TBALink Opinion-Flash

December 17, 1997 -- Volume #3 -- Number #133

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):
06-New Opinons From TSC
02-New Opinons From TSC-Rules
04-New Opinons From TSC-Workers Comp Panel
06-New Opinons From TCA
11-New Opinons From TCCA

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George Dean
TBALink Chief Editor


JAMES DAVID CARTER
vs.                                             
STATE OF TENNESSEE

Court:TSC
                      
First Paragraph:

Upon consideration of the petition to rehear filed by the appellee,
James David Carter, and the State's response thereto, this Court is of
the opinion that the petition should be and the same is hereby denied.

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

STATE OF TENNESSEE
vs.
RICKY MICHAEL DIXON

Court:TSC

Attorneys: 

FOR APPELLANT:                      FOR APPELLEE:

John Knox Walkup                    Jerry S. Sloan
Attorney General & Reporter         Chattanooga

Michael E. Moore
Solicitor General

Elizabeth T. Ryan
Assistant Attorney General
                         
Judge:HOLDER

First Paragraph:

The appellant, Ricky Michael Dixon, was convicted of aggravated
kidnapping, aggravated assault, and attempted sexual battery.  He was
sentenced to twenty years for aggravated kidnapping, fifteen years for
aggravated assault, and eleven months and twenty-nine days for
attempted sexual battery.  The sentences were ordered to run
concurrently.  The appellate court reversed the aggravated assault and
attempted sexual battery convictions pursuant to State v. Anthony, 817
S.W.2d 299 (Tenn. 1991).  We reverse the appellate court and affirm
the convictions.

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

STATE OF TENNESSEE
vs.
LEROY HALL, JR.

Court:TSC

Attorneys:

FOR APPELLANT:                  FOR APPELLEE:

Brock Mehler                    John Knox Walkup
Nashville, Tennessee            Attorney General & Reporter
(Appeal Only)                           
                                Michael E. Moore
William R. Heck                 Solicitor General
212 James Building
Chattanooga, Tennessee
(Trial and Appeal)              Amy L. Tarkington
                                Assistant Attorney General
Karla G. Gothard                Nashville, Tennessee
701 Cherry Street
Chattanooga, Tennessee          William H. Cox, III
(Trial Only)                    District Attorney General
                                Eleventh Judicial District
                                and
                                Thomas J. Evans
                                Asst District Attorney General
                                Chattanooga, Tennessee 
                          
Judge:DROWOTA

First Paragraph:

In this capital case, the defendant, LeRoy Hall, Jr., was convicted of
premeditated first degree murder and aggravated arson.  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 or was attempting to commit,
arson."  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/halllroy_opn.WP6
Opinion-Flash

STEVE HENLEY
vs.
STATE OF TENNESSEE

Court:TSC

Attorneys:

For the Appellant:                  For the Appellee:                                               
John Knox Walkup                    Jack E. Seaman
Attorney General & Reporter         Lyell, Seaman & Shelton 
                                    Nashville, Tennessee
Michael E. Moore                
Solicitor General                   Paul S. Davidson
                                    Stokes & Bartholomew
John H. Baker, III
Assistant Attorney General
Nashville, Tennessee    
            
Tom P. Thompson
District Attorney General

John Wooten
Asst District Attorney General
Hartsville, Tennessee
                          
Judge:DROWOTA

First Paragraph:

In this post conviction proceeding, the trial court denied relief on
all grounds alleged, and specifically found that the petitioner, Steve
Henley, had been afforded his constitutional right to effective
assistance of counsel at the sentencing phase of his capital trial. 
The Court of Criminal Appeals found that the evidence preponderated
against the trial court's denial of relief with respect to the
sentencing phase, and concluded that Henley had been denied his right
to effective assistance of counsel because trial counsel had failed to
adequately investigate and prepare witnesses to testify on Henley's
behalf and had failed to adequately investigate Henley's mental
condition and request that he undergo a mental evaluation. 
Accordingly,  the Court of Criminal Appeals reversed Henley's sentence
of death and ordered a new sentencing hearing.  Thereafter, we granted
the State permission to appeal to determine whether the intermediate
court erred in concluding that the evidence preponderates against the
trial court's finding that Henley was afforded his right to effective
assistance of counsel at sentencing.  After carefully reviewing the
record, we have determined that the evidence supports the trial
court's finding.  Accordingly the judgment of the Court of Criminal
Appeals ordering a new sentencing hearing is reversed, and the trial
court's decision denying the petition for post conviction relief on
all grounds alleged is reinstated.

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

JACKSON BRADLEY
vs.                                     
LORETTO CASKET COMPANY, INC.,    
HARTFORD CASUALTY INSURANCE      
COMPANY and LIBERTY MUTUAL       
INSURANCE COMPANY                

Court:TSC - Workers Comp Panel

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:
                            
BLAKELEY D. MATTHEWS                DAVID L. ALLEN        
LEIGH A. BUCKLEY                    P.O. Box 369         
CORNELIUS & COLLINS                 Lawrenceburg, TN 38474
P.O. Box 190695                                                  
Nashville, TN 37219                          
                                                                               
Judge:RUSSELL

First Paragraph:

This case was compromised and settled by an agreed order entered on
August 16, 1994.

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

WALLACE EARL PALMORE 
vs.                                
FRITO-LAY, INC. and            
SECOND INJURY FUND             

Court:TSC - Workers Comp Panel

Attorneys:

FOR THE APPELLANTS:                     FOR THE APPELLEE:
                            
BRYAN ESSARY                            BEN BOSTON           
SHIRLEY A. IRWIN                        BOSTON, BATES, HOLT         
GIDEON & WISEMAN                        & SOCKWELL                
NationsBank Plaza, Suite 1900           P.O. Box 357
Nashville, TN 37219-1782                Lawrenceburg, TN 38464

SECOND INJURY FUND

CHARLES W. BURSON
Attorney General and Reporter
SANDRA E. KEITH
Assistant Attorney General
Cordell Hull Bldg., Second Floor
426 5th Ave. North
Nashville, TN 37243
                                                                                     
Judge:RUSSELL

First Paragraph:

Wallace Earl Palmore was working for Frito-Lay, Incorporated, on
October 2, 1992, at a labor intensive job of shoveling peanut butter
and cheese filling into a snack sandwich making machine.  He had been
working twelve hour shifts at this particularly physically demanding
job for more than a year.  Mr. Palmore had a congenital back
spondylolysis with spondylolisthesis and degenerative disc disease. 
On said date his back pain became so intense that he could no longer
work for Frito-Lay.

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

CRAIG RING
vs.
CKR INDUSTRIES, INC. and THE    
YASUDA FIRE & MARINE INSURANCE  
COMPANY OF AMERICA

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellants:

A. Gregory Ramos
Janice Cimbalo
NORTH, PURSELL & RAMOS
Nashville, Tennessee

For the Appellee:

Floyd Don Davis
FLOYD DON DAVIS, P.C.
Winchester, Tennessee
                          
Judge:MALOAN

First Paragraph:

The defendants, CKR Industries, Inc. and The Yasuda Fire & Marine
Insurance Company of America, appeal the judgment of the trial court
in finding the plaintiff, Craig Ring, sustained a compensable
work-related injury and awarding permanent partial disability of
twenty-five percent (25%) to the left arm.  For the reasons stated in
this opinion, we affirm the judgment of the trial court.

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

LOUIS RAY SMITH
vs.
ZURICH INSURANCE COMPANY and    
LEAR SEATING CORPORATION

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:              For the Appellee:

Mark A. Skelton                 Jeffrey C. Taylor
121 South Depot St.             Wimberly, Lawson & Seale, PLLC
Rogersville, TN 37857           Liberty Center
                                929 West First North St.
                                P.O. Box 1066
                                Morristown, TN 37816
                          
Judge:BYERS

First Paragraph:

The plaintiff alleged he had sustained permanent impairment as a
result of an accident on November 8, 1994, while employed by the
defendant.

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

                    SUPREME COURT OF TENNESSEE
                STATE LIST FOR PERMISSION TO APPEAL
                        December 8, 1997                                        

            
Court:TSC - Rules

URL:http://www.tba.org/tba_files/TSC_RULES/statelst12_opn.WP6
Opinion-Flash

                    SUPREME COURT OF TENNESSEE
                STATE LIST FOR PERMISSION TO APPEAL
                        December 15, 1997               


Court:TSC - Rules
                        
URL:http://www.tba.org/tba_files/TSC_RULES/statelst13_opn.WP6
Opinion-Flash

GARY BIRDWELL, individually and     
d/b/a BIRDWELL HOME BUILDERS
vs.
BRADLEY S. McKINNEY and         
ELIZABETH P. McKINNEY

Court:TCA

Attorneys:

For the Plaintiff/Counter-Defendant/    For the Defendants/
                                        Counter-Plaintiffs/
Appellee:                               Appellants:

Homer R. Ayers                          Steven E. Anderson 
Goodlettsville, Tennessee               Nashville, Tennessee                       
                          
Judge:LILLARD

First Paragraph:

This case arises out of the construction of a home.  The builder filed
suit against the homeowners for monies allegedly due him, and the
homeowners countersued for alleged contract breaches and defects in
construction.  The trial court found that both parties had breached
the contract and awarded damages to both parties with a balance due
the builder.  Both parties appeal.  We affirm in part and reverse in
part.

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

ROBERT HUNT     
vs.
TIRE AMERICA, INC.,                     
BRIDGESTONE/FIRESTONE, INC.

Court:TCA

Attorneys:

HARRY WIERSEMA, JR., OF KNOXVILLE FOR APPELLANT

DENNIS L. BABB  and VONDA M. LAUGHLIN OF KNOXVILLE FOR TIRE AMERICA,
INC.

DOUGLAS L. DUTTON OF KNOXVILLE FOR BRIDGESTONE/FIRESTONE, INC.
                          
Judge:Goddard

First Paragraph:

Robert Hunt appeals the dismissal of his suit against Tire America,
Inc.("Tire America"), and Bridgestone/Firestone, Inc., by summary
judgment.  The suit sought damages for personal injuries and vehicle
damages against the Defendants based upon breach of warranties of
merchantability and fitness for purpose, failure to warn, and
violation of the Tennessee Consumer Protection Act, Title 47, Chapter
18, T.C.A.

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

IN RE: THE CONSERVATORSHIP  
OF MATTHEW HURLINE
vs.
LONEY HUTCHINS, INDIVIDUALLY,   
and A.R.C., INC. d/b/a 21ST CENTURY 
LIVING SERVICES
vs.
SHEILA McNAMARA

Court:TCA

Attorneys:

Samuel F. Anderson, Nashville, Tennessee
Dan R. Alexander, Nashville, Tennessee
Attorney for Third Party Defendant/Appellant.

John R. Phillips, Jr.,
Timothy R. Rector,
PHILLIPS & INGRUM, Gallatin, Tennessee
Attorney for Third Party Plaintiff/Appellee.
                          
Judge:FARMER

First Paragraph:

In 1983, at the age of 14, Matthew Hurline was involved in an accident
and sustained a severe closed head injury which resulted in cognitive
and behavioral disabilities.  Since that time, Matthew has required
assistance with his daily care.  A 1996 neuro-psychological evaluation
found him incapable of "living outside of a supervised setting" and
needing "at least minimal assistance for all daily activities to
maintain safety and focus on task."  On December 30, 1991, Matthew's
mother, Sheila McNamara, the appellant, was appointed his legal
guardian by a Maryland court.  This litigation is an attempt to
determine whether Ms. McNamara can be held legally and financially
accountable to the person and facility who has primarily provided
Matthew's daily care since early 1992, the appellees, Loney Hutchins,
individually, (Hutchins) and A.R.C., Inc. d/b/a 21st Century Living
Services.  The trial court entered a default judgment against McNamara
in the amount of $107,760, for the care and services provided Hurline
from January 1995 to August 6, 1996.  The court also entered a
judgment against Hurline, individually, and the Hurline
conservatorship, in the amount of $115,260. Ms. McNamara has appealed
from the judgment.  For the reasons expressed below, we reverse and
remand.

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

BRIAN DAVID McCRAY
vs.
IRENE CAROL KLANSECK McCRAY

Court:TCA

Attorneys:

WILLIAM S. FLEMING
207 West 8th Street
P.O. Box 90
Columbia, Tennessee 38402-0090
ATTORNEY FOR PLAINTIFF/APPELLANT

L. Bruce Peden
MOORE & PEDEN
29 Public Square
P.O. Box 981
Columbia, Tennessee 38402-0981
ATTORNEY FOR DEFENDANT/APPELLEE
                          
Judge:TODD

First Paragraph:

This appeal seeks review of a post-divorce decree judgment entered by
the Trial Court on December 6, 1996, finding the husband guilty of
contempt, adjusting alimony and child support, determining the amount
of unpaid arrearage of each, ordering monthly payments of the
adjudicated arrearage and committing the husband to jail upon failure
to pay any monthly installment required by the order.  On August 1,
1997, this Court filed an opinion disposing of a previous appeal from
an order entered by the Trial Court December 22, 1995.  No application
was filed for permission to appeal to the Supreme Court, and mandate
was issued to the Trial Court.  The August 1, 1997 judgment of this
Court is now final.

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

CITY OF MURFREESBORO, a     
Municipal Corporation in Rutherford 
County, State of Tennessee
vs.
MARIANN M. WORTHINGTON

CITY OF MURFREESBORO, a     
Municipal Corporation in Rutherford 
County, State of Tennessee
vs.
THOMAS W. WORTHINGTON and   
wife, Mariann M. Worthington

Court:TCA

Attorneys: 

For the Plaintiff/Appellant:        For the Defendants/Appellees:

Thomas L. Reed, Jr.                 Granville S.R. Bouldin, Jr.
Jerry E. Farmer                     Murfreesboro, Tennessee
Murfreesboro, Tennessee                           
                                            
Judge:LILLARD

First Paragraph:

This is a condemnation case. The sole issue at trial was the amount of
compensation the landowners should receive.  A jury returned a verdict
awarding the landowners a total of $30,500.  On appeal, the appellant
condemning authority contends that the trial court erred in allowing
tax appraisals performed on the property to be introduced into
evidence and that the trial court used the wrong valuation method.  We
reverse and remand for a new trial.

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

BARBARA ANDREWS PIPER
vs.
DONALD McLEAN ANDREWS

Court:TCA

Attorneys:

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

Thomas F. Bloom                     John R. Phillips Jr.           
Nashville, Tennessee                Gallatin, Tennessee 
                          
Judge:LILLARD

First Paragraph:
    
This is a post-divorce action in which the mother seeks an increase in
child support.  The mother sought an increase based on the father's
income from the closely-held corporation of which he is the sole
shareholder, as well as on the fact that the father's visitation was
less than the standard under the child support guidelines.  The trial
court granted the mother an increase in an amount less than the she
sought.  We affirm in part, reverse in part, and remand.

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

GREGG BAILEY
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

Gregg Bailey, Pro Se        John Knox Walkup
Route 1, TCIP, Annex        Attorney General & Reporter 
Only, TN 37140
                            Timothy F. Behan 
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            H. Greeley Wells, Jr.   
                            District Attorney General
 
                            Robert Montgomery
                            Asst District Attorney General
                            P.O. Box 526
                            Blountville, TN 37617-0526
                          
Judge:SUMMERS

First Paragraph:

In 1981 the appellant, Gregg Bailey, was convicted by a jury of armed
robbery and assault with the intent to commit second degree murder. 
On direct appeal his convictions and sentence were affirmed by this
Court.  Thereafter, the appellant filed a petition seeking
post-conviction relief.  This Court affirmed the dismissal of that
petition.  In 1996 the appellant filed his second petition for
post-conviction relief alleging a double jeopardy violation.  The
trial court dismissed the petition on the ground that it was barred by
the statute of limitations.

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

STATE OF TENNESSEE
vs.
JAMES T. BINGHAM,   
JESSIE W. BAKER, AND    
DONALD RAY PATTERSON

Court:TCCA

Attorneys: 

FOR THE APPELLANTS:             FOR THE APPELLEE:

Bingham & Baker                 Charles W. Burson
Andrew Jackson Dearing, III     Attorney General & Reporter 
Attorney at Law
117 South Main Street           Lisa A. Naylor
Suite 101                       Assistant Attorney General
Shelbyville, TN 37160           Criminal Justice Division
                                450 James Robertson Parkway
Patterson                       Nashville, TN 37243-0493
Bethel Campbell Smoot, Jr.
District Public Defender        C. Michael Layne
                                District Attorney General
Rachel E. Willis                307 S. Woodland
Assistant Public Defender       P.O. Box 147
606 East Carroll Street         Manchester, TN 37355
P.O. Box 260    
Tullahoma, TN 37388 
                         
Judge:SUMMERS

First Paragraph:

The appellants, Donald Patterson, Jamie Bingham, and Jessie Baker,
were arrested for committing various crimes.  Jamie Bingham was
indicted on three counts of burglary of a motor vehicle and six
misdemeanor counts of theft.   Jessie Baker was indicted on two counts
of burglary of a motor vehicle and three counts of misdemeanor theft. 
Donald Patterson was indicted on two counts of burglary of a motor
vehicle and two counts of misdemeanor theft.  Each appellant pled
guilty to all of the indicted charges.  After a sentencing hearing,
all of the appellants were classified as standard Range I offenders,
but they received different effective sentences due to the number and
nature of their individual crimes.  On appeal, each of the appellants
challenges the manner and length of his sentences.  Upon review, we
affirm each of the appellant's sentences.

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

STATE OF TENNESSEE
vs.
DAVIS OLIVER BROWN

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

ARDENA J. GARTH                 JOHN KNOX WALKUP 
District Public Defender        Attorney General & Reporter

DONNA ROBINSON MILLER           JANIS L. TURNER 
Assistant Public Defender       Assistant Attorney General
701 Cherry Street, Suite 300    2nd Floor, Cordell Hull Building
Chattanooga, TN  37402          425 Fifth Avenue North 
                                Nashville, TN  37243-0943

                                WILLIAM COX 
                                District Attorney General

                                JOHN A. BOBO, JR. 
                                Asst District Attorney General
                                600 Market Street, Suite 310
                                Chattanooga, TN  37402 
                          
Judge:WOODALL

First Paragraph:

The Defendant, Davis Oliver Brown, appeals as of right from the
sentences imposed by the trial court upon his pleas of guilty to
vehicular homicide and vehicular assault in the Criminal Court of
Hamilton County.  Defendant pled guilty without any agreement between
himself and the State as to the length or manner of service of the
sentences.  The trial court sentenced Defendant, as a Range I,
Standard Offender, to the maximum sentence of twelve (12) years for
the vehicular homicide conviction and the maximum sentence of four (4)
years for the vehicular assault conviction.  The court further ordered
the sentences to be served consecutively.  In this appeal, Defendant
presents two issues for review: (1) whether the trial court erred by
imposing the maximum sentences in each case and (2) whether the trial
court erred by ordering the sentences to be served consecutively.  We
affirm the judgment of the trial court.

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

MITCHELL L. CORSO, SR.
vs.
CHARLES JONES, WARDEN,      
& STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

Mitchell L. Corso, Sr., Pro Se      John Knox Walkup
M.C.R.C.F.                          Attorney General & Reporter 
P.O. Box 2000
Wartburg, TN 37887                  Sandy Copous Patrick  
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    Charles E. Hawk 
                                    District Attorney General
                                    Frank A. Harvey 
                                    Asst District Attorney General
                                    P.O. Box 703
                                    Kingston, TN 37763
                          
Judge:SUMMERS

First Paragraph:

The appellant, Mitchell L. Corso, Sr., pled guilty to aggravated rape.
 He was sentenced to fifteen years incarceration in the Tennessee
Department of Correction.  He, thereafter, filed a petition for habeas
corpus relief.  In his petition he alleged that the indictment against
him was insufficient for failing to allege a mens rea.  He contends
his conviction is void.  The trial court dismissed the petition
finding that it was not proper for habeas corpus review.  The trial
court based this finding on the fact that the appellant's conviction
was not void on its face and that his sentence had not expired.  He
appeals this dismissal.  Upon review, we affirm.

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

STATE OF TENNESSEE
vs.
FREDDIE JOE DAY, JR.

Court:TCCA

Attorneys:

For the Appellant:                  For the Appellee:

Stephen M. Wallace                  John Knox Walkup
District Public Defender            Attorney General and Reporter
                            
Terry L. Jordan                     Clinton J. Morgan           
Assistant Public Defender           Assistant Attorney General
P.O. Box 839                        450 James Robertson Parkway
Blountville, TN 37617               Nashville, TN 37243-0493


                                    H. Greeley Wells, Jr.
                                    District Attorney General

                                    Rebecca H. Davenport
                                    Assistant District Attorney
                                    P.O. Box 526
                                    Blountville, TN 37617
                                                      
Judge:BARKER

First Paragraph:

The appellant, Freddie Joe Day, Jr., appeals as of right his
convictions and sentences in the Sullivan County Criminal Court. 
After a jury trial, the appellant was convicted of especially
aggravated kidnapping and aggravated assault and was sentenced as a
Range I offender to twenty five (25) years for the kidnapping offense
and six (6) years for aggravated assault.  The sentences were ordered
to run concurrently for a total effective sentence of twenty five
years.

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

STATE OF TENNESSEE
vs.
AARON ECKARD

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

SHARA A. FLACY                  JOHN KNOX WALKUP 
District Public Defender        Attorney General & Reporter

JOHN R. WINGO                   LISA A. NAYLOR
Assistant Public Defender       Assistant Attorney General
128 North Second Street         2nd Floor, Cordell Hull Building
P.O. Box 1208                   425 Fifth Avenue North 
Pulaski, TN  38478              Nashville, TN  37243

                                T. MICHAEL BOTTOMS
                                District Attorney General

                                JESSE DURHAM
                                Asst District Attorney General
                                10 Public Square
                                P.O. Box 1619
                                Columbia, TN  38402-1619
                         
Judge:WOODALL

First Paragraph:

The Defendant, Aaron Eckard, appeals as of right.  Pursuant to a
negotiated plea agreement, the Defendant pled guilty to arson in the
Circuit Court of Maury County and was sentenced to six years in the
Tennessee Department of Correction.  In his sole issue on appeal, the
Defendant argues that the trial court erred in denying alternative
sentencing and ordering him to serve the six years in confinement.  We
affirm the judgment of the trial court.

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

DANNY GARRETT
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For Appellant:                  For Appellee:

Danny Garrett, Pro Se           John Knox Walkup 
# 123195                        Attorney General and Reporter
Northeast Correction Center
P.O. Box 5000                   Timothy F. Behan
Mountain City, TN  37683        Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN  37243-0493

                                Randall E. Nichols
                                District Attorney General
                                City-County Building
                                Knoxville, TN  37902
                          
Judge:WADE

First Paragraph:

The defendant, Danny Garrett, appeals the trial court's denial of post
conviction relief.  The single issue presented for review is whether
the petition was barred by the statute of limitations.

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

CLAUDE KENT GREGG
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

HEISKELL WINSTEAD               JOHN KNOX WALKUP
4325 Highway 66 South,          Attorney General and Reporter
Suite 101
Rogersville, TN 37857           PETER M. COUGHLAN
                                Assistant Attorney General
                                425 Fifth Avenue North
                                Nashville, TN 37243-0493

                                C. BERKLEY BELL
                                District Attorney General
                                510 Allison Street
                                Morristown, TN 37814
                          
Judge:WELLES

First Paragraph:

The Defendant, Claude Kent Gregg, appeals as of right pursuant to Rule
3 of the Tennessee Rules of Appellate Procedure.  He was convicted by
a Hamblen County jury of vehicular homicide by intoxication, a Class C
felony at the time the offense was committed.  He was sentenced as a
standard offender to the minimum of the range of three years
incarceration to be served in the Hamblen County Jail.  The Defendant
raises two issues in this appeal: (1) That the evidence was
insufficient to support a verdict of guilt for vehicular homicide, and
(2) that the trial judge abused his discretion by denying probation. 
We affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
BRADLEY JOE HOUSEWRIGHT

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

RICHARD SPIVEY              JOHN KNOX WALKUP
142 Cherokee Street         Attorney General and Reporter
Kingsport, TN 37660         
                            SANDY C. PATRICK
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243

                            GREELEY WELLS
                            District Attorney General

                            ROBERT MONTGOMERY
                            Asst District Attorney General
                            Sullivan County Justice Center
                            Blountville, TN 37617
                          
Judge:WELLES

First Paragraph:

This is an appeal as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure.  The Defendant, Bradley Joe Housewright,
pleaded nolo contendere to five counts of assault, Class A
misdemeanors, and one count of vehicular homicide, a Class B felony. 
Pursuant to a plea agreement, he was sentenced to eleven months and
twenty-nine days for each assault conviction and eight years for the
vehicular homicide conviction.  The sentences were ordered to be
served concurrently.  The trial court considered and denied
alternative sentencing and ordered the Defendant to serve his
sentences in the Department of Correction.  The Defendant raises three
intertwined issues in this appeal: (1) That the trial court erred by
denying the Defendant's request for alternative sentencing; (2) that
the trial court erred by rejecting the proposition that the fact a
death occurred is not a proper factor to consider in deciding
alternative sentencing; and (3) that the court erred by applying the
exceptional circumstances rule in denying alternative sentencing.  We
affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
STEPHEN KOPROWSKI

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

DOUGLAS A. TRANT            JOHN KNOX WALKUP
900 S. Gay Street           Attorney General and Reporter
Suite 1502
Knoxville, TN 37902         ROBIN L. HARRIS
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243

                            JAMES N. RAMSEY
                            District Attorney General

                            JAN HICKS
                            Assistant District Attorney
                            127 A. C. Courthouse
                            Clinton, TN 37716
                                                    
Judge:SMITH

First Paragraph:

In this appeal of the summary dismissal of his post-conviction
petition Appellant, Stephen Koprowski, asks this Court to review the
validity of the dismissal of his post conviction petition filed on
April 26, 1996.  On April 28, 1992, Appellant pleaded guilty to simple
possession of marijuana.  He was sentenced to 11 months and 29 days.  
Appellant alleges that he was not fully advised of his rights as set
out in Rule 11 of the Tennessee Rules of Criminal Procedure.  In
addition, Appellant alleges that he was not advised of his rights
against self-incrimination, to confront witnesses and to a jury trial.
 On December 15, 1995, the Appellant's sentence was enhanced in the
United States District Court, and  Appellant now seeks post-conviction
relief as to the alleged constitutionally invalid guilty plea.

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

STATE OF TENNESSEE
vs.
TREVA STRICKLAND

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

DAVID B. HILL               JOHN KNOX WALKUP
301 E. Broadway             Attorney General and Reporter
Newport, TN 37821
                            TIMOTHY F. BEHAN
                            Assistant Attorney General
                            425 5th Avenue North
                            Nashville, TN 37243

                            AL SCHMUTZER, JR.
                            District Attorney General

                            JAMES B. DUNN
                            Asst District Attorney General
                            339A East Main Street
                            Newport, TN 37821
                          
Judge:WELLES

First Paragraph:

The Defendant, Treva Strickland, appeals as of right pursuant to Rule
3 of the Tennessee Rules of Appellate Procedure.  She was convicted by
a Cocke County jury of one count of aggravated arson and one count of
attempted first degree murder.  The trial court sentenced her as a
Range I standard offender to twenty-five years imprisonment with the
Department of Correction on each count, with the sentences to run
concurrently.  In this appeal, the Defendant argues that the trial
court erred in sentencing her to twenty-five years incarceration. 
After reviewing the record, we conclude that the Defendant's issue
lacks merit.  Accordingly, we affirm the judgment of the trial court.

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

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