TBALink Opinion-Flash

February 2, 1998 -- Volume #4 -- Number #020

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
08-New Opinons From TCA
37-New Opinons From TCCA

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George Dean
TBALink Chief Editor


RONNIE BRADFIELD,           
[A/K/A] PAUL FARNSWORTH
vs.                     
DONAL CAMPBELL, et al.

Court:TCA
                       
Judge:FARMER

First Paragraph:

The plaintiff, Ronnie Bradfield, a/k/a Paul Farnsworth, sued
defendants Donal Campbell, Robert L. Conley, Billy Compton, Harold
Butler and John Does 1, 2, and 3.  Mr. Bradfield is an inmate in the
custody of the Tennessee Department of Corrections, (T.D.O.C.).  The
complaint identifies Donel Campbell as Commissioner of the T.D.O.C.;
Robert Conley as Warden of the correctional facility in Lake County,
Tennessee at Tiptonville; Billy Compton as Warden of the correctional
facility at Henning, Tennessee and Harold Butler as a physician at
Lake County Regional Correction Facility, (L.C.R.C.F.).  John Doe 1 is
identified as a correctional officer at LCRCF and John Does 2 and 3
are identified as employees of the T.D.O.C.

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

CHARLES E. CREWS
vs.
DEXTER ROAD PARTNERS,                   
O.P. ADNEY, JR., Individually,          
LARRY L.  TAYLOR, Individually,     
and W. TERRY EDWARDS, Trustee

Court:TCA

Attorneys:

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

Julie Bartholomew                   Douglas Hartley  
Cordova, Tennessee                  Cordova, Tennessee
                          
Judge:LILLARD

First Paragraph:

In this case, the parties entered into a real estate contract in which
the seller was required to construct a road to the property by a
specified date.  The road was not completed by the agreed deadline,
and the buyer sued for liquidated damages provided for by the
contract.  The trial court awarded liquidated damages, and the seller
appeals.  We affirm.

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

TOM GARY EWELL and          
JAMES A. SMITH
vs.
ANNE HILL

Court:TCA

Attorneys:

For the Plaintiffs/Appellants:      For the Defendant/Appellee:

Terry C. Cox                        Charles M. Cary   
Collierville, Tennessee             Bolivar, Tennessee
                             
Judge:LILLARD

First Paragraph:

This is an action to set aside a tax deed.  Plaintiffs/Appellants Tom
Gary Ewell ("Ewell") and James A. Smith ("Smith") appeal the trial
court's order dismissing the suit.  We affirm.

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

STATE OF TENNESSEE
vs.
SYLVIA POWELL KOONCE

Court:TCA
                      
First Paragraph:

Came the appellant, Sylvia Powell Koonce, by counsel, and also came
the Attorney General on behalf of the State, and this case was heard
on the record on appeal from the Circuit Court of Lauderdale County;
and upon consideration thereof, this Court is of the opinion that
there is no reversible error in the judgment of the trial court.

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

ELLEN MARIE MUZI MARCUS
vs.
LOUIS EDWARD BERG MARCUS

Court:TCA

Attorneys:

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

Kay Farese Turner                   Stevan L. Black
Charles W. McGhee                   Kimberly Harris Jordan
Memphis, Tennessee                  Memphis, Tennessee
                          
Judge:LILLARD

First Paragraph:

This is a divorce case.  Both parties appeal certain determinations
regarding child support, alimony, the division of property, and
attorney's fees.  We affirm in part, reverse in part and remand.

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

CITY OF MILAN HOSPITAL, 
SPN, INC.  D/B/A/ BRIDAL ORIGINALS, 
WBBJ-TV 7, and
LANDA ENTERPRISES
vs.
REX FERRELL, 
LEIGH FERRELL, and
DORIS CAPPS

Court:TCA

Attorneys: 

David A. Riddick
Law Office of Holmes, Rich, Sigler & Riddick, P. C.
Of Jackson
For Plaintiffs-Appellants

John C. Nowell, Jr. 
Of Trenton 
For Defendant-Appellee
                         
Judge:LANIER

First Paragraph:

This is a suit to set aside a conveyance of a truck as a fraud upon
the plaintiffs  as creditors, and  for a money judgment.

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

SCHERING-PLOUGH HEALTHCARE  
PRODUCTS, INC.
vs.
STATE BOARD OF EQUALIZATION

Court:TCA

Attorneys: 

FRED M. RIDOLPHI, JR.
HUMPHREYS DUNLAP WELLFORD ACUFF & STANTON, P.C.
Memphis, Tennessee
Attorney for Appellant

JOHN KNOX WALKUP
Attorney General and Reporter

GARY N. MEADE, JR.
Assistant Attorney General
Nashville, Tennessee
Attorney for Appellee
                         
Judge:HIGHERS

First Paragraph:

This action was filed by Plaintiff/Appellant, Schering-Plough
Healthcare Products, Inc., ("Schering-Plough"), in the Chancery Court
of Shelby County to obtain judicial review of a decision by Defendant,
Tennessee State Board of Equalization ("Board"), upholding a personal
property tax assessment by the Shelby County tax assessor's office. 
The chancellor granted the Board's motion to dismiss on the ground
that the trial court did not have subject matter jurisdiction due to
Schering-Plough's failure to name Shelby County as a defendant and to
serve upon the County a summons and a copy of the petition.  The sole
issue presented for review by this court is whether the chancellor
erred in dismissing Schering-Plough's suit for judicial review for
lack of subject matter jurisdiction because of Schering-Plough's
failure to name Shelby County as a defendant and to serve Shelby
County with a copy of the petition under T.C.A. S 4-5-322(b).  For
reasons stated hereinafter, we reverse the judgment of the trial court
and remand.

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

WILLIAM KENNETH SIMS and wife,
EDNA W. SIMS
vs.
EDDIE STEWART, JR., and
TENNESSEE FARMERS MUTUAL 
INSURANCE COMPANY

Court:TCA

Attorneys:

Wesley A. Clayton and Robert B. Vandiver, Jr.;
Waldrop & Hall, P.A., of Jackson
For Appellant, Tennessee Farmers Mutual Insurance Company

T. J. Emison, Jr., of Alamo
For Appellees
                          
Judge:CRAWFORD

First Paragraph:

This case involves a dispute concerning the amount due under an
uninsured/underinsured motorist insurance policy.  On September 27,
1993, William Kenneth Sims (hereinafter, "Sims"), while engaged in the
scope of his employment as a Deputy Sheriff in Gibson County, was
injured when he was struck by a motor vehicle driven by Defendant
Eddie Stewart (hereinafter, "Stewart").  Sims suffered compound
fractures of the left tibia and fibula as well as resulting
complications to his preexisting diabetic condition.

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

ESTES ANDERSON
vs.
BILLY COMPTON, WARDEN

Court:TCCA
                        
Judge:JONES

First Paragraph:

On January 3, 1991, the petitioner was indicted on one count of
aggravated rape.  The petitioner was subsequently convicted of
aggravated rape and he received a sentence of twenty years.  On
February 28, 1997, the petitioner filed a petition for a writ of
habeas corpus challenging the sufficiency of the indictment.  The
trial court denied relief.

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

STATE OF TENNESSEE
vs.
WILLIAM PAUL BOGUS

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

Lyman Ingram                    Charles W. Burson
P.O. Box 742                    Attorney General of Tennessee
Dyersburg, TN 38024             and
(AT TRIAL)                      Michelle L. Lehmann
                                Asst Attorney General of Tennessee      
G. Stephen Davis                
                                450 James Robertson Parkway     
District Public Defender        Nashville, TN 37243-0493
P.O. Box 742
Dyersburg, TN 38025-0742        C. Phillip Bivens
(ON APPEAL)                     District Attorney General
                                and
                                James E. Lanier
                                Asst District Attorney General
                                Dyer County Courthouse
                                Dyersburg, TN 38024
                          

Judge:Tipton

First Paragraph:

The defendant, William Paul Bogus, appeals as of right from his
convictions for first degree murder in the perpetration of a felony
and aggravated burglary, a Class C felony, that he received in
separate jury trials in the Circuit Court for Dyer County.  The
defendant received a sentence of life without the possibility of
parole for the murder and a Range II sentence of nine years on the
aggravated burglary conviction.  Relative to the first degree murder
in the perpetration of a felony, the defendant contends that (1) the
evidence is insufficient to support his conviction for felony murder,
(2) the trial court erred in refusing to grant a mistrial when a juror
saw the defendant being transported to the courthouse in a Department
of Correction vehicle, and (3) the jury abused its discretion in
sentencing the defendant to life without the possibility of parole. 
As for the aggravated burglary case, the defendant contends that (1)
the evidence is insufficient to prove that he had the intent needed
for burglary and (2) the nine-year sentence imposed by the trial court
is excessive.  We disagree with the defendant's contentions in both
cases.

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

STATE OF TENNESSEE
vs.
DEMARCO BOWDERY AND     
ANTHONY L. WELLS

Court:TCCA

Attorneys:

FOR THE APPELLANTS:             FOR THE APPELLEE:

Charles E. Waldman              John Knox Walkup
Attorney at Law                 Attorney General & Reporter
147 Jefferson Ave. Ste 1102     500 Charlotte Avenue
Memphis, TN 38103               Nashville, TN 37243-0497
(Counsel for Bowdery)               
                                Deborah A. Tullis
Joseph S. Ozment                Assistant Attorney General
Attorney at Law                 450 James Robertson Parkway
217 Exchange Avenue             Nashville, TN 37243-0493
Memphis, TN 38103
(Counsel for Wells)             William L. Gibbons
                                District Attorney General
                                201 Poplar Avenue, Suite 3-01
                                Memphis, TN 38103

                                Reginald Henderson
                                Asst District Attorney General
                                201 Poplar Avenue, Suite 3-01
                                Memphis, TN 38103
                          
Judge:Jones

First Paragraph:

The appellants, Demarco Bowdery and Anthony L. Wells (defendants),
were convicted of aggravated robbery, a Class B felony, and aggravated
assault, a Class C felony, by a jury of their peers.  The trial court,
finding the defendants were standard offenders, imposed the following
Range I sentences as to both defendants: (a) a fine of $500 and
confinement for eight (8) years in the Department of Correction for
aggravated robbery, and (b) a fine of $500 and confinement for three
(3) years in the Department of Correction for aggravated assault.  The
sentences are to be served concurrently.  One issue is presented for
review.  The defendants contend the evidence contained in the record
is insufficient, as a matter of law, to support a finding by a
rational trier of fact that they are guilty of these offenses beyond a
reasonable doubt.  After a thorough review of the record, the briefs
submitted by the parties, and the law governing this issue, this court
is of the opinion the judgment of the trial court should be affirmed.

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

STATE OF TENNESSEE
vs.
FRANK E. BRADFORD

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

EDWARD THOMPSON                     JOHN KNOX WALKUP
Assistant Public Defender           Attorney General and Reporter
Shelby County Public Defender's
Office                              CLINTON J. MORGAN
Memphis, TN 38103                   Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243

                                    WILLIAM L. GIBBONS
                                    District Attorney General
                         
Judge:SMITH

First Paragraph:

Appellant, Frank E. Bradford, was convicted of the offense of
disorderly conduct in violation of Tennessee Code Annotated Section
39-17-305.  He was sentenced to serve thirty days in the Shelby County
Correctional Center.  In this appeal he alleges that the evidence is
insufficient to support the verdict.

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

STATE OF TENNESSEE
vs.
RONALD BRET CASS

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

Ronald Bret Cass, Pro Se        John Knox Walkup
2112 Prince Place               Attorney General & Reporter
Savannah, TN 38372              500 Charlotte Avenue
                                Nashville, TN 37243-0497

                                Kenneth W. Rucker
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                G. Robert Radford
                                District Attorney General
                                111 Church Street
                                Huntingdon, TN 38344-0686

                                Eleanor Cahill
                                Asst District Attorney General
                                111 Church Street
                                Huntingdon, TN 38344-0686
                          
Judge:Jones

First Paragraph:

The appellant, Ronald Bret Cass (defendant), was convicted of driving
while under the influence, second offense, a Class A misdemeanor, by a
jury of his peers.  The trial court sentenced the defendant to pay a
fine of $2,000 and serve eleven months and twenty-nine days in the
Hardin County Jail.  The defendant is required to serve six months of
the sentence.  The trial court suspended the balance of the sentence
and ordered that the defendant will serve this portion of the sentence
on probation.  The defendant's driving privileges were revoked for two
years.

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

MELVIN CURRIE
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:

TOM W. CRIDER
District Public Defender

JOYCE DIANE STOOTS
Assistant Public Defender
107 South Court Square
Trenton, TN 38382-1866
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

KENNETH W. RUCKER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

CLAYBURN L. PEEPLES
District Attorney General

LARRY HARDISTER
Assistant District Attorney General
110 College Street, Suite 200
Trenton, TN  38382-1841                          

Judge:RILEY

First Paragraph:

The petitioner, Melvin Currie, appeals the order of the Circuit Court
of Haywood County dismissing his petition for post-conviction relief. 
Petitioner pled guilty in 1991 to the sale of cocaine and received a
sentence of six (6) years with all time suspended except for time
served.  In his post-conviction petition, he alleges that:  (1) his
guilty plea was not knowing and voluntary; (2) he received an illegal
sentence; and (3) trial counsel was ineffective.  Furthermore, he
contends that his guilty plea should be set aside because there was no
factual basis to support the plea.  We find no error; therefore, the
judgment of the trial court is affirmed.

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

ROBERT J. DYER, JR.
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:

TOM W. CRIDER
District Public Defender

JOYCE DIANE STOOTS
Assistant Public Defender
107 South Court Square
Trenton, TN 38382-1866
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

KENNETH W. RUCKER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

CLAYBURN L. PEEPLES
District Attorney General

LARRY HARDISTER
Assistant District Attorney General
110 College Street, Suite 200
Trenton, TN  38382-1841                         

Judge:RILEY

First Paragraph:

This case represents an appeal from the dismissal of the petitioner's
second petition for post-conviction relief.  The petitioner was
originally convicted of first-degree murder, child kidnapping,
forgery, passing forged paper and two counts of passing bad checks. 
This Court affirmed the convictions in 1992, and the petitioner
apparently did not seek an appeal to the Supreme Court.  The
petitioner thereafter filed his first petition for post-conviction
relief in 1992.  After the appointment of counsel and an evidentiary
hearing, the trial court denied relief.  On appeal, this Court
affirmed the denial of the trial court, Robert June Dyer, Jr. v.
State, No. 02C01-9207-CC-00161 (Tenn. Crim. App., April 7, 1993), and
the Supreme Court denied permission to appeal on August 2, 1993.

URL:http://www.tba.org/tba_files/TCCA/dyer1_ord.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
RANDY C. FIVEASH

Court:TCCA

Attorneys: 

FOR THE APPELLANT:

GERALD D. SKAHAN
140 North Third Street
Memphis, TN  38103-2007

FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

DEBORAH A. TULLIS
Assistant Attorney General
Cordell Hull Building - 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

WILLIAM L. GIBBONS
District Attorney General

THOMAS D. HENDERSON
Assistant District Attorney General
201 Poplar Avenue, Ste. 301
Memphis, TN  38103-1947
                         
Judge:RILEY

First Paragraph:

The appellant, Randy C. Fiveash, entered a plea of guilty to the
offense of driving in violation of the Habitual Motor Vehicle
Offenders (HMVO) Act, a Class E felony.  He received a sentence of one
(1) year as a Standard Offender with the issue of alternative
sentencing reserved for judicial determination.  The sole issue
presented in this appeal is whether the trial court erred in denying
community corrections.  We  AFFIRM the sentence of the trial court
pursuant to Rule 20 of the Tennessee Court of Criminal Appeals.

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

STATE OF TENNESSEE
vs.
NICOLE GRAY

Court:TCCA

Attorneys: 

FOR THE APPELLANT:

GERALD D. SKAHAN
140 North Third Street
Memphis, TN  38103-2007

FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

DEBORAH A. TULLIS
Assistant Attorney General
Cordell Hull Building - 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

WILLIAM L. GIBBONS
District Attorney General

THOMAS D. HENDERSON
Assistant District Attorney General
201 Poplar Avenue, Ste. 301
Memphis, TN  38103-1947
                         
Judge:SMITH

First Paragraph:

Appellant was convicted upon pleas of guilty to four counts of forgery
and one count of theft of property under $500.00.  She was sentenced
to concurrent three-year sentences for the forgery convictions and a
concurrent eleven month, twenty-nine day sentence for the theft
offense.  On appeal Appellant complains that the trial court erred in
denying her probation or placement in a community corrections program.
 After a review of the record we conclude the judgment of the trial
court must be affirmed pursuant to Rule 20, Rules of the Court of
Criminal Appeals.

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

VINCENT HARRIS
vs.
STATE OF TENNESSEE

Court:TCCA
                         
Judge:SMITH

First Paragraph:

The petitioner in this case was originally convicted of aggravated
rape and sentenced to twenty years imprisonment.  This Court affirmed
the conviction and sentence on direct appeal.  State v. Vincent
Harris, No. 02C01-9110-CR-00219 (Tenn. Crim. App., June 17, 1992).  On
April 24, 1996, the petitioner filed a petition for post conviction
relief in the trial court challenging his conviction and sentence. 
The trial court dismissed the petition without a hearing on May 1,
1996.  The court concluded that the statute of limitations had
expired.  The petitioner did not file notice of appeal therefrom, but
instead, on December 20, 1996, filed a "motion from relief of judgment
or order" pursuant to Rule 60.02, Rules of Civil Procedure.  The
petitioner alleged that the trial court erroneously dismissed his
petition as being time-barred.  The trial court dismissed the motion,
stating that Rule 60.02 is not applicable to the petitioner's case. 
The petitioner timely filed a notice of appeal from that order, and
the case in now before this Court.

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

STATE OF TENNESSEE
vs.
COLLIER V. HARRIS

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

W. Mark Ward                        John Knox Walkup
Assistant Public Defender           Attorney General & Reporter
201 Poplar Avenue, Suite 2-01       500 Charlotte Avenue
Memphis, TN 38103                   Nashville, TN 37243-0497
(Appeal Only)
                                    Kenneth W. Rucker
Ronald S. Johnson                   Assistant Attorney General
Assistant Public Defender           450 James Robertson Parkway
201 Poplar Avenue, Suite 2-01       Nashville, TN 37243-0493
Memphis, TN 38103               
(Trial Only)                        William L. Gibbons
                                    District Attorney General
OF COUNSEL:                         201 Poplar Avenue, Suite 3-01
                                    Memphis, TN 38103
A C Wharton, Jr.
Chief Public Defender               Edgar A. Peterson, IV
201 Poplar Avenue, Suite 2-01       Asst District Attorney General
Memphis, TN 38103                   201 Poplar Avenue, Suite 3-01
                                    Memphis, TN 38103
                         
Judge:Jones

First Paragraph:

The appellant, Collier V. Harris (defendant), was convicted of rape, a
Class B felony, by a jury of his peers.  The trial court, finding the
defendant to be a multiple offender, imposed a Range II sentence
consisting of confinement for twenty (20) years in the Department of
Correction.  This sentence is to be served consecutively to a sentence
for felony murder in an unrelated case.  The defendant presents four
issues for review.  He contends the trial court committed error of
prejudicial dimensions by (a) ruling the state could impeach the
defendant with a prior conviction for first degree murder; (b)
allowing the state to introduce the testimony of two other women who
were also raped by the defendant; (c) instructing the jury it could
consider the two rapes to show intent, motive, guilt, and knowledge;
and (d) finding him to be a multiple offender and imposing a Range II
sentence.  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 defendant's conviction for
rape should be affirmed.  However, this cause is remanded to the trial
court for a new sentencing hearing for the reasons set forth in this
opinion.

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

MICHAEL S. HOLMES
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

A C Wharton, Jr.                    John Knox Walkup
Shelby County Public Defender       Attorney General & Reporter

Edward G. Thompson                  Kenneth W. Rucker
Assistant Public Defender           Assistant Attorney General
616 Adams Avenue                    Criminal Justice Division
Memphis, TN 38103                   450 James Robertson Parkway
                                    Nashville, TN 37243-4351

                                    William L. Gibbons
                                    District Attorney General

                                    Daniel Woody
                                    Asst District Attorney General
                                    Criminal Justice Complex, Ste 301
                                    201 Poplar Avenue
                                    Memphis, TN 38103
                                                  

Judge:SUMMERS

First Paragraph:

The Shelby County Criminal Court dismissed the appellant Michael S.
Holmes' petition for post-conviction relief and he appeals.  We
affirm.

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

STATE OF TENNESSEE
vs.
WILLIAM ROY HOPPER

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

D.D. MADDOX                     JOHN KNOX WALKUP 
MADDOX, MADDOX & MADDOX         Attorney General & Reporter
105 East Main Street
P.O. Box 430                    KENNETH W. RUCKER
Huntingdon, TN  38344           Assistant Attorney General
                                2nd Floor, Cordell Hull Bldg
                                425 Fifth Avenue North 
                                Nashville, TN  37243

                                G. ROBERT RADFORD
                                District Attorney General

                                TODD ALAN ROSE
                                Asst District Attorney General
                                111 Church Street
                                P.O. Box 686
                                Huntingdon, TN  38344                             

Judge:WOODALL

First Paragraph:

The Defendant, William Roy Hopper, appeals as of right from his
conviction of vehicular homicide following a jury trial in the Circuit
Court of Benton County.  Defendant raises five (5) issues in this
appeal:  (1) whether the trial court erred by denying his motion to
suppress the blood alcohol sample and test results from the sample
drawn at Benton County General Hospital; (2) whether the trial court
erred by denying his motion to suppress the blood alcohol sample and
test results from the sample taken at Vanderbilt University Medical
Center; (3) whether it was error for the trial court to allow the
prosecution to introduce evidence of the testing of a sample of blood
drawn at Vanderbilt University Medical Center from the Defendant
without consent and while he was unconscious; (4) whether his
constitutional rights were violated by the use of blood samples taken
while he was unconscious; and (5) whether a comment by the trial court
concerning the contractual status of Smith-Klien Beecham Laboratories
with the State of Tennessee was plain error.   We affirm the judgment
of the trial court.

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

STATE OF TENNESSEE
vs.
RICKY JACKSON

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

A C Wharton, Jr.                John Knox Walkup
Shelby County Public Defender   Attorney General & Reporter 

Edward G. Thompson              Sarah M. Branch
Assistant Public Defender       Counsel for the State
616 Adams Avenue                450 James Robertson Parkway
Memphis, TN 38103               Nashville, TN 37243

                                William L. Gibbons
                                District Attorney General

                                Lee Coffee
                                Asst District Attorney General
                                201 Poplar Avenue, Third Floor
                                Memphis, TN 38103
                         
Judge:SUMMERS

First Paragraph:

The appellant Ricky Jackson was convicted by a jury in the Shelby
County Criminal Court of aggravated rape and aggravated robbery.  The
trial court denied the appellant's motion for a new trial.  On appeal,
the appellant raises the sole issue of whether the evidence is
sufficient to support the jury's verdict.  After reviewing the record,
we find that the evidence is sufficient and affirm the appellant's
convictions.

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

STATE OF TENNESSEE
vs.
TORRANCE JOHNSON

Court:TCCA

Attorneys:

FOR THE APPELLANT:

A.C. WHARTON, JR. (Of Counsel)
Shelby County Public Defender

RONALD S. JOHNSON (Trial)
Assistant Public Defender
201 Poplar Avenue, Suite 201
Memphis, TN  38103-1947

EDWARD G. THOMPSON (Appeal)
Assistant Public Defender
212 Adams Avenue
Memphis, TN  38103
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

KENNETH W. RUCKER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

WILLIAM L. GIBBONS
District Attorney General

PHILLIP GERALD HARRIS
TERRELL L. HARRIS
DAVID C. HENRY
Asst. District Attorneys General
201 Poplar Avenue, Suite 301
Memphis, TN  38103-1947                          

Judge:RILEY

First Paragraph:

The defendant, Torrance Johnson, appeals as of right his conviction
for aggravated robbery.  He was sentenced as a Range I, Standard
Offender, to twelve (12) years incarceration.

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

STATE OF TENNESSEE
vs.
WILBUR A. KERNEY, AKA       
WILBUR ALLEN MINOR

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

Pamela J. Drewery               John Knox Walkup
Attorney at Law                 Attorney General & Reporter
1008 West Forrest               500 Charlotte Avenue
Jackson, TN 38301               Nashville, TN 37243-0497

                                Sarah M. Branch
                                Counsel for the State
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                Thomas A. Thomas
                                District Attorney General
                                P.O. Box 218
                                Union City, TN 38225
                          

Judge:Jones

First Paragraph:

The appellant, Wilbur A. Kerney, also known as Wilbur Allen Minor
(defendant), appeals as of right from a judgment of the trial court
summarily denying his motion for a reduction or modification of his
sentence pursuant to Rule 35, Tennessee Rules of Criminal Procedure. 
In this court, the defendant presents three issues for review.  He
contends (1) the affidavit of complaint was fatally defective, (2) his
sentence is subject to reduction or modification, and (3) the trial
court erred in refusing to grant him a hearing on his motion to stay,
vacate, and remand the bind-over order.  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 pursuant to Rule
20, Rules of Tennessee Court of Criminal Appeals.

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

STATE OF TENNESSEE
vs.
BRIAN CHRISTIAN LAUTENSCHLAGER

Court:TCCA

Attorneys:

FOR THE APPELLANT:

RICHARD H. WALKER 
19 Natchez Trace Drive
P. O. Box 530
Lexington, TN  38351-0530
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

DEBORAH A. TULLIS
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

G. ROBERT RADFORD
District Attorney General

JERRY W. WALLACE
Assistant District Attorney General
P. O. Box 637 
Parsons, TN  38363-0637                          

Judge:RILEY

First Paragraph:

Defendant, Brian Christian Lautenschlager, filed this direct appeal as
a result of his convictions by a Decatur County jury of the offenses
of aggravated robbery and attempted first degree murder.  He was
sentenced to thirty (30) years as a Career Offender for the Class B
offense of aggravated robbery and sixty (60) years as a Career
Offender for the Class A offense of attempted first degree murder with
the sentences to run consecutively.

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

STATE OF TENNESSEE
vs.
QUENTIN LEWIS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:

A.C. WHARTON, JR. (Of Counsel)
Shelby County Public Defender

TONY N. BRAYTON (On Appeal)
JUANITA PEYTON (At Trial)
Assistant Public Defenders
201 Poplar Avenue, Suite 201
Memphis, TN  38103-1947
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

CLINTON J. MORGAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

WILLIAM L. GIBBONS
District Attorney General

LEE V. COFFEE
Assistant District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN  38103-1947                         

Judge:RILEY

First Paragraph:

The defendant, Quentin Lewis, was convicted by a Shelby County jury of
aggravated robbery.  He was sentenced as a Career Offender to thirty
(30) years incarceration.  On appeal, he challenges the sufficiency of
the convicting evidence.  After a thorough review of the record, we
affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
THOMAS BURLENE LOWERY, JR.

Court:TCCA

Attorneys:

FOR THE APPELLANT:

VICKI H. HOOVER
123 North Poplar Street
Paris, Tennessee 38242

FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

SARAH M. BRANCH
Assistant Attorney General
Cordell Hull Building - 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

G. ROBERT RADFORD
District Attorney General

VICKI S. SNYDER
Assistant District Attorney General
111 Church St., P. O. Box 686 
Huntingdon, TN  38344-0686
                          
Judge:RILEY

First Paragraph:

The appellant, Thomas Burlene Lowery, Jr., appeals from the sentence
imposed upon a jury verdict of driving under the influence, third
offense, entered by the Circuit Court of Henry County.  The appellant
contends the trial court erred in imposing an excessive sentence and
denying probation.   We affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
CYNTHIA LYNN MANCELL

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

G. Stephen Davis                    John Knox Walkup
District Public Defender            Attorney General & Reporter
208 North Mill Avenue               500 Charlotte Avenue
Dyersburg, TN 38025-0742            Nashville, TN 37243-0497

                                    Janis L. Turner
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    C. Phillip Bivens
                                    District Attorney General
                                    P.O. Box Drawer E
                                    Dyersburg, TN 38024
                          
Judge:Jones

First Paragraph:

The appellant, Cynthia Lynn Mancell (defendant), was convicted of
possessing marijuana over .5 ounces with intent to sell, a Class E
felony, following her plea to the offense.  There was no plea
agreement regarding punishment.  The trial court conducted a
sentencing hearing, found the defendant to be a standard offender, and
sentenced the defendant to serve ninety (90) days in the Dyer County
Jail and serve two (2) years pursuant to the Community Corrections
Act.  Tenn. Code Ann. S 40-36 101, et. seq.  In this court, the
defendant contends her sentence is excessive.  She argues the trial
court should have permitted her to serve the entire sentence pursuant
to the Community Corrections Act.  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/mancelcl_opn.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
TIMOTHY S. MANESS

Court:TCCA

Attorneys: 

For the Appellant:              For the Appellee:

Howard F. Douglass              Charles W. Burson
P. O. Box 39                    Attorney General and Reporter
Lexington, TN  38351    
                                Georgia Blythe Felner
                                Assistant Attorney General                              
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                        
                                G. Robert Radford
                                District Attorney General

                                Jerry Wallace
                                Asst. District Attorney General
                                P. O. Box 686
                                Huntingdon, TN  38344
                         
Judge:Hayes

First Paragraph:

The appellant, Timothy S. Maness, appeals as of right, the imposition
of sentences of confinement for the crimes of vehicular homicide and
vehicular assault.  On appeal, the appellant contends that the trial
court erred in denying a non-incarcerative alternative sentence of
either probation or a Community Corrections sentence.

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

STATE OF TENNESSEE
vs.
MAURICE MANLEY

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

C. Michael Robbins              John Knox Walkup
Attorney at Law                 Attorney General & Reporter
202 South Maple, Suite C        500 Charlotte Avenue
Covington, TN 38019             Nashville, TN 37243-0497
(Appeal Only)
                                Georgia B. Felner
Vanessa King                    Counsel for the State
Assistant Public Defender       450 James Robertson Parkway
227 Baltimore Street, West      Nashville, TN 37243-0493
Jackson, TN 38301
(Trial Only)                    James G. Woodall
                                District Attorney General
OF COUNSEL:                     P.O. Box 2825
                                Jackson, TN 38302
George Morton Googe
District Public Defender        Donald H. Allen
227 Baltimore Street, West      Asst District Attorney General
Jackson, TN 38301               P.O. Box 2825
                                Jackson, TN 38302
                          

Judge:Jones

First Paragraph:

The appellant, Maurice Manley (defendant), appeals as of right from a
judgment of the trial court revoking his intensive probation.  The
trial court found the defendant violated his probation by failing to
report to his probation officer, changing his address without the
consent of the probation officer, failing to appear for the requisite
random drug screens, failing to be at home when the probation officer
made custody (curfew) checks, failing to enter into an alcohol
treatment and counseling program, and failing to pay the probation
fees, court costs, and restitution.  In this court, the defendant
presents one issue for review: "Did the trial court err in ordering
the defendant incarcerated for service of the remainder of his
sentence?"

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

STATE OF TENNESSEE
vs.
DEWAYNE MOORE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:


JOHN KNOX WALKUP                    JAMES D. GASS
Attorney General & Reporter         P.O. Box 7624
                                    Jackson, TN   38308
KENNETH W. RUCKER                           
Asst. Attorney General
Cordell Hull Bldg., 2nd Fl.
425 5th Ave. N.
Nashville, TN  37243-0493
                
JERRY WOODALL
District Attorney General

AL EARLS
SHAUN A. BROWN
Asst. District Attorneys General
Lowell Thomas State Office Bldg.
Jackson, TN   38301         
                          
Judge:PEAY

First Paragraph:

The defendant was indicted for two weapons violations, possession of
drug paraphernalia, and driving without a license.  He filed a motion
to suppress as evidence "all drugs and drug paraphernalia, and
firearms, which were taken from the vehicle [he] was driving at the
time of his arrest."  After a hearing, the court below granted the
defendant's motion.  The State filed this interlocutory appeal,
contesting the trial court's ruling.  We affirm.

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

STATE OF TENNESSEE
vs.
NOAH GENE NOBLE

Court:TCCA

Attorneys:

FOR THE APPELLANT:

GUY T. WILKINSON
District Public Defender

BILLY ROE (at trial)
Assistant Public Defender
P.O. Box 663
Camden, TN 38320

RAYMOND L. IVEY (on appeal)
Ivey, Parish, & Johns
P.O. Box 229
Huntingdon, TN 38344

FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

GEORGIA BLYTHE FELNER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

G. ROBERT RADFORD
District Attorney General

ELEANOR CAHILL
Assistant District Attorney General
P.O. Box 686
Huntingdon, TN 38344                          

Judge:RILEY

First Paragraph:

The appellant, Noah Gene Noble, appeals the sentences imposed by the
Circuit Court of Carroll County following his guilty plea to the
following: Count 1:  driving on a revoked license; Count 2:  evading
arrest; Count 3:  failure to appear on counts 1 and 2; Count 4:
aggravated burglary; and Count 5:  failure to appear on count 4.  The
trial court ordered him to serve an effective sentence of almost
fourteen (14) years.  The appellant contends the sentences are
excessive.  The judgment of the trial court is affirmed.

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

PERVIS TYRONE PAYNE
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

Burch, Porter & Johnson         John Knox Walkup
J. Brook Lathram                Attorney General and Reporter
Les Jones   
R. Porter Feild                 Amy L. Tarkington
130 N. Court Avenue             Assistant Attorney General      
Memphis, TN  38103              Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                        
                                William Gibbons
                                District Attorney General

                                Thomas D. Henderson and
                                Reginald Henderson
                                Asst. District Attys General
                                Criminal Justice Complex, Ste 301
                                201 Poplar Street
                                Memphis, TN  38103
                          
Judge:Hayes

First Paragraph:

In this capital case, the appellant, Pervis Tyrone Payne, appeals as
of right the judgment of the Criminal Court of Shelby County denying
his consolidated petitions for post-conviction relief and writ of
error coram nobis.  In 1988, the appellant was convicted of two counts
of first degree murder and one count of assault with intent to commit
first degree murder, resulting in the imposition of two sentences of
death and a sentence of thirty years imprisonment.  The appellant's
convictions and sentences were affirmed on direct appeal by both the
Tennessee Supreme Court and the United States Supreme Court.   See
State v. Payne, 791 S.W.2d 10 (Tenn. 1990), judgment affirmed by, 501
U.S. 808, 111 S.Ct. 2597 (1991).

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

STATE OF TENNESSEE
vs.
SAMUEL D. PERRY

Court:TCCA

Attorneys:

For Appellant:                      For Appellee:

Edward G. Thompson                  John Knox Walkup
Assistant Public Defender           Attorney General and Reporter
212 Adams Avenue            
Memphis, TN  38103                  Kenneth W. Rucker
(on appeal)                         Assistant Attorney General
                                    450 James Robertson Parkway
Teresa Jones                        Nashville, TN  37243-4351
Assistant Public Defender
201 Poplar Avenue, Second Fl.       Charles Bell 
Memphis, TN  38103                  Asst. District Attorney General 
(at trial)                          201 Poplar Avenue, Third Floor
                                    Memphis, TN  38103
Of Counsel:

A.C. Wharton, Jr.
Shelby County Public Defender
                          
Judge:WADE

First Paragraph:

The defendant, Samuel D. Perry, was convicted of simple robbery.  The
trial court imposed a three-year sentence to be served in the Shelby
County Correctional Center.  In this appeal of right, the defendant
challenges the sufficiency of the evidence and complains that the
trial court should have granted an alternative sentence.

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

STATE OF TENNESSEE
vs.
JASON PICKENS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:

STEPHANIE PRENTIS (Sentencing
615 Court Street             Hearing)
Savannah, TN  38372

W. LEE LACKEY (On Appeal)
507 Water Street
Savannah, TN  38372


FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

CLINTON J. MORGAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

G. ROBERT RADFORD
District Attorney General

JOHN OVERTON
Assistant District Attorney General
P. O. Box 484
Savannah, TN  38372-0484                         

Judge:RILEY

First Paragraph:

The defendant, Jason Pickens, entered a plea of guilty to the offense
of selling marijuana over one-half ounce, a Class E felony.  He
received an agreed sentence of 18 months as a Standard Offender with
the issue of alternative sentencing reserved for judicial
determination.  The sole issue presented in this appeal is whether the
trial court erred in denying alternative sentencing.  We AFFIRM  the
sentence of the trial court pursuant to Rule 20 of the Tennessee Court
of Criminal Appeals.

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

E. L. (ELDRED) REID
vs.
GOV. DON SUNDQUIST,     
COMM. DONAL[D] CAMPBELL,    
and WARDEN FRED RANEY

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:


E. L. (ELDRED) REID, pro se         JOHN KNOX WALKUP
# 203343 NWCC                       Attorney General & Reporter
Rt. 1, Box 660
Tiptonville, TN   38079             KENNETH W. RUCKER
                                    Asst. Attorney General
                                    450 James Robertson Pkwy.                               Nashville, TN  37243-4351
                
                                    C. PHILLIP BIVENS
                                    District Attorney General
                                    P.O. Drawer E
                                    Dyersburg, TN   38024
                        
                                     
Judge:PEAY

First Paragraph:

The petitioner filed his petition for writ of habeas corpus on July 9,
1996.  He is currently incarcerated on a nine year sentence for rape. 
The court below summarily dismissed the petition.  We affirm.  Prior
to filing this petition, the petitioner pursued a direct appeal of his
conviction in this Court,  where it was affirmed.  See State v. Eldred
Reid, No. 01C01-9511-CC-00390, Rutherford County (Tenn. Crim. App.
filed June 6, 1997, at Nashville).  His Rule 11 application from that
decision to our Supreme Court is currently pending.  Petitions for
habeas corpus and/or post conviction relief cannot be maintained while
a direct appeal is pending.  See Hankins v. State, 512 S.W.2d 591, 592
(Tenn. Crim. App. 1974).  Accordingly, the judgment below is affirmed.

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

STATE OF TENNESSEE
vs.
CYNTHIA ROBERSON and,   
RHODNEY ROBERSON

Court:TCCA
                          
Judge:HAYES

First Paragraph:

I agree with the majority that Cynthia Roberson's conviction for
aggravated assault must be reversed.  I write separately only to note
additional reasons for so concluding.

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

STATE OF TENNESSEE
vs.
JACQUES SHERRON

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

Charles S. Kelly                John Knox Walkup
802 Troy Avenue                 Attorney General & Reporter 
P.O. Box 802
Dyersburg, TN 38025-0507        Elizabeth T. Ryan
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493
    
                                Clayburn L. Peeples 
                                District Attorney General 

                                Larry Hardister
                                Asst District Attorney General
                                110 S. College Street
                                Trenton, TN 38382
                                  
Judge:SUMMERS

First Paragraph:

The appellant, Jacques Sherron, was indicted for possession of over .5
grams of cocaine with intent to sell or deliver, possession of
marijuana, and evading arrest.  He filed a motion to suppress the
evidence seized from his house alleging that the warrant authorizing
the search was insufficient upon its face.  The trial court overruled
the motion.  The appellant pled guilty to possession with the intent
to sell over .5 grams of cocaine, reserving the right to appeal a
certified question of law regarding the validity of the search
warrant.  Upon review, we affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
JOSEPH TIPLER

Court:TCCA

Attorneys:

or the Appellant:               For the Appellee:

Walker Gwinn                    Charles W. Burson
Asst. Public Defender           Attorney General and Reporter
201 Poplar - Suite 2-01 
Memphis, TN  38103              Deborah A. Tullis
                                Assistant Attorney General                              
                                Criminal Justice Division
A. C. Wharton                   450 James Robertson Parkway
District Public Defender        Nashville, TN 37243-0493                
                        
                                William Gibbons
                                District Attorney General

                                Reginald Henderson
                                Asst. District Attorney General
                                Criminal Justice Complex
                                Suite 301
                                Memphis, TN  38103
                          
Judge:Hayes

First Paragraph:

The appellant, Joseph Tipler, was convicted by a Shelby County jury of
two counts of aggravated kidnapping, two counts of aggravated assault,
one count of assault, and one count of aggravated burglary.  At the
sentencing hearing, the trial court imposed an effective sentence of
twenty years imprisonment in the Department of Correction.    In the
sole issue presented for our review, the appellant contends that the
kidnappings were merely incidental to the aggravated assaults of the
victims, and, therefore, his convictions for these offenses violate
his constitutional guarantee of due process.

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

CLARENCE WASHINGTON
vs.
JIMMY HARRISON, WARDEN

Court:TCCA

Attorneys: 

FOR THE APPELLANT:

CLARENCE WASHINGTON, pro se
Number 97682
Cold Creek Correctional Facility
P.O. Box 1000
Henning, TN 38041-1000
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

KENNETH W. RUCKER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

ELIZABETH T. RICE
District Attorney General
302 Market Street
Somerville, TN 38068
                         
Judge:RILEY

First Paragraph:

The appellant, Clarence Washington, appeals as of right from an order
entered in the Circuit Court of Lauderdale County denying his petition
for writ of habeas corpus.  The judgment of the trial court is
affirmed.

URL:http://www.tba.org/tba_files/TCCA/washingc_op2.WP6
Opinion-Flash

CLARENCE WASHINGTON
vs.
JIMMY HARRISON, WARDEN

Court:TCCA

Attorneys: 

FOR THE APPELLANT:

CLARENCE WASHINGTON, pro se
Number 97682
Cold Creek Correctional Facility
P.O. Box 1000
Henning, TN 38041-1000
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

KENNETH W. RUCKER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

ELIZABETH T. RICE
District Attorney General
302 Market Street
Somerville, TN 38068
                         
Judge:RILEY

First Paragraph:

The appellant, Clarence Washington, appeals as of right from an order
entered in the Circuit Court of Lauderdale County denying his petition
for writ of habeas corpus.  The judgment of the trial court is
affirmed.

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

STATE OF TENNESSEE
vs.
BOBBIE JEAN WEATHERS

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

Clifford K. McGowan, Jr.            John Knox Walkup
Attorney at Law                     Attorney General and Reporter
113 North Court Square  
P. O. Box 26                        Elizabeth T. Ryan
Waverly, TN  37185                  Assistant Attorney General                              
                                    Criminal Justice Division
(On Appeal)                         450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
George Morton Googe                     
District Public Defender            James G. (Jerry) Woodall        
227 West Baltimore Street           District Attorney General
Jackson, Tn  38301
                        
(At Trial and of Counsel            Donald H. Allen
 on Appeal)                         Asst. District Atty General
                                    P. O. Box 2825
                                    Jackson, TN  38301
                        
Judge:Hayes

First Paragraph:


The appellant, Bobbie Jean Weathers, appeals as of right the judgment
of the Henderson County Circuit Court revoking her Community
Correction sentences.  Prior to her revocation, the appellant was
serving an effective fifteen year Community Corrections sentence
resulting from ten felony convictions.  Finding the alleged violations
supported by the proof, the trial court revoked the appellant's
Community Corrections sentences and ordered that the balance of her
sentences be served in the Department of Correction.  The appellant
appeals this ruling, contending that, rather than a penitentiary
sentence of total confinement, she should have received an alternative
sentence which would have permitted her to remain in the community.

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

STATE OF TENNESSEE
vs.
GEORGE E. WOODS

Court:TCCA

Judge:SMITH

First Paragraph:

Appellant was convicted upon pleas of guilty to driving on a revoked
license and speeding.  He was tried by a jury and acquitted of charges
that he possessed over .5 grams of cocaine.  For the driving on a
revoked license conviction, Appellant was sentenced to three months
incarceration in the county jail with 75% service required; he was
also fined $50.  Appellant was also fined $25 for speeding.  On appeal
Appellant contends the trial court erred in denying him probation or
allowing him to serve his sentence on house arrest.  After a review of
the record we are of the opinion that the judgment of the trial court
should be affirmed pursuant to Rule 20, Rules of the Court of Criminal
Appeals.

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

RICHARD LEE YOUNG
vs. 
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:

RICHARD LEE YOUNG, pro se
Register Number 101867
Cold Creek Correctional Facility
P.O. Box 1000
Henning, TN 38041-1000      

FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

SARAH M. BRANCH
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

WILLIAM L. GIBBONS
District Attorney General

RHEA CLIFT
Assistant District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN 38103-1947
                         
Judge:RILEY

First Paragraph:

The petitioner, Richard Lee Young, appeals the order of the Criminal
Court of Shelby County dismissing his petition for post-conviction
relief.  Petitioner alleged that his indictment for first degree
murder was void for failure to state the appropriate mens rea. The
trial court dismissed the petition without an evidentiary hearing
finding the petition was barred by the statute of limitations.  The
judgment of the trial court is affirmed.

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

STATE OF TENNESSEE
vs.
ROBERT ZANDI

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

Richard W. DeBerry                  John Knox Walkup
Asst. District Public Defender      Attorney General and Reporter
P. O. Box 663   
Camden, TN  38320                   Janis L. Turner
                                    Assistant Attorney General                              
                                    Criminal Justice Division
Guy T. Wilkinson                    450 James Robertson Parkway
District Public Defender            Nashville, TN 37243-0493                
                        
                                    G. Robert Radford
                                    District Attorney General

                                    John Overton
                                    Asst. District Attorney General
                                    Hardin County Courthouse
                                    Savannah, TN  38372
                         
Judge:Hayes

First Paragraph:

The appellant, Robert Zandi, appeals his conviction for second degree
murder following a jury trial in the Hardin County Circuit Court.  On
appeal, he contends that the evidence was insufficient to convict him
of this offense.

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

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