TBALink Opinion-Flash

January 23, 1998 -- Volume #4 -- Number #015

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
02-New Opinons From TCA
04-New Opinons From TCCA

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George Dean
TBALink Chief Editor


BERTHA L. HICKS 
vs.
JACK HICKS and MARY HICKS

Court:TCA

Attorneys:

ROY P. NEUENSCHWANDER OF KNOXVILLE FOR APPELLANT

H. CHRIS TREW OF ATHENS FOR APPELLEE
                          
Judge:Goddard

First Paragraph:

Plaintiff Bertha L. Hicks appeals dismissal by summary judgment of her
suit against Defendants Jack Hicks and his wife, Mary Hicks.  She
sought damages for injuries she received when she fell over a
retaining wall on the Defendants' premises.

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

KAREN ANN GAY WILSON
vs.
KENNETH JAMES WILSON

Court:TCA

Attorneys:

ARTHUR BASS OF CLEVELAND FOR APPELLANT

D. MITCHELL BRYANT OF CLEVELAND FOR APPELLEE
                          
Judge:Goddard

First Paragraph:

Kenneth James Wilson appeals a judgment of the Circuit Court for
Bradley County which provided that "the parties are granted a divorce
from one another," and awarded custody of the parties' two minor
children to the wife, Karen Ann Gay Wilson.

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

PERRY C. RILEY
VS.
CHARLES JONES, Warden,      
and STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

KENNETH F. IRVINE, JR.              JOHN KNOX WALKUP
606 W. Main Street, Suite 350       Attorney General & Reporter
P.O. Box 84
Knoxville, TN 37901-0084            MICHAEL J. FAHEY, II
                                    Assistant Attorney General
                                    425 5th Avenue North, 2nd Fl.
                                    Cordell Hull Building
                                    Nashville, TN 37243

                                    CHARLES E. HAWK
                                    District Attorney General

                                    FRANK HARVEY
                                    Assistant District Attorney
                                    P.O. Box 703
                                    Kingston, TN 37763-0703 
                          
Judge:WITT

First Paragraph:

The petitioner, Perry Riley, appeals the dismissal of his habeas
corpus petition.  He stands convicted of one count of aggravated rape
and one count of aggravated sexual battery.  In his habeas corpus
petition, the petitioner assails the indictment on the ground that the
applicable mens rea elements were not stated, such that the indictment
is defective upon the authority of State v. Roger Dale Hill, No.
01C01-9508-CC-00267 (Tenn. Crim. App., Nashville, June 20, 1996).  We
affirm the dismissal of the petition for habeas corpus relief.

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

WILLIAM PERRY THOMPSON
vs.
HOWARD CARLTON, WARDEN,
AND STATE OF TENNESSEE

Court:TCCA

Attorneys:

For the Appellant:                  For the Appellee:

William Perry Thompson, Pro Se      John Knox Walkup
N.E.C.C. #143559                    Attorney General of Tennessee
P.O. Box 5000                       and             
Mountain City, TN 37683             Sandy R. Copous
                                    Asst Atty General of Tennessee                  
                                    450 James Robertson Parkway     
                                    Nashville, TN 37243-0493

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

Judge:Tipton

First Paragraph:

The petitioner, William Perry Thompson, appeals as of right from the
dismissal of his petition for habeas corpus relief by the Johnson
County Criminal Court for failure to state a cause of action upon
which relief could be granted.  The petitioner is presently in the
custody of the Department of Correction serving his sentences for his
1989 and 1990 convictions upon his entry of guilty pleas for third
degree burglary, grand larceny, and receiving and concealing stolen
property.  On appeal, the petitioner contends that his convictions are
void because the indictments are fatally defective in that (1) the
district attorney's signature does not appear on each count of the
indictments, (2) the counts of the indictments do not contain a
caption stating the county and the state in which the offenses
occurred, and (3) each indictment is not properly endorsed as a true
bill and signed by the grand jury foreperson.  The petitioner also
contends that the trial court erroneously dismissed the petition
without allowing the state to respond and improperly permitted the
indictments to include different classes of offenses in a single
indictment.  We conclude that the trial court properly dismissed the
petition.

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

LORING C. WARNER
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

LORING WARNER               JOHN KNOX WALKUP
Pro Se                      Attorney General & Reporter
S.T.S.R.C.F.
Route 4, Box 600            MARVIN J. CLEMENTS, JR.
Pikeville, TN  37367        Assistant Attorney General
                            Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493    

                            JERRY N. ESTES
                            District Attorney General
                            P.O. Box 1351
                            Cleveland, TN  37364-1351
                                                      

Judge:WITT

First Paragraph:

The petitioner, Loring C. Warner, currently incarcerated in the
Department of Correction serving an effective 52 year sentence for
convictions of aggravated rape, three counts of aggravated sexual
battery, and assault with intent to commit sexual battery, appeals the
Bradley County Criminal Court's summary dismissal of his Petition for
Post-Conviction Relief.  The lower court examined the record of
Warner's prior proceedings in conjunction with his petition, found the
petition "conclusively show[ed] that [Warner was] not entitled to
relief," and summarily dismissed the petition.  It is from this
determination Warner appeals, claiming that the court erred by
dismissing his petition without appointing counsel and conducting a
hearing, and further, that the court erred in failing to act on his
petition within 30 days as required by statute.  On review, we reverse
and remand the lower court's summary dismissal of the petition,
although we affirm the dismissal of specific claims, and we remand the
matter for appointment of counsel and such further proceedings as are
proper.

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

STATE OF TENNESSEE
vs.
TRAVIS DEWAYNE WEAVER

Court:TCCA

Attorneys: 


FOR THE APPELLANT:              FOR THE APPELLEE:

MARK E. STEPHENS                JOHN KNOX WALKUP
District Public Defender        Attorney General and Reporter

PAULA R. VOSS                   MICHAEL J. FAHEY, II
Assistant Public Defender       Assistant Attorney General
1209 Euclid Avenue              450 James Robertson Parkway
Knoxville, TN 37921             Nashville, TN 37243

                                RANDALL E. NICHOLS
                                District Attorney General

                                PAULA GENTRY
                                Assistant District Attorney
                                City-County Building
                                Knoxville, TN 37902                         

Judge:SMITH

First Paragraph:

Appellant Travis Dewayne Weaver pleaded guilty in the Knox County
Criminal Court to one count of attempted sale of cocaine and to one
count of possession of a deadly weapon during the commission of a
felony.  As a Range I standard offender, Appellant received a sentence
of three years for attempted sale of cocaine and one year for
possession of a deadly weapon, all of which was to be served on
probation.  Regarding the conviction for attempted sale of cocaine,
Appellant also received a fine of $26.50 for criminal injuries and
$525.75 for court costs. On the conviction for possession of a deadly
weapon, the court imposed fines of $26.50 for criminal injuries,
$33.50 in court costs, and $2,000.00.  On July 29, 1994, a probation
violation warrant issued for Appellant.  Following a probation
revocation hearing held on November 3, 1994, the trial court revoked
Appellant's probation and sentenced him to intensive supervisory
probation.  A second probation violation warrant issued on December
15, 1995.  On February 16, 1996, the trial court held a probation
revocation hearing.  The court revoked Appellant's intensive
supervisory  probation and ordered Appellant to serve the entirety of
his original sentence incarcerated in the Tennessee Department of
Corrections.  The court accorded Appellant seventy-nine days of
jailtime credit toward his four-year sentence.

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

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