TBALink Opinion-Flash

January 29, 1998 -- Volume #4 -- Number #018

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
13-New Opinons From TCA
16-New Opinons From TCCA

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George Dean
TBALink Chief Editor


DEELICHO BESH
VS.
TED COPPICK and         
LES HARRISON

Court:TCA

Attorneys: 

For Plaintiff/Appellant:        For Defendants/Appellees:

Deelicho Besh                   John Knox Walkup
Pro Se                          Attorney General and Reporter

                                Lisa T. Kirkham
                                Assistant Attorney General
                         
Judge:KOCH

First Paragraph:

This appeal involves contraband seized from a state prisoner.  After
prison officials confiscated his unauthorized walkman-style radio, the
prisoner filed suit against two correctional officers in the Chancery
Court for Davidson County alleging that they had converted his
personal property.  The trial court granted the officers motion for
summary judgment, and the prisoner has appealed.  We affirm the trial
court in accordance with Tenn. Ct. App. R. 10.

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

BILLY SALEEM EL-AMIN
VS.
DONAL CAMPBELL, COMMISSIONER    
TENNESSEE DEPARTMENT OF 
CORRECTION, et al.      

Court:TCA

Attorneys:

BILLY SALEEM El-AMIN, #58400
Nashville Community Service Center
7466 Centennial Boulevard
Nashville, Tennesseee 37209-1052
    Pro Se/Petitioner/Appellant

JOHN KNOX WALKUP
Attorney General & Reporter

JOHN R. MILES
Assistant Attorney General
Cordell Hull Building, Second Floor
425 5th Avenue North
Nashville, Tennessee 37243-0488
                          
Judge:CANTRELL

First Paragraph:

A prison inmate convicted of two felonies alleged that the Department 
of Correction illegally increased the total length of his sentence by
treating a concurrent sentence for the second offense as consecutive
to the first one.  The trial court granted the Department's Motion for
Summary Judgment, holding that the only proper legal interpretation of
the record was that the second sentence was to be served consecutively
to the first.  We affirm.

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

JERRY ALLEN ESTIS, et. al.
VS.
WILLIAM CAROLL KELLEY, et. al.

Court:TCA                      

Judge:TODD

First Paragraph:

The appellent, William Carroll Kelley, has filed a respectful petition
to rehear which has been duly considered and is hereby respectfully
denied.

URL:http://www.tba.org/tba_files/TCA/estisja2_ord.WP6
Opinion-Flash

CHARLES JACKSON
VS.
CORRECTIONS CORPORATION OF  
AMERICA, et al.

Court:TCA

Judge:TODD

First Paragraph:

For good cause shown, the opinion filed by this Court on March 12,
1997, and the judgment entered the same date are corrected and
modified.

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

MIKE LUZADDER and           
WENDY LUZADDER
VS.
JERRY FOWLER

Court:TCA

Attorneys:

AUBREY L. HARPER
114 North College Street
Post Office Box 588
McMinnville, Tennessee 37111-0588
    Attorney for Plaintiffs/Appellees

PAUL D. CROSS
100 Highway 64 West
Post Office Box 99
Monteagle, Tennessee 37356
    Attorney for Defendant/Appellant
                          
Judge:CANTRELL

First Paragraph:

The Chancery Court of Grundy County specifically enforced an oral
promise to sell a house and lot, by holding that the seller was
estopped to raise the statute of frauds as a defense.  We affirm.

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

CALVIN E. MITCHELL
VS.
WAYNE ARCHIBALD and     
METROPOLITAN GOVERNMENT 
OF NASHVILLE AND            
DAVIDSON COUNTY

Court:TCA

Attorneys:

For Plaintiff/Appellant:            For Defendant/Appellee:

Mark M. Mizell                      James L. Murphy, III
LLOYD T. KELSO & ASSOCIATES         Director of Law
Nashville, Tennessee                    
                                    Lizabeth D. Foster
                                    Metropolitan Attorney
                          
Judge:KOCH

First Paragraph:

This appeal involves the admissibility of an audio recording of the
statement of an eyewitness to an accident involving a bicyclist and a
city-owned dump truck.  The bicyclist filed suit against the city and
the driver of the truck in the Circuit Court for Davidson County. 
When the only disinterested eyewitness to the accident disclosed
during the trial that intervening brain surgery had impaired his
memory, the trial court permitted the defendants to introduce an audio
recording of a statement given by the witness less than one week after
the incident.  The trial court, after comparing the fault of the
respective parties, entered a judgment for the defendants.  On this
appeal, the bicyclist challenges the admissibility of the tape
recorded statement and the evidentiary foundation of the trial court's
decision.  We have determined that the trial court's decision to admit
the audio recording of the eyewitness's statement was not reversible
error and that we have no basis for disregarding the trial court's
determination of the weight of the evidence.

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

MELVIN SAWYER
vs.
JIM GRISHAM, DAWN CHASE,    
CHARLES TRAUGHBER,      
ROSE HILL, TENNESSEE BOARD  
OF PAROLES, TENNESSEE       
DEPARTMENT OF CORRECTION

Court:TCA

Attorneys:

For Plaintiff/Appellant:            For Defendants/Appellees:

Melvin Sawyer, Pro Se               John Knox Walkup
                                    Attorney General and Reporter

                                    Patricia C. Kussmann
                                    Assistant Attorney General

                         
Judge:KOCH

First Paragraph:

This appeal involves a state prisoner's pro se challenge to the
decision of the Tennessee Board of Paroles to deny him parole.  The
petitioner filed a petition for writ of certiorari in the Chancery
Court for Davidson County after filing unsuccessful suits in the
United States District Court and the Circuit Court for Hickman County.
 The chancery court dismissed the petition because it had not been
timely filed  in accordance with Tenn. Code Ann. S 27-9-102 (1980). 
We affirm.

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

SOMEDAY BABY, INC.
vs.
ENTERTAINMENT INTERNATIONAL

Court:TCA

Attorneys: 

Stanley M. Chernau, #2390
Linda Burnsed, #13734
CHERNAU, CHAFFIN & BURNSED
424 Church Street, Suite 1750
Nashville, TN 37219
ATTORNEYS FOR PLAINTIFF/APPELLEE

William J. Shreffler, #17224
W. Gary Blackburn
BLACKBURN, SLOBEY, FREEMAN & HAPPELL
2050 NationsBank Plaza
414 Union Street
Nashville, TN 37219
ATTORNEYS FOR DEFENDANT/APPELLEE
                         
Judge:TODD

First Paragraph:
    
The captioned defendant, Entertainment International, Inc. has
appealed from an unsatisfactory judgment of the Trial Court.  A
detailed recitation of the background of the controversy and
proceedings therein is necessary for an understanding of the issues on
appeal.

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

STANDARD FIRE INSURANCE     
COMPANY
vs.
CHESTER-O'DONLEY & ASSOCIATES,  
INC., OHIO CASUALTY INSURANCE   
COMPANY, CLARK & ASSOCIATES
ARCHITECTS, INC., and HIGHLAND  
RIM CONSTRUCTORS, INC.

Court:TCA

Attorneys:

For the Plaintiff/Appellant:        For the Defendants/Appellees
                                    Chester-O'Donley & 
                                    Associates, Inc.:
Arthur E. McClellan                                 
McClellan, Powers, Ehmling & Dix    John B. Link, III
Nashville, Tennessee                Nashville, Tennessee

                                    Ohio Casualty Insurance Company:

                                    Lewis B. Hollabaugh
                                    Lawrence B. Hammet, II
                                    Manier, Herod, Hollabaugh & Smith                           
                                    Nashville, Tennessee

                                    Clark & Associates Architects, Inc.:

                                    Andree Sophia Blumstein
                                    Sherrard & Roe
                                    Nashville, Tennessee

                                    Highland Rim Constructors, Inc.:

                                    C. George Caudle
                                    Baker, Donelson, Bearman & Caldwell
                                    Chattanooga, Tennessee
                         

Judge:KOCH

First Paragraph:

This appeal involves the scope of coverage of a mechanical
subcontractor's commercial general liability insurance policy.  The
general contractor, the project architect, and the subcontractor's
bonding company asserted various damage claims against the
subcontractor in litigation stemming from the total failure of the
subcontractor's work. When the subcontractor called upon the issuer of
its commercial general liability policy to defend against these
claims, the insurer denied coverage and filed suit in the Circuit
Court for Davidson County seeking a declaratory judgment concerning
the scope of its policy's coverage and its obligation to defend the
subcontractor.  In response to the parties' motions for summary
judgment, the trial court held that the policy covered the claims
asserted by the general contractor, the project architect, and the
subcontractor's bonding company.  The insurer asserts on this appeal
that its policy did not cover these claims.  We vacate the trial
court's order because the policy covers only one claim asserted by the
general contractor and the subcontractor's bonding company.

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

SHELLEY SUE STEVENSON
vs.
MICHAEL KINGSTON STEVENSON

Court:TCA

Attorneys:

Louise R. Fontecchio
Nashville, Tennessee
Attorney for Appellant
                        
Mike W. Binkley
Nashville, Tennessee
Attorney for Appellee
                                                                                                                                            
Judge:FARMER

First Paragraph:

Shelley Sue Stevenson (Wife) and Michael Kingston Stevenson (Husband)
were divorced by final decree entered on November 18, 1994.  Wife was
awarded custody of the parties' two minor children, alimony in futuro
and child support.  Husband was also ordered to pay the uncovered
medical expenses of the Wife.  Husband appealed to this court and we
remanded the case to further develop the basis of the trial court's
award of child support with regard to the child support guidelines. 
During the pendency of the appeal, the trial court found Husband in
civil contempt for failure to pay alimony.  Husband subsequently filed
a petition to change custody and a motion to modify alimony and Wife
filed a second petition for contempt against Husband.  The trial court
denied Husband's petitions to change custody and to reduce alimony,
but did find Husband in civil contempt a second time for continued
nonpayment of alimony.  Pursuant to remand from this Court, the trial
court determined Husband's earning capacity at $62,000 annually and
established his obligation for child support at $800 per month and his
obligation of alimony in futuro at $700 a month.  On appeal, Husband
challenges each of the findings of the trial court, including the
finding of contempt and the award of medical expenses.  Wife requests
her attorney fees on appeal.  We reverse the trial court on the issue
of contempt, but affirm its decision on all other issues and remand
for determination of Wife's attorney fees.

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

JAMES A. TURNER
vs.
LINDA M. TURNER

Court:TCA

Attorneys: 

DOT DOBBINS, Nashville, Attorney for Plaintiff.

PHILIP W. DUER, Nashville, Attorney for Defendant.
                         
Judge:FARMER

First Paragraph:

James A. Turner ("husband") filed suit for divorce against Linda M.
Turner ("wife") in the Circuit Court of Davidson County.  Wife filed
an answer and a counterclaim.  Following a hearing, the trial court
declared both parties divorced pursuant to T.C.A. S 36-4-129.  In
addition to making a division of property the court awarded wife
alimony in futuro in the amount of $350 per month until the marital
home was sold and $650 per month thereafter.  The sole issue on appeal
is whether or not the trial court erred in awarding wife alimony in
futuro rather than rehabilitative alimony.  For the reasons
hereinafter stated, we are of the opinion that the alimony awarded
should have been rehabilitative in nature, and hereby modify and
affirm.

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

DAWN LOUISE WADDELL             
WILLIAMS

RICHARD DANCE and           
FRED C. DANCE
vs.
THOMAS WICKLIFF COMER       

Court:TCA
                        
Judge:LILLARD

First Paragraph:

Upon consideration of the petition for rehearing of the Appellants,
Richard Dance and Fred C. Dance, the  petition is denied.

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

STATE OF TENNESSEE
vs.
DANIEL S. BARNES

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

Paula Blair                 John Knox Walkup
Attorney at Law             Attorney General & Reporter
176 Second Avenue, N.
Nashville, TN 37201         Sarah M. Branch
                            Counsel for the State
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493
    
                            Victor S. Johnson III
                            District Attorney General

                            Nicholas Bailey
                            Asst District Atty General
                            Washington Square Building
                            222 Second Avenue, North
                            Nashville, TN 37201
                              
Judge:SUMMERS

First Paragraph:

The appellant, Daniel S. Barnes, was convicted in a bench trial in
Davidson County of burglary and attempted theft of property valued
under $500.  He was sentenced to four years for burglary and six
months for attempted theft and placed on probation, which was later
revoked.  The appellant's sole issue on appeal is whether the evidence
was sufficient to support his convictions for burglary and attempted
theft.  We affirm.

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

DARRELL RAY BEENE
vs.
STATE OF TENNESSEE

Court:TCCA

Judge:SMITH

First Paragraph:

This matter is before the Court upon the petitioner's motion
requesting that counsel be appointed to represent him in the
above-styled appeal.  The petitioner is appealing from the dismissal
of his post-conviction petition.  In his petition for post conviction
relief, the petitioner challenged the legal sufficiency of his 1993
indictment and claimed that he received ineffective assistance of
counsel.  Having reviewed the petitioner's motion and the record, we
find that the petitioner's motion is not well taken.  Accordingly, we
affirm the judgment of the trial court pursuant to Rule 20, Tennessee
Court of Criminal Appeals Rules.

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

MONROE BROWN
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

DAVID I. KOMISAR                JOHN KNOX WALKUP
211 Printer's Alley Bldg.       Attorney General and Reporter
Ste. 400
Nashville, TN 37201-1414        LISA A. NAYLOR
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243

                                VICTOR S. JOHNSON
                                District Attorney General
    
                                PAM ANDERSON
                                Assistant District Attorney
                                222 Second Avenue, North
                                Suite 500
                                Nashville, TN 37243
                          
Judge:SMITH

First Paragraph:

A Davidson County Criminal Court jury found Appellant Monroe Brown
guilty of one count of second degree murder.  As a Range II persistent
offender, he received a life sentence in the Tennessee Department of
Corrections.  In this appeal, Appellant presents the following issue
for review:  whether the trial court erred in dismissing Appellant's
petition for post-conviction relief.

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

STATE OF TENNESSEE
vs.
TOMMY GENE CLINTON

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

H. MARSHALL JUDD                JOHN KNOX WALKUP
Assistant Public Defender       Attorney General and Reporter
215 Reagan Street
Cookeville, TN 38501            DARYL J. BRAND
                                Assistant Attorney General
                                425 5th Avenue North
                                Nashville, TN 37243

                                BILL GIBSON
                                District Attorney General

                                JOHN NISBETT
                                Asst District Atty General
                                145 South Jefferson Avenue
                                Cookeville, TN 38501
                         
Judge:WELLES

First Paragraph:

This is an appeal as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure.  The Defendant was convicted on a jury
verdict of the offense of assault.  The jury imposed a fine of
two-thousand five hundred dollars ($2500).  The trial judge sentenced
the Defendant to eleven months and twenty-nine days in the county
jail, with seventy-five percent (75%) to be served.  The Defendant
appeals his conviction and his sentence.  We affirm the judgment of
the trial court.

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

STATE OF TENNESSEE  
vs.
JERRY DALE DUFFEY

Court:TCCA

Attorneys: 

For the Appellant                   For the Appellee

William C. Bright                   John Knox Walkup
Assistant Public Defender           Attorney General & Reporter
22nd Judicial District
209 W. Madison Street               Karen M. Yacuzzo
Pulaski, TN. 38478                  Assistant Attorney General
                                    2nd Floor Cordell Hull Bldg
                                    425 Fifth Avenue North
                                    Nashville, TN. 37243-0943
                                    
                                    T. Michael Bottoms
                                    District Attorney General
                                    P.O. Box 459
                                    Lawrenceburg, TN. 38464

                                    Robert C. Sanders                                       
                                    Asst District Atty General
                                    10 Public Square
                                    P.O. Box 1619
                                    Columbia, TN. 38402
                         
Judge:BARKER

First Paragraph:

By -Ba()()pellant, Jer*c*ale Duffey, appeals as of right the
Maury County Circuit Court's dismissal of his petition for
post-conviction relief.  On May 10, 1994, appellant entered a plea of
nolo contendere on the charges of theft over five hundred ($500)
dollars and deceptive business practices.  The trial court sentenced
the appellant to two (2) years on the theft conviction and to six (6)
months on the conviction of deceptive business practices.  The
sentences were ordered to run concurrently to each other and to
sentences that the appellant was already serving for convictions in
Marshall County.  No direct appeal was taken from the Maury County
convictions at issue in this proceeding.

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

STATE OF TENNESSEE
vs.
JERRY RONALD HARRIS

Court:TCCA

Attorneys:

FOR THE APPELLEE:               FOR THE APPELLANT:

BRYAN E. DELIUS                 JOHN KNOX WALKUP 
124 Court Avenue, Ste 201       Attorney General & Reporter
Sevierville, TN  37862
                                PETER M. COUGHLAN 
                                Assistant Attorney General
                                2nd Floor, Cordell Hull Building
                                425 Fifth Avenue North 
                                Nashville, TN  37243

                                ALFRED C. SCHMUTZER, JR.
                                District Attorney General 

                                CHARLES ATCHLEY, JR. 
                                Asst District Attorney General
                                Sevier County Courthouse
                                Sevierville, TN  37862  

                          
Judge:WOODALL

First Paragraph:

In this case the State appeals as of right from the sentence imposed
by the Circuit Court of Sevier County.  The Defendant, Jerry Ronald
Harris, pled guilty to conspiracy to sell LSD, a Class C felony, and
to sale of LSD, a Class B felony.  The trial court ordered the
Defendant to serve six (6) years on the conspiracy charge and eight
(8) years for the sale of LSD.  The sentences were to be served
concurrently in the Community Corrections program with the first six
(6) months of the sentence being incarceration in the Sevier County
jail.  The State challenges the length of the sentence for the sale of
LSD and manner of service of both of  the Defendant's sentences.  We
affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
JAMES DARRELL HORNE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

RUSSELL MATTOCKS                    JOHN KNOX WALKUP
1609 College Park Dr., Box 11       Attorney General and Reporter
Morristown, TN 37813-1618           
                                    CLINTON J. MORGAN
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    C. BERKELEY BELL
                                    District Attorney General
                        
                                    DOUG GODBEE
                                    Asst District Attorney General
                                    Main Street, Courthouse
                                    Rogersville, TN 37857
                          
Judge:CRAFT

First Paragraph:

Appellant, James Darrel Horne, was charged in an eight count
presentment with four aggravated burglaries and four resultant thefts.
 After a hearing on Defendant's Motion to Suppress, which was denied
by the trial judge, appellant entered a guilty plea to each count, all
sentences to be served concurrently, for an effective sentence of
three years in the Department of Correction, reserving as certified
questions of law two findings by the trial judge during the motion to
suppress.

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

RAYMOND O. JACKSON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 


FOR THE APPELLANT:              FOR THE APPELLEE:

LIONEL R. BARRETT, JR.          JOHN KNOX WALKUP
Washington Square-Two Ste 417   Attorney General and Reporter
222 Second Avenue, North
Nashville, TN 37201             DARYL J. BRAND
                                Assistant Attorney General
                                425 5th Avenue North
                                Nashville, TN 37243

                                VICTOR S. JOHNSON
                                District Attorney General

                                ROGER D. MOORE
                                Asst District Atty General
                                Washington Square - Suite 500
                                222 Second Avenue, North
                                Nashville, TN 37201-1649
                         
Judge:WELLES

First Paragraph:

The Petitioner, Raymond O. Jackson, appeals as of right pursuant to
Rule 3 of the Tennessee Rules of Appellate Procedure from the trial
court's denial of his petition for post-conviction relief.  It appears
that on March 6, 1980, the Petitioner was convicted of assault with
intent to commit murder, armed robbery, and kidnapping.  He was
sentenced to five to twenty-one years for the assault, fifteen years
for the robbery, and fifty years for the kidnapping.  The sentences
were ordered to run consecutively.  He filed a pro se petition for
post-conviction relief, apparently his third, on June 30, 1989. 
Counsel was appointed on February 6, 1990.  The trial court initially
dismissed the petition on February 13, 1990, but later withdrew the
order of dismissal to allow the Petitioner to present further
evidence.  On March 12, 1996, the trial court entered an order denying
the petition.  It is from this order that the Petitioner now appeals. 
For the reasons set forth below, we reverse the dismissal of the
petition and remand this case to the trial court for further
proceedings consistent with this opinion.

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

RANDY BLAINE KNIGHT
vs.
HOWARD CARLTON, WARDEN

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

RANDY KNIGHT, pro se            JOHN KNOX WALKUP 
N.E.C.C. #101642                Attorney General & Reporter
P.O. Box 5000 
Mountain City, TN  37683        TIMOTHY F. BEHAN 
                                Assistant Attorney General
                                2nd Floor, Cordell Hull Building
                                425 Fifth Avenue North 
                                Nashville, TN  37243

                                DAVID CROCKETT 
                                District Attorney General
                                Route 19, Box 99
                                Johnson City, TN  37601 

                          
Judge:WOODALL

First Paragraph:

The Appellant, Randy Blaine Knight, appeals as of right from the trial
court's dismissal of his Petition for Habeas Corpus Relief.  We affirm
the judgment of the trial court.

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

DENNIS WAYNE MANGRUM
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

JAMES G. KING               JOHN KNOX WALKUP
222 Second Avenue North     Attorney General and Reporter
Suite 416
Nashville, TN 37201         JANIS L. TURNER
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            VICTOR S. JOHNSON
                            District Attorney General

                            CHERYL BLACKBURN
                            Assistant District Attorney
                            222 Second Avenue South
                            Nashville, TN 37201
                         
Judge:SMITH

First Paragraph:

On November 22, 1994, Appellant Dennis Wayne Mangrum pled guilty to
three counts of selling a controlled substance, one count of
possession with intent to resell, one count of simple possession of a
controlled substance, and one count of possession of drug
paraphernalia. Pursuant to a plea agreement, Appellant received three
ten-year sentences as well as three fines of $2,000 each for the three
counts relating to selling a controlled substance. On the possession
and possession with intent counts he received sentences of 11 months
and 29 days and fines totaling $2,250.00. It was agreed that the
sentences would run concurrently, for an effective sentence of ten
years. At the time of the plea agreement, Appellant was representend
by an attorney from the Metro Davidson County Public Defender's
Office.

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

STATE OF TENNESSEE
vs.
TINA MARIE OVERSTREET

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

Jay Norman                  John Knox Walkup
Attorney at Law             Attorney General & Reporter
213 Third Avenue, North     500 Charlotte Avenue
Nashville, TN  37201        Nashville, TN  37243-0497

                            Georgia B. Felner
                            Counsel for the State
                            Cordell Hull Building, Second Floor
                            425 Fifth Avenue, North
                            Nashville, TN  37243-0493

                            Victor S. Johnson
                            District Attorney General
                            Washington Square, Suite 500
                            222 Second Avenue, North
                            Nashville, TN  37201
                    
                            John Zimmermann
                            Assistant District Attorney General
                            Washington Square, Suite 500
                            222 Second Avenue, North
                            Nashville, TN  37201

                            Pam Anderson
                            Assistant District Attorney General
                            Washington Square, Suite 500
                            222 Second Avenue, North
                            Nashville, TN  37201
                          
Judge:Jones

First Paragraph:

The appellant, Tina Marie Overstreet (defendant), was convicted of two
counts of delivery of marijuana, Class E felonies, following her pleas
of guilty to these offenses.  The trial court, finding the defendant
was a standard offender, imposed a Range I sentence consisting of a
$2,000 fine and confinement for one (1) year in the Davidson County
Workhouse for each count pursuant to a plea agreement.  It was further
agreed the sentences were to be served concurrently.  The trial court
ordered the defendant to serve from November 22, 1996 to December 23,
1996 in the Metro County Jail.  The balance of the sentence is to be
served on probation.  In this court, the defendant contends the
"sentence of confinement imposed is excessive."  After a thorough
review of the record, the briefs submitted by the parties, and the law
governing the issue 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/ovrstrtt_opn.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
BILL SANDELL

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

Philip A. Condra                Charles W. Burson
District Public Defender        Attorney General & Reporter

B. Jeffrey Harmon               Elizabeth T. Ryan               
Assistant Public Defender       Assistant Attorney General
P.O. Box 220                    450 James Robertson Parkway
204 Betsy Pack Dr.              Nashville, TN 37243-0493  
Jasper, TN  37347

                                James Michael Taylor
                                District Attorney General

                                Will Dunn
                                Assistant District Attorney General
                                265 Third Ave., Ste. 300
                                Dayton, TN  37321
                          
Judge:BYERS

First Paragraph:

The defendant was indicted for rape of a child and convicted of the
lesser included offense of aggravated sexual battery.  He was
sentenced to ten years in prison and was fined $25,000.00, which the
trial judge reduced to $10,000.00 because of the defendant's
indigency.

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

STATE OF TENNESSEE
vs.
ADAM SHORT

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

M. KEITH DAVIS                  JOHN KNOX WALKUP
Attorney At Law                 Attorney General & Reporter
P.O. Box 666
Dunlap, TN  37327               TIMOTHY F. BEHAN
                                Assistant Attorney General
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493    

                                J. MICHAEL TAYLOR
                                District Attorney General
                            
                                JAMES W. POPE, III
                                Asst. District Attorney General                         
                                265 Third Ave., Ste. 300
                                Dayton, TN  37321
                          
Judge:WITT

First Paragraph:

The defendant, Adam Short, pleaded guilty in the Bledsoe County 
Circuit Court to one count of sale of a Schedule II controlled
substance, a class C felony.  See Tenn. Code Ann. S 39-17-417 (1997). 
As part of his plea agreement, other counts of the presentment against
him were dismissed.  The court sentenced him to 3 years and 6 months,
the first 30 days to be served in the county jail and the remaining 3
years and 5 months to be served on probation conditioned upon
participation in Community Corrections.  The defendant has appealed
the sentencing determination, claiming the trial court erred in
imposing split confinement, rather than allowing him to serve his
entire sentence on probation, or alternatively, in Community
Corrections.  Having reviewed the record and the arguments of the
parties, we affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
JAMES DAVID SHROPSHIRE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

JOHN KNOX WALKUP                    KENNETH F. IRVINE, JR.
Attorney General and Reporter       550 Main Avenue
Chattanooga, TN 37402               NationsBank Center
                                    Suite 775
MICHAEL J. FAHEY, II                Knoxville, TN 37901      
Assistant Attorney General                                       
450 James Robertson Parkway
Nashville, TN 37243-0493

RANDALL E. NICHOLS  
District Attorney General                       
WILLIAM H. CRABTREE                         
CHARME JOHNSON
Assistant District Attorney General
City-County Building
Knoxville, TN 37902                         
                          
Judge:CRAFT

First Paragraph:

The State of Tennessee appeals from the decision of the trial judge
dismissing convictions for assault and aggravated sexual battery due
to insufficiency of the presentment.  We reverse, reinstate the
convictions and remand for further proceedings.

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

RICKY SUMMERS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

MARIAN C. FORDYCE           JOHN KNOX WALKUP
129 Second Avenue North     Attorney General and Reporter
Nashville, TN 37201
                            LISA A. NAYLOR
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243

                            VICTOR S. JOHNSON
                            District Attorney General

                            JON SEABORG
                            Assistant Attorney General
                            222 Second Avenue North
                            Nashville, TN 37201-1649
                          

Judge:SMITH

First Paragraph:

On August 4, 1994, a Davidson County jury convicted Appellant, Ricky
Summers, of one count of possession of a schedule II drug for resale.
He was sentenced to fifteen years in the Tennessee Department of
Correction. On September 7, 1995, Appellant filed a petition for
habeas corpus relief; the State failed to file a reply. On February 2,
1996, the Honorable Seth Norman heard appellant's petition. Appellant
appeals from the trial court's denial of his petition.

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

STATE OF TENNESSEE
vs.
ALTON WALLER

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

John H. Henderson           John Knox Walkup
District Public Defender    Attorney General & Reporter 
407 C Main Street
P.O. Box 68                 Janis L. Turner
Franklin, TN 37065-0068     Counsel for the State
                            Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            Joseph D. Baugh
                            District Attorney General

                            Jeff P. Burks
                            Assistant District Attorney General
                            P.O. Box 937
                            Franklin, TN 37065-0937
                         
Judge:SUMMERS

First Paragraph:

A Williamson County jury found the appellant,  Alton Waller, guilty of
the rape of a child.  On appeal, the appellant contends that the
evidence of the culpable mental state for the offense is insufficient
to support the jury's verdict.  After reviewing the evidence, we
affirm the jury's verdict.

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

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