TBALink Opinion-Flash

November 6, 1997 -- Volume #3 -- Number #114

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


VERNON BEARD
vs.    
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

J. TIMOTHY STREET               JOHN KNOX WALKUP 
136 Fourth Avenue, South        Attorney General & Reporter
Franklin, TN  37064 
                                EUGENE J. HONEA
                                Assistant Attorney General
                                2nd Floor, Cordell Hull Building
                                425 Fifth Avenue North 
                                Nashville, TN  37243

                                JOSEPH D. BAUGH, JR. 
                                District Attorney General

                                MARK L. PURYEAR, III
                                Asst District Attorney General
                                Williamson County Courthouse,
                                Ste. G-6
                                P.O. Box 937 
                                Franklin, TN  37065-0937
                          

Judge:WOODALL

First Paragraph:

The Petitioner, Vernon Beard, appeals from the trial court's dismissal
of his petition for post-conviction relief.  Petitioner raises two
issues: (1) whether the trial court erred in denying him a delayed
appeal under Tennessee Code Annotated section 40-30-120 (repealed
1995) and (2) whether the trial court erred in denying post conviction
relief on the grounds that he received ineffective assistance of
counsel.  We affirm in part and reverse and remand in part.

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

STATE OF TENNESSEE
vs.
PERCY BROWN

Court:TCCA

Attorneys:
FOR THE APPELLANT:                      FOR THE APPELLEE:

KARL DEAN                               JOHN KNOX WALKUP
Public Defender                         Attorney General and Reporter

JEFFREY A. DeVASHER (on appeal)         LISA A. NAYLOR
HOLLIS I. MOORE, JR. (at hearing)       Assistant Attorney General
Assistant Public Defenders              450 James Robertson Parkway
1202 Stahlman Building                  Nashville, TN 37243-0493
Nashville, TN 37201
                                        VICTOR S. JOHNSON, III
                                        District Attorney General

                                        JAMES W. MILAM
                                        Asst District Attorney General
                                        Washington Square, Suite 500
                                        222 Second Avenue, North
                                        Nashville, TN 37201-1649                          

Judge: RILEY

First Paragraph:

The defendant, Percy Brown, appeals the sentences imposed by the
Davidson County Criminal Court following his guilty plea to two (2)
counts of sexual battery.  The trial court sentenced defendant as a
Range I, Standard Offender, to two (2) years confinement on each count
and ordered that the sentences run consecutively.  On appeal,
defendant argues that the trial court erred in (1) denying alternative
sentencing, and (2) imposing consecutive sentences.  We affirm the
judgment of the trial court.

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

DONALD WAYNE EASLEY
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:

DONALD WAYNE EASLEY
PRO SE
#98515
Turney Center 4B            
Route 1
Only, TN 37140-9709

FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

DARYL J. BRAND
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN  37243-0493

JOSEPH D. BAUGH, JR.
District Attorney General
P. O. Box 937
Franklin, TN 37065-0937 
                          
Judge:RILEY

First Paragraph:

Appellant, Donald Wayne Easley, appeals the denial of a motion to
reopen his prior petition for post-conviction relief.  The motion
alleged the "reasonable doubt" jury instruction given at his 1986
trial was unconstitutional.  He also alleged that the state in 1990
agreed to recommend a sentence reduction to the court in exchange for
his cooperation. The trial court denied relief without a hearing,
finding the motion did not state a colorable claim for relief.  We
affirm the judgment of the trial court.


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

STATE OF TENNESSEE
VS.
WILLIAM K. HOWELL

Court:TCCA

Attorneys:

FOR THE APPELLANT:                      FOR THE APPELLEE:

KARL DEAN                               JOHN KNOX WALKUP
Public Defender                         Attorney General and Reporter

JEFFREY A. DEVASHER (On Appeal)         LISA A. NAYLOR  
Senior Assistant Public Defender        Assistant Attorney General
                                        450 James Robertson Parkway
ROSS ALDERMAN (At Trial)                Nashville, TN 37243-0493    
LAURA DYKES (At Trial)
Assistant Public Defenders              VICTOR S. JOHNSON, III
1202 Stahlman Building                  District Attorney General
Nashville, TN 37201             
                                        JOHN ZIMMERMANN
                                        Asst District Attorney General
                                        Washington Square, Ste. 500
                                        222 Second Avenue, N.
                                        Nashville, TN 37201-1649                          

Judge: RILEY

First Paragraph:

Defendant, William K. Howell, was convicted by a Davidson County jury
of first degree murder in perpetration of theft and sentenced to life
imprisonment.


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

JAMES D. LANE
VS.                                                                                                    
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

J. ROBIN MCKINNEY, JR.          JOHN KNOX WALKUP 
214 2nd. Ave. N.                Attorney General and Reporter                 
Suite 103                                                                                                           
Nashville, TN 37201             ELIZABETH B. MARNEY
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493
                              
                                VICTOR S. JOHNSON, III
                                District Attorney General
                
                                PAMELA S. ANDERSON
                                Asst District Attorney General
                                Washington Square, Suite 500
                                222 2nd Ave. N.
                                Nashville, TN 37201-1649                          

Judge:RILEY

First Paragraph:

The appellant, James D. Lane, appeals the dismissal of his petition
for post conviction relief by the Davidson County Criminal Court.  At
issue is whether appellant's prior guilty plea was knowingly and
voluntarily entered, and whether appellant was deprived of effective
assistance of counsel.  We affirm the judgment of the trial court.


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

STATE OF TENNESSEE
VS.
DOROTHY SHELDON

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

Michael J. Flanagan             Charles W. Burson
Dale M. Quillen                 Attorney General & Reporter 
Attorneys at Law
95 White Bridge Road            Eugene J. Honea
Suite 208, Cavalier Building    Assistant Attorney General
Nashville, TN 37205             Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                Dan M. Alsobrooks
                                District Attorney General

                                Robert S. Wilson
                                Asst District Attorney General
                                P.O. Box 580 
                                Charlotte, TN 37036                          

Judge: SUMMERS

First Paragraph:

The appellant, Dorothy Sheldon, was convicted by a jury of forgery. 
She was sentenced as a Range III, persistent offender to four years
incarceration.

URL:http://www.tba.org/tba_files/TCCA/sheldnd_opn.WP6
URL:http://www.tba.org/tba_files/TCCA/shldndd_dis.WP6
URL:http://www.tba.org/tba_files/TCCA/shedndd2_dis.WP6

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