TBALink Opinion-Flash

Month 00, 1997 -- Volume #3 -- Number #0

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

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George Dean
TBALink Chief Editor


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                      TBALink Opinion Flash-P1
September 16, 1997                                Vol. #3 -- No. #087
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What follows is the Opinion name, first paragraph and the names of the
attorneys for the parties of each electronic opinion/rules released
TODAY from the three appellate courts.

This Issue: 
            0   New Opinions From TSC               
            1   New Opinions From TSC-Rules             
            0   New Opinions From TSC-Workers Comp Panel 
           10   New Opinions From TCA              
           14   New Opinions From TCCA            

See the bottom of this Opinion-Flash for details on how to get the
full text of each opinion via e-mail or WWW.

George Dean
TBALink Chief Editor
======================================================================

SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL
September 15, 1997  

Court:TSC - Rules

URL:http://www.tba.org/tba_files/TSC_Rules/STATELST2_WPD.WP6
Opinion-Flash

RICHARD LANE DEBERRY
vs.
LEXINGTON ELECTRIC SYSTEM,
CENTRAL STATE BANK, and the 
CITY OF LEXINGTON, TENNESSEE

Court:TCA

Attorneys: 

WILLIAM M. JETER
TIM EDWARDS
GLASSMAN, JETER, EDWARDS AND WADE, P.C.
Memphis, Tennessee
Attorneys for Appellant

LARRY L. CASH
STRANG, FLETCHER, CARRIGER, WALKER,
HODGE & SMITH, PLLC
Chattanooga, Tennessee
KEN WALKER
WALKER LAW OFFICE
Lexington, Tennessee
Attorneys for Appellees                         

Judge: HIGHERS

First Paragraph:

In this governmental tort liability action, Plaintiff Richard Lane
DeBerry appeals the trial court's judgment which limited DeBerry's
recovery to $130,000, the maximum amount awardable under the Tennessee
Governmental Tort Liability Act (GTLA).  Defendant/ Appellee Lexington
Electric System (LES) cross-appeals, challenging the merits of the
trial court's finding of liability against LES.  We affirm.

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

W. J. GRAY, JR.
vs.
STATE OF TENNESSEE

Court:TCA

Attorneys:

WILLIAM M. JETER
TIM EDWARDS
GLASSMAN, JETER, EDWARDS AND WADE, P.C.
Memphis, Tennessee
Attorneys for Appellant

LARRY L. CASH
STRANG, FLETCHER, CARRIGER, WALKER,
HODGE & SMITH, PLLC
Chattanooga, Tennessee
KEN WALKER
WALKER LAW OFFICE
Lexington, Tennessee
Attorneys for Appellees                          

Judge: HIGHERS

First Paragraph:

Plaintiff, W. J. Gray, Jr., filed a claim with the Tennessee Division
of Claims Administration seeking damages for the State's failure to
hold a preliminary hearing after Plaintiff had been arrested and
charged with armed robbery and for the State's prolonged detention of
the Plaintiff pending trial.  The State filed a motion to dismiss
Plaintiff's claim, and the Tennessee Claims Commission (the
"Commission") granted the State's motion to dismiss.  Plaintiff
appealed the Commission's order dismissing his claim and sought an en
banc hearing of the Commission.  The Commission granted in part and
denied in part Plaintiff's motion for an en banc hearing.  The
Commission granted an en banc hearing to determine the following
issues:  (1) whether the Commission had jurisdiction to hear a claim
for the negligent deprivation of a constitutional right and (2)
whether Plaintiff's claim was timely filed.  After an en banc hearing
before the Commission, the Commission held that Plaintiff's claim must
be dismissed because it was not filed within the time allowed by the
statute of limitations.   Plaintiff appeals from the order of the
Commission dismissing his claim and argues that the statute of
limitations does not bar his claim. We affirm the order of the
Commission.

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

COY N. HARAWAY and  
REDWING TECHNICAL SYSTEMS, INC.
vs.
WILLIAM C. BURNETT

Court:TCA

Attorneys: 

RICHARD L. WINCHESTER
Memphis, Tennessee
Attorney for Appellants

FELIX H. BEAN, III
Memphis, Tennessee
Attorney for Appellee
                         
Judge: HIGHERS

First Paragraph:

Plaintiffs Coy N. Haraway and Redwing Technical Systems, Inc., appeal
the trial court's final judgment which determined that Haraway was
required to pay $72,636.30 to redeem collateral in the possession of
Defendant William C. Burnett and which dismissed Redwing from this
litigation.  For the reasons hereinafter stated, we modify in part,
affirm in part, and reverse in part the trial court's judgment, and we
remand for further proceedings.

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

MARY ANN LAZAR JEFFERSON
vs.
JAMES B. TAYLOR, ANGELINE
G. TAYLOR and ORKIN PEST
CONTROL

Court:TCA

Attorneys:

Thomas D. Yeaglin of Memphis
    For Plaintiff-Appellant
Michael E. Keeney and Michael G. McLaren;
Thomason, Hendrix, Harvey, Johnson & Mitchell of Memphis
    For James Taylor and Angeline Taylor    
Philip E. Mischke, Jonathan P. Lakey;
Wyatt, Tarrant & Combs of Memphis
    For Defendant-Appellant, Orkin Pest Control                          

Judge: CRAWFORD

First Paragraph:

This case involves the alleged fraudulent concealment of a cause of
action that, if shown, would warrant tolling of the applicable statute
of limitations.  Plaintiff Mary Ann Lazar Jefferson appeals the order
of the trial court granting summary judgment to defendants James B.
Taylor,  Angeline G. Taylor (now Woodmansee), and Orkin Pest Control
Company.

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

JAMES M. LOWERY, for himself and
the use and benefit of his sister,
LINDA LANEY, in the death of 
his father, JAMES G. LOWERY
vs.
GARY AND EMILY FRANKS

Court:TCA

Attorneys:  

HAROLD R. GUNN
Humboldt, Tennessee
Attorney for Appellant

CLINTON V. BUTLER, JR.
PATRICK W. ROGERS
RAINEY, KIZER, BUTLER, REVIERE & BELL, P.L.C.
Jackson, Tennessee
Attorneys for Appellees                        

Judge: HIGHERS

First Paragraph:

In this wrongful death action, Plaintiffs, James Lowery and Linda
Laney, filed suit against Defendants, Gary and Emily Franks, for the
wrongful death of their father, James Lowery ("Decedent"), which
occurred after Decedent was struck by Defendants' vehicle.  In their
complaint, Plaintiffs allege that Defendant, Emily Franks, the driver
of the vehicle, is liable for common law and statutory negligence
which was the direct and proximate cause of Decedent's death. 
Plaintiffs premise their suit against Defendant, Gary Franks, upon the
family purpose doctrine.  Plaintiffs allege that Defendant, Gary
Franks, was the owner of the vehicle driven by Emily Franks at the
time of the accident, that the vehicle was maintained for the use of
the family, and that Defendant, Emily Franks, was entrusted with the
vehicle in accordance with the family purpose doctrine.  Defendants
filed an answer denying their negligence and asserting that the
negligence of the Decedent was the proximate cause of the accident.
Defendants thereafter filed a motion for summary judgment.  The trial
court granted the Defendants' motion for summary judgment holding that
there was no evidence of negligence which could be attributed to the
Defendant, Emily Franks, and, alternatively, if some fault could be
attributed to the Defendant, Emily Franks, the negligence of the
Decedent equaled or exceeded fifty percent of the total fault
attributable to the parties.  Plaintiffs appeal the judgment of the
trial court arguing that the trial court erred in granting summary
judgment in favor of the Defendants. We affirm the judgment of the
trial court.

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

ROBERT MABON, as surviving 
spouse and personal representative 
of the Estate of JEWEL MAE MABON
vs.
JACKSON-MADISON COUNTY
GENERAL HOSPITAL and GEORGE
E. THOMAS, M.D.

Court:TCA

Attorneys: 

Al H. Thomas; Ira M. Thomas of Memphis
    For Plaintiff-Appellant
Marty R. Phillips, Timothy G. Wehner; Rainey, Kizer, 
Butler, Reviere & Bell, P.L.C. of Jackson
    For Defendants-Appellees                         

Judge: CRAWFORD

First Paragraph:

This is a medical malpractice case.  Plaintiff, Robert Mabon (Mabon),
the surviving spouse and personal representative of the Estate of
Jewel Mae Mabon (Mrs. Mabon), appeals the order of the trial court
granting summary judgment in favor of defendant, George E. Thomas,
M.D.

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

DAVID NEAL and wife,
LORI NEAL
vs.
KEITH BOGGS, d/b/a BOGGS
LANDSCAPING BACKHOE & DOZER
SERVICE, WILLIAM O. "BILL" LILES, 
d/b/a LILES BROS. & SONS, and
J. I. CASE, INC., a Tenneco Company

Court:TCA

Attorneys: 

LEWIS L. COBB
JONATHAN O. STEEN
SPRAGINS, BARNETT, COBB & BUTLER
Jackson, Tennessee
Attorneys for Appellant

JAMES T. RYAL, JR.
ADAMS, RYAL & FLIPPIN, ATTORNEYS-P.C.
Humboldt, Tennessee
Attorney for Appellee, Keith Boggs, d/b/a Boggs
Landscaping Backhoe & Dozer Service

CLINT V. BUTLER, JR.
DALE CONDER, JR.
RAINEY, KIZER, BUTLER, REVIERE & BELL, P.L.C.
Jackson, Tennessee
Attorneys for Appellee, William O. "Bill" Liles, d/b/a Liles 
Bros. & Sons

Judge: HIGHERS

First Paragraph:

In this products liability action, Plaintiffs David and Lori Neal
appeal the trial court's order entering summary judgment in favor of
Defendants/Appellees Keith Boggs, d/b/a Boggs Landscaping, Backhoe &
Dozer Service, and William O. "Bill" Liles, d/b/a Liles Bros. & Sons. 
For the reasons hereinafter stated, we affirm the trial court's
judgment.

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

CHARLES SHEPHERD
vs.
PERKINS BUILDERS

Court:TCA

Attorneys: 

KEVIN W. SHEPHERD, Maryville, for Appellant.
ROBERT N. GODDARD, GODDARD & GAMBLE, Maryville, for Appellee.                         

Judge: Franks

First Paragraph:

Shepherd's action for breach of construction contract against Perkins
Builders (Perkins) was dismissed at the conclusion of trial by the
Chancellor.  Shepherd has appealed.

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

EILEEN SMITH
vs.
SHELBY COUNTY GOVERNMENT

Court:TCA

Attorneys:

DAVID A. E. LUMB, Memphis, Attorney for Plaintiff.
CARROLL C. JOHNSON, Memphis, Attorney for Defendant.
                          
Judge: TOMLIN

First Paragraph:

Eileen Smith (hereafter "Plaintiff") filed suit against Shelby County
Government (hereafter "Defendant") in the Chancery Court of Shelby
County seeking to recover benefits for an injury she sustained while
employed by the Shelby County Health Care Center, a division of
Defendant.  Following a bench trial the chancellor found that
Plaintiff had sustained an injury that arose out of and in the course
of her employment and awarded her 60% disability to her right arm,
along with additional compensation for discretionary costs and
attorney fees.  Defendant has presented two issues on appeal: Whether
the trial court erred in 1) finding that Plaintiff sustained a
compensable injury that arose in the course of her employment; and 2)
in awarding Plaintiff a permanent vocational disability rating of 60%
to the right arm.  For the reasons hereinafter stated, we find no
error and affirm.

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

GLORIA SPIVEY, as Administratrix of
the Estate of Michelle Christi Spivey, 
and GLORIA SPIVEY and LARRY
SPIVEY, as guardians and next friend
of JESSICA MICHELLE SPIVEY-
ROBINSON
vs.
JASON D. ANDERSON
and
JAMES C. ROBINSON, JR., and
SHELBY COUNTY HEALTH CARE
CORPORATION d/b/a REGIONAL 
MEDICAL CENTER AT MEMPHIS

Court:TCA

Attorneys: 

Damon E. Campbell; Conley Campbell Moss
Smith of Union City
    Guardian ad litem for Jessica Michelle Robinson

Gary C. McCullough; McCullough and McCullough of Memphis
    For Appellants                         

Judge: CRAWFORD

First Paragraph:

This case involves a hospital's lien on the proceeds from a wrongful
death suit.  Third-party defendant, Shelby County Health Care
Corporation d/b/a The Regional Medical Center at Memphis (the Med),
appeals the order of the trial court holding that the proceeds of the
wrongful death settlement were not subject to the Med's hospital lien.

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

RUNAKO Q. BLAIR
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

RUNAKO Q. BLAIR, PRO SE             JOHN KNOX WALKUP
Route 1, Box 660                    Attorney General and Reporter
Tiptonville, TN 38079       
                                    JANIS L. TURNER
                                    Assistant Attorney General
                                    425 5th Avenue North
                                    Nashville, TN 37243

                                    JOHN W. PIEROTTI
                                    District Attorney General

                                    ALANDA HORNE
                                    Asst District Attorney General
                                    Suite 301, 301 Poplar Avenue
                                    Memphis, TN 38103                            

Judge: WELLES

First Paragraph:

The Petitioner appeals as of right from the trial court's dismissal of
his petition for post-conviction relief.  The Petitioner sought relief
alleging that (1) The indictment failed to give fair notice of the
charges against the Petitioner, violating his constitutional rights;
(2) the jury instructions at trial containing the phrase "moral
certainty" were unconstitutional; and (3) the trial court erred in
failing to charge a lesser included offense.  The trial court
dismissed the petition without conducting an evidentiary hearing.  The
Defendant appeals the trial court's action raising one issue: whether
the  issues raised in his post-conviction petition have been waived or
previously determined.  We affirm the judgment of the trial court.

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

GARY L. COOPER
vs.
BILLY COMPTON, WARDEN

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

RUNAKO Q. BLAIR, PRO SE             JOHN KNOX WALKUP
Route 1, Box 660                    Attorney General and Reporter
Tiptonville, TN 38079       
                                    JANIS L. TURNER
                                    Assistant Attorney General
                                    425 5th Avenue North
                                    Nashville, TN 37243

                                    JOHN W. PIEROTTI
                                    District Attorney General

                                    ALANDA HORNE
                                    Asst District Attorney General
                                    Suite 301, 301 Poplar Avenue
                                    Memphis, TN 38103                            

Judge: Hayes

First Paragraph:

The appellant, Gary Cooper, appeals the trial court's dismissal of his
pro se petition for writ of habeas corpus.  On April 25, 1994, the
appellant pled guilty to one count of rape in the Knox County Criminal
Court and was sentenced to eight years incarceration in the Tennessee
Department of Correction.  The appellant filed the instant petition on
August 19, 1996, alleging that the judgment entered against him is
void because the indictment failed to allege the mens rea of the
offense charged.  The trial court properly dismissed the petition on
the basis that "allegations concerning the sufficiency of the
indictment are not the proper subject of habeas corpus relief."  See 
Haggard v. State, 475 S.W.2d 186, 187 (Tenn. Crim. App. 1971); Brown
v. State, 445 S.W.2d 669, 674 (Tenn. Crim. App. 1969); Barber v.
State, No. 01C01-9408-CR-00281 (Tenn. Crim. App. at Nashville, Feb.
23, 1995).  Accordingly, we affirm the trial court's dismissal of the
petition.

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

STATE OF TENNESSEE
vs.
JAMES LEONARD CORDER

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

GUY T. WILKINSON                    JOHN KNOX WALKUP 
District Public Defender            Attorney General & Reporter

BILLY R. ROE, JR.                   SARAH M. BRANCH 
Assistant Public Defender           Assistant Attorney General
117 North Forrest Avenue            425 Fifth Avenue North 
P.O. Box 633                        2nd Floor, Cordell Hull Building
Camden, TN  38320                   Nashville, TN  37243

                                    G. ROBERT RADFORD
                                    District Attorney General

                                    ELEANOR CAHILL 
                                    Asst District Attorney General
                                    111 Church Street 
                                    P.O. Box 686 
                                    Huntingdon, TN  38344                         

Judge: WOODALL

First Paragraph:

The Defendant, James Leonard Corder, was charged in an indictment
returned by the Carroll County grand jury with two counts of
aggravated assault against Bobbie Jo Douglas (one by use of a deadly
weapon and the other by causing serious bodily injury), one count of
aggravated assault upon Martha Jo Hindman, and one count of aggravated
kidnapping of Bobbie Jo Douglas.  All acts were alleged to have been
committed on the same date.  The jury found Defendant guilty of
aggravated assault upon Martha Jo Hindman, guilty of  aggravated
assault upon Bobbie Jo Douglas by causing her serious bodily injury, 
and guilty of the lesser included offense of assault on the other
charge of aggravated assault.  The Defendant was acquitted of the
charge of aggravated kidnapping.  The trial court subsequently merged
the misdemeanor assault conviction with the conviction of aggravated
assault upon Bobbie Jo Douglas and sentenced Defendant to serve six
(6) years imprisonment on both convictions of aggravated assault, to
be served concurrently.

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

STATE OF TENNESSEE
vs.
RAY A. DOUGLAS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

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

SHERRY BROOKS                       CLINTON J. MORGAN
Assistant Public Defender           Assistant Attorney General
201 Poplar, Suite 2-01              450 James Robertson Parkway
Memphis, TN 38103                   Nashville, TN 37243-0493

                                    JOHN W. PIEROTTI
                                    District Attorney General

                                    REGINALD HENDERSON
                                    Asst District Attorney General
                                    Criminal Justice Complex, #301
                                    201 Poplar Street
                                    Memphis, TN 38103                         

Judge: WELLES

First Paragraph:

The Defendant appeals as of right from the trial court's denial of
judicial diversion.  The Defendant had entered a plea of guilty to the
Class C felony offense of selling less than .5 grams of cocaine.  The
trial court sentenced the Defendant to the minimum sentence of three
years, with all time suspended except for sixty days, which the
Defendant was allowed to serve on weekends.  On appeal, the Defendant
argues that the trial judge abused his discretion when he denied
judicial diversion.  We disagree and affirm the judgment of the trial
court.

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

STATE OF TENNESSEE
vs.
SAMMY L. GOLDEN

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

Joseph S. Ozment                    John Knox Walkup
217 Exchange Avenue                 Attorney General and Reporter
Memphis, TN 38103                           
                                    Janis L. Turner
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493


                                    John W. Pierotti
                                    District Attorney General

                                    Lee V. Coffee
                                    Assistant District Attorney
                                    201 Poplar Street
                                    Suite 301
                                    Memphis, TN 38103                         

Judge: Barker

First Paragraph:

Appellant, Sammy L. Golden, appeals as of right the Shelby County
Criminal Court's order declaring him an habitual motor vehicle
offender.  See Tenn. Code Ann. SS55-10-601 to -618.  On appeal, he
contends that the procedure outlined in the Habitual Motor Vehicle
Offender Act ("the Act") violates the constitutional protection
against double jeopardy.  He also challenges a 1991 amendment to the
Act as the application of an ex post facto law.  We find no merit to
either of appellant's arguments and affirm the ruling of the trial
court.

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

STATE OF TENNESSEE
vs.
CECIL C. GROSE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

William D. Massey                   Charles W. Burson
Attorney at Law                     Attorney General & Reporter 
3634 Austin Peay Highway
Memphis, TN 38125                   Kathy Morante
                                    Deputy Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    William L. Gibbons
                                    District Attorney General

                                    James J. Challen
                                    Asst District Attorney General
                                    Criminal Justice Complex
                                    201 Poplar Avenue, Suite 301
                                    Memphis, TN 38103                          

Judge: SUMMERS

First Paragraph:

The appellant, Cecil C. Grose, was convicted by a jury of first degree
murder.  He was sentenced to life in prison.  He appeals his
conviction raising the following issues for our review: 1.  Whether
the state proved beyond a reasonable doubt that the death of the
victim was the natural and probable result of the appellant's actions;
2.  Whether the evidence was sufficient to sustain his conviction; and
3.  Whether the trial court erred in failing to charge the jury on the
defense of diminished capacity. Upon review, we affirm the appellant's
conviction.

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

STATE OF TENNESSEE
vs.
DOYLE HART

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

CHARLES S. KELLY                    JOHN KNOX WALKUP
P.O. Box 507                        Attorney General and Reporter
802 Troy Avenue         
Dyersburg, TN 38025-0507            ELIZABETH T. RYAN
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    CLAYBURN L. PEEPLES
                                    District Attorney General
                                    110 South College Street
                                    Suite 200
                                    Trenton, TN 38382                          

Judge: WELLES

First Paragraph:

The Defendant, Doyle Hart, appeals as of right pursuant to Rule 3 of
the Tennessee Rules of Appellate Procedure from the trial court's
denial of his petition for a writ of error coram nobis.  The Defendant
filed his petition for a writ of error coram nobis on November 24,
1993, contending that his convictions for aggravated rape and incest
should be set aside because of newly discovered evidence.  A hearing
was conducted on the petition on April 8, 1994.  At the conclusion of
that hearing, the trial court denied the petition.  On appeal to this
Court, the judgment of the trial court was reversed and the case was
remanded for a new hearing.  A new hearing was conducted on July 8,
1996.  In a memorandum opinion filed on July 18, 1996, the trial court
denied the petition.  It is from this order of denial that the
Defendant now appeals.  We affirm the judgment of the trial court.

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

TYRONE HENDERSON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

WAYNE CHASTAIN                      JOHN KNOX WALKUP
66 Monroe, Suite 804                Attorney General and Reporter
Memphis, TN 38103
                                    ELIZABETH T. RYAN
                                    Assistant Attorney General
                                    425 5th Avenue North
                                    Nashville, TN 37243

                                    JOHN W. PIEROTTI
                                    District Attorney General

                                    DAWN DORAN
                                    Asst District Attorney General
                                    Criminal Justice Complex, Ste 301
                                    201 Poplar Street
                                    Memphis, TN 38103                         

Judge: WELLES

First Paragraph:

The Petitioner, Tyrone Henderson, appeals as of right pursuant to Rule
3 of the Tennessee Rules of Appellate Procedure from the trial court's
denial of his petition for post-conviction relief.  On January 7 and
8, 1993, the Petitioner pleaded guilty to one count of aggravated
assault, one count of sale of a controlled substance (cocaine), and
five counts of aggravated robbery.  As specified in the negotiated
plea agreement, he was sentenced to six years for the aggravated
assault, twelve years for the sale of cocaine, twelve years each for
four counts of aggravated robbery and thirteen years for one count of
aggravated robbery.  The thirteen-year sentence was ordered to run
consecutively to the other sentences, all of which were to run
concurrently, resulting in an effective term of imprisonment of
twenty-five years with the Department of Correction.  The Petitioner
was classified as a Range I standard offender.  He filed a pro se
petition for post-conviction relief on September 14, 1995, which was
amended with the assistance of counsel on February 1, 1996.  In his
petition for post-conviction relief, the Petitioner argues that he was
denied effective assistance of counsel at his guilty plea proceedings
for a number of reasons.  The trial court conducted an evidentiary
hearing on April 25, 1996, and after considering the evidence, issued
an order denying the petition on July 10, 1996.  We affirm the
judgment of the trial court.

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

VIRGIL L. HENDERSON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For the Appellant:                  For the Appellee:

Pro Se                              CHARLES W. BURSON
VIRGIL HENDERSON                    Attorney General and Reporter
Reg. No. 14631-076  
F.C.I. Memphis                      CLINTON J. MORGAN
P. O. Box 34550 (Shelby-A)          Asst Attorney General   
Memphis, TN   38184-0550            Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
                        
                                    ELIZABETH T. RICE
                                    District Attorney General

                                    JERRY NORWOOD
                                    Asst. District Attorney General
                                    302 Market Street
                                    Somerville, TN  38068                          

Judge: Hayes

First Paragraph:

The appellant, Virgil L. Henderson, appeals the order of the Hardeman
County Circuit Court dismissing his pro se petition for
post-conviction relief.  In this appeal, the appellant raises four
issues which collectively can be summarized as challenging the trial
court's ruling that the petition for post conviction relief is
time-barred.

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

ISSAC LYDELL HERRON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT                   FOR THE APPELLEE

Issac Lydell Herron #102289         John Knox Walkup
Cold Creek Correctional Facility    Attorney General and Reporter
P.O. Box 1000                       450 James Robertson Parkway
Henning, Tennessee 38041-1000       Nashville, Tennessee 37243 0493
                    
                                    Ellen H. Pollack                                        
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, Tennessee 37243 0493

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

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

Judge: Barker

First Paragraph:

The Appellant, Issac Lydell Herron, appeals as of right the Shelby
County Criminal Court's dismissal of his petition for post-conviction
relief.  In 1984, the Appellant was convicted of second degree murder
and is currently serving a seventy-two year sentence as a Range II
especially aggravated offender in the Tennessee Department of
Correction.  This Court affirmed the Appellant's conviction in 1985
and no further appeals were taken.  See State v. Isaac Lydell Herron,
C.C.A. No. 7 (Tenn. Crim. App., Jackson, Apr. 10, 1985).  On September
21, 1995, the Appellant filed a pro se petition for post conviction
relief alleging ineffective assistance of counsel.  On November 15,
1995, without an evidentiary hearing, the trial court dismissed the
petition ruling that it was barred by the statute of limitations.

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

STATE OF TENNESSEE
vs.
RONALD MITCHELL

Court:TCCA

Attorneys:


FOR THE APPELLANT:                  FOR THE APPELLEE:

GARY F. ANTRICAN                    JOHN KNOX WALKUP
District Public Defender            Attorney General and Reporter

JULIE PILLOW                        ELIZABETH T. RYAN
Assistant Public Defender           Assistant Attorney General
131-A Industrial Road               450 James Robertson Parkway
Covington, TN 38019                 Nashville, TN 37243-0493

                                    ELIZABETH RICE
                                    District Attorney General

                                    MARK DAVIDSON
                                    Asst District Attorney General
                                    Criminal Justice Building
                                    Post Office Box 509
                                    Ripley, TN 38063                              

Judge: WELLES

First Paragraph:


The Defendant, Ronald C. Mitchell, appeals as of right pursuant to
Rule 3, Tennessee Rules of Appellate Procedure.   He was convicted by
a Lauderdale County jury of possession of over .5 grams of cocaine
with intent to deliver, driving on a revoked license, reckless driving
and evading arrest.  He was sentenced as a Range II offender to 14
years for the conviction for possession of cocaine, 11 months and 29
days for evading arrest, 6 months for driving on a revoked license,
and 6 months for reckless driving.  All sentences were ordered to run
concurrently with each other but consecutively to sentences the
Defendant was serving for prior convictions.  The Defendant challenges
his conviction for possession of cocaine over .5 grams, contending (1)
That the trial court erred by allowing testimony regarding a pager and
cash seized from his person during his arrest; and (2) that the trial
court erred in allowing a witness to testify using his notes.  The
Defendant also asserts that the evidence was insufficient to support
the convictions for possession of cocaine and reckless driving.  We
affirm the judgment in part and reverse and dismiss the conviction for
reckless driving.

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

JOHN C. RHEAUME
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

JAMES A. COHEN                      JOHN KNOX WALKUP
200 Jefferson Avenue, Suite 925     Attorney General and Reporter
Memphis, TN 38103
                                    JANIS L. TURNER
                                    Assistant Attorney General
                                    425 5th Avenue, North
                                    Nashville, TN 37243

                                    JOHN W. PIEROTTI
                                    District Attorney General

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

Judge: WELLES

First Paragraph:

The Petitioner appeals as of right the trial court's denial of his
petition for post-conviction relief.  The Petitioner pleaded guilty
pursuant to a plea agreement to one count of aggravated rape and one
count of aggravated robbery.  He was sentenced to twenty years
incarceration for the aggravated rape and twelve years for the
aggravated robbery, to be served concurrently.

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

STATE OF TENNESSEE
vs.
BOBBY JOE RUSSELL

Court:TCCA

Attorneys:

For the Appellant:                  For the Appellee:

G. Scott Kanavos                    Charles W. Burson
166 North Ocoee Street              Attorney General of Tennessee
P.O. Box 42                             and             
Cleveland, TN 37364-0042            Michael J. Fahey, II
                                    Asst Attorney General of Tennessee                  
                                    450 James Robertson Parkway     
                                    Nashville, TN 37243-0493

                                    Jerry N. Estes
                                    District Attorney General
                                    203 E. Madison Ave.
                                    P.O. Box 647
                                    Athens, TN 37303-0647

                                    Joe Rehyansky
                                    Asst District Attorney General
                                    P.O. Box 1351
                                    Cleveland, TN 37364-1351

Judge: Tipton

First Paragraph:

The defendant, Bobby Joe Russell, appeals as of right from his
convictions by a jury in the Polk County Criminal Court for reckless
homicide, a Class D felony, and possession of a firearm where
alcoholic beverages are served, a Class A misdemeanor.  For the
reckless homicide, the defendant received a four-year sentence as a
Range I, standard offender to be served in the custody of the
Department of Correction and was fined five thousand dollars.  For the
possession of a firearm, he received a consecutive sentence of eleven
months and twenty-nine days to be served in the county jail and was
fined two thousand five hundred dollars.

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

STATE OF TENNESSEE
vs.
LESLIE THOMPSON

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

BILL ANDERSON, JR.                  OHN KNOX WALKUP
138 North Third Street              Attorney General and Reporter
Memphis, TN 38103
                                    JANIS L. TURNER
                                    Assistant Attorney General
                                    425 5th Avenue North
                                    Nashville, TN 37243

                                    JOHN W. PIEROTTI
                                    District Attorney General

                                    P.T. HOOVER
                                    Asst District Attorney General
                                    Criminal Justice Complex, Ste 301
                                    201 Poplar Street
                                    Memphis, TN 38103                         

Judge: WELLES

First Paragraph:

The Defendant, Leslie Thompson, appeals as of right pursuant to Rule 3
of the Tennessee Rules of Appellate Procedure.  He was convicted by a
Shelby County jury of two counts of assault.  The trial court
sentenced him as a Range I standard offender to six months
imprisonment in the county workhouse for each count, with the
sentences to run concurrently.  The trial court also imposed a two
hundred fifty dollar ($250) fine for each count.  In this appeal, the
Defendant argues that the trial court erred both in permitting the
State to question his character witness about knowledge of his prior
bad acts and in sentencing him to six months incarceration.  After
reviewing the record, we conclude that the Defendant's issues lack
merit.  Accordingly, we affirm the judgment of the trial court.

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

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