TBALink Opinion-Flash

October 9, 1997 -- Volume #3 -- Number #097

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
10-New Opinons From TCCA

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TBALink Chief Editor


STATE OF TENNESSEE
vs.
BUDDY HUGH BREWER and
TAMMY BREWER

Court:TCCA

Attorneys: 

FOR THE APPELLANTS:                 FOR THE APPELLEE:

KENNETH L. MILLER                   JOHN KNOX WALKUP
Attorney for Appellants             Attorney General and Reporter
30 Second Street
P.O. Box 191                        SANDY R. COPOUS
Cleveland, Tennessee 37364          Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    JERRY N. ESTES
                                    District Attorney General

                                    CARL PETTY
                                    Asst. District Attorney General
                                    P.O. Box 1351
                                    Cleveland, TN 37364-1351                         

Judge: WITT

First Paragraph:

The defendants, Buddy Hugh Brewer and his wife, Tammy Brewer, appeal
certified questions of law  from the Bradley County Criminal Court
pursuant to Rule 37(b) (2) (I) of the Tennessee Rules of Criminal
Procedure.  In cases which have been consolidated for hearing on
appeal, the defendants challenge the issuance and execution of a
warrant to search their home, and Tammy Brewer also challenges the
legality of an arrest and a search of her person incidental to that
arrest.  Subject to the reservation of these dispositive certified
questions, Buddy Brewer pleaded guilty to and received convictions for
the following offenses: (1) simple possession of Schedule II
controlled substances, $750.00 fine, eleven months, twenty-nine days
in the county jail, to be served on probation; (2) possession of
marijuana for sale, Class E felony, Range I, $2,000.00 fine, one year
sentence to be served in split confinement of 90 days incarceration
and the remainder of the sentence to be served on probation.  Subject
to the same reservation, Tammy Brewer pleaded guilty to simple
possession of marijuana and received a fine of $250.00 and a sentence
of eleven months, twenty-nine days, to be served on probation.

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

DAVID FLOYD
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT                   FOR THE APPELLEE

William K. Randolph                 John Knox Walkup
P.O. Bo 611                         Attorney General and Reporter
Dyersburg, Tennessee 38025-0611     450 James Robertson Parkway
                                    Nashville, Tennessee 37243 0493
                    
                                    Janis L. Turner                                     
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, Tennessee 37243 0493

                                    C. Phillip Bivens
                                    District Attorney General
                                    P.O. Box E
                                    Dyersburg, Tennessee 38025                         

Judge: BARKER

First Paragraph:

The appellant, David Floyd, appeals as of right the judgment of the
Dyer County Circuit Court dismissing his petition for post-conviction
relief.  He argues on appeal that he was unconstitutionally denied his
right to effective assistance of counsel because of his trial
counsel's failure to interview potential defense witnesses, failure to
peremptorily challenge a juror, and failure to provide the appellant
with a copy of the trial transcript for appellate purposes.  We have
reviewed the record upon appeal and, finding no reversible error,
affirm the trial court's dismissal of the petition.

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

STATE OF TENNESSEE
vs.
MICHAEL RAY GRICE

with DISSENTING OPINION

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

Michael J. Flanagan                 John Knox Walkup
Dale M. Quillen                     Attorney General & Reporter 
Attorneys at Law
95 White Bridge Road, #208          Deborah A. Tullis
Nashville, TN 37205                 Assistant Attorney General
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    Robert "Gus" Radford
                                    District Attorney General

                                    Todd A. Rose
                                    Asst District Attorney General
                                    P.O. Box 94
                                    Paris, TN 38242                         

Judge: SUMMERS

First Paragraph:

The appellant, Michael Ray Grice, was indicted for possession of a
controlled substance with intent to manufacture, deliver, or sell;
unlawful possession of drug paraphernalia; and unlawful possession of
a weapon.  He pled guilty to the indictment reserving the right to
appeal as a certified question of law the trial court's denial of his
motion to suppress.  See Tenn. R. Crim. P. 37(b)(2).   The appellant
contends that the police lacked reasonable suspicion to make an
investigatory stop of his vehicle.  He argues that evidence obtained
as a result of the search should be suppressed.  Upon review, we
affirm.

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

SEYMORE HAYES, III
vs.
DAVID NEWBERRY, WARDEN,    
AND STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

ARDENA GARTH                        JOHN KNOX WALKUP
District Public Defender            Attorney General & Reporter

DONNA ROBINSON MILLER               CLINTON J. MORGAN
Asst District Public Defender       Assistant Attorney General
701 Cherry St., Ste. 300            Criminal Justice Division
Chattanooga, TN  37402              450 James Robertson Parkway
                                    Nashville, TN 37243-0493    

                                    WILLIAM H. COX, III
                                    District Attorney General

                                    C. LELAND DAVIS
                                    Asst District Attorney General
                                    600 Market St., Ste. 300
                                    City-County Courts Bldg.
                                    Chattanooga, TN  37402                         

Judge:WITT

First Paragraph:

The petitioner, Seymore Hayes III, appeals the Hamilton County
Criminal Court's summary dismissal of his second petition for
post-conviction relief.  The petitioner is currently serving a term of
life imprisonment in the Tennessee Department of Correction for a
conviction of first degree murder.

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

OLEN EDDIE HUTCHISON
vs.
STATE OF TENNESSEE 

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

Christopher Van Riper               Charles W. Burson
300 Market Street, Suite 200        Attorney General of Tennessee
Clinton, TN 37716-0506              and             
                                    John P. Cauley
                                    Asst Attorney General of Tennessee                      
                                    450 James Robertson Parkway     
                                    Nashville, TN 37243-0493

                                    William Paul Phillips
                                    District Attorney General
                                    P.O. Box 10
                                    Huntsville, TN 37756-00010
                                    and     
                                    Michael O. Ripley
                                    Asst District Attorney General
                                    P.O. Box 323
                                    Jacksboro, TN 37757-0323                      

Judge: Tipton

First Paragraph:

The petitioner, Olen Eddie Hutchison, appeals as of right from the
Campbell County Criminal Court's denial of post-conviction relief.  He
was convicted in 1991 for the first degree murder of Hugh Huddleston
and received the death penalty.  He was also convicted of conspiracy
to take a life and solicitation to commit first degree murder for
which he received a total sentence of twenty-two years.  The
convictions and sentences were affirmed on direct appeal. State v.
Hutchison, 898 S.W.2d 161 (Tenn. 1994), cert. denied, U.S.      
116 S. Ct. 137 (1995).  We affirm the denial of post-conviction
relief.

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

STATE OF TENNESSEE
vs.
COLLIS PAUL LANCASTER, JR.

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                      FOR THE APPELLEE:

JOSEPH P. ATNIP (trial and appeal)      JOHN KNOX WALKUP
District Public Defender                Attorney General and Reporter

JAMES DAVID KENDALL (sentencing)        GEORGIA BLYTHE FELNER
Assistant District Public Defender      Assistant Attorney General
111 Main Street                         450 James Robertson Parkway
P.O. Box 734                            Nashville, TN 37243-0493
Dresden, TN 38225
                                        THOMAS A. THOMAS
                                        District Attorney General

                                        JAMES T. CANNON
                                        Asst District Attorney General
                                        414 S. Fourth
                                        P.O. Box 218
                                        Union City, TN 38261-0218                        

Judge:  RILEY

First Paragraph:

The defendant, Collis Paul Lancaster, Jr., was indicted for the
offense of attempt to commit second degree murder.  An Obion County
jury found him guilty of the lesser offense of aggravated assault.  He
was sentenced as a Range II, Multiple Offender, to ten (10) years in
the Tennessee Department of Correction.  On appeal, he presents the
following issues for our review: (1) whether the evidence is
sufficient to support the verdict of guilt, and (2) whether the trial
court erred in refusing to consider a mitigating factor in determining
his sentence.  After a thorough review of the record, we affirm the
judgment of the trial court.

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

THOMAS A. MILES
vs.
STATE OF TENNESSE   


Court:TCCA

Attorneys:
FOR THE APPELLANT:                  FOR THE APPELLEE:


O. DUANE SLONE                      JOHN KNOX WALKUP
        - and -                     Attorney General & Reporter
REBECCA D. SLONE
P.O. Box 1088                       SANDY R. COPOUS 
Dandridge, TN  37725                Asst. Attorney General
                                    450 James Robertson Pkwy.
                                    Nashville, TN  37243-0493

                                    AL C. SCHMUTZER, JR.
                                    District Attorney General

                                    JAMES GASS
                                    Asst. District Attorney General
                                    Sevier County Courthouse
                                    Suite 301   
                                    Sevierville, TN  37862                          

Judge:PEAY

First Paragraph:


The petitioner was convicted of aggravated robbery on October 29,
1991.  Following a sentencing hearing, he was sentenced as a Range II
multiple offender to twenty years in the Tennessee Department of
Correction.  His conviction was affirmed by this Court on May 18,
1993.  The petitioner then filed a pro se petition for post-conviction
relief on November 8, 1993.  Counsel was appointed and an amended
petition was subsequently filed.  After a hearing on September 13,
1996, the post-conviction court denied any relief to the petitioner. 
It is from this denial that he now appeals.

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

STATE OF TENNESSEE
vs.
LEONARD EDWARD SMITH
        

Court:TCCA

Attorneys:
FOR THE APPELLANT:              FOR THE APPELLEE:

J. ROBERT BOATRIGHT             JOHN KNOX WALKUP
150 Commerce Street             Attorney General and Reporter
Kingsport, TN 37660

LARRY S. WEDDINGTON             AMY L. TARKINGTON
200 Seventh Street              Assistant Attorney General 
Bristol, TN 37620               450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                H. GREELY WELLS, JR.
                                District Attorney General
                                P. O. Box 526 
                                Blountville, TN 37617-0526
                          

Judge:RILEY

First Paragraph:

This is the third trial in which the defendant, Leonard Edward Smith,
was sentenced for the felony murder of Novella Webb.  On each occasion
he was sentenced to death by electrocution.  The guilt of the
defendant having been previously affirmed on direct appeal, the
present appeal resulted solely from the re-sentencing hearing. 
Finding as an aggravating circumstance that the defendant had been
previously convicted of one (1) or more felonies, other than the
present charge, which involved the use or threat of violence to the
person, the jury again imposed the death penalty.

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

STATE OF TENNESSEE
vs.
HALLEY O'BRIEN THOMPSON
also known as TONY OZIER

Court:TCCA

Attorneys:
FOR THE APPELLANT:                  FOR THE APPELLEE:

On Appeal:                          John Knox Walkup
C. Michael Robbins                  Attorney General & Reporter
202 South Maple, Suite C            500 Charlotte Avenue
Covington, TN  38019                Nashville, TN  37243-0497

At Trial:                           William David Bridgers
George Morton Googe                 Assistant Attorney General
District Public Defender            450 James Robertson Parkway
227 West Baltimore Street           Nashville, TN  37243-0493
Jackson, TN  38301-6137
                                    James G. Woodall
Pamela J. Drewery                   District Attorney General
Assistant Public Defender           225 Martin Luther King Drive
227 West Baltimore Street           Jackson, TN  38302-2825
Jackson, TN  38301-6137         
                                    Donald H. Allen
                                    Asst District Attorney General
                                    225 Martin Luther King Drive
                                    Jackson, TN  38302-2825                          

Judge:Jones

First Paragraph:


The appellant, Halley O'Brien Thompson, also known as Tony Ozier
(defendant), was convicted of first degree premeditated murder,
attempt to commit voluntary manslaughter, a Class D felony, and
possession of a deadly weapon during the commission of a felony
offense, a Class E felony, by a jury of his peers. The trial court
imposed the following sentences: life imprisonment in the Department
of Correction for first degree murder;   four (4) years in the
Department of Correction for attempted voluntary manslaughter; and two
(2) years in the Department of Correction for possession of a deadly
weapon.   The sentences are to be served concurrently.

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

CURTIS L. WATKINS
vs.
DAVID NEWBERRY, WARDEN
AND STATE OF TENNESSEE

Court:TCCA

Attorneys:
FOR THE APPELLANT:                  FOR THE APPELLEE:

ARDENA GARTH                        JOHN KNOX WALKUP
District Public Defender            Attorney General & Reporter

DONNA MILLER                        CLINTON J. MORGAN
Asst District Public Defender       Assistant Attorney General
701 Cherry St., Ste. 300            Criminal Justice Division
Chattanooga, TN  37402              450 James Robertson Parkway
                                    Nashville, TN 37243-0493    

                                    WILLIAM H. COX, III
                                    District Attorney General
    
                                    THOMAS EVANS
                                    Asst District Attorney General
                                    600 Market St., Ste. 300
                                    City-County Courts Bldg.
                                    Chattanooga, TN  37402                          

Judge:WITT 

First Paragraph:


The petitioner, Curtis L. Watkins, appeals the Hamilton County
Criminal Court's summary dismissal of his "Petition for the Writ of
Habeas Corpus or in the Alternative Petition for Post-Conviction
Relief."  The petitioner is currently serving a term of life
imprisonment in the Tennessee Department of Correction for a
conviction of first degree murder.

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

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