TBALink Opinion-Flash

October 21, 1997 -- Volume #3 -- Number #105

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):
03-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
02-New Opinons From TCA
02-New Opinons From TCCA

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George Dean
TBALink Chief Editor


JAMES DAVID CARTER
vs.
STATE OF TENNESSEE

Court:TSC

Attorneys:
APPELLANT                               FOR APPELLEE:
Gary C. Shockley, Esq.                  John Knox Walkup
Baker, Donelson, Bearman & Caldwell     Attorney General & Reporter
Nashville, Tennessee
                                        Michael E. Moore
                                        Solicitor General
    
                                        Kathy Morante
                                        Deputy Attorney General

                                        John P. Cauley
                                        450 James Robertson Pkwy.
                                        Nashville, Tennessee

                                        C. Berkeley Bell
                                        District Attorney General
                        
                                        Eric Christiansen
                                        Asst District Attorney General                                          
                          

Judge:DROWOTA

First Paragraph:

We granted the petitioner, James David Carter, permission to appeal to
consider whether the lower courts erred by dismissing Carter's
petition for post-conviction relief upon the grounds that his claims
alleging violations of State v. Middlebrooks 840 S.W.2d 317 (Tenn.
1992) (Drowota, J. and O'Brien, J., dissenting), and Brady v.
Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), have been
previously determined by the federal district court, and that his
claim challenging the constitutionality of the reasonable doubt
instruction given at his trial, is without merit.

URL:http://www.tba.org/tba_files/TSC/carterjd_opn.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
STEPHEN TRACY SHELINE

Court:TSC

Attorneys:
For Appellant:                      For Appellee:

John Knox Walkup                    Donald Mart Lasley
Attorney General & Reporter         Chattanooga, Tennessee
                            
Michael E. Moore                    
Solicitor General                   
                            
Linda A. Ross
Associate Solicitor General
Nashville, Tennessee

At trial:
Gary D. Gerbitz
District Attorney General

Rebecca Stern
Assistant District Attorney General
Chattanooga, Tennessee                          

Judge:ANDERSON

First Paragraph:

The question presented by this appeal is whether the trial court
correctly applied the Tennessee "rape shield" rule when it excluded
evidence of a rape victim's prior sexual conduct.

URL:http://www.tba.org/tba_files/TSC/shelinst_opn.WP6
Opinion-Flash

SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL
October 20, 1997            

Court:TSC Rules
                         
URL:http://www.tba.org/tba_files/TSC_Rules/statelst6_wpd.WP6
Opinion-Flash

DIANE F. DECKER and             
GEORGE H. DECKER
vs.
SUSAN E. OROSZ and              
ERIC J. BERGMAN

Court:TCA

Attorneys:For Appellants                        For Appellees

W. MORRIS KIZER                                 KEITH F. BLUE
Gentry, Tipton, Kizer & McLemore                Jenkins & Jenkins
Knoxville, Tennessee                            Knoxville, Tennessee

                          
Judge:Susano

First Paragraph:

In its present posture, this is a negligence action by the original
plaintiffs seeking damages allegedly arising out of a two-vehicle
accident at the intersection of Cumberland Avenue and Stadium Drive in
Knoxville.  The jury returned a verdict in favor of the defendants,
Susan E. Orosz and her husband, Eric Bergman.  The plaintiffs, Diane
F. Decker and her husband, George H. Decker, appealed.

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

KATHRYN LOWERY      
vs.
KENNETH L. SHELDON

Court:TCA

Attorneys:

W. BRIAN STARNES OF KNOXVILLE FOR APPELLANT

J. SCOTT McCLUEN OF HARRIMAN FOR APPELLEE

                          
Judge:Goddard

First Paragraph:

In this paternity action the Juvenile Judge for Roane County found
that the Defendant Kenneth L. Sheldon was the father of a child born
in 1991 to the Plaintiff Kathryn Lowery.

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

DELVIN L. DONEHUE
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:
FOR THE APPELLANT:              FOR THE APPELLEE:

D. TYLER KELLY                  JOHN KNOX WALKUP 
HARDEE, MARTIN & JAYNES         Attorney General & Reporter
P.O. Box 98
Jackson, TN  38302              KENNETH W. RUCKER
                                Assistant Attorney General
                                425 Fifth Avenue North 
                                2nd Floor, Cordell Hull Building
                                Nashville, TN  37243

                                JOHN W. PIEROTTI
                                District Attorney General

                                ALANDA HORNE 
                                Assistant District Attorney General
                                201 Poplar Street, Suite 301
                                Memphis, TN  38103                          

Judge:WOODALL

First Paragraph:

Appellant, Delvin L. Donehue, appeals as of right from the dismissal
by the Shelby County Criminal Court of his petition for post
conviction relief.  The petition was filed pro se and the trial court
dismissed the petition without an evidentiary hearing.  The trial
court based its dismissal upon the fact that the petition was barred
by the applicable statute of limitations.  Counsel was appointed to
represent petitioner in this court.  We affirm the judgment of the
trial court.

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

RAY DARRIS THOMPSON
vs.
FRED J. RANEY, WARDEN

Court:TCCA

Attorneys:
FOR THE APPELLANT:                  FOR THE APPELLEE:

Mark A. Mesler                      John Knox Walkup
Ballin, Ballin & Fishman, P.C.      Attorney General & Reporter 
200 Jefferson Avenue, Suite 1250    
Memphis, TN 38103                   Elizabeth T. Ryan  
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    C. Phillip Bivens   
                                    District Attorney General
                                    P.O. Drawer E
                                    Dyersburg, TN 38024
                               

Judge:SUMMERS

First Paragraph:

In May 1975 the appellant, Ray Darris Thompson, was convicted by a
jury of rape.  He received a seventy-five year sentence.  In June of
1996 he filed a petition for writ of habeas corpus.  The trial court
dismissed the petition finding that the conviction was not void and
that the appellant's sentence had not expired.  He appeals this
dismissal.  Upon review, we affirm the judgment of the trial court.

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

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