General of Tennessee
Winchester, TN 37398                    and             
                                    Sharon S. Selby
                                    Asst Attorney General of Tennessee                  
                                    450 James Robertson Parkway     
                                    Nashville, TN 37243-0493

                                    C. Michael Layne
                                    District Attorney General
                                        and
                                    Stephen E. Weitzman
                                    Asst District Attorney General
                                    307 S. Woodland
                                    P.O. Box 147
                                    Manchester, TN 37355
                                    
Judge: Tipton

First Paragraph:

The defendant, Willard C. Cook, Sr., was convicted by a jury in the
Coffee County Circuit Court of driving while under the influence of an
intoxicant.  He was sentenced to eleven months, twenty-nine days in
jail, to be suspended upon serving two hundred forty hours in
confinement, and fined three hundred fifty dollars. AFFIRMED.

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

EARL CRAWFORD, JR.
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

For the Appellant:                      For the Appellee:

Earl David Crawford, Jr., Pro Se        Charles W. Burson
TDOC #98108                             Attorney General of Tennessee
P.O. Box 279                                and             
  (AT TRIAL)                            Sandy R. Copous
                                        Asst Attorney General of Tenn
Kenneth F. Irvine, Jr.                  450 James Robertson Parkway     
606 W. Main St., Suite 350              Nashville, TN 37243-0493
Knoxville, TN 37901-0084
   (ON APPEAL)                          Jerry N. Estes
                                        District Attorney General
                                        203 E. Madison Avenue
                                        Athens, TN 37303-0647                        

Judge:  Tipton

First Paragraph:

The petitioner, Earl Crawford, Jr., appeals as of right from the
Bradley County Criminal Court's dismissal of his petition for
post-conviction relief without the appointment of counsel or the
chance to amend the petition.  He contends that the trial court erred
in dismissing the petition when it was incompetently drafted and that
he was entitled to counsel to amend the petition.  We affirm the
dismissal. AFFIRMED.

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

STATE OF TENNESSEE
vs.
JACKIE CROWE

Court:TCCA

Attorneys:   

For the Appellant:                  For the Appellee:

Charles M. Corn                     Charles W. Burson
District  Public Defender           Attorney General of Tennessee
53-A Central Ave., P.O. Box 1453        and             
Cleveland, TN 37364-1453            Robin L. Harris
                                    Asst Attorney General of Tennessee      
William Donaldson                   450 James Robertson Parkway     
Assistant Public Defender           Nashville, TN 37243-0493
110 1/2 Washington Ave., N.E.
Athens, TN 37303                    Jerry N. Estes
                                    District Attorney General
Laura Hendricks                         and
606 West Main Street                Sandra Donaghy
Suite 350                           Asst District Attorney General
Knoxville, TN 37901-0084            203 E. Madison Avenue
                                    P.O. Box 647
                                    Athens, TN 37371                       

Judge: Tipton

First Paragraph:

The defendant, Jackie Crowe, appeals as of right from the revocation
of his probation by the McMinn County Criminal Court.  He contends
that the trial court abused its discretion by revoking his probation. 
We affirm the trial court. AFFIRMED.

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

RONALD RICHARD HARRIES
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For the Appellant:                  For the Appellee:

Michael J. Passino                  John Knox Walkup
Lassiter, Tidwell & Hildebrand      Attorney General and Reporter
213 Fifth Avenue, North                         
Nashville, TN 37219                 Amy Tarkington          
                                    Assistant Attorney General
Peter Alliman                       450 James Robertson Parkway
Lee & Alliman                       Nashville, TN 37243-0493
Highway 411 North                       (On appeal)
P.O. Box 425
Madisonville, TN 37354              Glenn R. Pruden
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493
                                    (At hearing)

                                    H. Greeley Wells, Jr.                                   
                                    District Attorney General
                                    P.O. Box 526
                                    Blountville, TN 37617                          

Judge: Barker

First Paragraph:

In this capital case, appellant, Ronald Richard Harries, appeals as of
right the denial by the Sullivan County Criminal Court of his second
petition for post conviction relief.  He argues that the trial court
erred in finding that the jury's application of the felony-murder
aggravating circumstance in violation of the rule announced in State
v. Middlebrooks, 840 S.W.2d 317 (Tenn. 1992), was harmless beyond a
reasonable doubt.  In that respect, he also contends the trial court
erred by concluding that evidence of his alcohol and drug intoxication
at the time of the offense was not a mitigating factor within the
statute and that appellant's history of drug addiction was not
sufficient mitigating evidence which would have resulted in a lesser
punishment absent the application of the invalid aggravating
circumstance. AFFIRMED.

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

STATE OF TENNESSEE
vs.
LISA GOURLEY HUTCHINSON

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:


MACK GARNER                         JOHN KNOX WALKUP
District Public Defender            Attorney General & Reporter
419 High St.
Maryville, TN  37804                SARAH M. BRANCH     
                                    Counsel for the State
                                    450 James Robertson Pkwy.
                                    Nashville, TN  37243-0493

                                    MIKE FLYNN
                                    District Attorney General

                                    EDWARD P. BAILEY, JR.
                                    Asst. District Attorney General
                                    363 Court St.
                                    Maryville, TN  37804                            

Judge: PEAY

First Paragraph:


The defendant was indicted on January 31, 1994, on numerous charges of
passing bad checks.  She pled guilty to all the charges and was
sentenced.  In case #8140, the subject of this appeal, she was
sentenced to eleven months, twenty- nine days.  That sentence was to
be served under full probation following the conclusion of the other
sentences.  She served ninety days on the other sentences and was then
released and placed on probation.  While on probation for the other
sentences, she violated her conditions of probation and was
incarcerated for forty-five days.  After being released on April 10,
1996, she continued to be on probation and as a condition of her
probation was ordered to live at the Dismas House. AFFIRMED.

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

BILLY KILBURN
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

THOMAS T. WOODALL                   JOHN KNOX WALKUP
(appeal only)                       Attorney General & Reporter
203 Murrell St.                 
P.O. Box 1075                       DEBORAH A. TULLIS
Dickson, Tennessee   37056-1075     Assistant Attorney General
                                    450 James Robertson Parkway
JOSEPH P. ATNIP                     Nashville, Tennessee   37243-0493 
(at hearing & of counsel on appeal) 
District Public Defender            THOMAS A. THOMAS
111 Main Street                     District Attorney General
P.O. Box 734                    
Dresden, Tennessee  38225           JAMES T. CANNON                                 
                                    Asst District Attorney General
JAMES D. KENDALL                    P.O. Box 218
(at hearing)                        Union City, Tennessee 38261-0218
Assistant District Public Defender      
407 Perkins St.                         
Union City, Tennessee   38261                         

Judge:  RILEY

First Paragraph:

The appellant, Billy Kilburn, appeals the denial of post-conviction
relief.  On  August 8, 1990, the appellant was convicted of murder in
the first degree.  The conviction was affirmed on direct appeal.  On
March 20, 1996, the appellant filed his second pro se petition for
post-conviction relief alleging 1) the "reasonable doubt" jury
instruction given at his trial was unconstitutional, and 2) he
received ineffective assistance of trial counsel.  After appointing
counsel, but without holding an evidentiary hearing, the trial court
dismissed the petition.  The judgment of the trial court is AFFIRMED.

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

ERNEST LAWSON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

Ernest Lawson, Pro Se               Charles W. Burson
No. 131676                          Attorney General of Tennessee
W.T.H.S.F., P.O. Box 1050               and             
Henning, TN 38041                   Janis L. Turner
                                    Asst Attorney General of Tennessee                  
                                    450 James Robertson Parkway     
                                    Nashville, TN 37243-0493

                                    Jerry N. Estes
                                    District Attorney General
                                    203 E. Madison Avenue
                                    P.O. Box 647
                                    Athens, TN 37371                         

Judge: Tipton

First Paragraph:

The petitioner, Ernest Lawson, has appealed the McMinn County Criminal
Court denial of his motion to reopen his post-conviction case relative
to his 1990 conviction for facilitation to commit first degree murder.
 The trial court denied the motion because it was untimely, the ground
raised had been waived, and the ground was not entitled to relief. 
The petitioner contends that his motion was timely, that he was
entitled to the appointment of counsel, and that his claim of an
improper reasonable doubt instruction has merit under Rickman v.
Dutton, 864 F. Supp. 686 (M.D. Tenn. 1994).  We affirm the trial
court. AFFIRMED.

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

IVAN S. MACK
vs.
DON SUNDQUIST, et al.

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:


IVAN S. MACK, pro se                JOHN KNOX WALKUP
MCRCF, #83161                       Attorney General & Reporter
P.O. Box 2000
Wartburg, TN   37887                MICHAEL J. FAHEY, II
                                    Asst. Attorney General
                                    450 James Robertson Pkwy.
                                    Nashville, TN  37243-0493
                                         

Judge: PEAY

First Paragraph:


The petitioner was convicted in 1982 in Knox County of being a
habitual criminal and sentenced to life.  He filed a petition for writ
of habeas corpus alleging that he is entitled to relief because of the
1989 repeal of the habitual criminal statute.  The court denied
relief holding that "the law does not provide for nor requires [sic]
that a defendant already sentenced under existing sentencing laws is
entitled to have that earlier sentence modified or overturned in light
of subsequent sentencing law modifications."  We affirm.

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

STATE OF TENNESSEE
vs.
SARAH K. MADEWELL

Court:TCCA

Attorneys:  

For the Appellant:                  For the Appellee:

H. MARSHALL JUDD                    CHARLES W. BURSON
Assistant Public Defender           Attorney General and Reporter
215 Reagan Street   
Cookeville, TN  38501               GEORGIA BLYTHE FELNER
                                    Assistant Attorney General                          
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
                        
                                    WILLIAM EDWARD GIBSON
                                    District Attorney General

                                    ANTHONY J. CRAIGHEAD
                                    Asst. District Attorney General
                                    145 S. Jefferson Avenue
                                    Cookeville, TN  38501                        

Judge: Hayes

First Paragraph:

The appellant, Sarah K. Madewell, appeals as of right from her
conviction for driving while under the influence, second offense.  The
appellant's sole issue is whether the evidence presented at her jury
trial in the Putnam County Criminal Court was sufficient as a matter
of law to support her conviction. AFFIRMED.

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

STATE OF TENNESSEE
vs.
CURTIS LEE MAJORS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

JEFFREY A. DEVASHER                 CHARLES W. BURSON
Senior Assistant Public Defender    Attorney General and Reporter

STEPHEN G. YOUNG                    MICHAEL J. FAHEY II
Assistant Public Defender           Assistant Attorney General
1202 Stahlman Building              450 James Robertson Parkway
Nashville, TN 37201                 Nashville, TN 37243-0493

                                    VICTOR S. JOHNSON
                                    District Attorney General

                                    KATRIN N. MILLER
                                    Assistant District Attorney
                                    Washington Square, Suite 500
                                    222 Second Avenue North
                                    Nashville, TN 37201-1649                             

Judge: WELLES

First Paragraph:

This is an appeal as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure.  The Defendant, Curtis Lee Majors, was
convicted by a Davidson County jury of one count of aggravated robbery
and two counts of aggravated assault.  He was sentenced as a Range II,
multiple offender to seventeen years (17) for the aggravated robbery
conviction and nine (9) years for each conviction for aggravated
assault, all to be served concurrently.  In this appeal, the Defendant
raises several issues for review: (1) That the trial court erred by
failing to suppress the testimony of eyewitnesses because of an
impermissibly suggestive showup; (2) that the admission of an
audiotape of an unavailable witness was error; (3) that the special
jury instruction requiring the trial court to charge the length of
time the Defendant would serve before being paroled is
unconstitutional; and (4) that the sentences imposed were excessive. 
We affirm the Defendant's convictions, but modify the sentences.
AFFIRMED AS MODIFIED.

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

STATE OF TENNESSEE
vs.
ERNEST GENE MANN

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:

GALE FLANARY                        JOHN KNOX WALKUP
Assistant Public Defender           Attorney General and Reporter
P.O.Box 839         
Blountville, TN 37617               CLINTON J. MORGAN
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    H. GREELEY WELLS, JR.
                                    District Attorney General
                        
                                    GREG NEWMAN and 
                                    GENE PERRIN
                                    Asst District Attorney Generals
                                    P.O. Box 526
                                    Blountville, TN 37617                        

Judge: CRAFT

First Paragraph:

The defendant, Ernest Gene Mann, appeals as of right from an order
revoking his probation on three sexual battery convictions.  The
warrant for violation of probation alleged three violations: 1) that
the defendant committed a domestic violence assault, 2) that he used
an intoxicant to excess, and 3) that he failed to complete his sex
offender treatment program.  The state and defense tendered a guilty
plea to the trial judge, the defendant admitting guilt to the last two
charges, but pleading "no contest" to the domestic violence assault,
with an agreed sentence of 30 days in jail and then 6 months in a
community corrections program, a part of which would entail completion
of the sex offender treatment program.  The trial judge rejected the
settlement, feeling that  the defendant was statutorily ineligible for
community corrections, sexual battery being a crime of violence to the
person.  A hearing was then had on a not guilty plea, at which the
state called three witnesses. AFFIRMED.

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

STATE OF TENNESSEE
vs.
LARRY MASSEY

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:

C. DIANE CROSIER                    JOHN KNOX WALKUP
VANESSA BRYAN                       Attorney General and Reporter
Assistant Public Defenders
P.O. Box 68                         M. ALLISON THOMPSON
Franklin, TN 37065-0068             Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    JOE D. BAUGH, JR.
                                    District Attorney General

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

Judge: WELLES

First Paragraph:

The Defendant, Larry Massey, appeals as of right pursuant to Rule 3,
Tennessee Rules of Appellate Procedure.  He pleaded guilty on August
7, 1995 to theft of property over one thousand dollars ($1000) and was
granted judicial diversion pursuant to Tennessee Code Annotated
section 40-35-313.   He was to serve four years on probation and pay
restitution of fifteen hundred dollars ($1500) to the victim and two
thousand dollars ($2000) in fines and court costs.  Upon the
successful completion of the terms of his probation, the charges were
to be dismissed and his record expunged.  After a hearing on January
16, 1996, the trial court revoked his probation and ordered four years
of supervised probation with 120 days to be served in the county jail,
fifteen hundred dollars ($1500) restitution and two thousand dollars
($2000) in fines and court costs.  The Defendant presents two issues
in this appeal: (1) That the trial court erred in revoking his
probation; and (2) that the trial court erred in ordering him to serve
120 days incarcerated.  We affirm the judgment of the trial court.
AFFIRMED.

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

GARY S. MAYES
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

THOMAS H. MILLER                    CHARLES W. BURSON
P. O. Box 681662                    Attorney General and Reporter
Franklin, TN  37068-1662    
                                    DARYL J. BRAND
                                    Assistant Attorney General                          
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
                        
                                    VICTOR S. (TORRY) JOHNSON III
                                    District Attorney General

                                    JOHN ZIMMERMANN
                                    Asst. District Attorney General
                                    Washington Sq., Suite 500
                                    222-2nd Ave. N.
                                    Nashville, TN  37201-1649
                         
Judge: Hayes

First Paragraph:

The appellant, Gary S. Mayes, appeals from the denial of his petition
for habeas corpus relief.  Upon review, we conclude that affirmance of
the lower court's decision is proper pursuant to Rule 20, Tenn. Ct.
Crim. App. AFFIRMED.

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

STATE OF TENNESSEE
vs.
ALTHEA MYERS,
SAMUEL MYERS

Court:TCCA

Attorneys: 

FOR THE APPELLANTS:                 FOR THE APPELLEE:
                        
Althea Myers:                       Charles W. Burson
William C. Roberts, Jr.             Attorney General & Reporter
Attorney at Law
404 James Robertson Parkway         Karen M. Yacuzzo
Suite 1502                          Assistant Attorney General
Nashville, TN 37201                 Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493
Samuel Myers
Gregory D. Smith                    Victor S. Johnson III
Attorney at Law                     District Attorney General
One Public Square, Suite 321
Clarksville, TN 37040               Cheryl Blackburn
                                    Asst District Attorney General
                                    Washington Square, Suite 500
                                    222-2nd Avenue North
                                    Nashville, TN 37201-1649                         

Judge: SMITH

First Paragraph:

Appellant Althea Myers was convicted of possession with intent to
deliver or sell twenty-six grams or more of a controlled substance
containing cocaine and possession with intent to use unlawful drug
paraphernalia.  She was sentenced to serve sixty days and then be
placed in the Community Corrections Program for five years. AFFIRMED
(ALTHEA MYERS) APPEAL DISMISSED (SAMUEL MYERS).

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

STATE OF TENNESSEE
vs.
DONALD R. PARTON

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:

STEVE MERRITT                       JOHN KNOX WALKUP
116 E. Harper Avenue                Attorney General and Reporter
Maryville, TN 37804             
                                    SARAH M. BRANCH
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    MIKE FLYNN
                                    District Attorney General
                        
                                    PHILIP MORTON
                                    Asst District Attorney General
                                    363 Court Street
                                    Maryville, TN 37804                        

Judge: CRAFT

First Paragraph:


The defendant, Donald R. Parton, appeals as of right from the denial
of his application for alternative sentencing.  He entered guilty
pleas to two concurrent seven year sentences, to Aggravated Burglary
and Theft over $1,000.00, as a Range II Multiple Offender, and
requested relief from confinement so that he could complete a drug or
alcohol substance abuse program.  After a hearing, the trial judge
denied relief. AFFIRMED.

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

STATE OF TENNESSEE
vs.
TOMMY L. POINDEXTER

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

DANIEL A. SEWARD                    JOHN KNOX WALKUP
707 Adams Avenue                    Attorney General and Reporter
P.O. Box 11207
Memphis, TN 38111-0207              DEBORAH A. TULLIS
                                    Assistant Attorney General
                                    Cordell Hull Building, 2nd Floor
                                    425 Fifth Avenue North
                                    Nashville, TN 37243

                                    WILLIAM L. GIBBONS
                                    District Attorney General

                                    JERRY R. KITCHEN
                                    Asst District Attorney General
                                    Criminal Justice Center, 3rd Floor
                                    201 Poplar Avenue
                                    Memphis, TN 38103                          

Judge: RILEY

First Paragraph:

The defendant, Tommy L. Poindexter, was convicted by a Shelby County
jury of conspiracy to commit first degree murder and criminally
negligent homicide.  He was sentenced to consecutive sentences of
twenty-four (24) years for the offense of conspiracy to commit first
degree murder and three (3) years for the offense of criminally
negligent homicide.  On appeal, he challenges the sufficiency of the
convicting evidence for conspiracy to commit first degree murder.  He
further argues that the sentence of twenty-four (24) years is
excessive, and the trial court erred in imposing consecutive
sentences.  He does not appeal his conviction or sentence for
criminally negligent homicide.  We affirm the judgment of the trial
court. AFFIRMED.

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

ROGER D. PULLEY
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For Appellant:                      For Appellee:

Robert D. Massey                    Charles W. Burson
209 West Madison                    Attorney General & Reporter
P.O. Box 409 
Pulaski, TN  38478                  Peter Coughlan
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493
                                                
                                    Mike Bottoms 
                                    District Attorney General
                                    P.O. Box 459
                                    Lawrenceburg, TN  38464

                                    Stella Hargrove
                                    Asst District Attorney General
                                    10 Public Square 
                                    P.O. Box 1619
                                    Columbia, TN  38402-1619                          

Judge: WADE

First Paragraph:

The defendant, Roger D. Pulley, was convicted of five counts of
selling cocaine; all were Class B felonies.  The trial judge sentenced
the defendant to ten years on each offense and ordered all five
sentences to be served consecutively, for an effective sentence of
fifty years.  On direct appeal, this court reduced counts one and two
to Class C because the charging language in the indictment did not
include the amount of cocaine involved.  State v. Roger D. Pulley, No.
01C01-9501-CC-00013, slip op. at 9 (Tenn. Crim. App., at Nashville,
Sept. 20, 1995).  Because the trial judge failed to state on the
record the rationale for ordering all five sentences to be served
consecutively, there was a remand for resentencing.  Id.  At the
second sentencing hearing, the state presented no additional proof. 
Thereafter, the trial judge sentenced the defendant to six years each
on counts one and two and twelve years each on counts three, four, and
five.  Counts one and two are concurrent with each other; counts three
and four are consecutive to each other as well as counts one and two. 
Count five is concurrent with count four.  Thus, the effective
sentence is thirty years.  AFFIRMED AS MODIFIED.

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

STATE OF TENNESSEE
vs.
MICHAEL WILSON,               
SEAN KEVIN WILSON, and      
KENNETH QUILTER, JR.

Court:TCCA

Attorneys:  

FOR MICHAEL WILSON:                 FOR THE APPELLEE:

GARY LOVELLETTE                     JOHN KNOX WALKUP
Box 675                             Attorney General & Reporter
306 E. 12th
Cookeville, TN 38503-0675           MERRILYN FEIRMAN
                                    Assistant Attorney General
FOR SEAN KEVIN WILSON:              Criminal Justice Division
                                    450 James Robertson Parkway
CHARLES L. HARDIN                   Nashville, TN 37243-0493        
117 S. Jefferson Ave.
Cookeville, TN 38501                WILLIAM EDWARD GIBSON
                                    District Attorney General
FOR KENNETH QUILTER, JR.        
                                    BEN FANN and
CRAIG P. FICKLING                   DAVID A. PATTERSON
Ronald Thurman & Associates         Asst District Attorneys General
Arcade Building                     145 S. Jefferson Ave.
9C So. Jefferson                    Cookeville, TN 38501                        

Judge: WITT

First Paragraph:

The defendants, Michael Wilson, Sean Kevin Wilson, and Kenneth
Quilter, Jr., pleaded guilty to two counts of aggravated burglary in
Putnam County Criminal Court in Indictments No. 94-714 and No. 94-715
and to two counts of aggravated burglary in Cumberland County in
Indictment No. 3831.  Michael Wilson and Sean Kevin Wilson were
convicted by a Putnam County jury of aggravated burglary, theft, and
conspiracy to commit aggravated burglary and theft in #716.  Kenneth
Quilter, Jr., plead guilty to a single count of aggravated burglary in
#716.  AFFIRMED AS MODIFIED AND REMANDED.

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

STATE OF TENNESSEE
vs.
JIMMY L. REEDER

Court:TCCA

Attorneys:  

For the Appellant:                  For the Appellee:

HUGH GREEN                          CHARLES W. BURSON
100 Public Square                   Attorney General and Reporter
Lebanon, TN  37087  
                                    PETER M. COUGHLAN
                                    Assistant Attorney General                          
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
                        
                                    WILLIAM EDWARD GIBSON
                                    District Attorney General

                                    ANTHONY CRAIGHEAD
                                    Asst. District Attorney General
                                    145 South Jefferson
                                    Cookeville, TN  38501                        

Judge: Hayes

First Paragraph:

The appellant, Jimmy L. Reeder, appeals as of right from his
conviction  for driving while under the influence.  The appellant's
sole issue is whether the evidence presented at his bench trial in the
DeKalb County Circuit Court was sufficient as a matter of law to
support his conviction. AFFIRMED.

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

STATE OF TENNESSEE
vs.
MICHAEL ANTHONY REVLETT 

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

JOHN E. RODGERS, JR.                JOHN KNOX WALKUP
Attorney at Law                     Attorney General & Reporter
First American Center
315 Deaderick St., Ste. 1230        MERRILYN FEIRMAN
Nashville, TN  37238-1230           Assistant Attorney General
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493    

                                    VICTOR S. JOHNSON, III                              
                                    District Attorney General

                                    NICHOLAS BAILEY
                                    Asst. District Attorney General
                                    Washington Square
                                    222 - 2d Ave., Ste. 500
                                    Nashville, TN  37201-1649                          
 
Judge: WITT

First Paragraph:

The defendant, Michael Anthony Revlett a/k/a Mike Revlett, was
convicted following a jury trial of aggravated robbery and four counts
of aggravated assault.  The Davidson County Criminal Court, Judge
Thomas H. Shriver presiding, sentenced the defendant, a Range II
offender, to nine year sentences for each of the four aggravated
assault convictions, to be served concurrently to each other but
consecutively to a fifteen year sentence for the aggravated robbery
conviction.  In this direct appeal, the defendant alleges (1) the
trial court erred in allowing the jury to consider the offense of
aggravated assault on two counts of the indictment alleging aggravated
robbery, rather than dismissing these two counts of the indictment
outright, (2) the evidence is insufficient to support his convictions,
and (3) the sentence is excessive.  We affirm the judgment of the
trial court. AFFIRMED.

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

ALLEN LLOYD SMITH
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT                   FOR THE APPELLEE

A. James Andrews                    John Knox Walkup
606 West Main Street                Attorney General and Reporter
Knoxville, Tennessee 37902          450 James Robertson Parkway
(on appeal)                         Nashville, Tennessee 37243 0493
                    
William Brown                       Michael J. Fahey, II        
706 Walnut Street                   Assistant Attorney General
Suite 902                           450 James Robertson Parkway
Knoxville, TN  37902                Nashville, Tennessee 37243 0493
(at hearing)
                                    Randall E. Nichols
                                    District Attorney General
                                    P.O. Box 1468
                                    Knoxville, Tennessee 37901 1468

                                    Zane M. Scarlett
                                    Asst District Attorney General
                                    P.O. Box 1468
                                    Knoxville, Tennessee 37901 1468                         

Judge: Barker

First Paragraph:

The Appellant, Allen Lloyd Smith, appeals as of right the Knox County
Criminal Court's denial of his petition for post-conviction relief. 
He argues on appeal that his indictment was defective and that his
trial attorney provided ineffective assistance of counsel.  We have
reviewed the record on appeal and find no merit to the Appellant's
contentions.  Accordingly, we affirm the trial court's judgment.
AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/SMITHAL1_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
JOEY LEE SMITH

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

ANDREW JACKSON DEARING, III         JOHN KNOX WALKUP
117 South Main Street               Attorney General and Reporter
Suite 101
Shelbyville, TN  37160              MERRILYN FERRIMAN
                                    Assistant Attorney General
                                    500 Charlotte Avenue
                                    Nashville, TN  37243

                                    MIKE MCCOWN
                                    District Attorney General

                                    ROBERT G. CRIGLER
                                    GARY M. JONES
                                    Assistant District Attorney
                                    Bedford County Courthouse
                                    Shelbyville, TN  37160                         

Judge: SMITH

First Paragraph:

Appellant Joey Lee Smith was found guilty by a Bedford County Circuit
Court jury of one count of rape of a child, six counts of aggravated
sexual battery, one count of sexual battery, and two counts of
reckless endangerment.  As a Range I standard offender, Appellant
received a sentence of nineteen years imprisonment for rape of a
child, nine years imprisonment for the first count of aggravated
sexual battery, nine years imprisonment for the second count of
aggravated sexual battery, ten years for each of the remaining counts
of aggravated sexual battery, one year imprisonment for sexual
battery, and one year imprisonment for each count of reckless
endangerment.  The trial court ordered the sentences to be served
concurrently for an effective sentence of nineteen years.  On appeal,
Appellant alleges that the evidence was insufficient, as a matter of
law, to support his sexual offense convictions. AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/SMITHJOE1_ORD.WP6
Opinion-Flash

FRANK E. TEASLEY
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

Albert J. Newman, Jr.               Charles W. Burson
Burwell Bldg., Suite 500            Attorney General of Tennessee
602 South Gay Street                    and             
Knoxville, TN 37902                 Marvin E. Clements, Jr.
                                    Asst Attorney General of Tennessee                  
                                    450 James Robertson Parkway     
                                    Nashville, TN 37243-0493

                                    Randall E. Nichols 
                                    District Attorney General
                                        and
                                    Zane Scarlett
                                    Asst District Attorney General
                                    City-County Building
                                    Knoxville, TN 37902                         

Judge: Tipton

First Paragraph:

The petitioner, Frank E. Teasley, appeals as of right from the denial
of his petition for post-conviction relief by the Criminal Court for
Knox County.  He is presently serving an effective sentence of
forty-eight years in the custody of the Department of Correction for
his 1992 convictions based upon guilty pleas for two counts of rape,
aggravated kidnapping and robbery.  His sole issue on appeal is
whether the trial court erred in finding that he received the
effective assistance of counsel.  We conclude that the trial court was
correct. AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/TEASLEYF1_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
EDWARD M. THOMPSON

Court:TCCA

Attorneys:  

For the Appellant:                  For the Appellee:

Larry B. Hoover                     Charles W. Burson
500 Church Street                   Attorney General of Tennessee
Nashville, TN 37219                     and             
                                    Clinton J. Morgan
                                    Counsel for the State                               
                                    450 James Robertson Parkway     
                                    Nashville, TN 37243-0493

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

Judge: Tipton

First Paragraph:

The defendant, Edward M. Thompson, appeals as of right from his
convictions by a jury in the Davidson County Criminal Court for first
degree murder and especially aggravated robbery, a class A felony.  He
received a life sentence for the murder and as a Range I, standard
offender a concurrent eighteen-year sentence for the especially
aggravated robbery conviction. AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/THOMPSNE1_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
REGINOL L. WATERS

Court:TCCA

Attorneys:   

For Appellant:                      For Appellee:

Jeffrey A. Devasher                 Charles W. Burson
Assistant Public Defender           Attorney General & Reporter
1202 Stahlman Building
Nashville, TN  37201                Ruth Thompson
                                    Counsel for the State
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493
                                                
                                    Katie Miller
                                    Asst District Attorney General
                                    Washington Square                                   
                                    222 Second Avenue, Suite 500    
                                    Nashville, TN  37201-1649                       

Judge: WADE

First Paragraph:

The defendant, Reginol L. Waters, pled guilty to one count of official
misconduct and one count of theft over $10,000 and received one- and
four-year sentences respectively.  The trial court ordered the
defendant to serve ninety days in the Davidson County Workhouse before
placement on a Community Corrections program. AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/WATERS1_OPN.WP6

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