TBALink Opinion-Flash

October 23, 1997 -- Volume #3 -- Number #107

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
01-New Opinons From TSC-Workers Comp Panel
00-New Opinons From TCA
05-New Opinons From TCCA

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George Dean
TBALink Chief Editor


MERLIN STEPHEN HANDLEY
vs.
TRAVELERS INSURANCE COMPANY 
and CANTEEN FOOD SERVICES,INC.  

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:                  For the Appellees:

Charles C. Guinn, Jr.               Thomas E. LeQuire
#1 Washington Ave.                  David C. Nagle
P.O. Box 946                        Suite 200 Flatiron Bldg.
Athens, Tenn.  37371-0946           707 Georgia Ave.
                                    Chattanooga, TN  37402
                          
Judge:THAYER

First Paragraph:
 
Plaintiff, Merlin Stephen Handley, has appealed from the action of the
trial court in dismissing his claim for benefits.  The Chancellor held
plaintiff had failed to carry the burden of proof in establishing his
heart attack was caused by his work activity.

URL:http://www.tba.org/tba_files/TSC_WCP/HANDLEY_WC.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
TERRY FREEMAN

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

LAURA RULE HENDRICKS                JOHN KNOX WALKUP 
Attorney at Law                     Attorney General & Reporter
606 West Main Street, Suite 350
P.O. Box 84                         SANDY COPOUS PATRICK
Knoxville, TN  37901-0084           Assistant Attorney General
(On Appeal)                         2nd Floor, Cordell Hull Building
                                    425 Fifth Avenue North 
                                    Nashville, TN  37243-0943

DAVID F. BAUTISTA                   DAVID E. CROCKETT 
District Public Defender            District Attorney General

ROBERT Y. OAKS                      KENNETH C. BALDWIN
Assistant Public Defender           Asst District Attorney General
Main Courthouse                     Carter County Courthouse Annex
Elizabethton, TN  37643             Elizabethton, TN  37643 
(At Trial)
                          

Judge: WOODALL

First Paragraph:

Pursuant to a negotiated plea agreement, the Defendant, Terry Freeman,
pled guilty in the Criminal Court of Carter County to the Class E
felony offense of possession of marijuana with intent to sell.  The
trial court denied the Defendant's motion to suppress evidence.  With
the consent of the State and the trial court, Defendant reserved the
right to appeal a certified question of law which is dispositive of
the case.  See T.R.A.P. 3(b)(2).  The precise question of law
certified in this appeal is as follows: "Whether the stop of the
Defendant's vehicle was made with reasonable suspicion based on
articulable facts under the Tennessee and United States
Constitutions."  We affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
MICHAEL W. KAUFMANN

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

MACK GARNER                         JOHN KNOX WALKUP
District Public Defender            Attorney General and Reporter
419 High Street         
Maryville, TN 37801                 CLINTON J. MORGAN
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    MIKE FLYNN
                                    District Attorney General
                        
                                    PHILLIP MORTON
                                    Asst District Attorney General
                                    363 Court Street
                                    Maryville, TN 37801                          

Judge:CRAFT

First Paragraph:

The defendant, Michael Kaufmann, appeals as of right from a sentence
imposed by the Blount County Circuit Court.  He entered guilty pleas
to five indictments: two Aggravated Burglary indictments (eight
years),  Theft over $1,000 (four years), Theft over $500 (two years)
and Uttering a Forged Instrument (two years), all concurrent, as a
Range II Multiple Offender, in the custody of the Department of
Correction.  A sentencing hearing was then held for the sole purpose
of determining whether these five convictions would be served
concurrently or consecutively to unexpired sentences he was then
serving for crimes committed in Loudon and Anderson Counties, totaling
five years.  The defendant contends that the trial judge erred in
ordering that the effective eight year sentence for his Blount County
crimes be served consecutively to his previous five year sentences. 
We affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
SUSAN RENEAU

Court:TCCA

Attorneys:
For the Appellant:                  For the Appellee:

Mack Garner                         Charles W. Burson
District Public Defender            Attorney General and Reporter
419 High Street         
Maryville  TN  37804                Janis L. Turner
                                    Assistant Attorney General                              
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
                        
                                    Michael L. Flynn
                                    District Attorney General

                                    Kirk Andrews
                                    Asst. District Attorney General
                                    363 Court Street
                                    Maryville, TN  37804                          

Judge: Hayes

First Paragraph:

The appellant, Susan Reneau, appeals the sentence imposed by the
Blount County Circuit Court upon her plea of guilty to the offense of
facilitation of rape, a class C felony.  Pursuant to a negotiated
plea, the appellant received a sentence of three years as a range I
offender.  The manner of service of the sentence was submitted to the
trial court for determination.  Following a sentencing hearing, the
trial court denied any form of alternative sentence and imposed a
sentence of incarceration in the Department of Correction.  The
appellant now appeals this decision.

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

WILLIAM K. WALDEN
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For Appellant:                      For Appellee:
Randall E. Reagan                   Charles W. Burson
Attorney at Law                     Attorney General & Reporter
602 Gay Street, Ste. 905
Knoxville, TN  37902                Marvin E. Clements, Jr. 
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493           
                                    Randall E. Nichols
                                    District Attorney General
                                    City-County Building
                                    Knoxville, TN  37902                          

Judge: WADE

First Paragraph:
    
The petitioner, William K. Walden, appeals the trial court's dismissal
of his petition for post-conviction relief.  The single issue
presented for review is whether the petition was barred by the statute
of limitations.

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

JIMMY WAYNE WILSON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:
For Appellant:                      For Appellee:

Jimmy Wayne Wilson, Pro Se          Charles W. Burson
108253, MCRC                        Attorney General and Reporter
P.O. Box 2000   
Wartburg, TN  37887                 Michael J. Fahey, II 
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493
                          

Judge:WADE

First Paragraph:
    
The petitioner, Jimmy Wayne Wilson, appeals the trial court's
dismissal of his petition for a writ of habeas corpus.  The single
issue presented for review is whether the indictment was sufficient to
support his conviction for rape.

URL:http://www.tba.org/tba_files/TCCA/WILSONJW2_OPN.WP6

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