TBALink Opinion-Flash

October 02, 1997 -- Volume #3 -- Number #94

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
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
08-New Opinons From TCA
29-New Opinons From TCCA

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George Dean
TBALink Chief Editor


BELLSOUTH TELECOMMUNICATIONS, INC.
d/b/a SOUTH CENTRAL BELL TELEPHONE COMPANY
vs.
H. LYNN GREER, Chairman, SARA KYLE,     
Director, and MELVIN J. MALONE, Director,
Constituting the Tennessee Regulatory Authority
                            

BELLSOUTH TELECOMMUNICATIONS, INC.
vs.
TENNESSEE PUBLIC SERVICE COMMISSION


STATE OF TENNESSEE, on relations of 
BELLSOUTH TELECOMMUNICATIONS, INC.
vs.
KEITH BISSELL, STEVE HEWLETT, and   
SARA KYLE, in their capacity as Commissioners   
of the Tennessee Public Service Commission

Court:TCA

Attorneys: 

For BellSouth Telecommunications, Inc.:

Guy M. Hicks, III
Bennett L. Ross
Nashville, Tennessee

James G. Harralson
Atlanta, Georgia


For AT&T Communications of the
South Central States, Inc.:

Val Sanford
John Knox Walkup
Gullett, Sanford, Robinson & Martin
Nashville, Tennessee

For Tennessee Public Service Comm.:

Charles W. Burson
Attorney General & Reporter

Michael E. Moore
Solicitor General

Michael W. Catalano
Associate Solicitor General
Nashville, Tennessee


For Tennessee Consumers:

Charles W. Burson
Attorney General & Reporter

Michael E. Moore
Solicitor General

L. Vincent Williams
Consumer Advocate
Nashville, Tennessee                         

Judge: KOCH

First Paragraph:

This consolidated appeal of three separate proceedings involves the
efforts of BellSouth Telecommunications, Inc. to take advantage of the
1995 legislation easing the traditional regulatory burdens on
telecommunications service providers.  After making significant
adjustments in BellSouth's reported operating results, the Tennessee
Public Service Commission determined that BellSouth's current earned
rate of return exceeded its authorized rate of return and that
BellSouth was receiving $56.285 million in excess revenues.  The
Commission directed BellSouth to reduce its rates by $56.285 million
and set the initial rates in the company's price regulation plan
accordingly.  On this appeal, BellSouth and another intervening party
take issue with the procedures employed by the Commission to consider
and act upon BellSouth's application for a price regulation plan.  We
have determined that these proceedings were not preempted by the
federal Telecommunications Act of 1996.  We have also determined that
the General Assembly did not give the Commission authority to adjust
BellSouth's reported operating results and that the Commission should
have convened a contested case hearing when BellSouth took issue with
the Commission's decision to adjust its reported operating results. 
Accordingly, we vacate the Commission's January 23, 1996 order and all
earlier related orders.

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

GEORGE M. BOND
vs.     
COM-THER, INC.

Court:TCA

Attorneys:

Ryan A. Kurtz
Trabue, Sturdivant & DeWitt
2500 Nashville City Center
511 Union Street
Nashville, TN 37219-1738
and
William P. Suriano
280 Shenstone Road
Riverside, Illinois 60546
ATTORNEYS FOR DEFENDANT/APPELLANT

J. Ross Pepper
222 Second Avenue North
Suite 360-M
Nashville, TN 37201
ATTORNEY FOR PLAINTIFF/APPELLEE                          

Judge: INMAN

First Paragraph:

The plaintiff and the defendant entered into a "Contract Services
Agreement" in 1994 which provided, as pertinent to this case, that
either party might terminate it at any time by giving 30 days notice
to the other.  On May 19, 1995, the defendant informed the plaintiff
by letter that " . . . we are discontinuing our relationship with you
for Physical Therapy services, effective May 19, 1995.

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

CHEROKEE HILLS UTILITY DISTRICT 
vs.
JEFF STANLEY, Individually, 
and Jeff Stanley, d/b/a
Wahoo's

Court:TCA

Attorneys: 

H. FRANKLIN CHANCEY OF CLEVELAND FOR APPELLANT
B. PRINCE MILLER, JR., OF CLEVELAND FOR APPELLEE
                         
Judge: Goddard

First Paragraph:

Jeff Stanley, Individually, and d/b/a Wahoo's, appeals a judgment of
the Circuit Court for Polk County which mandatorily enjoined him to
remove a cabin he was constructing and a concrete pad from an easement
for a water line which the Trial Judge found was owned by Cherokee
Hills Utility District and was an encumbrance on  property conveyed to
Mr. Stanley.

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

RALPH MOORE CRESWELL
vs.
BILLIE CRESWELL DUFF

Court:TCA

Attorneys: 

Karl D. Warden
2000 First Union Tower
150 Fourth Avenue North
Nashville, TN 37219-2425
ATTORNEY FOR DEFENDANT/APPELLANT

James L. Woodard
408 Main Street
P. O. Box 708
Franklin, TN 37064
ATTORNEY FOR PLAINTIFF/APPELLEE                         

Judge: INMAN

First Paragraph:

This complaint was filed July 17, 1978, by a Conservator seeking an
accounting from a Trustee - Executrix. The defendant was appointed
guardian of Ralph Moore Creswell ["Creswell"] in 1973 and Trustee in
1974 by the County Court of Williamson County.  Her accounting to the
County Court is challenged in this action.  The case languished for
eighteen (18) years and was finally heard on October 10, 1996. 
Creswell was awarded $15,412.74 and pre-judgment interest from July
17, 1978 at 10% per annum.

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

MARK EDWARD KINSLER 
vs.
CARL BAKER, et ux   
EDITH BAKER

Court:TCA

Attorneys: 

WILLIAM E. PHILLIPS OF ROGERSVILLE FOR APPELLANT
FLOYD W. RHEA OF SNEEDVILLE FOR APPELLEE                         

Judge: Goddard

First Paragraph:

In this suit, the Plaintiff seeks a determination that he owns a
right-of-way from his property located in the Fourth District of
Hancock County over the adjoining property of the Defendants.

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

LIONS HEAD HOMEOWNERS'  
ASSOCIATION, A not for profit Tennessee
Corporation, WHITE BRIDGE 
NEIGHBORHOOD ASSOCIATION, INC.,
FRIENDS OF RICHLAND CREEK, INC.,
MIKE LAMB, and THE DOMINICAN
CAMPUS
vs.
METROPOLITAN BOARD OF ZONING
APPEALS, METROPOLITAN
GOVERNMENT OF NASHVILLE,
DAVIDSON COUNTY, TENNESSEE,
and THE MARTIN COMPANIES, INC

Court:TCA

Attorneys:  

For the Plaintiffs/Appellants:      For Metropolitan Board of Zoning
                                    Appeals and Metropolitan Government
George E. Barrett                   of Nashville and Davidson County:
Phillip A. Purcell
Barrett, Johnston & Parsley         Thomas G. Cross
Nashville, Tennessee                Nashville, Tennessee


                                    For The Martin Companies, Inc.:

                                    Hugh C. Howser, Jr.
                                    Trabue, Sturdivant & DeWitt
                                    Nashville, Tennessee
                        
Judge: KOCH

First Paragraph:


This appeal stems from a decision of the Metropolitan Board of Zoning
Appeals to grant a conditional use permit for a medical office
building and parking garage adjacent to St. Thomas Hospital.  The
homeowners' association of a neighboring condominium development and
other parties who opposed the project filed a petition for a writ of
certiorari in the Chancery Court for Davidson County.  The trial court
heard the case without a jury and upheld the Board's decision to grant
the conditional use permit.  On this appeal, the project's opponents
take issue with the procedures followed by the Board in granting the
conditional use permit and also assert that the project does not
comply with the Zoning Ordinances for the Metropolitan Government of
Nashville and Davidson County.  We affirm.

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

JOHN WAYNE SLATE, SR.
vs.
STATE OF TENNESSEE BOARD OF
PAROLES, ET AL.

Court:TCA

Attorneys:

JOHN KNOX WALKUP
Attorney General and Reporter

TERESA S. THOMAS #12788
Counsel for the State
404 James Robertson Parkway
Suite 2000
Nashville, TN 37243
ATTORNEYS FOR DEFENDANTS/APPELLEES

John Wayne Slate #123012
N.E.C.C.
P.O. Box 5000
Mountain City, TN 37683-5000
ATTORNEY FOR PLAINTIFF/APPELLANT                          

Judge: TODD

First Paragraph:

The captioned plaintiff, a prisoner in custody of the Department of
Correction awaiting execution has appealed from a decision of the
Board of Paroles denying his request for parole.  His death sentence
has been stayed by a federal court which ordered a retrial of the
issue of punishment.  This retrial has not yet taken place.

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

JAMES SLYMAN
vs.
NATIONAL KNIFE COLLECTORS
ASSOCIATION

Court:TCA

Attorneys: 

WILLIAM R. HANNAH OF CHATTANOOGA FOR APPELLANT
ERSKINE P. MABEE OF CHATTANOOGA FOR APPELLEE                         

Judge: Goddard

First Paragraph:

In this jury case, National Knife Collectors Association appeals a
$5000 judgment rendered against it in favor of James Slyman, raising
the following two issues on appeal, neither of which questions the
amount of the award: 1. Whether the Trial Court erred in failing to
hold as a matter of law that plaintiff could not recover against
defendant for defamation. 2.    Whether the Trial Court erred in
failing to hold as a matter of law that the 90/10 rule was not
selectively enforced.

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

STATE OF TENNESSEE
vs. 
AAA AARON'S ACTION AGENCY

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:
THOMAS L. WHITESIDE                 JOHN KNOX WALKUP 
Attorney at Law                     Attorney General & Reporter
172 Second Avenue North 
Suite 214                           KATHY A. MORANTE
Nashville, TN  37201-1908           Assistant Attorney General
                                    2nd Floor, Cordell Hull Building
                                    425 Fifth Avenue North 
                                    Nashville, TN  37243

                                    VICTOR S. JOHNSON, III
                                    District Attorney General

                                    DAN HAMM 
                                    Asst District Attorney General
                                    200 Washington Square
                                    222 Second Avenue North
                                    Suite 500
                                    Nashville, TN  37201-1649                         

Judge: WOODALL

First Paragraph:


AAA Aaron's Action Agency appeals as of right from the Davidson County
Criminal Court's "Order Granting Approval to Write Bonds under
Specific Conditions."  The Appellant argues one issue in this appeal:
Whether the Davidson County Criminal Court, sitting en banc, was
arbitrary and capricious in imposing a requirement that Appellant post
either a Deed of Trust to unencumbered real estate located in
Nashville, Davidson County, Tennessee, or cash, certificate of
deposit, letter of credit, or other liquid assets before authorizing
Appellant to perform as a professional bondsman.  We affirm the
judgment of the trial court.

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

STATE OF TENNESSEE
vs.
MICHAEL AMOS

Court:TCCA

Attorneys:

FOR THE APPELLANT                   FOR THE APPELLEE
Michael D. Noel                     John Knox Walkup
2400 Crestmoor Road, Ste. 318       Attorney General and Reporter
Nashville, Tennessee 37215          450 James Robertson Parkway
                                    Nashville, Tennessee 37243-0493
L. Robert Grefseng                      
28 Public Square                    John R. Collier         
Columbia, Tennessee 38401           Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, Tennessee 37243-0493

                                    T. Michael Bottoms
                                    District Attorney General
                                    P.O. Box 459
                                    Lawrenceburg, Tennessee 38464

                                    Jesse Durham
                                    Asst District Attorney General
                                    P.O. Box 1619
                                    Columbia, Tennessee 38402

                                    J. Lee Bailey, III
                                    Asst District Attorney General
                                    P.O. Box 1619
                                    Columbia, Tennessee 38402                          

Judge: BARKER

First Paragraph:

The appellant, Michael Amos, appeals as of right his convictions
following a jury trial for the offenses of attempted second degree
murder and especially aggravated robbery.  He argues on appeal that:
(1)  The trial judge erred when he did not grant the appellant a
continuance when a material alibi witness failed to appear on the day
of the trial; (2)  The trial judge erred when he did not allow the
appellant to read prior recorded testimony of the missing alibi
witness into evidence; (3)  The trial judge erred when he refused to
allow the appellant to use a prior recorded statement to impeach the
State's "eyewitness" to the crimes; (4)  The trial judge erred when he
refused to allow a photograph of the appellant wearing rings on his
left hand into evidence; and (5)  The evidence was insufficient to
support the conviction of especially aggravated robbery.

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

ARTHUR L. ARMSTRONG
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT                   FOR THE APPELLEE
Michael D. Noel                     John Knox Walkup
2400 Crestmoor Road, Ste. 318       Attorney General and Reporter
Nashville, Tennessee 37215          450 James Robertson Parkway
                                    Nashville, Tennessee 37243-0493
L. Robert Grefseng                      
28 Public Square                    John R. Collier         
Columbia, Tennessee 38401           Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, Tennessee 37243-0493

                                    T. Michael Bottoms
                                    District Attorney General
                                    P.O. Box 459
                                    Lawrenceburg, Tennessee 38464

                                    Jesse Durham
                                    Asst District Attorney General
                                    P.O. Box 1619
                                    Columbia, Tennessee 38402

                                    J. Lee Bailey, III
                                    Asst District Attorney General
                                    P.O. Box 1619
                                    Columbia, Tennessee 38402                         

Judge: WOODALL

First Paragraph:

The Petitioner, Arthur L. Armstrong, appeals as of right the dismissal
of his petition for post-conviction relief by the Criminal Court of
Davidson County, Tennessee.  This is Petitioner's second petition for
post-conviction relief.  He  was originally convicted in 1978 for
multiple offenses which resulted in Petitioner receiving consecutive
sentences for two (2) life imprisonment sentences, two (2) sentences
of not less than ten (10) nor more than fifteen (15) years, and one
(1) sentence of twenty (20) years.  The facts of the case can be found
in this court's opinion affirming the convictions in Arthur L.
Armstrong v. State, No. C-2854, Davidson County (Tenn. Crim. App.,
Nashville, February 27, 1980).  The first post-conviction petition was
dismissed and this court affirmed.  Arthur Armstrong v. State, No.
01C01 9003-CC-00069, Davidson County (Tenn. Crim. App., Nashville,
Oct. 25, 1990), perm. to appeal denied (Tenn. 1991).

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

IMOTHY ASHBURN
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:
L. Jeffrey Hagood                   John Knox Walkup
Attorney at Law                     Attorney General & Reporter 
Riverview Tower, Suite 2100
900 S. Gay Street                   Sandy Copous Patrick  
Knoxville, TN 37902                 Assistant Attorney General
                                    Criminal Justice Division
Kenneth F. Irvine, Jr.              450 James Robertson Parkway
Attorney at Law                     Nashville, TN 37243-0493
606 W. Main Street, Suite 350
P.O. Box 84 H.                      Greeley Wells, Jr.
Knoxville, TN 37901-0084            District Attorney General

                                    Frank Harvey 
                                    Asst. Dist. Attorney General
                                    P.O. Box 703
                                    Kingston, TN 37763                          

Judge: SUMMERS

First Paragraph:


The appellant, Timothy Ashburn, was convicted of three counts of
aggravated rape and two counts of aggravated kidnaping.  He received
an effective sentence of seventeen years.  On appeal, this Court
affirmed the appellant's convictions and sentence.  Thereafter, the
appellant filed a petition for post-conviction relief alleging that
the indictments against him failed to sufficiently allege the mens rea
for aggravated rape.  He also alleged that the Tennessee Department of
Correction (TDOC) improperly classified him as a multiple rapist. 
After a hearing, the appellant's petition was denied and dismissed. 
He appeals this dismissal.  We affirm.

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

STATE OF TENNESSEE
vs.
MICHAEL A. BASKETTE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:
PHILIP A. CONDRA                    JOHN KNOX WALKUP
District Public Defender            Attorney General and Reporter
12th Judicial District
P. O. Box 220                       M. ALLISON THOMPSON
Jasper, TN  37347                   Counsel for the State
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493

                                    J. MICHAEL TAYLOR
                                    District Attorney General

                                    WILLIAM COPELAND
                                    Assistant District Attorney
                                    1 South Jefferson Street
                                    Winchester, TN  37398                         

Judge: SMITH

First Paragraph:

A Franklin County Circuit Court jury convicted Appellant Micheal B.
Baskette of driving on a revoked license.  As the result of two prior
convictions in Davidson County for driving on a revoked license,
Appellant was subsequently convicted in a bench trial for driving on a
revoked license third offense.  Appellant was sentenced to sixty days
in the county jail and a fine imposed.  In this appeal, Appellant
claims that his conviction for driving on a revoked license third
offense was improperly based upon a prior guilty plea in which there
was no effective waiver of counsel. For the reasons set forth, the
judgment of the trial court is affirmed.

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

STATE OF TENNESSEE
vs.
DWJUAN L. BRADFORD

Court:TCCA

Attorneys:

For Appellant:                      For Appellee:
Roger K. Smith, Attorney            Charles W. Burson
104 Woodmont Boulevard              Attorney General & Reporter
Suite 115
Nashville, TN  37205                Lisa A. Naylor
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493
                                                
                                    Kymberly Hattaway Haas
                                    Asst. District Attorney General
                                    Washington Square, Suite 500
                                    222 Second Avenue North 
                                    Nashville, TN  37201-1649                           

Judge: WADE

First Paragraph:

The defendant, Dwjuan L. Bradford, was convicted of especially
aggravated robbery.  Tenn. Code Ann. S 39-13-403.  The trial court
imposed a Range I sentence of nineteen years.

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

STATE OF TENNESSEE
vs.
RANDY CALDWELL and  
STEVIE W. CALDWELL

Court:TCCA

Attorneys: 

FOR THE APPELLANT RANDY             FOR THE APPELLEE:
CALDWELL:
                                    JOHN KNOX WALKUP
JAMES D. WHITE, JR.                 Attorney General & Reporter
Route 3, Box 1
Celina, TN 38551                    DARYL J. BRAND
       (On appeal)                  Asst. Attorney General
                                    450 James Robertson Pkwy.
CHRISTOPHER L. CANTRELL             Nashville, TN 37243-0493
3301 North Public Square
Smithville, TN 37166                WILLIAM E. GIBSON
        (At trial)                  District Attorney General

FOR THE APPELLANT STEVIE W.         ANTHONY J. CRAIGHEAD
CALDWELL:                                 -and-
                                    BEN FANN
MARTELIA T. CRAWFORD                Asst. District Attorneys General
310A E. Broad St., Suite 1          145 S. Jefferson Ave.
Cookeville, TN 38501                Cookeville, TN 38501
        (On appeal)

J. HILTON CONGER
200 South Third
Smithville, TN 37166
        (At trial)                         

Judge: PEAY

First Paragraph:

The defendants were indicted in January 1995 on charges of felony
murder, aggravated arson, and conspiracy to commit arson against
personal property.  On August 29, 1995, a jury convicted each of the
defendants on all three counts.  They each received a life sentence
for the felony murder conviction, nineteen years for the aggravated
arson conviction, and six months for the conspiracy to commit arson
against personal property.

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

STATE OF TENNESSEE
vs.
JOHN ALLEN CHAPMAN

with CONCURRING OPINION

Court:TCCA

Attorneys:

For the Appellant:                  For the Appellee:
PHILLIP A. CONDRA                   CHARLES W. BURSON
District Public Defender            Attorney General and Reporter
P. O. Box 220   
204 Betsy Pack Drive                MICHAEL J. FAHEY, II
Jasper, TN  37347                   Assistant Attorney General                          
									Criminal Justice Division
(AT TRIAL AND ON APPEAL)            450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
ROBERT S. PETERS                        
Attorney at Law                     J. MICHAEL TAYLOR       
3rd National Bank Building          District Attorney General
100 1st. Avenue, S.W.               1st American National Bank Bldg
Winchester, TN  37398               Dayton, TN  37321

(AT TRIAL ONLY)                     THOMAS D. HEMBREE                               
									Asst. District Attorney General
                                    Lawyer's Building       
                                    Jasper, TN  37347                          

Judge: Hayes

First Paragraph:

The appellant, John Allen Chapman, appeals from the April 2, 1994,
Grundy County jury verdict finding him guilty of first degree murder,
aggravated kidnapping, and aggravated sexual battery.  The jury fixed
the appellant's sentence at life imprisonment for first degree murder
and the trial court imposed maximum sentences of twelve years each for
the remaining offenses and ordered all sentences to be served
consecutively.

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

WILLIAM DAVID CLAPP
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:
William David Clapp, Pro Se         Charles W. Burson
Reg. No. 04405-084                  Attorney General of Tennessee
P.O. Box 4000 Knox-A                    and             
Manchester, KY 40962-4000           Sarah M. Branch
   (AT TRIAL & ON APPEAL)           Asst Attorney General of Tennessee                  
   									450 James Robertson Parkway     
Kenneth F. Irvine, Jr.              Nashville, TN 37243-0493
606 W. Main Street, Suite 350
P.O. Box 84                         H. Greeley Welles, Jr.
Knoxville, TN 37901-0084            District Attorney General
   (ON APPEAL)                          and
                                    Barry P. Staubus
                                    Asst District Attorney General
                                    P.O. Box 526
                                    Blountville, TN 37617-0526                         

Judge: Tipton

First Paragraph:

The petitioner, William David Clapp, appeals as of right from the
Sullivan County Criminal Court's dismissal of his petition for
post-conviction relief.  The trial court dismissed the petition,
concluding that it was barred by the statute of limitations.  We
affirm the judgment of the trial court.

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

SHONIE WARDELL CRISP
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, Tennessee Court of Criminal Appeals Rules.  Based on our
review, we affirm the judgment of the trial court pursuant to Rule 20.

URL:http://www.tba.org/tba_files/TCCA/crispsw1_ord.WP6
Opinion-Flash

MICHAEL B. DAVIS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:
John B. Blair, III                  John Knox Walkup
Attorney at Law                     Attorney General & Reporter 
176 2nd Avenue North
Suite 406                           Sandy Copous Patrick
Nashville, TN 37201                 Assistant Attorney General
                                    2d Floor Cordell Hull Bldg.
                                    425 Fifth Avenue North
                                    Nashville, TN 37243-0943
    
                                    Randall E. Nichols
                                    District Attorney General

                                    Fred Bright
                                    Asst District Attorney General
                                    City-County Bldg.
                                    Knoxville, TN 37902                         

Judge:  SUMMERS

First Paragraph:

The appellant, Michael B. Davis, appeals the denial of his petition
for post-conviction relief, arguing that his guilty plea was not
entered knowingly and voluntarily because he received ineffective
assistance from his attorney and because he was coerced into pleading
guilty due to the possibility of federal gun charges.  The appellant
pled guilty to second degree murder, possession of cocaine for resale,
and possession of a weapon in the commission of a felony.  He was
sentenced as a Range I, standard offender to the minimum sentence of
fifteen years on the murder charge, six years on the drug charge, and
one year on the weapons charge.  The six-year sentence and the
one-year sentence were to be served concurrently to each other, but
consecutively to the murder charge.  Thus, the appellant received a
total sentence of twenty-one years to be served in the Department of
Correction.  We affirm.

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

STATE OF TENNESSEE
vs.
DOUGLAS RUSSELL DELOIT

Court:TCCA

Attorneys:

For Appellant:                  For Appellee:
C. Edward Fowlkes               Charles W. Burson
Fowkles & Whiteside             Attorney General & Reporter
172 Second Avenue, North
Suite 214                       Lisa A. Naylor
Nashville, TN  37201            Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN  37243-0493   
    
                                George R. Bonds
                                Assistant District Attorney General
                                Washington Square, Suite 500
                                Nashville, TN  37201-1649                          

Judge: WADE

First Paragraph:

The defendant, Douglas Russell Deloit, was convicted of driving under
the influence.  The trial court imposed a jail sentence of eleven
months and twenty-nine days, suspended all but forty-eight hours, and
barred the defendant from driving for one year.  In this appeal of
right, the defendant challenges the admission into evidence of breath
test results and argues that the evidence is otherwise insufficient to
sustain the conviction.  We agree that the trial court erred by
admitting the test results.  The judgment is, therefore, reversed and
the cause remanded for a new trial.

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

ROBERT FINNEY, JR.
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:
On appeal (Pro Se)                  JOHN KNOX WALKUP
ROBERT FINNEY, JR.                  Attorney General & Reporter
SCCF/CCA
P.O. Box 279                        CLINTON J. MORGAN
Clifton, TN 38425                   Counsel for the State
                                    Criminal Justice Division
At the hearing:                     450 James Robertson Parkway
GEOFFREY COSTON                     Nashville, TN 37243-0493    
2813 West End Bldg.
Nashville, TN 37203                 VICTOR S. JOHNSON, III
                                    District Attorney General

                                    NICHOLAS BAILEY
                                    MARY HAUSMAN
                                    PAMELA  ANDERSON
                                    Asst District Attorney Generals
                                    Washington Square
                                    222 Second Ave. N.
                                    Nashville, TN. 37201-1649                         

Judge: WITT 

First Paragraph:

The petitioner, Robert Finney, Jr., appeals pursuant to Rule 3(b)  of
the Tennessee Rules of Appellate Procedure from the Davidson County
Criminal Court's alleged dismissal of his petition for post-conviction
relief.  The petitioner was convicted in 1985 of felony-murder,  first
degree burglary, aggravated assault, assault with the intent to commit
first degree murder, and malicious shooting.  He received a life
sentence for the murder conviction and five-year and two-year
sentences for the other convictions.  All sentences run concurrently.

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

STATE OF TENNESSEE
vs.
JAMES EDWARD GATES

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:   
KARL DEAN                           JOHN KNOX WALKUP
Public Defender                     Attorney General & Reporter

JEFFERY DeVASHER                    PETER M. COUGHLAN
Asst. Public Defender               Asst. Attorney General
1202 Stahlman Bldg.                 450 James Robertson Pkwy.
Nashville, TN 37201                 Nashville, TN 37243-0493
     (On Appeal)
                                    VICTOR S. JOHNSON, III
WENDY S. TUCKER                     District Attorney General
    -and-
JOAN A. LAWSON
Asst. Public Defenders              KYMBERLY HAAS
12th Floor Stahlman Bldg.           Asst. District Attorney General
Nashville, TN 37201                 Washington Square Bldg.,Suite 500
     (At Trial)                     222 Second Ave., North
                                    Nashville, TN 37201                          

Judge: PEAY

First Paragraph:

The defendant was indicted in February 1995 for especially aggravated
robbery.  A jury convicted him of this offense and after a hearing, he
was sentenced to nineteen years in the Tennessee Department of
Correction.  In this appeal as of right, the defendant raises the
following issues: 1.  Whether the trial court erred in denying the
defendant's motion to suppress statements made by the defendant to
police officers. 2.  Whether the trial court erred in refusing to
grant a mistrial after the State allowed the jury to hear a portion of
the defendant's tape recorded statement that should have been
redacted. 3.  Whether the trial court erred in denying the defendant's
request for a special jury instruction regarding the applicable range
of punishment and further erred in instructing the jury on the number
of years the defendant would have to serve before becoming eligible
for parole. After a review of the record and applicable law, we find
that these issues are without merit.  Thus, we affirm the judgment of
the court

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

JOE GLASGOW, JR.
vs.
STATE OF TENNESSEE

with SEPARATE OPINION CONCURRING IN
PART AND DISSENTING IN PART

Court:TCCA

Attorneys:

For the Appellant:                  For the Appellee:
Kenneth F. Scott                    Charles W. Burson
First American Center               Attorney General of Tennessee
Nashville, TN 37238                     and             
(AT TRIAL AND ON APPEAL)            Michael J. Fahey, II
                                    Ass Attorney General of Tennessee
David A. Collins                    450 James Robertson Parkway     
211 Printers Alley Bldg.            Nashville, TN 37243-0493
Nashville, TN 37201
(ON APPEAL)                         Victor S. Johnson, III
                                    District Attorney General
                                        and
                                    Kymberly Haas
                                    Asst District Attorney General
                                    Washington Square
                                    222 2nd Avenue North
                                    Nashville, TN 37201-1649                          

Judge: Tipton

First Paragraph:

The petitioner, Joe Glasgow, Jr., appeals as of right from the
Davidson County Circuit Court's denial of his petition for
post-conviction relief.  He contends that he is entitled to
post-conviction relief because he received ineffective assistance of
counsel during the hearing on his motion for new trial and on direct
appeal and because the trial court violated his due process rights
when it failed to hold a full and fair hearing before it ruled that he
did not have "standing" to challenge a search.  Because we conclude
that the trial court unduly limited the petitioner's proof at the
post-conviction hearing, we remand the case for another hearing.  We
also grant the petitioner a delayed appeal.

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

MARVIN GOODMAN
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:
For Appellant:                  For Appellee:
James G. King                   Charles W. Burson
222 Second Avenue               Attorney General & Reporter
Suite 416                       450 James Robertson Parkway
Nashville, TN  37201            Nashville, TN  37243

                                Lisa Naylor
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN  37243

                                Katie Miller
                                Assistant District Attorney General
                                222 Second Avenue North
                                Washington Square, Suite 500
                                Nashville, TN  37201-1649                          

Judge: WADE

First Paragraph:

In 1991, the petitioner, Marvin Goodman, was convicted of two separate
drug offenses and received concurrent sentences of six and eight
years.  In 1993, after a conviction for escape, he received a two-year
sentence to be served consecutively to the 1991 sentences.  In this
action, the petitioner sought relief on two different grounds: (1)
that the 1989 Sentencing Reform Act violates the Separation of Powers
Clause of the Tennessee Constitution; and (2)  that the 1989
Sentencing Reform Act violates the determinate sentencing law. After
an evidentiary hearing, the trial court denied the petition.  We
affirm.

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

RICKY D. HULSEY
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:
HERSHELL D. KOGER               JOHN KNOX WALKUP
Attorney at Law                 Attorney General & Reporter
P.O. Box 1148
Pulaski, TN  384781             EUGENE J. HONEA
                                Assistant Attorney General
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493    

                                MICHAEL W. McCOWN
                                District Attorney General

                                WEAKLEY E. BARNARD
                                Assistant District Attorney General
                                P.O. Box 904
                                Fayetteville, TN  37334                         

Judge: WITT

First Paragraph:

The petitioner, Ricky D. Hulsey, appeals the Lincoln County Circuit
Court's dismissal of his petition for post-conviction relief.  The
petitioner was sentenced to a five year incarcerative term following
his guilty pleas to the offenses of aggravated assault and vandalism. 
After the petitioner filed his post conviction petition, the lower
court appointed counsel, conducted a hearing, and denied the requested
relief in a well-drafted order setting forth the detailed findings of
fact and conclusions of law.  In this appeal, the petitioner
challenges the lower court's determinations he did not enter his
guilty pleas knowingly and voluntarily and that he received the
effective assistance of counsel.  Having reviewed the record, we
affirm the judgment of the lower court pursuant to Rule 20 of the
rules of this court.

URL:http://www.tba.org/tba_files/TCC/hulseyrd_opn.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
EDWARD IROGHUEHI ISIBOR

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:
STEPHEN CROFFORD                    JOHN KNOX WALKUP 
209 10TH Avenue, South              Attorney General and Reporter
Suite 511
Cummins Station                     PETER M. COUGHLAN
Nashville, TN 37203                 Assistant Attorney General
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    JOSEPH D. BAUGH, JR.
                                    District Attorney General

                                    DEREK SMITH
                                    Asst District Attorney General
                                    P. O. Box 937
                                    Franklin, TN 37065-0937                         

Judge: RILEY

First Paragraph:

On July 30, 1996, Edward Iroghuehi Isibor was found guilty at a bench
trial of resisting arrest, a Class B misdemeanor.  The trial court
placed defendant on judicial diversion with eleven (11) months and
twenty-nine (29) days probation.  Defendant complains that the trial
court erred in allowing consolidation of the initial and subsequent
indictments, and the evidence is insufficient to sustain the trial
court's finding of guilt.  We find these issues to be without merit
and AFFIRM the trial court in the finding of guilt.  Although the
issue was not raised, the judgment of the trial court must be modified
to reflect  judicial diversion with six (6) months probation.

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

EDDIE B. LEWIS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:
SHAWN A. TIDWELL                    JOHN KNOX WALKUP
Stanton, Tidwell & Mendes, PLLC     Attorney General and Reporter
Cummins Station, Suite 507
209 Tenth Avenue South              DARYL J. BRAND
Nashville, TN  37203                Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243

                                    VICTOR S. JOHNSON
                                    District Attorney General
    
                                    LILA STATOM
                                    Assistant District Attorney
                                    222 2nd Avenue North, Ste. 500
                                    Nashville, TN  37201                          

Judge: SMITH

First Paragraph:

Appellant Eddie B. Lewis appeals the dismissal of his petition for
habeas corpus relief.  He presents the following issues for review:
(1) whether Tennessee's sentencing scheme violates the Separation of
Powers Clause of the Tennessee Constitution; and (2) whether
Tennessee's sentencing scheme violates the determinate sentencing
statute set out at Tennessee Code Annotated Section 40-35-211.
After a review of the record, we affirm the judgment of the trial
court.

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

KENNETH LOWE
vs.
HOWARD CARLTON, 
WARDEN, and STATE OF 
TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:
Kenneth Lowe,  Pro Se               Charles W. Burson
212010 NECC                         Attorney General and Reporter   
P. O. Box 5000
Mountain City, TN  37683-5000   
                                    Michael J. Fahey, II
                                    Assistant Attorney General                          
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
                        
                                    (AT TRIAL AND ON APPEAL)                         

Judge: Hayes

First Paragraph:

The appellant, Kenneth Lowe, appeals the trial court's dismissal of
his pro se petition for writ of habeas corpus relief.  In September of
1992, the appellant was convicted by a Bradley County jury of the
offenses of attempt to commit rape and aggravated rape and was
subsequently sentenced to an effective sentence of fifteen years
imprisonment.  He is currently confined at the Northeast Correctional
Center in Johnson County.  The appellant filed the instant petition
alleging that the judgments entered against him are void because the
indictment failed to allege the mens rea of the offenses charged.  The
trial court dismissed the petition on the basis that allegations
concerning the sufficiency of the indictment are not the proper
subject of habeas corpus relief.  We agree with this ruling.  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/lowek_opn.WP6
Opinion-Flash
ASON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:
Hershell Koger                      John Knox Walkup
135 North First Street              Attorney General and Reporter
P.O. Box 1148                           
Pulaski, TN 38478                   Clinton J. Morgan
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    T. Michael Bottoms      
                                    District Attorney General
                                    P.O. Box 459
                                    Lawrenceburg, TN 38464

                                    Robert C. Sanders       
                                    Assistant District Attorney
                                    Maury County Courthouse
                                    Columbia, TN 38401                         

Judge: Barker

First Paragraph:

The appellant, Steven Mason, appeals as of right the trial court's
dismissal of his petition seeking post-conviction relief.  He contends
that the trial court was in error in concluding that he had received
the effective assistance of counsel in his underlying felony. 
Following our review of the record on appeal, we affirm the judgment
of the trial court

URL:http://www.tba.org/tba_files/TCCA/masons2_opn.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
RICHARD MCADAMS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:
GUY R. DOTSON, JR.                  JOHN KNOX WALKUP
102 South Maple Street              Attorney General and Reporter
Murfreesboro, TN  37130
                                    LISA A. NAYLOR
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493

                                    BILL WHITESELL
                                    District Attorney General
        
                                    JOHN W. PRICE, III
                                    Assistant District Attorney
                                    303 Rutherford Cty, Judicial Bldg.
                                    Murfreesboro, TN  37130                         

Judge: SMITH

First Paragraph:

Appellant Richard McAdams entered a plea of guilty in the Rutherford
County Circuit Court to one count of possession of marijuana for
resale.  As a Range I standard offender, the Appellant received a
sentence of one year and six months of incarceration with the
Tennessee Department of Correction, all of which was suspended with
the exception of 35 days to be served in the Rutherford County
Workhouse.  Appellant also received a fine of $2,000.  While in the
workhouse Appellant was placed on work release status.  On April 18,
1995, a probation revocation warrant issued for Appellant.  Appellant
allegedly violated workhouse rules in that he endeavored to bring
contraband into the workhouse upon returning to that facility from
work.  Following a probation revocation hearing, Appellant was removed
from work release and ordered to serve 45 days of straight
incarceration at the Rutherford County Jail beginning January 8, 1996,
and to serve the remainder of his sentence on supervised probation. 
In this direct appeal, Appellant contends that there was insufficient
evidence to support the trial court's ruling revoking Appellant's
probation. After a review of the record, we affirm the judgment of the trial
court.

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

======================================================================
                     TBALink Opinion Flash-P1
October 02, 1997                                 Vol. #3 -- No. #094
======================================================================

STATE OF TENNESSEE
vs.
ROBERT MOORE

with SEPARATE OPINION CONCURRING IN
PART AND DISSENTING IN PART

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:
Shipp R. Weems                      John Knox Walkup
District Public Defender                Attorney General and Reporter
                            
Carey J. Thompson                   Janis L. Turner         
Assistant Public Defender           Assistant Attorney General
P.O. Box 160                        450 James Robertson Parkway
Charlotte, TN 37036                 Nashville, TN 37243-0493


                                    Dan Mitchum Alsobrooks
                                    District Attorney General

                                    Suzanne M. Lockert
                                    Assistant District Attorney
                                    P.O. Box 580
                                    Charlotte, TN 37036                         

Judge: Barker

First Paragraph:

The appellant, Robert Moore, pled guilty in the Circuit Court of
Dickson County to twenty (20) counts of passing forged prescriptions. 
On July 16, 1993, the trial court ordered appellant to serve two (2)
years on each count in community corrections.  Three counts were
ordered to be served consecutively for an effective sentence of six
(6) years.  In January of 1996, after appellant violated three rules
of the program, his case officer obtained an arrest warrant for
violating community corrections.  The trial court held a hearing and
revoked appellant's alternative sentence.  It ordered appellant to
serve the remainder of his sentence in the Department of Correction.

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

STATE OF TENNESSEE
vs.
MARTHA L. PENNINGTON

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:
MICHAEL J. FLANAGAN                 JOHN KNOX WALKUP 
Attorney at Law                     Attorney General & Reporter
95 White Bridge Road #208
Nashville, TN  37205                DARYL J. BRAND
                                    Assistant Attorney General
                                    425 Fifth Avenue North 
                                    2nd Floor, Cordell Hull Building
                                    Nashville, TN  37243

                                    DAN M. ALSOBROOKS
                                    District Attorney General

                                    ROBERT S. WILSON
                                    Asst District Attorney General
                                    P.O. Box 580 
                                    Charlotte, TN  37036                          

Judge: WOODALL

First Paragraph:

The Defendant, Martha L. Pennington, entered a guilty plea to the
offense of driving under the influence of an intoxicant (DUI) in the
Circuit Court of Dickson County.  The Defendant received a sentence of
eleven (11) months and twenty-nine (29) days, with all but forty-eight
(48) hours of the sentence suspended.  She was fined $350.00 and
ordered to pay court costs.  With the consent of the State and the
trial court, Defendant explicitly reserved a certified question of law
dispositive of the case pursuant to Tennessee Rules of Criminal
Procedure 37(b)(2)(i).  The certified question of law in this appeal
is:  "Whether or not the detention of the defendant, in this case,
under the policy of the Dickson County Sheriff's Department,
constitutes punishment so as to preclude further prosecution on double
jeopardy grounds or violates the defendant's due process rights." 
After a thorough review of the record, we affirm the judgment of the
trial court.

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

JOE SEIGLE
vs.
OSCAR MASON, Tennessee  
Department of Corrections, 
DOUG CLUCK, Tennessee   
Board of Paroles, and   
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:
Thomas R. Bandy, III                Charles W. Burson
P. O. Box 1127                      Attorney General and Reporter
Kingsport, TN 37662
                                    Timothy F. Behan
                                    Assistant Attorney General
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
                        
                                    H. Greeley Wells, Jr.
                                    District Attorney General

                                    Robert M. Montgomery
                                    Asst. District Attorney General
                                    Blountville  TN  37617                         

Judge: Hayes

First Paragraph:

The appellant, Joe Seigle, appeals the trial court's dismissal of his
petition for writ of habeas corpus.  On May 10, 1993, the appellant
pled guilty in the Sullivan County Criminal Court to one count of
passing a worthless check in excess of $60,000, a class B felony.  The
length and manner of service of the sentence were to be determined by
the trial court.  The trial court imposed a ten year sentence in the
Department of Correction.  On the date of the sentencing hearing, the
appellant was in federal custody serving a five year sentence.   The
record indicates that the appellant had additional federal charges
pending.  The appellant is currently confined at the federal
correctional facility in Lexington, Kentucky.

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

JAMES H. TURNER
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:
JAMES H. TURNER, pro se             JOHN KNOX WALKUP
TCIP ANNEX, #99071                  Attorney General & Reporter
Route 1
Only, TN 37140                      LISA A. NAYLOR
                                    Attorney for the State
                                    450 James Robertson Pkwy.
                                    Nashville, TN  37243-0493
                
                                    JOSEPH D. BAUGH
                                    District Attorney General

                                    RONALD L. DAVIS
                                    Asst. District Attorney General
                                    P. O. Box 937
                                    Franklin, TN 37065-0937                          

Judge: PEAY

First Paragraph:

The petitioner, an inmate with the Department of Correction, received
three concurrent forty-five year sentences for two convictions of
aggravated kidnapping and one conviction of accessory before the fact
to murder in the second degree.  By petition for a writ of habeas
corpus, he challenges his restraint alleging that it is "illegal and
void on the face of the records."  His petition was dismissed without
a hearing by the court below.

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

ROBERT F. TURNER
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:
Robert F. Turner, Pro Se            Charles W. Burson
# 167179                            Attorney General of Tennessee
Turney Center Annex                     and             
Route One                           Eugene J. Honea
Only, TN 37140                      Asst Attorney General of Tennessee                  
                                    450 James Robertson Parkway     
                                    Nashville, TN 37243-0493

                                    William H. Cox
                                    District Attorney General
                                    600 Market Street, Suite 310
                                    Chattanooga, TN 37402                         

Judge: Tipton

First Paragraph:


The petitioner, Robert F. Turner, appeals as of right from the
Hamilton County Criminal Court's dismissal of his second
post-conviction petition without a hearing.  He contends that he is
entitled to post-conviction relief because the use of the term "moral
certainty" in the reasonable doubt jury instruction given at his trial
allowed the jury to convict him based on a lower standard of proof
than is constitutionally required.

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

LORENZO C. WATERS
vs.
STATE OF TENNESSEE  

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:
W. CASEY REED                       JOHN KNOX WALKUP
211 Printers Alley Building         Attorney General and Reporter
Suite 400
Nashville, Tennessee 37201          DARYL J. BRAND
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, Tennessee 37243-0493

                                    VICTOR JOHNSON
                                    District Attorney General
                        
                                    ROGER MOORE
                                    Asst District Attorney General
                                    Washington Sq Building-Suite 500
                                    222 Second Avenue, North
                                    Nashville, Tennessee   37201                        

Judge: WALKER

First Paragraph:

The appellant, Lorenzo C. Waters, appeals as of right from a judgment
of the trial court denying his petition for post-conviction relief,
following an evidentiary hearing.  Appellant alleges that he received
ineffective assistant of counsel when he entered a plea of  guilty to
murder in the second degree and received a sentence of forty years as
a Range II offender.

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

TONY CRAIG WOODS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:
John E. Herbison                    John Knox Walkup
Attorney at Law                     Attorney General & Reporter
2016 Eighth Avenue, South           500 Charlotte Avenue
Nashville, TN 37204                 Nashville, TN 37243-0497
(Appeal Only)
                                    Eugene J. Honea
W.  Casey Reed                      Assistant Attorney General
Attorney at Law                     450 James Robertson Parkway
211 Printer's Alley                 Nashville, TN 37243-0493
Suite 400          
Nashville, TN  37201                Victor S. Johnson, III
(Trial Only)                        District Attorney General       
                                    Washington Sq Building, Suite 500
                                    222 Second Avenue, North
                                    Nashville, TN 37201-1649
                                    
                                    Thomas B. Thurman
                                    Asst District Attorney General
                                    Washington Sq Building, Suite 500
                                    222 Second Avenue, North
                                    Nashville, TN 37201-1649                         

Judge: Jones

First Paragraph:

The appellant, Tony Craig Woods (petitioner), appeals as of right from
a judgment of the trial court dismissing his action for
post-conviction relief.  The trial court ruled the action was barred
by the statute of limitations.  In this Court, the petitioner contends
(a) the trial court should have afforded him the opportunity to
present evidence to explain why he failed to file his action timely
and (b) the reasonable doubt instruction given by the trial court was
constitutionally infirm.  After a thorough review of the record, the
briefs submitted by the parties, and the law governing the issues
presented for review, it is the opinion of this Court the judgment of
the trial court should be affirmed.

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

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