TBALink Opinion-Flash

February 12, 1998 -- Volume #4 -- Number #028

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
01-New Opinons From TCA
14-New Opinons From TCCA

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George Dean
TBALink Chief Editor


CHERI OWINGS TUNCAY
vs.
ENGIN HALIF TUNCAY

Court:TCA

Attorneys:

James D. Causey and Jean
    Defendant-Appellee.         
    
E. Markowitz of Memphis                                                                             
    For Appellant

Michael C. Williams;
Evans & Petree
of Memphis, For Appellee

Judge:CRAWFORD

First Paragraph:

This is a divorce case.  Plaintiff-appellant Cheri Owens Tuncay was
granted a divorce on the ground of inappropriate marital conduct. 
Mrs. Tuncay appeals the trial court's division of the marital debts as
well as the court's failure to award her alimony beyond $5,000 in
attorney fees.

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

STATE OF TENNESSEE
vs.
ROGER DAVID BROWDER

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

RICHARD W. DeBERRY                  JOHN KNOX WALKUP
Asst. District Public Defender      Attorney General & Reporter
P.O. Box 663 
Camden, TN                          DEBORAH A. TULLIS
                                    Assistant Attorney General
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493    

                                    G. ROBERT RADFORD
                                    District Attorney General
                                    P.O. Box 686
                                    Huntingdon, TN 38344

                                    JOHN OVERTON                                    
                                    Asst District Attorney General
                                    P.O. Box  484
                                    Savannah, TN 38372
                          

Judge:WITT

First Paragraph:

The defendant, Roger David Browder, appeals pursuant to Rule 3 of the
Tennessee Rules of Appellate Procedure from his judgment of conviction
in the Circuit Court of Hardin County for driving under the influence
and driving on a revoked license, Class A and Class B misdemeanors.   
The trial court sentenced him to concurrent sentences of eleven months
and twenty-nine days in the county jail for driving under the
influence and 180 days for driving on a revoked license.  The court
suspended all but sixty days of his sentence and ordered the defendant
to serve the sentences consecutively to the sentence in an arson
conviction.   In this appeal, the defendant contends that his
convictions were obtained in violation of his right to a speedy trial
and that the evidence is insufficient to sustain the convictions.

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

STATE OF TENNESSEE
vs.
TIMOTHY LERON BROWN

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

Roger K. Smith                  John Knox Walkup 
104 Woodmont Blvd., Ste 115     Attorney General of Tennessee
Nashville, TN 37205             and
                                Lisa A. Naylor
                                Asst Attorney General of TN                 
                                450 James Robertson Parkway     
                                Nashville, TN 37243-0493

                                Victor S. Johnson, III
                                District Attorney General
                                and
                                Katie Miller
                                Asst District Attorney General
                                Washington Square
                                222 2nd Avenue North
                                Nashville, TN 37201-1649
                          
Judge:Tipton

First Paragraph:

The defendant, Timothy Leron Brown, was convicted in 1993 upon pleas
of guilty to one count of selling more than .5 grams of cocaine and
two counts of selling more than twenty-six grams of cocaine, all Class
B felonies.  As a Range II, multiple offender, he received one
twenty-year sentence and two fifteen-year sentences, with one of the
fifteen-year sentences to be served consecutively to the twenty-year
sentence for an effective sentence of thirty-five years.  The
defendant filed a post conviction petition challenging his
convictions, which resulted in the present delayed appeal.  See
Timothy Brown v. State, 01C01-9507-CR-00216, Davidson County (Tenn.
Crim. App. July 26, 1996).  In this appeal as of right, the defendant
challenges the length and consecutive nature of his sentences.

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

STATE OF TENNESSEE
vs.
DONNIE RAY CARTER

Court:TCCA

Attorneys: 

FOR THE APPELLANT:

GUY T. WILKINSON
District Public Defender

RICHARD W. DeBERRY
Assistant Public Defender
117 North Forrest Ave.
P. O. Box 663
Camden, TN  38320-0663
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, Donnie Ray Carter, pled guilty in the Circuit Court of
Hardin County to the offense of aggravated assault and received a
sentence of five (5) years.  The sole issue in this appeal is whether
the trial court erred in determining the length of the sentence. 
Finding no error, we  AFFIRM  the judgment of the trial court.

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

JAMES WILLARD CROOM
vs.
BILLY COMPTON, WARDEN

Court:TCCA

Attorneys: 

FOR THE APPELLANT:

JAMES WILLARD CROOM (Pro Se)
#235162
L. C. R. C. F.
Route 1, Box 330
Tiptonville, TN  38079 

FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

ELIZABETH T. RYAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

C. PHILLIP BIVENS
District Attorney General
P. O. Drawer E
Dyersburg, TN 38025-2005
                         
Judge:RILEY

First Paragraph:

Petitioner, James Willard Croom, sought habeas corpus relief in the
Circuit Court of Lake County alleging that his drug indictment was
fatally insufficient for failure to state the appropriate mens rea.
Pursuant to Rule 20, Tennessee Court of Criminal Appeals, we  AFFIRM 
the trial court's dismissal of the petition.

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

EDDIE E. GLENN
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

EDDIE GLENN, Pro Se             JOHN KNOX WALKUP
Route 4, Box 600                Attorney General and Reporter
Pikeville, TN 37367-9243
                                CLINTON J. MORGAN
                                Assistant Attorney General
                                425 5th Avenue North
                                Nashville, TN 37243

                                WILLIAM PAUL PHILLIPS
                                District Attorney General

                                CLIFTON S. SEXTON
                                Asst District Attorney General
                                P.O. Box 10
                                Huntsville, TN 37756
                          
Judge: WELLES

First Paragraph:

The Petitioner, Eddie E. Glenn, appeals the trial court's denial of
his petition for post-conviction relief.  In this appeal, he argues
that the trial court failed to word its order of dismissal adequately
and urges this Court to remand to the trial court to evaluate his
claim of ineffective assistance of counsel fully.

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

STATE OF TENNESSEE
vs.
LARRY A. HOLBROOKS

Court:TCCA

Attorneys:

FOR THE APPELLANT:           FOR THE APPELLEE:


DWIGHT E. SCOTT             JOHN KNOX WALKUP         
4024 Colorado Ave.          Attorney General & Reporter
Nashville, TN 37209
                            LISA A. NAYLOR
                            Asst. Attorney General
                            450 James Robertson Pkwy.                               
                            Nashville, TN  37243-0493
                
                            VICTOR S. JOHNSON, III
                            District Attorney General

                            JOHN ZIMMERMANN
                            Asst. District Attorney General
                            Washington Square, Suite 500
                            222 Second Ave., North
                            Nashville, TN 37201                          

Judge:PEAY

First Paragraph:

The defendant was indicted in April 1995 on charges of possession with
intent to sell more than twenty-six grams of cocaine, criminal
trespass, and evading arrest.  After a trial, a jury convicted him of
the possession charge and the evading arrest charge.  The defendant
was sentenced to eight years in the Tennessee Department of Correction
for the possession conviction and was sentenced to a concurrent
sentence of eleven months and twenty-nine days for the evading arrest
conviction.  In this appeal as of right, the defendant contends that
the evidence was insufficient to convict him of either offense and
that the trial court erred when it refused to grant his motion to
suppress the physical evidence in the case.  After a review of the
record and applicable law, we find that the motion to dismiss was
properly denied and that the evidence sufficiently supported his
conviction for possession with intent to sell more than twenty-six
grams of cocaine.  However, we reverse and dismiss the defendant's
conviction for evading arrest.

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

STATE OF TENNESSEE
vs.
JAMES RONALD JONES

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

JAMES RONALD JONES, pro se      JOHN KNOX WALKUP 
11024-074, Shelby Unit          Attorney General & Reporter
P.O. Box 34550 
Memphis, TN  38184-0550         ELIZABETH B. MARNEY
                                Assistant Attorney General
                                2nd Floor, Cordell Hull Bldg
                                425 Fifth Avenue North 
                                Nashville, TN  37243

                                WILLIAM M. LOCKE 
                                District Attorney General 
                                111 Professional Building   
                                McMinnville, TN  37110  
                          
Judge:WOODALL

First Paragraph:

The Petitioner, James Ronald Jones, appeals the order of the Van Buren
Circuit Court dismissing his pro se petition for post-conviction
relief.  The trial court found that the petition was filed outside the
statute of limitations.  We affirm the judgment of the trial court.

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

STEVE KOPROWSKI
vs.
STATE OF TENNESSEE

Court:TCCA
                        
Judge:PEAY

First Paragraph:

This matter is before the Court upon the state's motion to affirm the
judgment of the trial court pursuant to Rule 20, Rules of the Court of
Criminal Appeals.  The petitioner is appealing the trial court's
denial of his petition for post-conviction relief as time-barred by
the statute of limitations.

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

STATE OF TENNESSEE
vs.
JUDY C. LEATH

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

B.F. (Jack) Lowery              John Knox Walkup
Lowery Building                 Attorney General and Reporter
Public Square                           
Lebanon, TN 37087               Michael J. Fahey, II            
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                Tom P. Thompson, Jr.
                                District Attorney General

                                John D. Wooten, Jr.
                                Assistant District Attorney
                                203 Greentop Street
                                Hartsville, TN 37074                          

Judge:Barker

First Paragraph:

The appellant, Judy C. Leath, appeals as of right her convictions in
the Macon County Circuit Court of two counts of rape of a child, two
counts of aggravated sexual battery and two counts of child abuse. 
Appellant's convictions were based upon jury verdicts finding her
criminally responsible for the actions of her husband.  She was
sentenced to twenty (20) years for each count of rape of a child, ten
(10) years for each count of aggravated sexual battery, and eleven
(11) months, twenty-nine (29) days for the misdemeanor child abuse
convictions.  The felony sentences were ordered to run consecutively
for an effective sentence of sixty (60) years.

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

STATE OF TENNESSEE
vs.                 
CHRISTOPHER L. PARKER

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

F. MICHIE GIBSON, JR.           JOHN KNOX WALKUP 
1416 Parkway Towers             Attorney General & Reporter
404 James Robertson Parkway
Nashville, TN  37219            DARYL J. BRAND 
                                Assistant Attorney General
                                2nd Floor, Cordell Hull Building
                                425 Fifth Avenue North 
                                Nashville, TN  37243

                                VICTOR S. JOHNSON, III
                                District Attorney General 

                                PAMELA ANDERSON
                                Asst District Attorney General
                                200 Washington Square, Suite 500
                                222 Second Avenue North
                                Nashville, TN  37201-1649
                          

Judge:WOODALL

First Paragraph:

The Defendant, Christopher L. Parker, appeals as of right his
conviction following a jury trial in the Davidson County Criminal
Court.  Defendant was convicted of aggravated assault by reckless
conduct, a Class D felony.  In the indictment, Defendant was charged
with aggravated assault by intentional or knowing conduct, a Class C
felony.  Following the proof at trial, the trial court instructed the
jury on the lesser grade offense of aggravated assault by reckless
conduct, and the jury convicted Defendant of the Class D felony.  On
appeal, the Defendant (1) challenges the sufficiency of the evidence
to sustain the conviction and (2) argues that aggravated assault by
reckless conduct was not a crime at the time the offense was
committed, therefore the trial court erred by charging the jury on the
lesser grade offense.  We affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
MARK W. RAWLINGS

Court:TCCA

Attorneys: 

For Appellant:                      For Appellee:

Lila Kathleen Mitchell              John Knox Walkup
Assistant Public Defender           Attorney General and Reporter
Shelby County Public 
    Defender's Office               Georgia Blythe Felner   
201 Poplar Avenue, 2nd Fl.          Counsel for the State 
Memphis, TN  38103                  450 James Robertson Parkway
(at trial)                          Nashville, TN  37243-0493

Paula L. Skahan, Attorney           Phillip Gerald Harris 
140 North Third Street              Asst District Attorney General
Memphis, TN  38103                  Shelby County District Attorney
(on appeal)                         General's Office 
                                    201 Poplar Avenue
                                    Memphis, TN  38103                         

Judge:WADE

First Paragraph:

The defendant, Mark W. Rawlings, entered pleas of guilt to three
counts of especially aggravated robbery on June 16, 1992.  Tenn. Code
Ann. S 39 13-403.  The trial court imposed Range I sentences of
eighteen years on each count and ordered the terms to be served
consecutively for an effective sentence of fifty-four years.  The
defendant attempted to appeal to this court pro se but mailed the
notice to the wrong address.  Thereafter, he filed a petition for
post-conviction relief alleging ineffective assistance of counsel and
an involuntary guilty plea.

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

STATE OF TENNESSEE
vs.
HARRY REED

Court:TCCA

Attorneys: 

FOR THE APPELLANT:               FOR THE APPELLEE:


VIRGINIA LEE STORY              JOHN KNOX WALKUP
P. O. Box 1608                  Attorney General & Reporter
Franklin, TN  37065
                                DARYL J. BRAND
                                Asst. Attorney General                                      
                                450 James Robertson Pkwy.                               
                                Nashville, TN  37243-0493
                
                                JOSEPH D. BAUGH
                                District Attorney General

                                MARK PURYEAR
                                Asst. District Attorney General
                                P. O. Box 937
                                Franklin, TN  37065-0937
                         

Judge:PEAY

First Paragraph:

The defendant was charged in the indictment with aggravated assault. 
By agreement with the State, he entered a best interest guilty plea to
the lesser included charge of simple assault.  A sentencing hearing
was held and at its conclusion, the trial judge sentenced the
defendant to a term of six months in the local workhouse, suspended
after serving forty-five days.  He was then placed on probation for
eleven months and twenty-nine days.

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

GAYLEN DEWAYNE RHODES
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

Ron E. Harmon                   John Knox Walkup
Attorney at Law                 Attorney General and Reporter
618 Main Street 
Savannah, TN  38372             Elizabeth T. Ryan
                                Assistant Attorney General                              
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                                G. Robert Radford
                                District Attorney General

                                John Overton
                                Asst. District Attorney
                                Hardin County Courthouse
                                Savannah, TN  38372
                                                  

Judge:Hayes

First Paragraph:

The appellant, Gaylen Dewayne Rhodes, appeals as of right from the
Hardin County Circuit Court's dismissal of his petition for
post-conviction relief.  In 1995, the appellant pled guilty to one
count of first degree murder and one count of theft of property over
one thousand dollars and received an effective sentence of life
imprisonment plus twelve years.  In this appeal, the appellant first
contends that his guilty pleas were not voluntary because he was under
the influence of medication during the guilty plea hearing.  Second,
he contends that his guilty pleas were coerced and, thus,
involuntarily entered as the result of the ineffective assistance of
counsel.

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

STATE OF TENNESSEE
vs.
DARWIN RODREGUS WINDHAM

Court:TCCA

Attorneys:

FOR THE APPELLANT:

JOSEPH P. ATNIP (At Sentencing;
    Of Counsel on Appeal)
District Public Defender
111 Main Street
P.O. Box 734
Dresden, TN  38225

CLIFFORD K. McGOWN, JR.
(On Appeal)
113 North Court Square
P.O. Box 26
Waverly, TN  37185
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

THOMAS A. THOMAS
District Attorney General

ALLEN J. STRAWBRIDGE, JR.
Assistant District Attorney General
414 S. Fourth Street
P.O. Box 218
Union City, TN  38261-0218
                          
Judge:RILEY

First Paragraph:

The defendant, Darwin Rodregus Windham, appeals the sentence imposed
by the Circuit Court of Weakley County following his guilty plea to
the sale of cocaine over 0.5 grams in Indictment No. 3097 and the sale
of cocaine under 0.5 grams in Indictment No. 3098.  The trial court
sentenced him to concurrent sentences of eight (8) years for the Class
B felony sale of cocaine and three (3) years for the Class C felony
sale of cocaine.  The trial court ordered that, after serving one (1)
year in the Weakley County jail, defendant could serve the remainder
of his sentence in community corrections.  Defendant appeals, claiming
that the trial court should have granted probation.  We affirm the
judgment of the trial court pursuant to Rule 20, Tennessee Court of
Criminal Appeals.

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

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