TBALink Opinion-Flash

November 17, 1997 -- Volume #3 -- Number #119

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):
02-New Opinons From TSC
00-New Opinons From TSC-Rules
04-New Opinons From TSC-Workers Comp Panel
15-New Opinons From TCA
08-New Opinons From TCCA

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George Dean
TBALink Chief Editor


DAVID HUTTON
VS.
RUTH E. JOHNSON

Court:TSC

Attorneys:	
FOR APPELLANT							FOR APPELLEE

John Knox Walkup						Christopher M. Was
Attorney General & Reporter				Trabue, Sturdivant & DeWitt
										Nashville, Tennessee
Michael E. Moore 
Solicitor General

Michael W. Catalano
Associate Solicitor General
Nashville, Tennessee
                          

Judge:Drowota

First Paragraph:

We granted the application for permission to appeal filed by the
defendant, Department of Revenue, regarding the issue whether the
Court of Appeals erred in upholding the trial courtŐs determination
that the plaintiff, in computing the use tax on a jet aircraft
acquired by him in December of 1993, was entitled to a credit under
Tenn. Code Ann. ¤ 67-6-510.  We denied the application for permission
to appeal filed by the plaintiff, David Hutton.

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

STATE OF TENNESSEE
VS.
DEMETRIUS DEWAYNE UTLEY

Court:TSC

Attorneys:

For Appellant:						For Appellee:

John Knox Walkup					David Baker
Attorney General & Reporter     	Assistant Public Defender
									Nashville, Tennessee
Michael E. Moore
Solicitor General

Gordon W. Smith
Associate Solicitor General

Darian B. Taylor
Assistant Attorney General
Nashville, Tennessee

Victor S. Johnson, III
District Attorney General

William R. Reed
Assistant District Attorney
Franklin, Tennessee                          

Judge:ANDERSON

First Paragraph:

The question to be decided in this appeal is whether the defendant was
denied his right to a speedy trial as required under the Sixth
Amendment to the United States Constitution and Article I, ¤ 9 of the
Tennessee Constitution.  To answer that question, we must determine
the type of state action which will engage the defendantŐs right to a
speedy trial.

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

CHRISTOPHER STEVEN BAKER
vs.
MIDDLE TENNESSEE ACOUSTICS, 
INC. and CNA INSURANCE      
COMPANY

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellant:                  For the Appellees:

Steven C. Norris                    J. Michael Morgan
Nashville, Tennessee                Ortale, Kelley, Herbert &
                                    Crawford, LLP
                                    Nashville, Tennessee
                        
Judge:Brandt

First Paragraph:

The plaintiff/appellant, Christopher Steven Baker, appeals from the
trial court's decision holding that he failed to prove that he
sustained an injury while working for the defendant/appellee, Middle
Tennessee Acoustic, Inc.  The outcome of the case hinges primarily on
a determination of the plaintiff's credibility.

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

ELSIE HOPKINS
vs.
SAN ANTONIO SHOE, INC.

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:

Fred C. Statum, III
BOBO, HUNT & BOBO
Shelbyville, Tennessee
For the Appellee:

Frank C. Lynch
LYNCH, LYNCH & LYNCH
Winchester, Tennessee
                          
Judge:MALOAN

First Paragraph:

On May 2, 1994, the plaintiff, Elsie Hopkins, fell at work and injured
her right shoulder.  At trial and on appeal the defendant, San Antonio
Shoe, Inc.,  accepted the claim as compensable.  The trial court
awarded thirty-five percent (35%) permanent partial disability to the
body as a whole and assessed a bad faith penalty of twenty percent
(20%) of the temporary total disability benefits due in accordance
with Tennessee Code Annotated S50-6-225(k).  The defendant employer
contends on appeal the evidence preponderates against a vocational
disability award of thirty-five percent (35%) permanent partial
disability to the body as a whole and any finding of bad faith.  The
plaintiff requests an award of post judgment interest.  For the
reasons stated in this opinion, the judgment of the trial court is
affirmed.

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

WILLIE M. NUTT
vs.
ANGELICA UNIFORM GROUP

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:
Wm. Landis Turner
KEATON, TURNER & SPITZER
Hohenwald, Tennessee

For the Appellee:
Paul C. Ney, Jr.
DORAMUS & TRAUGER
Nashville, Tennessee
                          
Judge:MALOAN

First Paragraph:

The plaintiff, Willie M. Nutt, appeals the judgment of the trial court
in dismissing her complaint as being barred by the statute of
limitations.  For the reasons stated in this opinion, we affirm the
judgment of the trial court.

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

KAY PERRYMAN
vs.
COSMOLAB, INC.

Court:TSC - Workers Comp Panel

Attorneys:
For Appellant:                          For Appellee:

Luther E. Cantrell                      Walter W. Bussart
Davies, Cantrell & Humphreys            Bussart & Medley
Nashville, Tennessee                    Lewisburg, Tennessee
                          
Judge: Loser

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. section 50-6-225(e)(3) for hearing and reporting
of findings of fact and conclusions of law.  In this appeal, the
employer contends the evidence preponderates against the trial court's
award of permanent partial disability benefits and temporary total
disability benefits.  The employee concedes the award of temporary
total disability benefits is excessive, but contends the trial court
used an incorrect compensation rate.  As discussed below, the panel
has concluded the award of permanent partial disability benefits
should be affirmed and the award of temporary total disability
benefits modified.  The case is remanded for additional proof as to
the correct compensation rate.

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

STACEY M. ACKER, by next friend 
RAY ACKER,              
vs.
WARREN COUNTY BOARD OF      
EDUCATION and WARREN COUNTY,    
TENNESSEE

Court:TCA

Judge:TODD

First Paragraph:

This is an action for damages against Warren County and the Warren
County Board of Education for injuries sustained by a student who fell
down a stairway.  The proof showed that someone used a chair to prop
open a fire door at the top of the stairs.  As the plaintiff passed
through the door and started down the stairs, another student
inadvertently kicked the chair and it struck the plaintiff, causing
her to fall.

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

AMERICAN COLOR, a division of   
SULLIVAN GRAPHICS, INC. 
vs.
INNOVO, INC.

Court:TCA

Attorneys:

Patrick Johnson
Cavalier Building, Suite 508
95 White Bridge Road
Nashville, TN 37205
ATTORNEY FOR PLAINTIFF/APPELLEE

Lisa M. Sherrill
509 West Court Square
Springfield, TN 37172
ATTORNEY FOR DEFENDANT/APPELLANT
                          
Judge: TODD

First Paragraph:

The defendant, Innovo, Inc., has appealed from a non jury judgment, in
the amount of $58,856.26, in favor of the plaintiff, American Color, a
division of Sullivan Graphics, Inc., for merchandise sold and services
rendered to the defendant.

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

PAULA RENEE STEPHENS COONER
vs.
GARY KENT COONER

Court:TCA
                    
Judge:TODD

First Paragraph:

The appellant has filed a respectful petition to rehear on two
grounds:

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

State of Tennessee, Department of Human     
Services,                       
vs.
Sylvia Fetterolf Ford
and                         
Stanley Fetterol

Court:TCA

Attorneys: 

SAMUEL L. HARRIS
P.O. Box 873
Cookeville, Tennessee 38503
ATTORNEY FOR RESPONDENT/APPELLANT

RANDY S. CHAFFIN
100 S. Jefferson Avenue
Cookeville, Tennessee 38501
ATTORNEY FOR RESPONDENT/APPELLANT

JOHN KNOX WALKUP
Attorney General & Reporter

DOUGLAS EARL DIMOND
Assistant Attorney General
General Civil Division
2nd Floor Cordell Hull Bldg.
425 5th Avenue North
Nashville, Tennessee 37243-0499
ATTORNEY FOR PETITIONER/APPELLEE                         

Judge: BUSSART

First Paragraph:

This is an appeal by respondents/appellants, Stanley Fetterolf and
Sylvia Fetterolf Ford, from a decision of the Putnam County Juvenile
Court terminating their parental rights.  Ms. Ford argues
petitioner/appellee, State of Tennessee Department of Human Services
("Department"), filed its petition for termination of parental rights
in the wrong court and contends the proper venue was the Overton
County Juvenile Court which had handled the initial custody
proceedings.

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

RICK HOLLOWAY
vs.
JOHN R. COLLIER, JR.

Court:TCA

Attorneys:

John S. Colley, III #12029
COLLEY & COLLEY
P.O. Box 1476
Columbia, Tennessee 38402-1476
ATTORNEY FOR PLAINTIFF/APPELLEE
                                                        
Robert L. Trentham, #2257
Mark Tyler Seitz, #11868
TRABUE STURDIVANT & DEWITT
2500 Nashville City Center
511 Union Street
Nashville, Tennessee 37219
ATTORNEYS FOR DEFENDANT/APPELLANT
                          
Judge:TODD

First Paragraph:
   
The defendant, John R. Collier, Jr., has appealed from a jury verdict
and judgment awarding the plaintiff, Rick Holloway, $17,000.00
compensatory damages for a tort described in the complaint as follows.

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

JOSEPH JONES
vs.
LINDA RUDOLPH, COMMISSIONER,    
TENNESSEE DEPARTMENT OF     
HUMAN SERVICES,

Court:TCA

Attorneys:

John Knox Walkup
Attorney General & Reporter

Sue A. Sheldon #152295
Assistant Attorney General
1510 Parkway Towers
404 James Robertson Parkway
ATTORNEYS FOR DEFENDANT/APPELLANT

Norman B. Feaster, II
Legal Services of South Central TN, Inc.
P.O. Box 1293
Tullahoma, TN 37388
ATTORNEY FOR PLAINTIFF/APPELLEE
                          
Judge: TODD

First Paragraph:

The Trial Court and this Court have granted interlocutory appeal from
an order overruling the motion of the Commissioner of Human Services
to dismiss the petition of Joseph Jones for judicial review of an
administrative decision of the Commissioner.

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

LAIDLAW ENVIRONMENTAL       
SERVICES OF SOUTH CAROLINA, INC.                            
vs.
THE METROPOLITAN GOVERNMENT 
OF NASHVILLE AND DAVIDSON       
COUNTY

Court:TCA

Attorneys:

For the Plaintiff/Appellant:            For the Defendant/Appellee:

Thomas V. White                         Stephen O. Nunn
John P. Williams                        Metropolitan Attorney
Tune, Entrekin & White
Nashville, Tennessee
                         
Judge:KOCH

First Paragraph:

This appeal involves a dispute arising out of the performance of a
contract to dispose of fly ash generated by the Nashville Thermal
Transfer plant.  After agreeing to increase the amount of ash it
removed from the plant each day, the disposal company filed a breach
of contract action against the Metropolitan Government in the Chancery
Court for Davidson County.  It alleged that it was entitled to be
compensated based on a minimum charge per container rather than on the
weight of the ash actually removed.  The trial court granted the
Metropolitan Government's motion for summary judgment after
determining that the parties' original contract did not specify a
minimum payment for each container removed and that the parties had
not amended their contract to permit these charges.  The disposal
company asserts on this appeal that the trial court should not have
granted the summary judgment because of material factual disputes
concerning the meaning of certain contract terms.  We have determined
that the trial court correctly interpreted the contract as a matter of
law and, therefore, affirm.

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

PAUL KEVIN NELSON
vs.
THE APPLICATION GROUP, INC.

Court:TCA

Attorneys:

Philip D. Irwin, #12128
NEAL & HARWELL, PLC
2000 First Union Tower
150 Fourth Avenue North
Nashville, TN 37219-2498
ATTORNEY FOR PLAINTIFF/COUNTER-DEFENDANT/APPELLEE

W. Reece Willis, III, #15085
WILLIS & KNIGHT
215 Second Avenue, North
Nashville, TN 37201
ATTORNEY FOR DEFENDANT/COUNTER-PLAINTIFF/APPELLANT
                          
Judge: TODD

First Paragraph:

This appeal involves the action of the Circuit Court in respect to
appeals from two judgments of the General Sessions Court which were
handled under a single caption and docket number in the Circuit Court
and have been certified to this Court as a single appeal.

URL:http://www.tba.org/tba_files/TCA/nelsonpk_opn.WP6
URL:http://www.tba.org/tba_files/TCA/nelsonpk_con.WP6
URL:http://www.tba.org/tba_files/TCA/nelsonp_con.WP6
Opinion-Flash

Michael Keith Newcomb, and wife Caroline
Newcomb, Darden E. Davis and wife, 
Ann J. Davis                        
vs.
William Gonser, and wife Lois Gonser,                   
and                         
Christopher Gonser, and wife Lisa Gonser,   
and Shirley Zeitlin & Company.      

Court:TCA

Attorneys:

GREGORY L. CASHION
CAROL R. DUNN
Manier, Herod, Hollabaugh & Smith
150 Fourth Avenue, North, Suite 2200
Nashville, Tennessee 37219
ATTORNEY FOR THE PLAINTIFFS/APPELLANTS

JOHN J. HOLLINS, JR.
Hollins, Wagster & Yarbrough, P.C.
424 Church Street, 2210 SunTrust Center
Nashville, Tennessee 37219
ATTORNEY FOR THE DEFENDANTS/APPELLEES                          

Judge:BUSSART

First Paragraph:

This is an appeal by plaintiffs/appellants, Michael and Caroline
Newcomb and Darden and Ann Davis, from the decision of the Davidson
County Chancery Court granting the motion for summary judgment filed
by defendants/appellees William and Lois Gonser.  The facts out of
which this matter arose are as follows.

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

PATRICIA ANN WOLFE, BETTIE  
L. ROBERTS, PATRICIA PELTON
ODIE L. MANN, BOYD STUBBLEFIELD,
and RICHARD G. RAY
vs.
THE UNIVERSITY OF TENNESSEE
and THE UNIVERSITY OF       
TENNESSEE SPACE INSTITUTE

Court:TCA

Attorneys:
MARY A. PARKER
STEPHEN C. CROFFORD
PARKER AND CROFFORD
209 Tenth Avenue So., Suite 511
Cummins Station
Nashville, TN 37203
ATTORNEYS FOR PLAINTIFFS/APPELLANTS

ALICE M. WOODY                              ALAN M. PARKER
Assistant General Counsel                   LEWIS, KING, KRIEF,
THE UNIVERSITY OF TENNESSEE                 WALDROP & CATRON
719 Andy Holt Tower                         One Centre Square
Knoxville, TN 37908-0170                    Knoxville, TN 37901

BEN P. LYNCH
LYNCH, LYNCH & LYNCH
P.O. Box 310
Winchester, TN 37398
ATTORNEYS FOR DEFENDANTS/APPELLEES                          

Judge: TODD

First Paragraph:

Six plaintiffs joined in this age discrimination suit under the
Tennessee Human Rights Act, T.C.A. SS 4-21-101 et seq..  The Trial
Court rendered summary judgment dismissing the suits of all
plaintiffs, who have appealed, submitting a single issue for review
and the correctness of the summary judgment.

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

STATE OF TENNESSEE
vs.
NASSEL BROWN

Court:TCCA

Attorneys:

For the Appellant:                  For the Appellee:

A. C. Wharton, Jr.                  Charles W. Burson
District Public Defender            Attorney General of Tennessee
                                    and             
Diane Thackery                      Georgia Blythe Felner
Assistant Public Defender           Asst Attorney General of TN    
201 Poplar Avenue                   450 James Robertson Parkway     
Memphis, TN 38103                   Nashville, TN 37243-0493
   (AT TRIAL)
                                    John W. Pierotti, Jr.
Walker Gwinn                        District Attorney General
Assistant Public Defender                   and
201 Poplar Avenue                   Patience R. Branham
Memphis, TN 38103                   Asst District Attorney General
   (ON APPEAL)                      201 Poplar Avenue
                                    Memphis, TN 38103
                          
Judge: Tipton

First Paragraph:

The defendant, Nassel Brown, appeals as of right from his conviction
for rape of a child, a Class A felony, in the Shelby County Criminal
Court.  As a Range I, standard offender, the defendant received a
sentence of fifteen years in the Department of Correction.  In this
appeal as of right, he contends that the evidence is insufficient to
support his conviction because the state failed to prove that he
penetrated the victim.  We affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
JAMES R. BUSSELL

Court:TCCA

Attorneys:
FOR THE APPELLANT:                  FOR THE APPELLEE:

JOHN H. HENDERSON                   JOHN KNOX WALKUP
District Public Defender            Attorney General and Reporter

C. DIANE CROSIER                    DARYL J. BRAND
Asst District Public Defender       Assistant Attorney General
407-C Main Street                   450 James Robertson Parkway
P. O. Box 68                        Nashville, TN 37243-0493 
Franklin, TN 37065-0068             
                            
                                    JOSEPH D. BAUGH, JR.
                                    District Attorney General

                                    JEFFREY P. BURKS
                                    Asst District Attorney General
                                    Courthouse, Ste. G-6
                                    P. O. Box 937
                                    Franklin, TN 37065-0937                          

Judge: RILEY

First Paragraph:

This is an appeal resulting from defendant's plea of guilty to driving
under the influence of an intoxicant, fourth offense, and driving on a
revoked license.  For the DUI offense, defendant received a sentence
of eleven (11) months and twenty-nine (29) days with a requirement
that he serve two hundred twenty (220) days in jail followed by
supervised probation for the balance of the eleven (11) months and
twenty-nine (29) days.  For driving on a revoked license, he received
a suspended six (6) month sentence to run consecutively to the DUI
sentence.  The sole issue on appeal is whether the trial court erred
in ordering consecutive sentencing.  We affirm the judgment of the
trial court pursuant to Rule 20, Tennessee Court of Criminal Appeals.

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

CHARLES RAY CLEM
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

D. STUART CAULKINS                  JOHN KNOX WALKUP
212 East Main Street                Attorney General and Reporter
Franklin, TN 37064-2507
                                    ELLEN H. POLLACK
                                    Assistant Attorney General                              
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493 
                    
                            
                                    JOSEPH D. BAUGH, JR.
                                    District Attorney General

                                    DEREK K. SMITH
                                    Asst District Attorney General
                                    Courthouse, Ste. G-6
                                    P. O. Box 937
                                    Franklin, TN 37065-0937                          

Judge:RILEY

First Paragraph:

Petitioner, Charles Ray Clem, appeals the dismissal of his petition
for post-conviction relief by the Circuit Court of Williamson County. 
Petitioner presents the following issues for our review: (1) whether
medical testimony was improperly admitted at his original trial under
the fresh complaint doctrine; and (2) whether the indictment was
fatally deficient for failure to properly allege the mens rea elements
of aggravated rape and rape.  We affirm the judgment of the trial
court.

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

STATE OF TENNESSEE
vs.
CLIFTON EPPS

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

CHARLES W. BURSON                   RANDALL W. PIERCE
Attorney General and Reporter       Wampler, Pierce & Siegel, P.C.
                                    294 Washington Avenue
ELLEN H. POLLACK                    Memphis, TN  38103
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN  37243-0493

WILLIAM L. GIBBONS
District Attorney General

JAMES M. LAMMEY
Assistant District Attorney
201 Poplar Avenue, Third Floor
Memphis, TN  38103                          

Judge: SMITH

First Paragraph:

Appellant Clifton Epps was convicted upon his plea of guilty of the
offense of driving while a habitual motor vehicle offender.  See Tenn.
Code Ann. S 55-10-616.  He received a sentence of one year in the
Shelby County Workhouse, however the Appellant was allowed by the
trial court to serve his sentence in a community corrections program.
See Tenn. Code Ann. S 40-36-101, et seq.  The State of Tennessee filed
this appeal which challenges the eligibility of Appellant for a
community corrections placement.

URL:http://www.tba.org/tba_files/TCCA/eppsc_opn.WP6
Opinion-Flash
    
DAVID HASSELL
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:
FOR THE APPELLANT:                  FOR THE APPELLEE:

Elbert E. Edwards, III              John Knox Walkup
Attorney at Law                     Attorney General & Reporter 
46 North Third Street, Suite 824
Memphis, TN 38103                   Elizabeth B. Marney   
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    William L. Gibbons
                                    District Attorney General

                                    C. Alanda Horne
                                    Judson W. Phillips
                                    P. T. Hoover
                                    Asst District Attorneys General
                                    201 Poplar Avenue, 3rd Floor
                                    Memphis, TN 38103                         

Judge:SUMMERS

First Paragraph:

The appellant, David Hassell, was convicted by a jury of first degree
murder.  He was sentenced to life imprisonment.  On direct appeal we
affirmed his conviction.  He then filed a petition for post-conviction
relief alleging that he received ineffective assistance of counsel. 
After a hearing, the trial court denied the petition, finding that the
appellant had failed to prove any of the allegations in his petition. 
He appeals the dismissal of his petition.  Upon review, we affirm.

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

STATE OF TENNESSEE
vs.
ROBBIE JAMES

Court:TCCA

Attorneys:
FOR THE APPELLANT:              FOR THE APPELLEE:

EDWARD J. GROSS                 JOHN KNOX WALKUP
Parkway Towers, Ste. 1601       Attorney General and Reporter
Nashville>=w @>=a*               ELLEN H()()APLLACK
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                VICTOR S. JOHNSON, III
                                District Attorney General

                                WILLIAM R. REED
                                Assistant District Attorney General
                                Washington Sq., Ste. 500
                                222-2nd Avenue, N.
                                Nashville, TN 37201-1649                          

Judge: RILEY

First Paragraph:

Having been found guilty of rape of a child by a Davidson County jury,
defendant has filed this direct appeal.  She was sentenced as a
Standard Offender for this Class A felony to the minimum sentence of
15 years in the Department of Correction.

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

GARY S. MAYES
vs.
STATE OF TENNESSEE

Court:TCCA
             
Judge:WOODALL

First Paragraph:

This matter is before the Court upon the state's motion to affirm the
judgment of the trial court pursuant to Rule 20, Rules of the Court of
Criminal Appeals.  The petitioner is appealing the trial court's
denial of his petition for writ of habeas corpus.  In April of 1993,
the petitioner was indicted on one count of aggravated sexual battery,
and subsequently pled guilty to the same.  In the present appeal, the
petitioner contends the judgment entered against him is void because
the indictment failed to allege the mens rea of the offense charged.

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

STATE OF TENNESSEE
vs.
MICHAEL MOORE

Court:TCCA

Attorneys:
FOR THE APPELLANT:                  FOR THE APPELLEE:

A C Wharton                         John Knox Walkup
Shelby County Public Defender       Attorney General & Reporter 

Edward G. Thompson                  Deborah A. Tullis   
Assistant Public Defender           Assistant Attorney General
                                    Criminal Justice Division
Sherry Brooks                       Cordell Hull Building, 2nd Floor
Assistant Public Defender           425 Fifth Avenue North
201 Poplar Avenue, Second Floor     Nashville, TN 37243
Memphis, TN 38103   
                                    William L. Gibbons
                                    District Attorney General   
                                    P.T. Hoover
                                    Asst District Attorney General
                                    201 Poplar Avenue, 3rd Floor
                                    Memphis, TN 38103

                          
Judge:SUMMERS

First Paragraph:

The appellant, Michael Moore, was convicted by a jury of selling
cocaine.  He received a ten-year sentence as a Range III, persistent
offender.  He appeals his conviction and sentence alleging that the
trial court erred in failing to correctly charge the jury and failing
to articulate the factors used in computing his sentence.  Upon
review, we affirm.

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

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