TBALink Opinion-Flash

January 16, 1998 -- Volume #4 -- Number #011

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
00-New Opinons From TSC-Workers Comp Panel
00-New Opinons From TCA
03-New Opinons From TCCA

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George Dean
TBALink Chief Editor


STATE OF TENNESSEE
VS.
DAREL G. BOLIN

Court:TCCA

Attorneys:

For the Appellant                   For the Appellee

Charles W. Burson                   Joe L. Finley, Jr.
Attorney General & Reporter         Assistant Public Defender
                                    215 Reagan Street
Michael J. Fahey, II                Cookeville, TN. 38501
Assistant Attorney General
450 James Robertson Parkway         
Nashville, TN. 37243-0493

William Edward Gibson
145 South Jefferson Avenue
Cookeville, TN. 38501-3424

David A. Patterson
Asst District Attorney General
145 South Jefferson Avenue
Cookeville, TN. 38501-3424      
                          
Judge:BARKER

First Paragraph:

The appellant, State of Tennessee, appeals the Cumberland County
Criminal Court's decision to grant post-conviction relief to the
defendant, Darel G. Bolin.  After a jury trial in 1992, the defendant
was convicted of aggravated sexual battery and was sentenced as a
Range I standard offender to twelve years in the Tennessee Department
of Correction.  The defendant, thereafter, filed a direct appeal to
this Court and we affirmed his conviction.  See State v. Darel G.
Bolin, No. 03C01-9407-CR-00269 (Tenn. Crim. App. at Knoxville, April
18, 1995).

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

STATE OF TENNESSEE
VS.
RONNIE E. McELYEA

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

Thomas E. Cowan, Jr.            Charles W. Burson
111 S. Main Street              Attorney General of Tennessee
Elizabethton, TN 37643              and             
                                Janis L. Turner
                                Asst Attorney General of Tennessee                  
                                450 James Robertson Parkway     
                                Nashville, TN 37243-0493

                                David E. Crockett
                                District Attorney General
                                Rt. 19, Box 99
                                Johnson City, TN 37601

                                Michael Laguardia
                                Kent Garland
                                Asst District Attorneys General
                                P.O. Box 38
                                Jonesborough, TN 37601
                          

Judge:Tipton

First Paragraph:

The defendant, Ronnie E. McElyea, appeals as of right from his jury
conviction in the Washington County Criminal Court for driving under
the influence of an intoxicant (D.U.I.), third offense, a Class A
misdemeanor, and driving while his driver's license was revoked
(D.R.L.), a Class B misdemeanor.  For his D.U.I. conviction, the
defendant received a sentence of eleven months and twenty-nine days in
the county jail to be suspended after serving one hundred and fifty
days.  The trial court sentenced the defendant to six months in the
county jail for the D.R.L. conviction to be suspended after serving
three days.  The sentences were ordered to be served concurrently. 
The trial court also imposed fines of nine thousand dollars and one
thousand dollars, respectively.

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

STATE OF TENNESSEE
VS.
DONALD RAY MIDDLEBROOKS

Court:TCCA

Attorneys:

FOR APPELLANT:                      FOR APPELLEE:

Lionel R. Barrett, Jr.              John Knox Walkup
Washington Square Two, Ste 418      Attorney General & Reporter
222 Second Avenue North
Nashville, TN 37201                 Michael E. Moore
                                    Solicitor General
Richard McGee
601 Woodland Street                 Kathy Morante
Nashville, TN 37206                 Deputy Attorney General
                                    425 Fifth Avenue North
                                    Cordell Hull BLDG, Second Fl
                                    Nashville, TN 37243-0493

                                    Victor S. Johnson III
                                    District Attorney General

                                    Roger D. Moore
                                    Asst District Attorney General

                                    John C. Zimmerman
                                    Asst District Attorney General
                                    Washington Square, Suite 500
                                    222 Second Avenue North
                                    Nashville, TN 37201-1649
                          

Judge:WITT

First Paragraph:

In this capital case, the appellant, Donald Ray Middlebrooks, was
convicted by a jury in September 1989 of felony murder and sentenced
to death by electrocution.  The appellant's conviction was upheld by
our supreme court; however, his sentence was reversed, and the case
was remanded for a new sentencing hearing.  See State v. Middlebrooks,
840 S.W.2d 317 (Tenn. 1992), cert. dismissed, 510 U.S. 805, 114 S.Ct.
651,  (1993).

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

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