TBALink Opinion-Flash

December 18, 1997 -- Volume #3 -- Number #134

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.

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01-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
04-New Opinons From TCA
12-New Opinons From TCCA

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STATE OF TENNESSEE
vs.
LEROY HALL

Court:TSC
                         
Judge:Reid

First Paragraph:

I concur in affirming the verdict of guilty of premeditated murder and
the sentence of death.

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

NANCY ARNOLD
vs.
THE KROGER COMPANY

Court:TCA

Attorneys:

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

J. Logan Sharp                      Betty Ann Milligan        
Marshall Gerber                     Thomas F. Preston  
Memphis, Tennessee                  Memphis, Tennessee            
                                           
Judge:LILLARD

First Paragraph:

This is a slip and fall case. The plaintiff slipped on grapes on the
floor of a grocery store.  The jury found the plaintiff to be
forty-nine (49%) percent at fault and the defendant grocery store to
be fifty-one (51%) percent at fault, and found damages totaling
$3,500.00.  The plaintiff appeals the determination that she was
negligent, as well as the amount of the damage award.  We affirm.

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

LAURA NEVILLE MULLER,       
Individually and on behalf of       
THE ESTATE OF WADE LANNOM
vs.
EVELYN RANKIN LANNOM

Court:TCA

Attorneys:

JOHN D. HORNE
THE WINCHESTER LAW FIRM
Memphis, Tennessee
Attorney for Appellant

DAMON E. CAMPBELL
CONLEY, CAMPBELL, MOSS & SMITH
Union City, Tennessee
Attorney for Appellee
                          
Judge:HIGHERS

First Paragraph:

Plaintiff, Laura Muller ("Muller"), appeals the order of the trial
court dismissing her complaint to set aside transfers, or in the
alternative, to impose a constructive trust or an equitable lien on
the certificates of deposit ("CDs") that had been owned by Wade Lannom
("Lannom") and eventually transferred to his second wife, Defendant,
Evelyn Rankin Lannom ("Rankin").  For reasons stated hereinafter, we
affirm the judgment of the trial court.

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

JAMES C. WALLACE and wife
SUE H. WALLACE
vs.
BOBBY J. HARDIN and wife,       
FRANCES L. HARDIN

Court:TCA

Attorneys:

FLOYD S. FLIPPIN
B. CHADWICK RICKMAN
ADAMS, RYAL & FLIPPIN, ATTORNEYS-P.C.
Humboldt, Tennessee
Attorneys for Appellants

BILLY C. BLOW
McLemoresville, Tennessee
Attorney for Appellees                          

Judge:HIGHERS

First Paragraph:

In this action to reform a deed, Plaintiffs, James C. Wallace and Sue
H. Wallace
("Wallaces"), appeal the trial court's judgment ratifying, approving,
and confirming the 1993 warranty deed ("deed") and granting Defendants
Bobby J. Hardin and Frances L. Hardin ("Hardins") $1,000 in attorney
fees.  Mr. and Mrs. Wallace also appeal the trial court's denial of
their motion to alter judgment and/or for a new trial.  For reasons
stated hereinafter, we affirm the trial court's judgment in part and
reverse in part.

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

ERNEST JAMES WAYLAND
vs.
CARL and LOLA PETERS,       
individually and d/b/a SCOTT COUNTY
MOTORS, INC., a Kentucky        
Corporation

Court:TCA

Attorneys:

BRUCE D. FOX, RIDENOUR, RIDENOUR & FOX, Clinton, for
Plaintiff-Appellant.

DEBRA L. FULTON and ROBERT L. KAHN, FRANTZ, MCCONNELL & SEYMOUR, LLP,
Knoxville, for Defendants-Appellees.
                          
Judge:Franks

First Paragraph:

Plaintiff alleged in his complaint that defendants did not comply with
Kentucky statutes relative to titling and transferring motor vehicles,
and the financial responsibility requirements in the State of
Kentucky.  Further, that defendants are required to know and follow
the applicable laws relative to automobile dealers, and that the
defendants in this matter ignored these laws and should be responsible
to the plaintiff for damages as legal owner of the 1973 Buick involved
in the collision with the plaintiff.

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

STATE OF TENNESSEE
vs.
MARK BATEMAN

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                   FOR THE APPELLEE:

E. Covington Johnston                JOHN KNOX WALKUP
136 Fourth Avenue South              Attorney General & Reporter
Franklin, TN 37064                   500 Charlotte Avenue
                                    Nashville, TN 37243-0497

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

                                    JOSEPH D. BAUGH
                                    District Attorney General
    
                                    MARK PURYEAR
                                    Asst Dist. Attorney General
                                    P.O. Box 937
                                    Franklin, TN 37065-1608
                         
Judge:WITT

First Paragraph:

The defendant, Mark Bateman, appeals his Williamson County Circuit
Court conviction for driving under the influence of an intoxicant.  
Having been convicted in a bench trial of violating Tennessee Code
Annotated section 55-10-401,  the defendant received a six-month
sentence which was fully suspended after he served five days,
day-for-day, in the county jail.  He was placed on unsupervised
probation for eleven months, twenty-nine days, fined $350, and had his
driver's license revoked for a year.  On appeal, the defendant
complains that (1) the results of the breath-alcohol test should have
been excluded from the evidence and (2) the indictment should have
been dismissed because the defendant was denied the opportunity to
receive an independent blood-alcohol test.  After review of the record
and the briefs submitted by the parties, we affirm the judgment of the
trial court.

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

STATE OF TENNESSEE
vs.
ROBERT K. BOOHER

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

ROBERT K. BOOHER, pro se        JOHN KNOX WALKUP 
104 Capps Hill                  Attorney General & Reporter
Waverly, TN  37185
                                JANIS L. TURNER
                                Assistant Attorney General
                                2nd Floor, Cordell Hull Building
                                425 Fifth Avenue North 
                                Nashville, TN  37243

                                DAN M. ALSOBROOKS 
                                District Attorney General

                                GEORGE C. SEXTON
                                Asst District Attorney General
                                Humphreys County Courthouse 
                                Room 205 
                                Waverly, TN  37185 
                          
Judge:WOODALL

First Paragraph:

The Defendant, Robert K. Booher, appeals as of right from the judgment
of the Circuit Court of Humphreys County.  Following a jury trial, the
Defendant was convicted of driving without proper vehicle registration
and driving without a license, both Class C misdemeanors.  In this pro
se appeal, Defendant raises many issues which can collectively be
summarized as challenging the constitutionality of the applicable
motor vehicle statutes and the denial of adequate due process of law. 
We affirm the judgments of the trial court.

URL:http://www.tba.org/tba_files/TCCA/booherrk_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

JEFFREY LYNN BUCKNER
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT               FOR THE APPELLEE 

Douglas A. Trant                John Knox Walkup
900 S. Gay Street               Attorney General & Reporter
Suite 1502
Knoxville, TN  37902            Clinton J. Morgan
                                Cordell Hull Building, Second Floor
                                425 5th Avenue North
                                Nashville, TN  37243-0493
                          
Judge:BYERS

First Paragraph:

The petitioner seeks to have a conviction for murder overturned by way
of post-conviction relief after this case was affirmed by the Court of
Criminal Appeals and after the Supreme Court denied review.

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

DONNIE CARPENTER
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:               FOR THE APPELLEE:


SHARA FLACY                     JOHN KNOX WALKUP
Public Defender                 Attorney General & Reporter

WILLIAM C. BRIGHT               CLINTON J. MORGAN
Asst. Public Defender           Counsel for the State
P.O. Box 1208                   450 James Robertson Pkwy.   
Pulaski, TN 38478               Nashville, TN  37243-0493
                
                                MIKE BOTTOMS
                                District Attorney General
                            
                                ROBERT C. SANDERS
                                Asst. District Attorney General
                                P.O. Box 1619
                                Columbia, TN 38401                          

Judge:PEAY

First Paragraph:

The petitioner pled guilty to first-degree murder on September 23,
1986.  He received a sentence of life imprisonment.  On August 21,
1991, he filed a petition for post-conviction relief.  Counsel was
appointed and an amended petition was filed on November 20, 1996.  The
petition was dismissed the following day because it was filed outside
the statute of limitations.  The petitioner now appeals and argues
that the post-conviction court erred when it dismissed his petition. 
We disagree and affirm the judgment of the court below.

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

STATE OF TENNESSEE
vs.
JAMES DANTES

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

Clifford K. McGown, Jr.             John Knox Walkup
Attorney at Law                     Attorney General & Reporter 
113 North Court Square
P.O. Box 26                         Kenneth W. Rucker  
Waverly, TN 37185                   Assistant Attorney General
(On Appeal Only)                    Criminal Justice Division
                                    425 5th Avenue North
Gary F. Antrican                    Nashville, TN 37243-0493
District Public Defender
                                    Elizabeth T. Rice
Jeannie Kaess                       District Attorney General
Asst District Public Defender   
118 East Market Street              Jerry Norwood
P.O. Box 700                        Asst District Attorney General
Somerville, TN 38068                302 Market Street
(At Trial)                          Somerville, TN 38068

Judge:SUMMERS

First Paragraph:

The appellant, James Dantes, pled guilty to two counts of violating
the Motor Vehicle Habitual Offenders Act.  He received an effective
sentence of six years incarceration as a multiple offender.  Before
the appellant reported to jail, he again violated the Motor Vehicle
Habitual Offenders Act.  He was sentenced to one year and eight months
incarceration, which was to be served consecutively to his previous
sentences.  Therefore, he received a total effective sentence of seven
years and eight months.

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

STATE OF TENNESSEE
vs.
CHARLES D. FOWLER

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:


ROBERT S. PETERS            JOHN KNOX WALKUP           
100 First Ave., S.W.        Attorney General & Reporter
Winchester, TN 37398
                            KAREN M. YACUZZ0
                            Assistant Attorney General
                            450 James Robertson Pkwy.                               
                            Nashville, TN  37243-0493
                
                            C. MICHAEL LAYNE
                            District Attorney General

                            KENNETH J. SHELTON, JR.
                            Asst. District Attorney General
                            P.O. Box 147
                            Manchester, TN 37355
                          
Judge:PEAY

First Paragraph:

The defendant was indicted on October 12, 1994, on charges of attempt
to purchase a minor child, attempt to commit statutory rape, and
patronizing prostitution.  The State later dismissed the charge of
patronizing prostitution, and a jury found the defendant guilty of the
remaining two counts.  The trial court, however, granted the
defendant's motion for an acquittal as to attempt to purchase a minor
child.  Thus, in this appeal of right, the defendant challenges his
remaining conviction for attempted statutory rape.  The defendant
contends that the evidence was insufficient to convict him of this
offense.  He further challenges the appropriateness of his sentence. 
The trial court sentenced him to serve nine months in the county jail
and pay a two thousand five hundred dollar ($2500) fine.

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

STATE OF TENNESSEE
vs.
LARRY GUNTER

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

EDWARD C. MILLER            JOHN KNOX WALKUP
Public Defender             Attorney General and Reporter
P.O. Box 416
Dandridge, TN 37725         SANDY R. COPOUS
                            Assistant Attorney General
                            425 5th Avenue North
                            Nashville, TN 37243

                            AL SCHMUTZER, JR.
                            District Attorney General

                            JAMES L. GASS
                            Asst District Attorney General
                            Sevier County Courthouse, Suite 301
                            Sevierville, TN 37862                          

Judge:SMITH

First Paragraph:

Appellant Larry Donald Gunter appeals from a jury verdict rendered on
April 12, 1995 in the Jefferson County Circuit Court finding him
guilty of aggravated assault.  Appellant pleaded guilty to a charge of
driving a motor vehicle without a valid operator's license.  As a
Range I standard offender, Appellant received the following sentences:
 (1) six years confinement in the Tennessee Department of Corrections
for the aggravated assault; and (2) a concurrent sentence of thirty
days in the Jefferson County Jail, on the conviction for driving a
motor vehicle without a valid operator's license.  On April 24, 1995,
Appellant filed a motion for new trial.  However, the trial court
denied this motion on February 7, 1996.  Appellant presents two issues
for consideration on this direct appeal:  (1) whether the evidence was
sufficient as a matter of law to sustain Appellant's conviction for
aggravated assault; and (2) whether the trial court erred in denying
Appellant's motion in limine to prohibit the introduction of threats
allegedly made by Appellant to Melissa Baker, Appellant's former
girlfriend, when the victim was not Ms. Baker.

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

GLENN HALLOCK
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For the Appellant:                  For the Appellee:

Glenn Hallock, Pro se               John Knox Walkup 
Special Needs Facility              Attorney General of TN
7575 Cockrill Bend Industrial Rd.           and
Nashville, TN 37209-1057            Elizabeth B. Marney
                                    Asst Attorney General of TN                     
                                    450 James Robertson Parkway     
                                    Nashville, TN 37243-0493

                                    Tom P. Thompson, Jr.
                                    District Attorney General
                                    P.O. Box 178
                                    Hartsville, TN 37074-0178
                                        and
                                    Doug Hall
                                    Asst District Attorney General
                                    111 Cherry Street
                                    Lebanon, TN 37087                          
                                    
Judge:Tipton

First Paragraph:

The petitioner, Glenn Hallock, appeals as of right from the Wilson
County Criminal Court's judgment denying him post-conviction relief
from his 1992 convictions for aggravated rape, rape, incest and
aggravated sexual battery for which he received an effective sentence
of thirty-eight years in the custody of the Department of Correction. 
The trial court held that the petition for relief was barred by the
statute of limitations and that, in any event, the grounds asserted
for relief had been previously determined or waived.  The petitioner
contends that his petition is not time barred and that the grounds
have not been previously determined or waived.  We affirm the trial
court.

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

STEVEN D. HARRIS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For the Appellant:                  For the Appellee:

Henry R. Allison, III               John Knox Walkup
500 Church Street                   Attorney General of Tennessee
Nashville, TN 37219-2349                and             
                                    Elizabeth B. Marney
                                    Asst Attorney General of TN                 
                                    450 James Robertson Parkway     
                                    Nashville, TN 37243-0493

                                    Victor S. Johnson, III
                                    District Attorney General
                                        and
                                    John Zimmerman
                                    Asst District Attorney General
                                    Washington Square
                                    222 2nd Avenue North
                                    Nashville, TN 37201-1649

                          
Judge:Tipton

First Paragraph:

The petitioner, Steven D. Harris, appeals as of right from the
judgment of the Criminal Court for Davidson County denying him
post-conviction relief from his 1995 convictions upon guilty pleas for
second degree murder and attempted first degree murder, Class A
felonies.  He received consecutive fifteen-year sentences.  The gist
of the petitioner's claim in this appeal is that his pleas were
unknowing and involuntary because of the ineffective assistance of
counsel that induced him to accept the plea offer.  We disagree.

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

CARL E. SAINE
vs.
ALTON HESSON, WARDEN

Court:TCCA
                        
Judge:JONES

First Paragraph:


This matter is before the Court upon the state's motion to affirm the
judgment of the trial court in accordance with Rule 20, Rules of the
Court of Criminal Appeals.  It appears the petitioner was originally
convicted of rape in September 1977, and sentenced to ninety-five
years imprisonment.  On July 21, 1997, the petitioner filed a petition
for a writ of habeas corpus challenging the sufficiency of the
indictment entered against him.  The trial court denied relief.

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

STATE OF TENNESSEE
vs.
JEFFERY SCOTT SCHMIDT

Court:TCCA

Attorneys:

FOR THE APPELLANT:               FOR THE APPELLEE:


MICHAEL JONES                   JOHN KNOX WALKUP
Public Defender                 Attorney General & Reporter

COLLIER W. GOODLETT             DARYL J. BRAND
Asst. Public Defender           Asst. Attorney General
109 South 2nd St.               450 James Robertson Pkwy.   
Clarksville, TN 37040           Nashville, TN  37243-0493
                
                                JOHN W. CARNEY
                                District Attorney General

                                STEVE GARRETT
                                Asst. District Attorney General
                                204 Franklin St.
                                Clarksville, TN 37041
                          
Judge:PEAY

First Paragraph:

The defendant was convicted, on a guilty plea, in March 1993 on a
charge of theft.  A four year sentence was imposed with all but ninety
days being suspended.  The defendant's probation was revoked on two
previous occasions for violations.  He was placed back on probation at
the first revocation and placed in Community Corrections after the
second revocation.

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

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