TBALink Opinion-Flash

December 5, 1997 -- Volume #3 -- Number #127

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
10-New Opinons From TSC-Workers Comp Panel
07-New Opinons From TCA
29-New Opinons From TCCA

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  • Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.

George Dean
TBALink Chief Editor


JAYME BUSSELL
vs.
PROMUS HOTEL CORPORATION,   
d/b/a HARRAH'S CASINO and       
HARRAH'S ENTERTAINMENT, INC.,   
d/b/a HARRAH'S TUNICA CASINO

Court:TSC - Workers Comp Panel

Attorneys:

FOR APPELLANT:              FOR APPELLEE:  
Howard B. Hayden            Martin W. Zummach
Post Office Box 3060            Post Office Box 3543
Memphis, TN 38173-0060      Memphis, TN 38173-0543
                                                      
Judge:CLARK

First Paragraph:

This worker's compensation appeal has been referred to the special
worker's compensation appeals panel of the Supreme Court in accordance
with Tenn. Code Ann. S50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.  Plaintiff
appeals the trial court's grant of summary judgment to defendant and
its finding that her contract of hire with the defendant was made in
the State of Mississippi rather than the State of Tennessee.

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

JAMES BUTTREY
vs.                          
INSURANCE COMPANY OF  THE    
STATE OF PENNSYLVANIA

Court:TSC - Workers Comp Panel

Attorneys:

For Appellant:                                   For Appellee:

Frank Thomas                                     David Burlison
Leitner, Williams, Dooley & Napolitan            Abbott & Burlison
Nashville, Tennessee                             Memphis, 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.  The appellant contends
the injury did not arise out of and in the course of employment and
that the employee failed to give proper notice of his injury.  As
discussed below, the panel has concluded the judgment should be
affirmed.

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

WAYNE M. CROWDER
vs.
MAGIC CHEF COMPANY/     
MAYTAG CLEVELAND COOKING    
PRODUCTS, INC., Employer        
MUTUAL CASUALTY INSURANCE

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:              For the Appellee:

Denny E. Mobbs                  R. Jerome Shepherd
P. O. Box 192                   2180 North Ocoee Street
Cleveland, TN 37364-0192        Cleveland, TN 37311-3919
                          
Judge:BYERS

First Paragraph:

The Employee sustained a herniated disk and underwent two lumbar disk
surgeries in 1995.  The trial court found the back problem was work
related and awarded 35 percent permanent partial disability.

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

THOMAS DELIAS
vs.
PHILIPS CONSUMER ELECTRONICS    
COMPANY                 

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:              For the Appellee:

Arthur G. Seymore, Jr.          Lynn Bergwerk
Robert L. Kahn                  P.O. Box 51785
P.O. Box 39                     Knoxville, Tenn.  37950
Knoxville, Tenn.  37901
                          
Judge:THAYER

First Paragraph:

This appeal has resulted from a decision of the trial court to award
plaintiff, Thomas Delias, 45% permanent partial disability to the body
as a whole.  On appeal the defendant, Philips Consumer Electronics
Company, contends the 45% award is excessive under the evidence.

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

FAYETTE TUBULAR PRODUCTS    
INC. and NATIONAL UNION FIRE    
INSURANCE COMPANY
vs.                                
ANTHONY S. BELLI

Court:TSC - Workers Comp Panel

Attorneys:

For Appellants:                         For Appellee:

Jerry W. Carnes                         S. Roger York
Joel T. Galanter                        York, Bilbrey & Davis
Stewart, Estes & Donnell                Crossville, Tennessee
Nashville, 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.  The employer and its
insurer contend the claim should be disallowed because the employee
engaged in willful misconduct or willfully failed to use a safety
appliance.  As discussed below, the panel has concluded the judgment
should be affirmed.

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

IRIS APPAREL, INC.
vs.
LORA N. FLOWERS
vs.
THE TRAVELERS INSURANCE     
COMPANIES

Court:TSC - Workers Comp Panel
                          
Judge:KILCREASE

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. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.

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

GREGORY A. HARBIN
vs.
ST. MARY'S MEDICAL CENTER, INC.

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:              For the Appellee:

P. Richard Talley               Robert W. Knolton
P. O. Box 950                   105 Donner Dr., Suite B
Dandridge, TN 37725             P.O. Box 4459
                                Oak Ridge, TN  37831-4459                         

Judge:BYERS

First Paragraph:

The plaintiff was employed by the defendant as a security guard.  On
July 8, 1993, he was struck by a vehicle in the defendant's garage. 
There is no dispute that the plaintiff was involved in an accident in
the course of his employment.  The only dispute is whether the
plaintiff failed to show by a preponderance of the evidence that he
suffered any permanent disability as a result of the accident.

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

VIVIAN JEANETTE PAYNE
vs.                                                  
SEQUATCHIE VALLEY COAL           
CORPORATION

Court:TSC - Workers Comp Panel

Attorneys:

FOR THE APPELLANT:                    FOR THE APPELLEE:

MICHAEL A. GERACIOT;                  L. THOMAS AUSTIN      
DALE A. TIPPS                         M. KEITH DAVIS            
LEVINE, MATTSON, ORR                  P. O. Box 666             
& GERACIOTI                           Dunlap, TN 37327 
P. O. Box 190683
Nashville, TN 37219-0683
                          
Judge:RUSSELL

First Paragraph:

This case has an unusually long and complicated history.  The
employee/plaintiff fell at work on September 26, 1990 injuring her
back.  The trial did not take place until April 12, 1995; and the
issues were taken under advisement until July 10, 1996.  The plaintiff
was awarded temporary total disability benefits from September 26,
1990, through November 9, 1990, a total of $1,176.00.  The defendant
was held liable for the medical bills of Drs. Richard W. Brackett,
Paul A. Broadstone and John W. Laramore; and the plaintiff was judged
responsible for any other medical expenses incurred in the past, but
future medical expenses were ordered paid by the defendant.  Certain
expenses in connection with depositions were assessed as discretionary
costs to be paid by the defendant, as were the regular court costs.

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

CAROL POTKAN
vs.                                          
SATURN CORPORATION

Court:TSC - Workers Comp Panel

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:
                            
THOMAS H. PEEBLES, IV               J. ANTHONY ARENA      
DANA C. McLENDON, III               SCHULMAN, LEROY & BENNETT
WALLER, LANSDEN, DORTH & DAVIS      P.O. Box 190676             
P.O. Box 1035                       Nashville, TN 37219-0676 
Columbia, TN 38402-1035
                                                                                     
Judge:RUSSELL

First Paragraph:

The plaintiff/appellee, Carol Potkan, sustained work precipitated
bilateral carpal tunnel syndrome doing assembly line work for the
defendant/appellant, Saturn Corporation.  She underwent a surgical
release on the right, but declined recommended surgery on the left. 
The surgery was performed on February 20, 1992.  She returned to her
prior job the following April, but was unable after two months to
perform those duties because of pain in her arms.  She worked for the
next three years on light duty work at Saturn, experiencing a minimum
of pain.

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

IRENE G. VANCE
vs.                                    
PRINTING INDUSTRY ASSOCIATION 
OF THE SOUTH

Court:TSC - Workers Comp Panel

Attorneys:

For Appellant:                       For Appellee:

Daniel C. Todd                       Joseph L. Mercer, III
Evans & Todd                         Nashville, Tennessee
Nashville, 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.  The employer contends the
employee's injury did not arise out of her employment.  The employee
contends the award is inadequate.  As discussed below, the panel has
concluded the judgment should be affirmed.

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

BELLSOUTH TELECOMMUNICATIONS, INC.  
d/b/a SOUTH CENTRAL BELL TELEPHONE  
COMPANY
vs.
H. LYNN GREER, Chairman, SARA KYLE,     
Director, and MELVIN J. MALONE, Director,       
Constituting the Tennessee Regulatory Authority

BELLSOUTH TELECOMMUNICATIONS, INC.
vs.
TENNESSEE PUBLIC SERVICE COMMISSION

STATE OF TENNESSEE, on relations of     
BELLSOUTH TELECOMMUNICATIONS, INC.
KEITH BISSELL, STEVE HEWLETT, and       
SARA KYLE, in their capacity as Commissioners   
of the Tennessee Public Service Commission

Court:TCA

Attorneys:

For BellSouth Telecommunications, Inc.:

Guy M. Hicks, III
Bennett L. Ross
Nashville, Tennessee

James G. Harralson
Atlanta, Georgia


For AT&T Communications of the
South Central States, Inc.:

Val Sanford
John Knox Walkup
Gullett, Sanford, Robinson & Martin
Nashville, Tennessee
For Tennessee Public Service Comm.:

Charles W. Burson
Attorney General & Reporter

Michael E. Moore
Solicitor General

Michael W. Catalano
Associate Solicitor General
Nashville, Tennessee


For Tennessee Consumers:

Charles W. Burson
Attorney General & Reporter

Michael E. Moore
Solicitor General

L. Vincent Williams
Consumer Advocate
Nashville, Tennessee
                          
Judge:KOCH

First Paragraph:

BellSouth Telecommunications, Inc. has filed a petition for rehearing
that requests this court to modify its October 1, 1997 opinion to
include a holding that BellSouth's price regulation plan became
effective on March 1, 1996.  At our invitation, the other parties to
this appeal have now responded.  AT&T Communications of the South
Central States, Inc. asserts that the issues raised by BellSouth are
within the original, primary jurisdiction of the Tennessee Regulatory
Authority.  The Tennessee Regulatory Authority asserts that setting
March 1, 1996 as the effective date of BellSouth's price regulation
plan is improper because BellSouth  has not been operating under a
price regulation plan as a result of our April 3, 1996 stay order. 
The Consumer Advocate Division launches an unfocused fusillade of
complaints that our October 1, 1997 opinion "overlooks" or
"misapprehends" prior case law, material facts, and the arguments in
the Consumer Advocate's earlier briefs.

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

CHARLES E. CREWS
vs.
DEXTER ROAD PARTNERS,                   
O.P. ADNEY, JR., Individually,          
LARRY L.  TAYLOR, Individually,     
and W. TERRY EDWARDS, Trustee

Court:TCA

Attorneys:

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

Julie Bartholomew                   Douglas Hartley  
Cordova, Tennessee                  Cordova, Tennessee
                          
Judge:LILLARD

First Paragraph:

In this case, the parties entered into a real estate contract in which
the seller was required to construct a road to the property by a
specified date.  The road was not completed by the agreed deadline,
and the buyer sued for liquidated damages provided for by the
contract.  The trial court awarded liquidated damages, and the seller
appeals.  We affirm.

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

CONNIE EASTERLY, COUNTY CLERK   
OF SEQUATCHIE COUNTY, TENNESSEE
vs.
BILL W. HARMON, COUNTY EXECUTIVE    
OF SEQUATCHIE COUNTY, TENNESSEE

Court:TCA

Attorneys:

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

Graham Swafford                     Thomas A. Greer, Jr.
Jasper, Tennessee                   Dunlap, Tennessee 
                          
Judge:LILLARD

First Paragraph:

This is a suit brought by a county clerk against the county executive,
seeking additional remuneration for deputy clerks in the county
clerk's office.  The trial court found in part for the county clerk,
awarding some, but not all, of the relief requested.  We affirm in
part, reverse in part, and remand.

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

CHARLES G. FOSSETT
vs.
STATE OF TENNESSEE

Court:TCA

Attorneys:

For the Claimant/Appellant:         For the Defendant/Appellee:

Nancy E. Ryan                       Mary M. Bers             
Memphis, Tennessee                  Nashville, Tennessee            
                          
Judge:LILLARD

First Paragraph:

This is a suit for reimbursement of child support payments.   The
Tennessee Claims Commission dismissed the plaintiff's lawsuit against
the State of Tennessee, based on lack of jurisdiction.  We affirm.

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

NANCY CATHERINE GERALDO
vs.
VANDERBILT UNIVERSITY

Court:TCA

Attorneys:

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

David E. Danner                     William N. Ozier         
Nashville, Tennessee                Nashville, Tennessee
                          
Judge:LILLARD

First Paragraph:

This case involves a challenge to a student disciplinary board
proceeding at a private university.  The student alleges, among other
things,  that the university breached its contract with her and
violated her rights to due process and fundamental fairness.  The
trial court granted summary judgment in favor of the university.  We
affirm.

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

MICHAEL SANDERSON
vs.
UNIVERSITY OF TENNESSEE

Court:TCA

Attorneys:

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

Marilyn L. Hudson                   Beauchamp E. Brogan
Knoxville, Tennessee                Ronald C. Leadbetter
                                    Knoxville, Tennessee
                                                                    
Judge:LILLARD

First Paragraph:

In this case, a student at the University of Tennessee was charged
with plagiarism.  After a hearing, an administrative law judge found
that the student had not committed plagiarism.  The University
Chancellor reversed the ALJ's decision, issuing a final order finding
the student guilty of plagiarism.  The student appealed this decision
to the chancery court, pursuant to the Tennessee Uniform
Administrative Procedures Act, which affirmed the finding of
plagiarism.  We affirm the decision of the chancery court.

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

O. W. WINSETT
vs.
PAUL ORR and MARY ORR

Court:TCA

Attorneys:

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

Douglas Hartley                     W. Mark Ward      
Mike H. White                       Memphis, Tennessee
Cordova, Tennessee                               
                                                  
Judge:LILLARD

First Paragraph:

This case involves the alleged breach of an oral contract for the
construction of a home.  The trial court granted the builder summary
judgment.  Because some genuine issues of material fact exist, we
affirm in part, reverse in part, and remand.

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

STATE OF TENNESSEE
vs.
MICHAEL ADDISON

Court:TCCA

Attorneys:

For the Appellant:                  For the Appellee:

A.C. Wharton, Jr.                   Charles W. Burson
District Public Defender            Attorney General of Tennessee
         and                        and
W. Mark Ward                        William David Bridgers              
Assistant Public Defender           Asst Attorney General of Tennessee
201 Poplar Avenue                   450 James Robertson Parkway
Suite 201                           Nashville, TN 37243-0493
Memphis, TN 38103-1947
                                    John W. Pierotti                    
                                    District Attorney General   
                                    and
                                    P. Thomas Hoover, Jr.
                                    and
                                    Paul F. Goodman
                                    Asst District Attorneys General
                                    201 Poplar Avenue 
                                    Suite 301
                                    Memphis, TN 38103-1947            
                
                          
Judge:Tipton

First Paragraph:


The defendant, Michael Addison, appeals as of right from a jury
conviction in the Criminal Court of Shelby County for first degree
murder.  The defendant received a sentence of life imprisonment in the
custody of the Department of Correction.

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

STATE OF TENNESSEE
vs.
SLATER BELCHER

Court:TCCA

Attorneys:

FOR THE APPELLANT:                      FOR THE APPELLEE:

KEVIN W. SHEPHERD                       JOHN KNOX WALKUP
(on appeal and motion for new trial)    Attorney General & Reporter
Attorney at Law         
404 Ellis Ave.                          SANDY R. COPOUS
Maryville, TN  37804                    Assistant Attorney General
                                        Criminal Justice Division
MACK GARNER (trial)                     450 James Robertson Parkway
District Public Defender                Nashville, TN 37243-0493    

NATALEE STAATS HURLEY (trial)           MIKE FLYNN
Assistant District Public Defender      District Attorney General
318 Court Street                        Blount County Courthouse
Maryville, TN  37804                    Maryville, TN  37804

                                        JERRY CUNNINGHAM    
                                        Attorney at Law
                                        329 Cates St.
                                        Maryville, TN  37801
                          
Judge:WITT

First Paragraph:

The defendant, Slater Belcher, stands convicted of the first degree
murder of his best friend, Larry Wyatt, and the aggravated assault of
his wife, Denise Belcher.  His convictions were returned by a jury of
his peers in the Blount County Circuit Court at the conclusion of a
five day trial.  The defendant is currently serving a life sentence
for the murder conviction consecutively to a three year sentence for
the aggravated assault.

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

STATE OF TENNESSEE
vs.
CHARLES GWYNNE BLEDSOE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

JOSEPH L. PATTERSON             JOHN KNOX WALKUP 
District Public Defender        Attorney General & Reporter
225 West Baltimore, Suite B
Jackson, TN  38301              KENNETH W. RUCKER 
                                Assistant Attorney General
                                2nd Floor, Cordell Hull Building
                                425 Fifth Avenue North 
                                Nashville, TN  37243

                                JAMES G. WOODALL 
                                District Attorney General

                                JAMES W. THOMPSON
                                Assistant District Attorney General 
                                225 Martin Luther King Drive
                                P.O. Box 2825
                                Jackson, TN  38302-2825
                          
Judge:WOODALL

First Paragraph:

The Defendant, Charles Gwynne Bledsoe, appeals as of right from his
conviction of resisting arrest following a jury trial in the Madison
County Criminal Court.  In this appeal, the Defendant challenges the
sufficiency of the evidence to sustain the conviction.  He also argues
that the indictment failed to allege an essential element of the
offense of resisting arrest and was therefore a void indictment.  We
affirm the judgment of the trial court.

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

JAMES A. BROWN, JR.
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

JAMES A. BROWN, JR. Pro Se          JOHN KNOX WALKUP
Middle Tennessee Reception Center   Attorney General and Reporter
7177 Cockrill Bend-Industrial Rd.
Nashville, TN 37209-1005            CLINTON J. MORGAN
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243

                                    DAN ALSOBROOKS
                                    District Attorney General

                                    BOB WILSON
                                    Assistant District Attorney
                                    P. O. Box 580
                                    Charlotte, TN 37036                          

Judge:SMITH

First Paragraph:

In this appeal of the summary dismissal of his post-conviction
petition Appellant, James A. Brown, Jr., asks this Court to review the
validity of his conviction entered upon his pleas of guilty on
February 20, 1991.  Appellant pleaded guilty to nine (9) county of
felony theft and one (1) count of misdemeanor theft.  As part of the
plea agreement Appellant received sentences totaling 32 years with
eight years to be served in community corrections and the balance on
probation.  Appellant apparently performed in a satisfactory manner
while on community corrections and he was placed on probation sooner
than expected.  However, on June 19, 1995, Appellant's probation was
revoked and he was placed in the Department of Correction.

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

THOMAS E. CANTY
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

ROBERT C. IRBY                  JOHN KNOX WALKUP 
4345 Mallory Avenue East        Attorney General & Reporter
Memphis, TN  38111 
                                KENNETH W. RUCKER 
                                Assistant Attorney General
                                2nd Floor, Cordell Hull Building
                                425 Fifth Avenue North 
                                Nashville, TN  37243

                                JOHN W. PIEROTTI
                                District Attorney General

                                TERRELL L. HARRIS
                                Assistant District Attorney General
                                201 Poplar Avenue, Ste. 301
                                Memphis, TN  38103  
                        
Judge:WOODALL

First Paragraph:

The Petitioner, Thomas E. Canty, appeals as of right from the trial
court's denial of his Petition for Post-Conviction Relief.  In his
sole issue on appeal, the Petitioner argues that the trial court erred
in denying the petition.  We affirm the judgment of the trial court.

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

KENNETH LEE CLAY
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

LANCE E. WEBB               JOHN KNOX WALKUP 
P.O. Box 26                 Attorney General & Reporter
Union City, TN  38261 
                            CLINTON J. MORGAN 
                            Assistant Attorney General
                            2nd Floor, Cordell Hull Building
                            425 Fifth Avenue North 
                            Nashville, TN  37243

                            C. PHILLIP BIVENS 
                            District Attorney General

                            JOHNNY VAUGHN 
                            Assistant District Attorney General
                            115 East Market 
                            P.O. Box E 
                            Dyersburg, TN  38025    
                          
Judge:WOODALL

First Paragraph:

Petitioner, Kenneth Lee Clay, appeals the trial court's denial of his
petition for post-conviction relief.  On July 20, 1994, Petitioner was
convicted of two counts each of burglary and theft of property
following a jury trial in the Circuit Court of Lake County.  He was
sentenced to four (4) years for each count, with counts one (1) and
two (2) to be served concurrently and counts three (3) and four (4) to
be served concurrently.  Counts one (1) and two (2) were to be served
consecutive to the sentences imposed in counts three (3) and four (4),
for a total sentence of eight (8) years.  Petitioner contends that he
was denied his Sixth Amendment right to the effective assistance of
counsel because of Counsel's: (1) failure to present an alibi defense;
(2) failure to exercise peremptory challenges during voir dire of the
jury; (3) deprivation of Petitioner's right to testify; and (4)
failure to appeal the issue of consecutive sentencing.  We affirm the
judgment of the trial court.

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

STATE OF TENNESSEE
vs.
TERRELL DION COWANS

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

GUY T. WILKINSON                JOHN KNOX WALKUP
District Public Defender        Attorney General and Reporter
P.O. Box 663
117 Forrest Avenue North        EUGENE J. HONEA
Camden, TN 38320                Assistant Attorney General
                                425 5th Avenue North
                                Nashville, TN 37243

                                ROBERT "GUS" RADFORD
                                District Attorney General
                                P.O. Box 686
                                Huntingdon, TN 38344
                          
Judge:WELLES

First Paragraph:

The Defendant, Terrell Dion Cowans, was convicted of one count of rape
of a child and one count of aggravated sexual battery.  He was
sentenced as a Range I, standard offender to fifteen (15) years for
the rape of a child conviction and eight (8) years for the aggravated
sexual battery conviction, to be served concurrently.  The Defendant
appeals his convictions, raising four issues: (1) That the trial court
erred by failing to grant the Defendant's motion for a new trial based
on the newly discovered evidence that one of the victims recanted her
testimony; (2) that the trial court erred by not permitting defense
counsel to question one of the victims about an alleged pregnancy by
another man; (3) that the trial court erred by failing to suppress
statements made by the Defendant; and (4) that the evidence was
insufficient to support a verdict of guilt for both convictions.  We
affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
NORMAN CURTIS, KEITH CHAMBERS,  
GINA CHAMBERS, AND SHELLY BRAGG

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEES:

John Knox Walkup                    Dale M.  Quillen
Attorney General & Reporter         Attorney at Law
500 Charlotte Avenue                95 White Bridge Road, Suite 208
Nashville, TN 37243-0497            Nashville, TN 37205
                                    (Counsel for Curtis and Bragg)
Eugene J. Honea
Assistant Attorney General          Michael J. Flanagan
450 James Robertson Parkway         Attorney at Law
Nashville, TN 37243-0493            95 White Bridge Road, Suite 208
                                    Nashville, TN 37205
Dan M. Alsobrooks                   (Counsel for Keith & Gina Chambers)
District Attorney General
P.O. Box 580
Charlotte, TN 37036-0580

George C. Sexton
Assistant District Attorney General
Humphreys County Courthouse
Waverly, TN 37185
                          
Judge:Jones

First Paragraph:

The State of Tennessee (state) appeals as of right from a judgment of
the trial court suppressing evidence seized by law enforcement
officers from the person of Norman Curtis without a search warrant,
and the residences of the Chamberses and Curtis under color of a
search warrant.  Two issues are presented for review.  The state
contends there were exigent circumstances which permitted officers
executing the search warrant at the Chamberses' residence to enter the
dwelling without complying with the "knock and announce" requirement. 
The state further contends the search of Norman Curtis's person when
he arrived at the Chamberses' residence while the officers were
executing the search warrant was reasonable.  After a thorough review
of the record, the briefs submitted by the parties, and the law
governing the issues presented for review, it is the opinion of this
court that the judgment of the trial court should be affirmed.  The
State of Tennessee has failed to illustrate why the evidence contained
in the record preponderates against the findings made by the trial
court.

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

STATE OF TENNESSEE
vs.
ANTHONY D. CUTTLE

Court:TCCA

Attorneys:

For Appellant:
A. C. Wharton
Shelby County Public Defender
(on appeal)

Walker Gwinn
Assistant Public Defender
Second Floor
Criminal Justice Complex
201 Poplar
Memphis, TN  38103
(on appeal)

Barry Kuhn
Assistant Public Defender
5100 Stage Road, Suite 4
Bartlett, TN  38134
(at trial)
For Appellee:

Charles W. Burson
Attorney General & Reporter

Merrilyn Feirman
Assistant Attorney General
500 Charlotte Avenue
Nashville, TN  37243

James Lammey
Assistant District Attorney General
Third Floor
Criminal Justice Complex
201 Poplar
Memphis, TN  38103
                          
Judge:WADE

First Paragraph:

The defendant, Anthony Cuttle, was convicted by a jury of attempted
especially aggravated kidnapping.  The trial judge imposed a Range II,
twenty-year sentence.

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

DAVID W. FELTS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

David W. Felts                  John Knox Walkup
Morgan County Regional          Attorney General and Reporter
 Correctional Facility                          
P.O. Box 2000                   Sarah M. Branch     
Wartburg, TN 37887              Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493


                                William Edward Gibson
                                District Attorney General

                                Benjamin W. Fann
                                Assistant District Attorney
                                145 S. Jefferson Avenue
                                Cookeville, TN 38501-3424                          

Judge:Barker

First Paragraph:

The appellant, David W. Felts, appeals as of right the dismissal by
the Putnam County Criminal Court of his petition for post-conviction
relief.  On appeal, appellant argues that he was entitled to the
appointment of counsel and an evidentiary hearing; that he received
the ineffective assistance of counsel; and that two of the indictments
charging him were invalid.  We affirm the trial court's denial of
relief.

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

STATE OF TENNESSEE
vs.
TONY GREENE

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

Michael R. Jones                John Know Walkup
District Public Defender        Attorney General of Tennessee
     and                        and
Russel Church                   Clinton J. Morgan
Assistant Public Defender       Asst Attorney General of Tennessee      
109 S. Second Street            450 James Robertson Parkway     
Clarksville, TN 37040           Nashville, TN 37243-0493
(ON APPEAL)
                                John Wesley Carney, Jr.
Reese N. Bagwell, Jr.           District Attorney General
116 S. Second Street            and
Clarksville, TN 37040           Steve Garrett
(AT TRIAL)                      Asst District Attorney General
                                204 Franklin Street, Suite 200
                                Clarksville, TN 37040
                          
Judge:Tipton

First Paragraph:

The defendant, Tony Greene, appeals as of right from a judgment of the
Montgomery County Circuit Court revoking his probation and requiring
him to serve the balance of his concurrent sentences.  The defendant
contends that the trial court erred in ordering him to serve the full
balance of his sentences because less restrictive means could have
been applied.  We disagree.

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

TOMMIE L. HILL JR.
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

TOMMIE L. HILL, JR.             JOHN KNOX WALKUP
Pro Se                          Attorney General and Reporter
CCA/SCCF, P. O. Box 279
Clifton, TN 38425-0279          WILLIAM D. BRIDGERS
                                Assistant Attorney General

                                MARY ANNE QUEEN
                                Legal Assistant
                                450 James Robertson Parkway
                                Nashville, TN 37243

                                JERRY WOODALL
                                District Attorney General

                                SHAUN A. BROWN
                                Assistant District Attorney
                                225 Martin Luther Kind Jr. Drive
                                Jackson, TN 38301
                          
Judge:SMITH

First Paragraph:

In this case Appellant, Tommie L. Hill, Jr., appeals the summary
dismissal of his petition for post-conviction relief filed on June 1,
1995.  Following a careful review of the record in this case we affirm
the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
DMITRI JOHNSON

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

Edward DeWerff                  Charles W. Burson
103 South Third Street          Attorney General of Tennessee
Clarksville, TN 37040           and
                                Karen M. Yacuzzo
                                Asst Attorney General of Tennessee                  
                                450 James Robertson Parkway     
                                Nashville, TN 37243-0493

                                John W. Carney, Jr.
                                District Attorney General
                                and
                                Charles Bush
                                Asst District Attorney General
                                204 Franklin Street
                                Clarksville, TN 37040
                          
Judge:Tipton

First Paragraph:

The defendant, Dmitri Johnson, appeals as of right from the
twenty-year sentence imposed by the Circuit Court of Montgomery County
for his conviction upon a guilty plea for second degree murder, a
Class A felony.  The defendant contends that the trial court
improperly relied upon facts not in evidence in its sentencing
decision.  He also contends that the trial court improperly applied
three enhancement factors and refused to apply two additional
mitigating factors.  We believe that the case should be remanded for a
new sentencing hearing.

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

STATE OF TENNESSEE
vs.
JERE LOWELL JOSEPH

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

G. STEPHEN DAVIS                JOHN KNOX WALKUP 
District Public Defender        Attorney General & Reporter
208 North Mill Avenue   
P.O. Box 742                    DEBORAH A. TULLIS 
Dyersburg, TN  38024            Assistant Attorney General
                                2nd Floor, Cordell Hull Building
                                425 Fifth Avenue North 
                                Nashville, TN  37243

                                C. PHILLIP BIVENS 
                                District Attorney General

                                JAMES E. LANIER
                                Assistant District Attorney General
                                P.O. Box E 
                                Dyersburg, TN  38024
                          
Judge:WOODALL

First Paragraph:

The Defendant, Jere Lowell Joseph, appeals as of right, reserving a
certified question of law pursuant to Rule 37(b)(2)(iv) of the
Tennessee Rules of Criminal Procedure from his conviction of
possession with intent to sell or deliver cocaine over 0.5 grams.  The
trial court denied Defendant's motion to suppress evidence seized as a
result of a search of a trailer in Dyer County where Defendant
occasionally resided.

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

STATE OF TENNESSEE
vs.
RANDY JOY

Court:TCCA

Attorneys:

FOR THE APPELLANT:

JEANNIE KAESS (At Trial)
Assistant District Public Defender
P. O. Box 700
Somerville, TN  38068

C. MICHAEL ROBBINS (On Appeal)
3074 East Street
Memphis, TN 38128


FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

KENNETH W. RUCKER
Assistant Attorney General
Cordell Hull Bldg., 2nd Floor
425 5th Avenue, North
Nashville, TN  37243-0493

ELIZABETH T. RICE
District Attorney General

JERRY W. NORWOOD
Assistant District Attorney General
302 Market Street
Somerville, TN  38068                          

Judge:RILEY

First Paragraph:

The defendant, Randy Joy, was convicted by a Hardeman County jury of 
delivering cocaine over 0.5 grams, a Class B felony.  Defendant was
sentenced as a Range I, Standard Offender, to a term of eleven (11)
years in the Tennessee Department of Correction and fined in the
amount of $5,000.

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

STATE OF TENNESSEE
vs.
DANNY RAY LACY

Court:TCCA
                        
Judge:Wade

First Paragraph:

I concur in the judgment of my colleagues that the sentence and
conviction should be affirmed and write separately only to address
whether "double weighing" (use of the underlying felony as an
aggravating circumstance for the imposition of a greater sentence) is
permissible in a life without parole sentence.  The majority correctly
notes that in State v. Frederick D. Butler, Dewayne B. Butler, and
Eric D. Alexander, No. 02C01-9604-CR-00128, slip op. at 21 (Tenn.
Crim. App., at Jackson, March 19, 1997), app. granted, Nov. 3, 1997,
our court held that "double-weighing" is appropriate in these
circumstances.  I believe, however, that the reasoning of this court
in State v. James Lloyd Julian, II, No. 01C01-9511-CV 00371, slip op.
at 17 (Tenn. Crim. App., at Knoxville, July 24, 1997), perm. to app.
filed, Oct. 30, 1997, is more persuasive.  In Julian, Judge David
Welles spoke for the panel:  "We do not believe the legislature
intended to except those receiving life without parole from the
protections against double enhancement afforded those receiving death
and those receiving lesser sentences."  Cf., State v. Middlebrooks,
840 S.W.2d 317 (Tenn. 1992).  In my opinion, this view better reflects
the intent of our statutory scheme.  See State v. Jones, 883 S.W.2d
597 (Tenn. 1994).  I agree, however, with the conclusion reached by
the majority.  The sentence should be affirmed, because no double
weighing occurred in this case.

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

STATE OF TENNESSEE
vs.
RONNIE LAUDERDALE

Court:TCCA

Attorneys:

For Appellant:                  For Appellee:

James V. Ball, Attorney         John Knox Walkup
217 Exchange Avenue             Attorney General and Reporter
Memphis, TN  38105          
                                Deborah A. Tullis 
                                Assistant Attorney General
                                425 Fifth Avenue North 
                                Nashville, TN  37243

                                Glen Baity 
                                Asst District Attorney General
                                Criminal Justice Complex, Ste. 301 
                                201 Poplar Avenue
                                Memphis, TN  38103 
                          
Judge:WADE

First Paragraph:

The defendant, Ronnie Lauderdale, was convicted of the unlawful
possession of marijuana, in excess of 14.175 grams, with the intent to
deliver.  The trial court imposed a Range II, workhouse sentence of
three years and assessed a fine of $2,000.00.

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

STATE OF TENNESSEE
vs.
JOHNNY E. MCCLAIN, JR.

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

Mark E. Chapman                 John Knox Walkup
3608 Chesapeake Drive           Attorney General and Reporter
Nashville, TN 37207                         
(At trial)                      Daryl J. Brand
                                Assistant Attorney General
Lionel R. Barrett               450 James Robertson Parkway
Washington Square Two           Nashville, TN 37243-0493
222 Second Avenue, North
Suite 417
Nashville, TN 37201             Victor S. Johnson, III      
(On appeal)                     District Attorney General

                                Nicholas D. Bailey
                                Assistant District Attorney
                                222 Second Avenue, North
                                Suite 500
                                Nashville, TN 37201-1649
                          
Judge:Barker

First Paragraph:

The appellant, Johnny E. McClain, Jr., appeals as of right his
convictions in the Davidson County Criminal Court of especially
aggravated robbery, aggravated robbery, facilitation of attempted
first degree murder, and two counts of aggravated assault.  As a Range
II offender, the appellant received an effective sentence of
seventy-five years in prison for his convictions.  Finding no
reversible error in the record on appeal, we affirm both the
appellant's convictions and sentences.

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

STATE OF TENNESSEE
vs.
RYAN MORAN

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

Bobby W. Sands                  John Knox Walkup 
Attorney at Law                 Attorney General & Reporter
P. O. Box 1660                  500 Charlotte Avenue
Columbia, TN  38402-1660        Nashville, TN  37243-0497

                                Georgia Blythe Felner
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN  37243-0493

                                T. Michael Bottoms
                                District Attorney General
                                P. O. Box 459
                                Lawrenceburg, TN  38464-0459
        
                                Richard H. Dunavant
                                Assistant District Attorney General
                                P. O. Box 304
                                Pulaski, TN  38478-0304
                          
Judge:Jones

First Paragraph:

The appellant, Ryan Moran (defendant), was convicted of attempted
first degree murder, a Class A felony, especially aggravated
kidnapping, a Class A felony, especially aggravated robbery, a Class A
felony, and assault, a Class A misdemeanor. The defendant entered a no
contest plea to attempted first degree murder and guilty pleas to the
remaining charges.  The trial court found the defendant was a standard
offender and sentenced the defendant to the following Range I
sentences: for attempted first degree murder, twenty-five (25) years
in the Department of Correction, for especially aggravated kidnapping,
twenty-five (25) years in the Department of Correction, for especially
aggravated robbery, twenty-five (25) years in the Department of
Correction, and for assault, eleven (11) months and twenty-nine (29)
days.  The trial court ordered that the sentences for attempted first
degree murder, especially aggravated kidnapping, and especially
aggravated robbery should be served consecutively. The sentence for
assault is to be served concurrently with the other sentences. The
effective sentence is confinement for seventy-five (75) years in the
Department of Correction.

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

ISHAAN K. MUBARAK
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

Richard F. Vaughn               John Knox Walkup
1928 - 100 N. Main              Attorney General and Reporter
Memphis, TN  38103  
                                Elizabeth T. Ryan
                                Assistant Attorney General                              
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                        
                                William Gibbons
                                District Attorney General

                                Ms. Alanda Horne
                                Asst. District Attorney General
                                Criminal Justice Complex
                                Suite 301, 201 Poplar Street
                                Memphis, TN  38103                          

Judge:Hayes

First Paragraph:

The appellant, Ishaan K. Mubarak, appeals the Shelby County Criminal
Court's order denying his petition for post-conviction relief.  On
July 10, 1992, a jury returned a verdict finding the appellant guilty
of conspiracy to commit murder in the first degree.  He is currently
serving a twenty-five year sentence in the Department of Correction
for this offense.  On May 4, 1994, the appellant filed the instant
petition for post-conviction relief alleging that he received the
ineffective assistance of counsel.  Specifically, he contends that
trial counsel failed to adequately investigate the case and prepare
for trial, failed to interview potential witnesses, failed to
adequately cross-examine the State's witnesses, permitted two
potential defense witnesses to remain in the courtroom thus
disqualifying them from testifying, and advised the appellant against
accepting the State's plea offer.  The post-conviction court conducted
an evidentiary hearing and denied relief.  The appellant now appeals
this denial.

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

RICHARD NELSON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For Appellant:                      For Appellee:

Gerald Stanley Green, Attorney      John Knox Walkup
147 Jefferson, Suite 1115           Attorney General and Reporter
Memphis, TN  38103          
(on appeal)                         Deborah A. Tullis 
                                    Assistant Attorney General
William B. Seligstein, Attorney     425 Fifth Avenue North
100 North Main Building             Second Floor, Cordell Hull Bldg
Memphis, TN  38103                  Nashville, TN  37243

                                    Daniel R. Woody and
                                    James C. Beasley, Jr. 
                                    Asst District Attorneys General
                                    201 Poplar Avenue, Third Floor 
                                    Memphis, TN  38103 
                          
Judge:WADE

First Paragraph:

The petitioner, Richard Nelson, appeals the trial court's denial of
his petition for post-conviction relief.  The single issue presented
for review is whether the petitioner was afforded the effective
assistance of counsel at his trial.

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

STATE OF TENNESSEE
vs.
ANTWAN PATTON

Court:TCCA

Attorneys:

For Appellant:                      For Appellee:

Jeffrey A. DeVasher                 Charles W. Burson
Senior Asst. Public Defender        Attorney General and Reporter
1202 Stahlman Building          
Nashville, TN 37201                 Jeffrey L. Hill
     (On Appeal)                    Asst. Attorney General
                                    Civil Rights and Claims Division
Ralph W. Newman                     404 James Robertson Pkwy, Ste 2000
Asst. Public Defender               Nashville, TN 37243-0488            
1202 Stahlman Building
Nashville, TN 37201                 Lila Statum
     (At Trial)                     Asst. District Attorney General
                                    Washington Square, Suite 500
Ross Alderman                       222 Second Avenue North
Deputy Public Defender              Nashville, TN 37201-1649

                                    William Reed
                                    Asst. District Attorney General 
                                    Washington Square, Suite 500
                                    222 Second Avenue North
                                    Nashville, TN 37201-1649
                          
Judge:WADE

First Paragraph:

The defendant, Antwan Patton, was convicted of two counts of rape of a
child.  The trial court imposed Range I, eighteen-year consecutive
sentences on each count.  The result is an aggregate sentence of
thirty-six years.  In this appeal of right, the defendant challenges
the sufficiency of the evidence, attacks the sufficiency of the
indictment,  and complains that the trial court erred in imposing
excessive and consecutive sentences.

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

STATE OF TENNESSEE
vs.
TIMOTHY ROBERSON

Court:TCCA

Attorneys:


For the Appellant:              For the Appellee:

Mike Mosier and                 Charles W. Burson
J. Colin Morris                 Attorney General of Tennessee
P.O. Box 1623                   and
204 West Baltimore              Michelle L. Lehmann
Jackson, TN 38302-1623          Asst Attorney General of Tennessee                  
                                450 James Robertson Parkway     
                                Nashville, TN 37243-0493

                                Clayburn L. Peeples
                                District Attorney General
                                109 E. First Street
                                Trenton, TN 38382-1841
                          
Judge:Tipton

First Paragraph:

The defendant, Timothy Roberson, appeals as of right from a jury
verdict of guilt in the Gibson County Circuit Court for first degree
murder and for especially aggravated robbery, a Class A felony.  The
trial court sentenced the defendant to life imprisonment without
parole for the first degree murder conviction and to fifteen years in
the custody of the Department of Correction as a Range I, standard
offender for the especially aggravated robbery conviction, to be
served consecutively.

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

STATE OF TENNESSEE
vs.
FREDRICK SLEDGE

Court:TCCA

Attorneys:

For the Appellant:                  For the Appellee:

William P. Redick                   Charles W. Burson
Capital Case Resource Center        Attorney General and Reporter
704 - 18th Avenue South             450 James Roberston Parkway
Nashville, TN 37203                 Nashville, TN 37243-0497
(ON APPEAL)                         and
                                    Sharon S. Selby
Paul Bottei                         Assistant Attorney General
Capital Case Resource Center        450 James Roberston Parkway
704 - 18th Avenue South             Nashville, TN 37243-0497
Nashville, TN 37203             
(ON APPEAL)                         John W. Pierotti
                                    District Attorney General
Edwin C. Lenow                      and
Suite 2325                          John Campbell and
100 North Main Building             Jerry Harris
Memphis, TN 38103                   Asst District Attorneys General
(AT TRIAL)                          201 Poplar Avenue
                                    Memphis, TN 38103
                          
Judge:Tipton

First Paragraph:

The defendant, Fredrick Sledge, was convicted by a jury in the Shelby
County Criminal Court of first degree murder and especially aggravated
robbery, a Class A felony.  In the capital sentencing hearing, the
jury found the existence of one aggravating circumstance: that the
defendant had been previously convicted of one or more felonies, whose
statutory elements included the use of violence to the person.  See
T.C.A. S 39-13-204(i)(2).  The jury found that the aggravating
circumstance outweighed the evidence of mitigating circumstances
beyond a reasonable doubt and sentenced the defendant to death by
electrocution.  He received a twenty-year, consecutive sentence for
the especially aggravated robbery.

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

STATE OF TENNESSEE
vs.
JEFFERY S. SPANN

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

DAVID D. WOLFE                  JOHN KNOX WALKUP
304 East College Street         Attorney General and Reporter
Dickson, TN 37055
                                KAREN M. YACUZZO                                    
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493 
        
                            
                                DAN MITCHUM ALSOBROOKS
                                District Attorney General
                            

                                ROBERT S. WILSON
                                Assistant District Attorney General
                                P. O. Box 580
                                Charlotte, TN 37036
    
                          
Judge:RILEY

First Paragraph:

The defendant, Jeffery S. Spann, was convicted by a Dickson County
jury of second degree murder and received the maximum Range I sentence
of twenty-five (25) years.

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

STATE OF TENNESSEE
vs.
RAY L. TAYLOR

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

A.C. WHARTON                    JOHN KNOX WALKUP
Public Defender                 Attorney General and Reporter

TONY N. BRAYTON                 CLINTON J. MORGAN
Assistant Public Defender       Assistant Attorney General
201 Poplar, Suite 2-01          425 5th Avenue North
Memphis, TN 38103               Nashville, TN 37243

                                JOHN W. PIEROTTI
                                District Attorney General

                                JERRY R. KITCHEN
                                Asst District Attorney General
                                Criminal Justice Complex, Suite 301
                                201 Poplar Street
                                Memphis, TN 38103
                         
Judge:WELLES

First Paragraph:

The Defendant, Ray L. Taylor, appeals as of right pursuant to Rule 3
of the Tennessee Rules of Appellate Procedure.  He was convicted by a
Shelby County jury of one count of aggravated burglary and one count
of theft of property valued in excess of one thousand dollars ($1000)
but less than ten thousand dollars ($10,000).  The trial court
sentenced him as a Range III persistent offender to twelve years
imprisonment with the Department of Correction on each count, with the
sentences to run concurrently.  In this appeal, the Defendant argues
that the evidence was legally insufficient to support the verdicts and
that the trial court erred in ruling that his prior convictions were
admissible for impeachment purposes.  We affirm the judgment of the
trial court.

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

STATE OF TENNESSEE
vs.
RONALD D. TYLER

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

Terry J. Leonard                John Knox Walkup
Attorney at Law                 Attorney General and Reporter
9 North Court Square    
P. O. Box 957                   Kenneth W. Rucker
Camden, TN  38320               Assistant Attorney General                              
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                        
                                Robert "Gus" Radford
                                District Attorney General
                                24th Judicial District
                                P. O. Box 686
                                Huntingdon, TN  38344
                          
Judge:Hayes

First Paragraph:

The appellant, Ronald D. Tyler, appeals the sentencing decision of the
Henry County Circuit Court following entry of guilty pleas to two
felony offenses and four class A misdemeanor offenses.  These offenses
include possession of cocaine over .5 grams with intent to sell, a
class B felony, aggravated assault, a class C felony, and the
misdemeanor offenses of possession of marijuana, possession of drug
paraphernalia, and two counts of possession of a schedule IV
controlled substance.  Pursuant to a negotiated plea agreement, the
appellant received a sentence of eight years for the possession of
cocaine conviction, three years for the aggravated assault conviction,
and eleven months and twenty-nine days for each of the misdemeanor
convictions.  The plea agreement provided that all sentences were to
run concurrently for an effective eight year sentence.   The issue of
the manner of service of the sentences was submitted to the trial
court for its determination.  At the conclusion of the sentencing
hearing, the trial court imposed a sentence of split confinement, with
six months of continuous confinement in the jail followed by
supervised probation for the balance of the eight year term.  The
appellant now appeals this decision contending that the sentence
imposed by the trial court is not in accordance with the principles of
the Sentencing Act of 1989.  Specifically, he argues for full
probation or a sentence of Community Corrections.

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

STATE OF TENNESSEE
vs.
RAY VANCE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

WADE C. BOBO (Trial)                JOHN KNOX WALKUP
Attorney at Law                     Attorney General & Reporter
129 S. Third St.
Clarksville, TN  37040              SARAH M. BRANCH
                                    Assistant Attorney General
SHIPP R. WEEMS  (Appeal)            Criminal Justice Division
District Public Defender            450 James Robertson Parkway
                                    Nashville, TN 37243-0493    
ROBBIE T. BEAL (Appeal)
Asst. District Public Defender      DAN ALSOBROOKS
P.O. Box 160                        District Attorney General
Charlotte, TN  37036
                                    JAKE LOCKERT
                                    Asst District Attorney General
                                    Room 206
                                    Humphreys County Courthouse
                                    Waverly, TN  37185
                          
Judge:WITT

First Paragraph:

The defendant, Ray Vance, appeals his conviction of aggravated sexual
battery, which was returned by a jury of his peers in the Stewart
County Circuit Court.  The defendant is presently serving a ten-year
incarcerative sentence for that conviction.

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

STATE OF TENNESSEE
vs.
CHRISTOPHER DAVID WILSON

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

Raymond L. Ivey                 Charles W. Burson
P.O. Box 229                    Attorney General of Tennessee
Huntingdon, TN 38344            and
                                Charlotte Rappuhn
                                Asst Attorney General of Tennessee
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                G. Robert Radford         
                                District Attorney General   
                                111 W. Paris St., P.O. Box 686
                                Huntingdon, TN 38344-0686
                                and
                                John Overton           
                                Asst District Attorney General            
                                Savannah Courthouse
                                Savannah, TN 38372
                          
Judge:Tipton

First Paragraph:

The defendant, Christopher David Wilson, appeals as of right from his
jury conviction in the Circuit Court of Carroll County for first
degree murder.  He received a life sentence for the conviction.

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

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