TBALink Opinion-Flash

November 4, 1997 -- Volume #3 -- Number #113

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
08-New Opinons From TCCA

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George Dean
TBALink Chief Editor


STATE OF TENNESSEE
vs.
STEVEN E. BAKER

Court:TCCA

Attorneys:

For Appellant:                  For Appellee:

Richard McGee                   Charles W. Burson
601 Woodland Street             Attorney General and Reporter
Nashville, TN 37206
                                Peter M. Coughlan
                                Assistant General and Reporter
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                Lila Statom
                                Asst District Attorney General
                                Washington Square
                                Suite 500
                                222 Second Avenue, North
                                Nashville, TN 37201-1649                          

Judge: WADE

First Paragraph:

The defendant, Steven Eugene Baker, pled guilty to one count of
especially aggravated sexual exploitation of a minor and two counts of
sexual battery.  The trial court imposed concurrent, Range I sentences
of nine years and one year, respectively.  In this appeal of right,
the defendant challenges the length of the sentence and the trial
court's denial of alternative sentencing.

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

MELVIN LEE BURKETT
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

JANET S. KELLEY                 JOHN KNOX WALKUP 
106 East Main                   Attorney General & Reporter
Waverly, TN  37185 
                                CLINTON J. MORGAN 
                                Assistant Attorney General
                                2nd Floor, Cordell Hull Building
                                425 Fifth Avenue North 
                                Nashville, TN  37243

                                C. PHILLIP BIVENS 
                                District Attorney General

                                GEORGE C. SEXTON
                                Assistant District Attorney General
                                Humphreys County Courthouse
                                Waverly, TN  37185                          

Judge:WOODALL

First Paragraph:

The Petitioner, Melvin Burkett, appeals the trial court's denial of
his petition for post-conviction relief.  On February 21, 1991,
Petitioner was convicted of two counts of aggravated rape following a
jury trial in the Circuit Court for Humphreys County.  He was
sentenced to twenty (20) years on the first count and fifteen (15)
years on the second count, to be served consecutively.  This court
affirmed the  convictions and sentences following direct appeal by
Petitioner. State v. Melvin Burkett, C.C.A. No. 01C01-9110 CC-00303,
Humphreys County (Tenn. Crim. App., at Nashville, Oct. 8, 1992) (Rule
11 application denied, concurring in results only, Feb. 16, 1993). 
Petitioner timely filed a petition for post-conviction relief and
following an evidentiary hearing, the trial court dismissed the
Petition.  In this appeal, Petitioner argues that he was denied the
Sixth Amendment right to the effective assistance of counsel.  In
addition, Petitioner asserts that the judgment is void as the
indictment failed to contain the proper mens rea for the offense of
aggravated rape.  We affirm the judgment of the trial court.

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

CARL E. CHANEY, JR.
vs.
STATE OF TENNESSEE

Court:TCCA
                          
Judge:PEAY

First Paragraph:

In his petition for writ of habeas corpus relief, the petitioner
asserted that he was being illegally restrained because the
preliminary hearing on his pending charges was conducted beyond the
10-day time period prescribed by Tenn. R. Crim. P. 5(d).  It appears
that while the petitioner was arrested on January 31, 1997, his
preliminary hearing was not held until February 28, 1997. 
Subsequently, the petitioner was indicted by the grand jury of Coffee
County on March 4, 1997, and arraigned on March 11, 1997.

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

WILLIAM HIGHTOWER
vs.
STATE OF TENNESSEE

Court:TCCA
                        
Judge: PEAY

First Paragraph:

In 1988, the appellant pled guilty to numerous counts of forgery. 

URL:http://www.tba.org/tba_files/TCCA/hightow3_ord.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
JAMES THOMAS MANNING

Court:TCCA
                        
Judge:PEAY

First Paragraph:

The appellant contends that the trial court erred in revoking his
probation.

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

JAMES RICHARD SEEDEN
vs.
STATE OF TENNESSEE

Court:TCCA
                        
Judge: PEAY

First Paragraph:

On July 2, 1997, the appellant filed a petition for post-conviction
relief claiming that the indictments against him were fatally
defective in that they failed to allege the proper mens rea.  The
appellant previously pled guilty to three counts of rape of a child on
March 23, 1993.  The judgment orders were entered on March 31, 1993.

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

DANIEL VILLERS
vs.
STATE OF TENNESSEE

Court:TCCA
                        
Judge:PEAY

First Paragraph:

From our review of the record, it appears that the petitioner filed a
Motion to Reopen Post-Conviction Petition on May 13, 1996. 
Subsequently, on May 20, 1996, the trial court dismissed the motion
because it was not filed within the time set forth in the statute of
limitations and because the ground for relief had been previously
determined.  On May 24, 1997, the petitioner filed a motion to
reconsider, which was denied by the trial court on August 2, 1996.  A
second motion to reconsider was filed on January 22, 1997, and was
denied by the trial court on January 31, 1997.  The petitioner then
filed a notice of appeal on February 10, 1997.

URL:http://www.tba.org/tba_files/TCCA/villars1_ord.WP6

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