TBALink Opinion-Flash

December 9, 1997 -- Volume #3 -- Number #129

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):
01-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
03-New Opinons From TCA
05-New Opinons From TCCA

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George Dean
TBALink Chief Editor


STATE OF TENNESSEE
vs.
GLENN BERNARD MANN

Court:TSC

Attorneys:

FOR APPELLANT:                      FOR APPELLEE:

William P. Redick, Jr.              John Knox Walkup
Whites Creek, Tennessee             Attorney General & Reporter
                            
Peter D. Heil                       Michael E. Moore
Nashville, Tennessee                Solicitor General
        
Charles S. Kelly                    Amy L. Tarkington
Dyersburg, Tennessee                Assistant Attorney General
(Trial Only)                        Nashville, Tennessee

Lyman Ingram                        C. Phillip Bivens
Asst District Public Defender       District Attorney General
Dyersburg, Tennessee
(Trial Only)
                                                  
Judge:DROWOTA

First Paragraph:

In this capital case, the defendant, Glenn Bernard Mann, was convicted
of premeditated first degree murder, aggravated rape and aggravated
burglary.  In the sentencing hearing, the jury found two aggravating
circumstances: (1) "[t]he murder was especially heinous, atrocious or
cruel in that it involved torture or serious physical abuse beyond
that necessary to produce death;" and (2) "[t]he murder was committed
while the defendant was engaged in committing burglary."  Tenn. Code
Ann. S 39-13-204(i)(5) and (7) (1991).  Finding that the two
aggravating circumstances outweighed mitigating circumstances beyond a
reasonable doubt, the jury sentenced the defendant to death by
electrocution.

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

DAVID McALISTER
vs.
PEREGRINE ENTERPRISES, INC.,    
formerly known as EMPIRE        
ENTERPRISES, INC.

Court:TCA

Attorneys:

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

David M. Dunlap                     Michael A. Robinson
Memphis, Tennessee                  James S. Strickland, Jr.
                                    Memphis, Tennessee
                          
Judge:LILLARD

First Paragraph:

This suit involves an action for the redemption of preferred stock. 
The trial court found that the stock could be redeemed even though the
redemption would render the corporation unable to pay its debts in the
normal course of business.  We reverse and remand.

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

UNITED AMERICAN BANK       		
OF MEMPHIS
vs.
MYLAN FINANCIAL SERVICES, INC.
and STANLEY R. WAXMAN,		
							                                                                                                                                                            
STANLEY R. WAXMAN
vs.
UNITED AMERICAN BANK 		

Court:TCA

Attorneys:

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

Richard J. Myers      				Stanley R. Waxman, Pro Se
Memphis, Tennessee     				Memphis, Tennessee
                                              
Judge:LILLARD

First Paragraph:

This case involves an action to recover on a loan guarantee.  The
trial court entered a judgment in favor of the plaintiff bank against
the individual guarantor.  We affirm.

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

JANICE BLALOCK YATES
vs.
WILLIAM MARK YATES

Court:TCA

Attorneys:

Douglas W. Wilkerson,
W. Lewis Jenkins, Jr.,
WILKERSON GAULDIN & HAYES, Dyersburg, Tennessee
Attorney for Defendant/Appellant.

Thomas H. Strawn, KELLY, MILLAR, STRAWN & KELLY
Attorney for Plaintiff/Appellee.
                          
Judge:FARMER

First Paragraph:

Defendant William Mark Yates (Husband) appeals the final divorce
decree entered by the trial court which awarded primary physical
custody of the parties' minor child to Plaintiff/Appellee Janice
Blalock Yates (Wife), ordered the Husband to pay child support and
alimony in solido to the Wife, and distributed the parties' real and
personal property.  We affirm.

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

CHARLES AUSTIN
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

Craig B. Floyd, II                  John Knox Walkup
Attorney at Law                     Attorney General & Reporter
100 North Main Bldg., Ste 2400      500 Charlotte Avenue
Memphis, TN 38103                   Nashville, TN 37243-0497

                                    Clinton J. Morgan
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243

                                    William L. Gibbons
                                    District Attorney General
                                    201 Poplar Avenue, Suite 3-01
                                    Memphis, TN 38103

                                    John W. Campbell
                                    Asst District Attorney General
                                    201 Poplar Avenue, Suite 3-01
                                    Memphis, TN 38103
                         
Judge:Jones

First Paragraph:

The appellant, Charles Austin (petitioner), appeals as of right from a
judgment of the trial court denying his action for post-conviction
relief following an evidentiary hearing.  While the petitioner
presents two issues for review, the gist of these issues is that the
petitioner was denied his constitutional right to the effective
assistance of counsel.

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

WILLIE DEMORRIS LOCUST
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

LANCE WEBB                      JOHN KNOX WALKUP
Attorney at Law                 Attorney General & Reporter
P.O. Box 26 
Union City, TN  38261           LISA A. NAYLOR
                                Assistant Attorney General
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493    

                                C. PHILLIP BIVENS
                                District Attorney General

                                KAREN WINCHESTER
                                Asst. District Attorney General
                                P.O. Drawer E
                                Dyersburg, TN  38024
                          
Judge:WITT

First Paragraph:

The petitioner, Willie Demorris Locust, appeals the Dyer County
Circuit Court's denial of his petition for post conviction relief. 
Locust is incarcerated in the Department of Correction for his
convictions of aggravated sexual battery and aggravated burglary, for
which he received an effective ten year sentence that he is serving
consecutively to a twenty year sentence for aggravated rape and
aggravated burglary and an assault sentence of undisclosed length. 
See State v. Locust, 914 S.W.2d 554 (Tenn. Crim. App.) (aggravated
sexual battery and aggravated burglary), perm. app. denied (Tenn.
1995); State v. Willie Demorris Locust, No. 02-C-01-9404-CC-00075
(Tenn. Crim. App., Jackson, Oct. 5, 1994) (aggravated rape and
aggravated burglary), perm. app. denied (Tenn. 1995).

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

LEWIS MOORLET
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For the Appellant:					For the Appellee:

Lewis Moorlet, Pro Se				Charles W. Burson
Cold Creek Correctional Facility	Attorney General of Tennessee
P.O. Box 10000						and				
Henning, TN 38041-1000				M. Allison Thompson
									Asst Attorney General of Tennessee 					
									450 James Robertson Parkway		
									Nashville, TN 37243-0493

									John W. Pierotti, Jr.
									District Attorney General
									and
									Janet Shipman 
									Asst District Attorney General
									201 Poplar Avenue
									Memphis, TN 38103-1947
					                          
Judge:Tipton

First Paragraph:

The petitioner, Lewis Moorlet, appeals as of right from the Shelby
County Criminal CourtŐs dismissal of his second petition for
post-conviction relief relative to his 1988 conviction for first
degree murder and resulting life sentence.  The petitioner contends
that the trial court erred in dismissing the petition without
providing him   counsel, the opportunity to amend the petition, and an
evidentiary hearing upon his petition.  We disagree.

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

STATE OF TENNESSEE
vs.
LARRY E. PERRY

Court:TCCA

Attorneys:

FOR THE APPELLANT:

A. C. WHARTON, JR.
Shelby County Public Defender

WALKER GWINN			
Assistant Public Defender
201 Poplar Avenue, Suite 201
Memphis, Tennessee 38103
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

GEORGIA BLYTHE FELNER
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN  37243-0493

WILLIAM L. GIBBONS
District Attorney General

LEE V. COFFEE
Assistant District Attorney
201 Poplar Avenue, Suite 301
Memphis, Tennessee 38103
                          
Judge:RILEY

First Paragraph:

Appellant, Larry E. Perry, contends the Habitual Motor Vehicle
Offender Act (HMVO Act) violates double jeopardy principles.  On July
1, 1996, appellant was declared an Habitual Motor Vehicle Offender
(HMVO) based upon appropriate prior convictions.  This appeal
followed. We AFFIRM the order of the trial court.

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

STATE OF TENNESSEE
vs.
DAVID S. PRENTICE

Court:TCCA

Attorneys:

FOR THE APPELLANT:

A. C. WHARTON, JR.
Shelby County Public Defender

WALKER GWINN
Assistant Public Defender
201 Poplar Avenue, Suite 201
Memphis, Tennessee 38103
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

CLINTON J. MORGAN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN  37243-0493

WILLIAM L. GIBBONS
District Attorney General

LEE V. COFFEE
Assistant District Attorney General
201 Poplar Avenue, Suite 301
Memphis, Tennessee 38103
                          
Judge:RILEY

First Paragraph:

Appellant, David S. Prentice, contends the Habitual Motor Vehicle
Offender Act (HMVO Act) violates double jeopardy principles.  On May
23, 1996, appellant was declared an Habitual Motor Vehicle Offender
(HMVO) based upon appropriate prior convictions.  His motion to
dismiss based upon double jeopardy was denied.

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

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