TBALink Opinion-Flash

February 4, 1998 -- Volume #4 -- Number #022

Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.

This Issue (IN THIS ORDER): 00-New Opinons From TSC 00-New Opinons From TSC-Rules 00-New Opinons From TSC-Workers Comp Panel 00-New Opinons From TCA 04-New Opinons From TCCA: 00-New Opinons From TSC; 00-New Opinons From TSC-Rules; 00-New Opinons From TSC-Workers Comp Panel; 00-New Opinons From TCA; 04-New Opinons From TCCA

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George Dean
TBALink Chief Editor


STATE OF TENNESSEE
vs.
JAMES A. DANIEL

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

CHARLES B. HILL             JOHN KNOX WALKUP 
P.O. Box 852                Attorney General & Reporter
Kingston, TN  37763
                            SANDY C. PATRICK 
                            Assistant Attorney General
                            2nd Floor, Cordell Hull Building
                            425 Fifth Avenue North 
                            Nashville, TN  37243

                            CHARLES E. HAWK
                            District Attorney General

                            DENNIS W. HUMPHREY
                            Asst District Attorney General
                            P.O. Box 703 
                            Kingston, TN  37763 
                         

Judge:WOODALL

First Paragraph:

The Defendant, James A. Daniel, was convicted of DUI first offense
following a jury trial in the Criminal Court of Roane County.  In his
appeal as of right, Defendant presents three issues: (1) the evidence
was insufficient to support a conviction for DUI; (2) his right to due
process was violated when police officers failed to obtain a blood
alcohol test of Defendant at a time when he was incapable of
submitting to a breathalyzer test and had not refused to take a test
to determine his blood alcohol content; and (3) the trial court erred
by not dismissing the indictment because it was filed after expiration
of the statute of limitations.  After a full review of the issues
presented, we affirm the judgment of the trial court.

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


GEORGE F. JONES, JR.
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

GEORGE F. JONES, JR., pro se    JOHN KNOX WALKUP 
#163274 NECC                    Attorney General & Reporter
P.O. Box 5000 
Mountain City, TN  37683-5000   SANDY COPOUS PATRICK 
                                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 Petitioner, George F. Jones, Jr., appeals as of right the trial
court's dismissal of his petition for writ of habeas corpus relief. 
We affirm the judgment of the trial court.

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


STATE OF TENNESSEE
vs.
SAMUEL McKHEEN

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

HUBERT D. PATTY             JOHN KNOX WALKUP 
Patty Office Building       Attorney General & Reporter
131 East Broadway 
P.O. Box 5449               TIMOTHY F. BEHAN 
Maryville, TN  37802        Assistant Attorney General
                            2nd Floor, Cordell Hull Bldg
                            425 Fifth Avenue North 
                            Nashville, TN  37243

                            JERRY N. ESTES 
                            District Attorney General 

                            AMY REEDY 
                            Asst District Attorney General
                            Washington Avenue 
                            P.O. Box 647 
                            Athens, TN  37303
                          
Judge:WOODALL

First Paragraph:

The Defendant, Samuel McKheen, appeals as of right following a jury
trial in the Criminal Court for McMinn County.  Defendant was
convicted of aggravated assault and was sentenced to four (4) years in
the Department of Correction.

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


STATE OF TENNESSEE
vs.
JOSEPH PENDERGRASS

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

EDWARD C. MILLER            JOHN KNOX WALKUP
Public Defender             Attorney General and Reporter
Fourth Judicial District
P.O. Box 416                MICHAEL J. FAHEY, II
Dandridge, TN 37725         Assistant Attorney General
                            425 5th Avenue North
                            Nashville, TN 37243-0490

                            AL SCHMUTZER, JR.
                            District Attorney General

                            MIKE GALLEGOS
                            Asst District Attorney General
                            Sevier County Courthouse
                            Sevierville, TN 37862
                          
Judge:WELLES

First Paragraph:

This appeal attempts to present certified questions of law pursuant to
Rule 3(b) of the Tennessee Rules of Appellate Procedure and Rule
37(b)(2) of the Tennessee Rules of Criminal Procedure.  The certified
questions primarily involve the legality of a stop of a motor vehicle
and a subsequent search and seizure resulting therefrom.  Because we
conclude that this matter is not properly before us, we dismiss this
appeal.

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

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