TBALink Opinion-Flash

August 21, 1997 -- Volume #3 -- Number #075

Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.

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

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George Dean
TBALink Chief Editor


RONALD WADE ALLEN
vs.
BOSCH/GENERAL  ELECTRIC,
d/b/a B.G.A.M., INC

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellant:                      For the Appellee:

Michael W. Edwards                      Judith E. Beasley
Hendersonville, TN                      Nashville, TN
                         

Judge: MADDUX

First Paragraph:

The dispositive issue before us is whether the chancellor erred in
dismissing plaintiff's suit for benefits due to plaintiff's failure to
provide timely notice of his injury to the employer as required by
Tenn. Code Ann. S50 6-201.  For the reasons set forth below, we affirm
the judgment of the trial court. AFFIRMED.

URL:http://www.tba.org/tba_files/TSC_WCP/allenrw_opn.WP6
Opinion-Flash

SARAH ARCHIE
vs.
S & R OF TENNESSEE, a/k/a SIEGEL
ROBERT OF TENNESSEE and ITT
HARTFORD INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys: 

FOR APPELLANT:                          FOR APPELLEE:

William B. Walk, Jr.                    Lisa June Cox
The Hardison Law Firm                   Jackson, Tennessee
Memphis, Tennessee                         

Judge: Lanier

First Paragraph:

As stated by counsel for the appellant in oral argument, this appeal
raises only one issue:  Whether the evidence preponderates against the
trial court's award of thirty percent (30%) permanent partial
disability to the left arm and fifteen percent (15%) permanent partial
disability to the right arm. AFFIRMED.

URL:http://www.tba.org/tba_files/TSC_WCP/ARCHIE_OPN.WP6
Opinion-Flash

JANICE FARMER
vs.
S & R OF TENNESSEE, a/k/a SIEGEL
ROBERTS OF TENNESSEE and ITT
HARTFORD INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys: 

FOR APPELLANT:                          FOR APPELLEE:

William B. Walk, Jr.                    Lisa June Cox
The Hardison Law Firm                   Jackson, Tennessee
Memphis, Tennessee
                         

Judge: Lanier

First Paragraph:

As a result of developing bilateral carpal tunnel syndrome, the
claimant was referred by her employer to Dr. William L. Bourland for
treatment.  Dr. Bourland performed surgery in the form of carpal
tunnel releases to each hand, on April 12 and April 26, 1994,
respectively.  Dr. Bourland was of the opinion that she had no
permanent impairment to her left hand and five percent (5%) impairment
to her right hand as a result of the condition and surgery.  She
returned to work with the same employer at the same wage.  Some
fourteen months later, she was referred by her attorney to Dr. Robert
Christopher of Memphis for evaluation of her continuing complaints. 
Dr. Christopher examined her and gave her some tests and opined that
she had a ten percent (10%) impairment of each upper extremity, which,
based upon his reference to the AMA Guides to the Evaluation of
Permanent Impairment, 4th Ed., translated to nineteen percent (19%) of
the "combined values tables," and converts to an eleven percent (11%)
impairment to the body as a whole.  He felt that she should avoid any
kind of work that required repeated wrist bending, either flexion or
extension, and felt that bending her wrists many, many times per hour
would be placing her at risk for further problems with her hands.  He
said that she should avoid jobs that require her to do repeated
lifting of objects weighing more than twenty pounds, as well as
pushing or pulling objects weighing more than twenty pounds and should
avoid work that requires her to lift her arms above her shoulder
height on a repeated basis.  He said that she should not do work that
required her to do severe exertion with her hands, such as squeezing
tools or opening jars, or things of that sort, several times an hour.
AFFIRMED.

URL:http://www.tba.org/tba_files/TSC_WCP/FARMER_OPN.WP6
Opinion-Flash

GARY KEITH HIGGINBOTHAM
vs.
GRINNELL CORPORATION

Court:TSC - Workers Comp Panel

Attorneys:

For Appellant:                          For Appellee:

P. Allen Phillips                       T. Verner Smith
Waldrop and Hall, P.A.                  Jackson, Tennessee
Jackson, Tennessee
                          

Judge: Lanier

First Paragraph:

The first issue for this panel to decide is whether or not  this
action is barred by the limitations contained within the Workers'
Compensation Act,  T.C.A. S 50-6-203 and S 50-6-224.  Those sections
read as follows: 50-6-203.  Limitation of Time. - The right to
compensation under the Workers' Compensation Law shall be forever
barred, unless within one (1) year after the accident resulting the
injury or death occurred the notice required by Section 50-6-202 is
given the employer and a claim for compensation under the provisions
of this Chapter is filed with the Tribunal having jurisdiction to hear
and determine the matter; provided, that if  within the one (1) year
period voluntary payments of compensation are paid to the injured
person or the injured person's dependents, an action to recover any
unpaid portion of the compen- sation, payable under this Chapter, may
be  instituted within one (1) year from the time the employer shall
cease making such payments, except in those cases provided for by [the
provisions on lump sum settlements]. AFFIRMED.

URL:http://www.tba.org/tba_files/TSC_WCP/HIGGINB_OPN.WP6
Opinion-Flash

PAUL WAYNE KING
vs.
GOODYEAR TIRE & 
RUBBER COMPANY

Court:TSC - Workers Comp Panel

Attorneys: 

For Appellant:                          For Appellee:

Randy N. Chism                          Jeffrey A. Garrety
Union City, Tennessee                   Garrety & Sanders
                                        Jackson, Tennessee                         

Judge: Lanier

First Paragraph:

The first issue presented on this appeal is whether or not the
requirements of  T.C.A. S 50-6-241, limiting an award of permanent
partial disability to 2  times the medical impairment rating, should
have been applied to the award in this case. AFFIRMED AS MODIFIED.

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

RONALD GRANT MERRIMAN
vs.
DEKALB COUNTY HIGHWAY DEPARTMENT  
and               
AETNA CASUALTY INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys: 

FOR THE APPELLANT:                    FOR THE APPELLEE:

CHRISTOPHER L. CANTRELL               WILLIAM B. JAKES, III 
301 North Public Square               ALICE MARGARET ESSARY     
Smithville, Tennessee 37166           HOWELL & FISHER           
                                      300 James Robertson Parkway
                                      Court Square Building
                                      Nashville, TN 37201
                         

Judge: RUSSELL

First Paragraph:

This claim arises out of an alleged back injury to Ronald Grant
Merriman, an employee of the DeKalb County Highway Department, which
is claimed to have occurred from operating a jack-hammer on April 10,
1991.  Suit was not filed until October 18, 1994.  The statute of
limitations was relied upon as a defense, and the suit was dismissed
upon that ground.  There apparently was no notice of the claimed
injury until this suit was filed, but because that fact was not set
out as a defense in the Answer the trial court did not predicate
dismissal on that ground. AFFIRMED.

URL:http://www.tba.org/tba_files/TSC_WCP/merrirg_opn.WP6
Opinion-Flash

SHARON RIVERS
vs.
CIGNA PROPERTY AND CASUALTY
COMPANIES

Court:TSC - Workers Comp Panel

Attorneys: 

FOR APPELLANT:                          FOR APPELLEE:

Robert O. Binkley, Jr.                  Steve Taylor
Rainey, Kizer, Butler,                  Memphis, Tennessee
Reviere & Bell
Jackson, Tennessee                         

Judge: Lanier

First Paragraph:

The first issue presented to the Court is whether or not the trial
court erred in finding that the plaintiff was entitled to benefits for
permanent partial disability based upon fifty percent (50%) to the
left lower extremity. AFFIRMED AS MODIFIED.

URL:http://www.tba.org/tba_files/TSC_WCP/RIVERS_OPN.WP6
Opinion-Flash

SHIRLEY WILLIAMS
vs.
SWEETWATER HOSPITAL
ASSOCIATION

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellant:              For the Appellee:

John W. Cleveland               Lynn C. Peterson
Cleveland & Cleveland           Wimberly Lawson Norton & Luhn, PLLC
120 W. Morris Street            P. O. Box 2467
Sweetwater, Tennessee 37874     Knoxville, Tennessee 37901-2467
                         

Judge: BYERS

First Paragraph:

Plaintiff alleged a work-related aggravation of a pre-existing
non-work related back condition.  She alleged that medical expenses
and temporary total disability benefits had been paid by the employer
but sought permanent partial disability, future medical expenses and
discretionary costs. AFFIRMED.

URL:http://www.tba.org/tba_files/TSC_WCP/WILLIAMSS_OPN.WP6
Opinion-Flash

DANNY JOE COLE
vs.
RICKY BELL, Warden

Court:TCCA

Attorneys:


FOR THE APPELLANT:                  FOR THE APPELLEE:

Geoffrey Coston                     John Knox Walkup
Attorney at Law                     Attorney General & Reporter
2813 West End Avenue                500 Charlotte Avenue
Nashville, TN 37203                 Nashville, TN 37243-0497
                    
                                    Daryl J. Brand
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    Victor S. Johnson, III
                                    District Attorney General
                                    Washington Square, Suite 500
                                    222 Second Avenue, North
                                    Nashville, TN 37201-1649

                                    Katrin N. Miller
                                    Asst District Attorney General
                                    Washington Square, Suite 500
                                    222 Second Avenue, North
                                    Nashville, TN 37201-1649  
                                                            

Judge: Jones

First Paragraph:

The appellant, Danny Joe Cole (petitioner), appeals as of right from a
judgment of the trial court dismissing his suit for the writ of habeas
corpus.  While the trial court addressed the merits of the grounds set
forth in the petition, the court concluded the judgment was at best
voidable, not void, and the remedy of habeas corpus was not available
to the petitioner to attack the sentences previously imposed.  In this
Court, the petitioner contends the Tennessee Criminal Sentencing
Reform Act of 1989 violates Article  II, Section 2, the Separation of
Powers Clause, of the Tennessee Constitution; and the Act is
inconsistent with the determinate sentencing provisions contained in
the Act. AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/COLEDJ_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/COOK-WC_OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/COOK-WC_CON.WP6
Opinion-Flash

AMOS CURTIS COPENY
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For the Appellant:                  For the Appellee:

Geoffrey Coston                     John Knox Walkup
2813 West End Avenue                Attorney General and Reporter
Nashville, TN 37203                         
                                    Daryl J. Brand
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    Victor S. Johnson, III
                                    District Attorney General

                                    Pamela S. Anderson
                                    Assistant District Attorney
                                    Washington Square, Suite 500
                                    222 Second Avenue, North
                                    Nashville, TN 37201                          

Judge: Barker

First Paragraph:

The appellant, Amos Curtis Copeny, appeals as of right the denial by
the Davidson County Criminal Court of his petition for a writ of
habeas corpus.  The petition alleges that appellant is serving a sixty
(60) year sentence as a career offender for a 1991 second degree
murder conviction.  He argues in his petition that the statutory
sentencing scheme violates the separation of powers clause of the
Tennessee Constitution.  See Tenn. Const. art. II, SS1 & 2.  He also
contends that the sentencing statutes violate the prohibition against
indeterminate sentences.  See Tenn. Code Ann. S40-35-211 (1990).  We
affirm the trial court's denial of appellant's petition pursuant to
Rule 20 of the Tennessee Court of Criminal Appeals. AFFIRMED.

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

DEBBIE LEE GIVENS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:


SAM E. WALLACE, SR.                 JOHN KNOX WALKUP
     -and-                          Attorney General & Reporter
SAM E. WALLACE, JR.                                                                                                    
227 Second Ave. North               CLINTON J. MORGAN       
Nashville, TN  37201                Counsel for the State
                                    450 James Robertson Pkwy.
                                    Nashville, TN  37243-0493

                                    VICTOR S. JOHNSON, III
                                    District Attorney General

                                    NICHOLAS D. BAILEY
                                    Asst. District Attorney General
                                    222 Second Ave. North
                                    Washington Square, Suite 500
                                    Nashville, TN  37201                         

Judge: PEAY

First Paragraph:

A jury convicted the petitioner of aggravated assault on December 9,
1992.  After a hearing, she was sentenced as a Range II multiple
offender to ten years.  On December 4, 1995, the petitioner filed for
post-conviction relief.  An evidentiary hearing was held, and the
post-conviction court dismissed her petition.  It is from this
dismissal that she now appeals. AFFIRMED.

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

STATE OF TENNESSEE
vs.
JOHNNY R. GOODE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

EDWARD WITT CHANDLER                JOHN KNOX WALKUP
2025 Mt. Moriah Rd., Ste. A-100     Attorney General & Reporter 
Memphis, Tennessee 38115        
                                    PETER M. COUGHLAN
                                    Assistant Attorney General                              
                                    450 James Robertson Parkway
                                    Nashville, Tennessee   37243 0493

                                    WILLIAM L. GIBBONS
                                    District Attorney General
                                                                            
                                    PATIENCE BRANHAM
                                    Asst District Attorney General
                                    Criminal Justice Complex
                                    201 Poplar, Ste. 301
                                    Memphis, Tennessee 38103                         

Judge: RILEY

First Paragraph:

The defendant, Johnny R. Goode, appeals as of right a jury conviction
of voluntary manslaughter.  He was sentenced to four (4) years at the
Shelby County Correctional Center and fined $10,000.  He presents
three issues for our review: 1) whether the trial court correctly
refused to suppress the defendant's statement; 2) whether the evidence
is sufficient to sustain the voluntary manslaughter conviction; and 3)
whether the trial court properly denied the defendant probation.  The
judgment of the trial court is AFFIRMED.

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

BRYAN R. HANLEY
vs.    
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR APPELLANT:                      FOR APPELLEE (STATE):

DALE M. QUILLEN                     RONALD L. DAVIS                   
Attorney at Law                         and
95 White Bridge Rd.                 DEREK K. SMITH
Suite 208                           Assistant Dist. Attorneys General  
Nashville, TN 37205                 P.O. Box 937
                                    Franklin, TN 37065-0937

                                    JOHN KNOX WALKUP
                                    Attorney General and Reporter

                                    CHARLOTTE H. RAPPUHN   
                                    Assistant State Attorney General
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    LISA A. NAYLOR
                                    Legal Assistant              
                                    Office of State Attorney General                         

Judge: RUSSELL

First Paragraph:

The appellant, Bryan R. Hanley, appeals from his August 12, 1994,
convictions by jury verdict of the premeditated first degree murder of
Timothy Tanner and the Class D felony grade theft of property.  Hanley
received a life sentence for the murder and a concurrent three year
sentence, plus a two thousand dollar fine, for the theft conviction.
AFFIRMED.

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

STATE OF TENNESSEE
vs.
ANTONIO DEMONTE LYONS

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

CHARLES GALBREATH                   JOHN KNOX WALKUP
211 Union St., Suite 901            Attorney General & Reporter
Nashville, TN 37201

                                    EUGENE J. HONEA
                                    Assistant Attorney General
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493    

                                    VICTOR S. JOHNSON, III
                                    District Attorney General
                    
                                    WILLIAM REED
                                    Asst District Attorney General
                                    Washington Square, Suite 500
                                    222 Second Ave. N.
                                    Nashville, TN 37201-1649                          

Judge:  WITT

First Paragraph:

The appellant, Antonio Demonte Lyons, pleaded guilty in Davidson
County Criminal Court to second-degree murder, a Class A felony, for
which he received a Range II sentence of forty years.  He now appeals
from the trial court's order denying his motion to set aside his
guilty plea. AFFIRMED IN PART AND VACATED IN PART AND REMANDED.

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

TONY A. MAKOKA
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

RUSS EAGLE (Appeal)                 JOHN KNOX WALKUP
Attorney at Law                     Attorney General & Reporter
401 W. Main St.
Murfreesboro, TN  37130             DARYL J. BRAND
                                    Assistant Attorney General
JACK G. HEFFINGTON (Hearing)        Criminal Justice Division
Attorney at Law                     450 James Robertson Parkway
520 S. Church St.                   Nashville, TN 37243-0493    
Murfreesboro, TN  37130
                                    WILLIAM C. WHITESELL, JR.
                                    District Attorney General
                                    Rutherford Co. Judicial Bldg.
                                    Murfreesboro, TN  37130                         

Judge: WITT 

First Paragraph:

The petitioner, Tony A. Makoka, appeals the Rutherford County Circuit
Court's denial of post-conviction relief.  The petitioner was
convicted by a jury of his peers of attempted first degree murder of
his paramour, Jane Rhodes, and attempted second degree murder of her
friend, Dwight Cooper, following a car chase and shooting incident
which ended on the steps of the Murfreesboro Police Department.  The
petitioner is serving concurrent 20 year and 10 year sentences for
these convictions.  State v. Makoka, 885 S.W.2d 366 (Tenn. Crim. App.
1994).  In this appeal, the petitioner raises four issues pertaining
to ineffective assistance of counsel -- (1) failure to move for
suppression of evidence obtained pursuant to a warrantless search, (2)
failure to adequately investigate, (3) failure to object to the
prosecution's characterizations of the petitioner's wife as
untruthful, and (4) that counsel prevented the petitioner from
testifying in support of his defense. AFFIRMED.

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

STATE OF TENNESSEE
vs.
CHARLES J. MITCHELL

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

B. KEITH WILLIAMS                   JOHN KNOX WALKUP
102 East Main St.                   Attorney General & Reporter
Lebanon, TN 37087
                                    PETER COUGHLAN
                                    Assistant Attorney General
                                    Criminal Justice Division   
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493    

                                    TOM P. THOMPSON, JR.
                                    District Attorney General
                                    203 Greentop St.
                                    P.O. Box 178
                                    Hartsville, TN 37074-0178

                                    DOUGLAS HALL    
                                    Asst District Attorney General
                                    111 Cherry St.
                                    Lebanon, TN 37087                         

Judge: WITT 

First Paragraph:

The appellant, Charles J. Mitchell, pleaded guilty on September 22,
1995 in the Wilson County Criminal Court to a single count of
aggravated robbery, a Class B felony. The trial court accepted his
plea which included a Range II sentence of twelve years in the
Tennessee Department of Correction.  On October 24, 1995, the
appellant filed a pro se motion to withdraw his guilty plea.  The
trial court appointed counsel, and after a brief hearing on the
motion, denied Mitchell's motion.  Pursuant to Rule 3, Tennessee Rules
of Appellate Procedure,  Mitchell appeals that denial contending
first, that he was forced to enter his plea by the state's failure to
preserve exculpatory evidence, and, second, that he agreed to the plea
because he thought the issue of failing to preserve exculpatory
evidence would be appealed according to either Rule 10 of the
Tennessee Rules of Appellate Procedure or  Rule 37 of the Tennessee
Rules of Criminal Procedure. APPEAL DISMISSED.

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

STATE OF TENNESSEE
vs. 
SHANNON W. POTTER

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

JAMES V. BALL                       JOHN KNOX WALKUP
217 Exchange Avenue                 Attorney General and Reporter
Memphis, TN 38105       
                                    KENNETH W. RUCKER
                                    Assistant Attorney General
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-4351

                                    WILLIAM L. GIBBONS
                                    District Attorney General
    
                                    THOMAS D. HENDERSON
                                    PERRY HAYES
                                    Asst District Attorney General
                                    201 Poplar Avenue, 3rd Floor
                                    Memphis, TN 38103
                         

Judge: RILEY

First Paragraph:

Defendant, Shannon W. Potter, was convicted by a Shelby County jury of
two (2) counts of aggravated assault and sentenced to concurrent terms
of three (3) years.  The sole issue for our review is whether the
trial court erred in denying probation.  We affirm the denial of
probation. AFFIRMED.

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

STATE OF TENNESSEE
vs. 
MARSHALL L. SCRUGGS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                      FOR THE APPELLEE:

Pamela E. Beck                          John Knox Walkup
Assistant Public Defender               Attorney General & Reporter
117 East Main Street, Suite 2C          500 Charlotte Avenue
Gallatin, TN 37066                      Nashville, TN 37243-0497
(Appeal Only)                   
                                        Daryl J. Brand
Nancy B. Meyers                         Assistant Attorney General
Assistant Public Defender               450 James Robertson Parkway
117 East Main Street, Suite 2C          Nashville, TN 37243-0493
Gallatin, TN 37066
(Trial Only)                            Lawrence Ray Whitley
                                        District Attorney General
OF COUNSEL:                             113 Main Street
                                        Gallatin, TN 37066-2803
David A. Doyle
District Public Defender                Dee D. Gay
117 East Main Street, Suite 2C          Asst District Attorney General
Gallatin, TN 37066                      113 Main Street
                                        Gallatin, TN 37066-2803                         

Judge: Jones

First Paragraph:

The appellant, Marshall L. Scruggs (defendant), appeals as of right
from a judgment of the trial court revoking his community corrections
sentence and requiring him to serve the sentence previously imposed by
the court.  In this Court, the defendant contends the trial court
abused its discretion by revoking his probation. AFFIRMED.

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

MONTRO TAYLOR
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.  In 1976, the
petitioner and a co defendant were convicted of murder in the
perpetration of a robbery, as well as the underlying robbery.  On
appeal, the Supreme Court affirmed the felony murder convictions but
reversed the robbery convictions because of double jeopardy
considerations.  Briggs v. State, 573 S.W.2d 157 (Tenn. 1978).  The
sentence for each murder conviction remained at one hundred
ninety-nine (199) years.

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

STATE OF TENNESSEE
vs.
WILLIAM J. TAYLOR

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

Michie Gibson, Jr.                  Charles W. Burson
1416 Parkway Towers                 Attorney General and Reporter
Nashville, TN  37219

                                    Michael J. Fahey, II
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493

                                    William Whitesell
                                    District Attorney General

                                    Paul A. Holcombe, III
                                    Asst District Attorney General

                                    Thomas F. Jackson
                                    Asst District Attorney General
                                    Third Floor, Judicial Building
                                    Murfreesboro, TN  37130                          

Judge: LAFFERTY

First Paragraph:

The appellant, pursuant to Rule 3 of the Tennessee Rules of Appellate
Procedure, has filed an appeal from his conviction by a jury in the
Circuit Court of Rutherford County, TN, on February 2, 1995, for the
offense of rape of a child.  The appellant, referred to as the
defendant, was sentenced to the Department of Correction, in cause No.
29872 for a period of twenty-two (22) years.  The defendant discharged
his trial counsel and hired substitute counsel for the purpose of a
motion for a new trial and an appeal.  The defendant, through his
newly retained counsel, filed a motion for a new trial on the single
ground of ineffective assistance of counsel.  The defendant alleges
nineteen (19) grounds as to the denial of effective assistance of
counsel, pursuant to the 6th Amendment of the United States
Constitution and Art. 1, S 9 of the Tennessee Constitution. REVERSED
AND REMANDED FOR NEW TRIAL.

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

STATE OF TENNESSEE
vs.
MARTIN THOMAS TERRELL

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                      FOR THE APPELLEE:

C. MICHAEL ROBBINS (on appeal)          JOHN KNOX WALKUP
202 S. Maple Street, Ste. C             Attorney General & Reporter 
Covington, Tennessee 38019      
                                        DEBORAH A. TULLIS
GARY F. ANTRICAN (trial only)           Assistant Attorney General  
District Public Defender                450 James Robertson Parkway
P.O. Box 700                            Nashville, TN   37243-0493
Somerville, Tennessee 38068
                                        ELIZABETH T. RICE
DAVID S. STOCKTON (trial only)          District Attorney General
Assistant Public Defender
131 A   Industrial Road                 WALTER FREELAND
Covington, Tennessee   38019            Asst District Attorney General
                                        302 Market St.
                                        Somerville, Tennessee 38068                         

Judge: RILEY

First Paragraph:

The defendant, Martin Thomas Terrell, appeals as of right a jury
conviction of aggravated kidnapping, burglary, reckless endangerment
with a deadly weapon, and driving on a revoked or suspended license. 
Although the defendant poses the issue solely as insufficiency of the
evidence for the aggravated kidnapping conviction, there are two true
issues presented for our review: 1) whether his constitutional right
to due process was violated when the District Attorney General chose
to indict upon especially aggravating kidnapping instead of attempted
aggravated robbery; and 2) whether the evidence is sufficient to
sustain the aggravated kidnapping conviction.  Finding no error, the
judgment of the trial court is  AFFIRMED.

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

STATE OF TENNESSEE
vs.
LORENE E. WEAKLEY, and
ROBERT APOLLO CANTRELL  

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

GERALD L. MELTON                    JOHN KNOX WALKUP
District Public Defender            Attorney General and Reporter

RUSSELL N. PERKINS                  Peter M. Coughlan
Assistant Public Defender           Assistant Attorney General
201 West Main Street                450 James Robertson Parkway
Murfreesboro, TN 37130              Nashville, TN 37243

JOHN G. MITCHELLL, JR.              WILLIAM WHITESELL
Third Floor, NationsBank Bldg.      District Attorney General
120 E. Main Street                  Third Floor, Judicial Building
Murfreesboro, TN 37133-1336         Murfreesboro, TN 37130                          

Judge: WELLES

First Paragraph:

This is an appeal as of right pursuant to Rule 3, Tennessee Rules of
Appellate Procedure.  The Defendants, Lorene Evette Weakley and Robert
Apollo Cantrell, were convicted by a Rutherford County jury of
possession of over 26 grams of cocaine with intent to sell or deliver
and simple possession of marijuana. Defendant Cantrell was convicted
of possession of drug paraphernalia, which was dismissed after a
motion for new trial.  Both Defendant Weakley and Defendant Cantrell
were sentenced to eight years in the Department of Correction and each
was fined two thousand dollars ($2,000) for the cocaine convictions.
They were each sentenced to concurrent terms of 11 months and 29 days
with two hundred fifty dollar ($250) fines for the marijuana
convictions.   In this appeal, Defendant Cantrell presents one issue,
that the evidence was insufficient to support a verdict of guilt. 
Defendant Weakley argues one issue, that because she was convicted
based on criminal responsibility for the conduct of another, she is
entitled by statute to be considered for probation.  We affirm the
judgment of the trial court. AFFIRMED.

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

KIM LAMAR WITT
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For Appellant:                      For Appellee:

Robert J. Mendes                    Charles W. Burson
209 Tenth Avenue South              Attorney General & Reporter
Cummins Station, Suite 507          450 James Robertson Parkway
Nashville, TN  37203                Nashville, TN  37243

                                    Karen M. Yacuzzo
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243

                                    Katrin Novak Miller
                                    Asst District Attorney General
                                    222 Second Avenue North
                                    Washington Square, Suite 500
                                    Nashville, TN  37201-1649                         

Judge: WADE

First Paragraph:

The petitioner, Kim Lamar Witt, appeals the trial court's denial of
his petition for writ of habeas corpus.  In 1987, the petitioner was
convicted of armed robbery and assault with the intent to commit first
degree murder; the trial court imposed two concurrent, Range II
sentences of life imprisonment. AFFIRMED.

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

STATE OF TENNESSEE
vs.
CHARLES CLAY YOUNG

with SEPARATE CONCURRING OPINION

Court:TCCA

Attorneys:

For Appellant:

John E. Herbison
2016 Eight Avenue South
Nashville, TN 37204
(on appeal)

David N. Brady
District Public Defender
215 Reagan Street
Cookeville, TN 38501
and
Joe L. Finley, Jr.
Assistant Public Defender
215 Reagan Street
Cookeville, TN 38501
(at trial)
For Appellee:

Charles W. Burson
Attorney General & Reporter

Ruth A. Thompson
Counsel for the State 
450 James Robertson Parkway
Nashville, TN  37243-0493

Anthony Craighead
Assistant District Attorney
145 South Jefferson Avenue
Cookeville, TN 38501
                          

Judge: WADE

First Paragraph:

The defendant, Charles Clay Young, was convicted of two counts of
solicitation to commit first degree murder, a Class B felony.  The
trial court imposed two Range I sentences of ten-year terms.  The
sentences are consecutive to each other and consecutive to an
unexpired sentence for arson. AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/YOUNGCC_OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/YOUNGCC_CON.WP6

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