TBALink Opinion-Flash

January 21, 1998 -- Volume #4 -- Number #013

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

There are three ways to get the full opinion from the Web: (TBALink members only)

  • Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text version of the opinion.

  • *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original WP 6.0 document. version of the opinion.

  • 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



                    SUPREME COURT OF TENNESSEE
                STATE LIST FOR PERMISSION TO APPEAL
                        January 20, 1998                        


Court:TSC - Rules
                     
URL:http://www.tba.org/tba_files/TSC_RULES/statelst17_wpd.WP6
Opinion-Flash

STATE OF TENNESSEE
VS.
JASON L. BROADNAX

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

Gregory D. Smith                John Knox Walkup
Attorney at Law                 Attorney General & Reporter 
One Public Square, Ste 321
Clarksville, TN 37040           Daryl J. Brand
                                Assistant Attorney General
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493
    
                                John W. Carney, Jr.
                                District Attorney General

                                Steven L. Garrett
                                Asst District Attorney General
                                204 Franklin Street, Suite 200
                                Clarksville, TN 37040                          

Judge:SUMMERS

First Paragraph:

Too often this Court sees wasted lives, and it could have been
different.  Here is another case.

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

STATE OF TENNESSEE
VS.                       
HOLLY LACK EARLS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

T. Arthur Jenkins               John Knox Walkup
Attorney at Law                 Attorney General & Reporter
111 North Irwin Street          500 Charlotte Avenue
Manchester, TN  37355-0126      Nashville, TN  37243-0497
(Appeal Only)
                                Lisa A. Naylor
B. Campbell Smoot               Assistant Attorney General
District Public Defender            450 James Robertson Parkway
605 East Carroll Street         Nashville, TN  37243-0493
Tullahoma, TN  37388-0260
                                C. Michael Layne
                                District Attorney General
                                P. O. Box 147
                                Manchester, TN  37355
                         

Judge:Jones

First Paragraph:

The appellant, Holly Lack Earls (defendant), was convicted of criminal
attempt to commit especially aggravated robbery, a Class B felony, and
criminal attempt to commit first degree felony murder by a jury of her
peers. The trial court found the defendant was a standard offender and
imposed a Range I sentence consisting of confinement for twenty (20)
years for attempted first degree murder and ten (10) years for
attempted especially aggravated robbery in the Department of
Correction. The trial court also imposed a $25,000 fine for each count
for a total of $50,000 in fines.  The trial court ordered the
sentences are to be served consecutively for an effective sentence of
thirty (30) years.  The defendant presents two issues for review.  She
contends (a) the evidence was insufficient as a matter of law to
convict her of attempt to commit especially aggravated robbery and
attempt to commit first degree felony murder and (b) her sentence was
excessive.  After a thorough review of the record and the briefs
submitted by the parties, it is this court's opinion the judgment of
the trial court should be affirmed in part and reversed in part.

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

WILLIE LEE HENDERSON
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

WILLIE LEE HENDERSON Pro Se         JOHN KNOX WALKUP
Special Needs Facility/Unit 10      Attorney General and Reporter
7575 Cockrill Bend Industrial Rd.
Nashville, TN 37209-1057            MICHAEL J. FAHEY, II
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243
                          
Judge:SMITH

First Paragraph:

On July 5, 1995, Appellant, Willie Lee Henderson, filed a petition for
a writ of habeas corpus in the Davidson County Criminal Court.   In
January of 1996, the petition was dismissed by that court without a
hearing. Appellant appeals from the trial court's summary dismissal of
his petition.

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

JOHN ERIC JOHNSON
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

John T. Conners, III                John Knox Walkup
Attorney at Law                     Attorney General & Reporter
P.O. Box 1451                       500 Charlotte Avenue
Franklin, TN 37065-1451             Nashville, TN 37243-0497

                                    Daryl J. Brand
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    William S. Johnson, III
                                    District Attorney General
                                    Washington Square, Suite 500
                                    222 2nd Avenue, North
                                    Nashville, TN 37201-1649

                                    D. Paul DeWitt
                                    Asst District Attorney General
                                    Washington Square, Suite 500
                                    222 2nd Avenue, North
                                    Nashville, TN 37201-1649
                          

Judge:Jones

First Paragraph:

The appellant, John Eric Johnson (petitioner), appeals as of right
from a judgment of the trial court dismissing his action for
post-conviction relief following an evidentiary hearing.  The trial
court found the petitioner received the effective assistance of
counsel guaranteed by the Sixth Amendment to the United States
Constitution and Article I, S 9 of the Tennessee Constitution.  In
this court, the petitioner contends the evidence contained in the
record preponderates against the findings of fact made by the trial
court as the evidence adduced at the evidentiary hearing established
he was denied his constitutional right to the effective assistance of
counsel in the trial court and the appellate court.  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.

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

CARLTON L. MAYO
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT                   FOR THE APPELLEE

Carlton L. Mayo, Pro Se             John Knox Walkup
Reg. No. 14403-075 QTRL-B           Attorney General and Reporter
P.O. Box 4000   
Manchester, Kentucky 40962-4000     Elizabeth B. Marney
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, Tennessee 37243-0493
                                                    
                                    Arthur Bieber
                                    Assistant District Attorney

                                    John W. Carney
                                    District Attorney General
                                    204 Franklin Street
                                    Suite 200
                                    Clarksville, Tennessee 37040

                         
Judge:Barker

First Paragraph:

The appellant, Carlton L. Mayo, appeals from the judgment of the
Circuit Court of Montgomery County dismissing his petition for
post-conviction relief without the appointment of counsel or an
evidentiary hearing.  Following our review of the record upon appeal,
we affirm the trial court pursuant to Rule 20 of the Tennessee Court
of Criminal Appeals.

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

Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/

Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank

Non TBA members are WELCOME to subscribe...it's free!!

Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank


© Copyright 1996-1997 Tennessee Bar Association