TBALink Opinion-Flash

September 9, 1997 -- Volume #3 -- Number #085

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 00-New Opinons From TSC-Workers Comp Panel 01-New Opinons From TCA 04-New Opinons From TCCA: 00-New Opinons From TSC; 00-New Opinons From TSC-Rules; 00-New Opinons From TSC-Workers Comp Panel; 01-New Opinons From TCA; 04-New Opinons From TCCA

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George Dean
TBALink Chief Editor



RANDALL E. DESKINS, et ux.
vs.
BEULAH M. WILLIAMS 

Court:TCA

Attorneys: 

ROBERT L. OGLE, JR., OF SEVIERVILLE FOR APPELLANTS
JAMES Y. (BO) REED OF KNOXVILLE and DWIGHT E. STOKES OF SEVIERVILLE
    FOR APPELLEE

Judge: Goddard

First Paragraph:

Randall E. Deskins and his wife Thelma Jean Deskins, appeal a judgment
of the Circuit Court for Sevier County, entered pursuant to a jury
verdict, which dismissed their claim against Beulah M. Williams for
personal injuries suffered by Mr. Deskins and loss of consortium and
services by Mrs. Deskins, resulting from an automobile accident
occurring on June 3, 1989.  Mr. Deskins also appeals a judgment in
favor of the original Defendant and Counter-Plaintiff, Beulah M.
Williams. AFFIRMED IN PART; REMITTITUR SUGGESTED IN PART; REMANDED.

URL:http://www.tba.org/tba_files/TCA/DESKINSR_OPN.WP6


STATE OF TENNESSEE
vs.
DAVID L. MAYES

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:

NAT H. THOMAS                       JOHN KNOX WALKUP
317 Shelby St.                      Attorney General & Reporter
Suite 304
Kingsport, TN 37660                 SARAH M. BRANCH
                                    Counsel for the State
                                    Criminal Justice Division   
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493    

                                    H. GREELEY WELLS
                                    District Attorney General
                                    Blountville, TN 37660                        

Judge: WITT 

First Paragraph:

The defendant, David L. Mayes, pleaded guilty on January 18, 1995 in
the Criminal Court of Sullivan County to one count of conspiracy to
deliver or sell more than 26 grams of cocaine, one count of possession
with the intent to deliver or sell six ounces of cocaine, two counts
of the sale of cocaine, and the unlawful possession of drug
paraphernalia.  After a hearing, the trial judge sentenced him to
serve an effective sentence of eighteen years in the Department of
Correction as a Range I offender.    The defendant appealed his
sentences to the Tennessee Court of Criminal Appeals, and, in its
opinion issued on March 11, 1996, this court remanded the case to the
trial court for resentencing because the trial court had not placed on
the record the findings required by Tennessee Code Annotated Sections
40-35-115, -209 and -210(f).  State v. David Lewis Mayes, No. 
03C01-9505-CR-00134, slip op. at 5 (Tenn. Crim. App., Knoxville, Mar.
11, 1996).  On July 26, 1996, the trial court, at the close of the
hearing,  resentenced the defendant to an effective Range I sentence
of eighteen years. AFFIRMED.

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


STATE OF TENNESSEE
vs.
KRISTINA SCHINDLER

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

Gregory D. Smith                    Charles W. Burson
Attorney at Law                     Attorney General & Reporter 
One Public Square, Suite 321
Clarksville, TN 37040               Peter M. Coughlan
                                    Assistant Attorney General
At Trial:                           Criminal Justice Division
Laura Hendricks                     450 James Robertson Parkway
Attorney at Law                     Nashville, TN 37243-0493
810 Henley Street
Knoxville, TN 37902                 Randall E. Nichols
                                    District Attorney General
    
                                    Steven C. Garrett
                                    Asst District Attorney General
                                    440 Main Avenue
                                    City-County Building
                                    Knoxville, TN 37901                         

Judge: SUMMERS

First Paragraph:

The appellant, Kristina Schindler, was convicted by a jury of
aggravated burglary.  At her sentencing hearing she requested
post-trial diversion.  The trial judge denied her request and imposed
a three-year suspended sentence and five years probation.  She appeals
the trial court's denial of her request for post trial diversion and
the manner of service of her sentence.  Upon review, we affirm.

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


STATE OF TENNESSEE
vs.
ERWIN KEITH TINSLEY

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

D. MITCHELL BRYANT                  JOHN KNOX WALKUP
JENNE, SCOTT & BRYANT               Attorney General & Reporter
260 N. Ocoee St.
P.O. Box 161                        SARAH M. BRANCH
Cleveland, TN 37364-0161            Counsel for the State
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493    

                                    JERRY N. ESTES
                                    District Attorney General
                                    203 Madison Ave. 
                                    P.O. Box 647
                                    Athens, TN 37371

                                    REBBLE JOHNSON
                                    Asst District Attorney General
                                    93 Ocoee St. N. # 200 
                                    P.O. Box 1351
                                    Cleveland, TN 37364                          

Judge: WITT

First Paragraph:

The defendant, Erwin Keith Tinsely, was convicted in a jury trial in
the Bradley County Criminal Court of reckless driving and evading
arrest, both Class A misdemeanors.  The jury also convicted him of
driving on a revoked license, a Class B misdemeanor, and of speeding,
a Class C misdemeanor.  The trial court ordered him to serve 75% of an
effective sentence of eleven months and twenty-nine days and to pay
fines in the amount of $930.00.  The defendant appeals pursuant to
Rule 3, Tennessee Rules of Appellate Procedure,  contending that he
should be granted a new trial as the state failed to record his
earlier trial and that his sentences are excessive.  We disagree with
the defendant's claims and affirm the trial court.

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


STATE OF TENNESSEE
vs.
MALCOMB WAMPLER

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

GALE K. FLANARY                     JOHN KNOX WALKUP
Assistant Public Defender           Attorney General and Reporter
P.O. Box 839
Blountville, TN 37617               CLINTON J. MORGAN
                                    Assistant Attorney General
                                    425 5th Avenue North
                                    Nashville, TN 37243

                                    GREELEY WELLS
                                    District Attorney General

                                    GREG NEWMAN 
                                    Asst District Attorney General
                                    Blountville, TN 37617                          

Judge: WELLES

First Paragraph:

The Defendant appeals as of right from his conviction entered on a
jury verdict finding him guilty of aggravated assault.  In this
appeal, he argues that the evidence presented at trial was
insufficient to support a finding that he (1) caused the victims to
reasonably fear imminent bodily injury, or (2) that he used or
displayed a deadly weapon.  We disagree and affirm the judgment of the
trial court. AFFIRMED.

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

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