TBALink Opinion-Flash

September 17, 1997 -- Volume #3 -- Number #088

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
00-New Opinons From TCA
04-New Opinons From TCCA

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George Dean
TBALink Chief Editor


BOBBY RAY ANDERSON
vs.
ALTON HESSON, WARDEN

Court:TCCA

Judge: JONES

First Paragraph:

This matter is before the Court upon the state's motion to affirm the
judgment of the trial court under Rule 20, Rules of the Court of
Criminal Appeals.  The case before this Court represents an appeal
from the trial court's denial of the petitioner's petition for writ of
habeas corpus.  The record was filed on July 23, 1997, and the
petitioner filed his brief on the same day.  The petitioner was
originally indicted on one count of aggravated rape in January 1984,
and was subsequently convicted of the same.  In the present appeal,
the petitioner, relying in part upon State v. Roger Dale Hill, No.
01C01-9508-CC 00267 (Tenn. Crim. App. June 20, 1996), contends the
judgment entered against him is void because the indictment failed to
allege the mens rea of the offense charged.

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

STATE OF TENNESSEE
vs.
CEDRIC DAVIS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                      FOR THE APPELLEE:

W. MARK WARD (on appeal)                JOHN KNOX WALKUP
147 Jefferson, Suite 900                Attorney General and Reporter
Memphis, TN 38103
                                        KAREN M. YACUZZO
WILBUR C. RULEMAN, JR. (at trial)       Assistant Attorney General
251 Adams Avenue                        450 James Robertson Parkway
Memphis, TN 38103                       Nashville, TN 37243-0493

                                        WILLIAM L. GIBBONS
                                        District Attorney General

                                        JAMES M. LAMMEY
                                        Asst District Attorney General
                                        201 Poplar Avenue, Suite 301
                                        Memphis, TN 38103                         

Judge: RILEY

First Paragraph:

The defendant, Cedric Davis, was convicted by a Shelby County jury of
murder in the first degree.  He was sentenced to life in prison.  On
appeal, he challenges the sufficiency of the convicting evidence by
arguing that (1) the state did not establish his identity beyond a
reasonable doubt, and (2) the state failed to establish beyond a
reasonable doubt that the homicide was intentional, premeditated and
deliberate.  After a thorough review of the record, we find that the
evidence is sufficient to sustain his conviction.  The judgment of the
trial court is affirmed.

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

HASTIE EUGENE LOVE
vs. 
STATE OF TENNESSEE

Court:TCCA

Judge: Jones

First Paragraph:

This matter is before the Court upon the state's motion, pursuant to
Rule 20, Rules of the Court of Criminal Appeals, to affirm the
judgment of the trial court in this case by order rather than formal
opinion.  The above-captioned case represents an appeal from the trial
court's dismissal of the petitioner's petition for writ of habeas
corpus.  The record was filed on June 20, 1997, and the petitioner
filed his brief on July 16, 1997.  The petitioner is currently serving
concurrent ninety-nine year sentences for two convictions of rape he
received in 1968.  The petitioner contends that his sentence has
expired because the statute under which he was sentenced no longer
exists and the current law imposes a lesser penalty for the offenses
committed.

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

LAIRD PAYNE, also known as
MICHAEL GREGG
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

Laird Payne, Pro Se                 John Knox Walkup
Northwest Correctional Center       Attorney General & Reporter
Route 1, Box 660                    500 Charlotte Avenue
Tiptonville, TN  38079              Nashville, TN  37243-0497

                                    Georgia Blythe Felner
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493

                                    William L. Gibbons
                                    District Attorney General
                                    201 Poplar Avenue, Suite 3-01
                                    Memphis, TN  38103

                                    Glen C. Baity
                                    Asst District Attorney General
                                    201 Poplar Avenue, Suite 3-01
                                    Memphis, TN  38103                         

Judge: Jones

First Paragraph:

The appellant, Laird Payne, also known as Michael Gregg, (petitioner),
appeals as of right from a judgment of the trial court summarily
dismissing his suit for post conviction relief.  The trial court
dismissed the proceeding because it was barred by the statute of
limitations.

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

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