TBALink Opinion-Flash

February 27, 1998 -- Volume #4 -- Number #038

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
02-New Opinons From TSC-Workers Comp Panel
17-New Opinons From TCA
20-New Opinons From TCCA

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George Dean
TBALink Chief Editor


BRIDGESTONE/FIRESTONE, INC.
vs.
DEBORAH LOUISE DUNN

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:          For the Appellee:

B. Timothy Pirtle               Sonya W. Henderson
Third Floor, City Bank Bldg.        218 West Main St., Suite 1
McMinnville, TN 37110           Murfreesboro, TN 37130
                          
Judge:INMAN

First Paragraph:

This declaratory judgment action likely created an interest that
otherwise might not have existed or, perhaps, might not have
manifested itself.  The employer filed the action alleging that its
employee reported that she experienced pain in her neck on August 17,
1995, that she was successfully treated and returned to work on
September 12, 1995, that her medical expenses had been paid, and that
the plaintiff [employer] should be "discharged from responsibility to
defendant [employee]."

URL:http://www.tba.org/tba_files/TSC_WCP/dunnpa_opn.WP6
Opinion-Flash

JOSEPH D. LEWIS
vs.
INSURANCE COMPANY OF                 
PENNSYLVANIA and              
BRIDGESTONE (USA), INC.

Court:TSC - Workers Comp Panel

Attorneys:

FOR APPELLANT:                 FOR APPELLEE:
                             
DONALD J. RAY                  KENT E. KRAUSE        
RAY, VAN CLEAVE & JACKSON      MARY SULLIVAN MOORE                
P.O. Box 1027                  BREWER, KRAUSE, BROOKS & MILLS 
Tullahoma, TN 37388            P.O. Box 23890       
                               Nashville, TN 37202-3890
                          
Judge:RUSSELL

First Paragraph:

This case involves an employee's affliction with contact dermatitis
from handling chemicals present in vehicle tire components being
manufactured by the employer.

URL:http://www.tba.org/tba_files/TSC_WCP/lewisjd_opn.WP6
Opinion-Flash

TIMOTHY K. BRADY
vs.
JAMES M. VALENTINE

Court:TCA

Attorneys: 

REBECCA E. BYRD
PETERSEN, BUERGER, MOSELEY & CARSON
306 Court Square
Franklin, Tennessee 37064
    Attorney for Plaintiff/Appellee

ERIC J. MORRISON
STONE & HINDS
700 First American Center
507 Gay Street, S.W.
Knoxville, Tennessee 37902
    Attorney for Defendant/Appellant
                        
Judge:CANTRELL

First Paragraph:

The only issue we have to decide is whether an appeal of a general
sessions judgment gives the circuit court the jurisdiction to award
sanctions under Rule 11, Tenn. R. Civ. P.  The Circuit Court of
Williamson County held that it does not.  We reverse and remand the
cause for further consideration.

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

GREENBACK CRUSHED STONE, INC.
vs.
LOUDON COUNTY COMMISSION

Court:TCA

Attorneys:

DAVID T. BLACK
KIZER AND BLACK
Maryville, Tennessee
Attorney for Appellant

DEAN B. FARMER
HODGES, DOUGHTY & CARSON
Knoxville, Tennessee
Attorney for Appellee
                          
Judge:HIGHERS

First Paragraph:

Plaintiff Greenback Crushed Stone, Inc., appeals the judgment of the
trial court upholding the validity of an amendment to the Loudon
County zoning laws enacted by Defendant/Appellee Loudon County
Commission.  We affirm.

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

RUDY HOLMES
vs.
SHERIFF JACK OWENS, et al

Court:TCA

Attorneys:

ALAN BRYANT CHAMBERS
Memphis, Tennessee
Attorney for Appellant

BRIAN L. KUHN
Memphis, Tennessee
Attorney for Appellees
                          
Judge:HIGHERS

First Paragraph:

This is an appeal from a decision of the Circuit Court at Shelby
County, Tennessee, to sustain a discharge of Plaintiff, Rudy Holmes
("Deputy Holmes"), affirmed by the Shelby County Civil Service Merit
Board, taken pursuant to the Shelby County Civil Service Merit Act. 
For reasons stated hereinafter, we affirm the judgment of the trial
court.

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

JOHN JAY HOOKER
vs.
SEN. FRED D. THOMPSON
and
JOHN JAY HOOKER
vs.
DON SUNDQUIST, ET AL.

Court:TCA

Attorneys:

JOHN JAY HOOKER
222 Polk Avenue
Nashville, Tennessee 37203
    Pro Se/Plaintiff/Appellant

JOSEPH A. WOODRUFF
K. SUZANNE CRENSHAW
511 Union Street, Suite 2100
Nashville, Tennessee 37219-1760
    Attorneys for Defendant/Appellee Sen. Fred D. Thompson

JOHN KNOX WALKUP
Attorney General and Reporter

JANET M. KLEINFELTER
Assistant Attorney General
425 5th Avenue North
Nashville, Tennessee 37243-0496
    Attorneys for Defendants/Appellees Don Sundquist, et al.
                          
Judge:CANTRELL

First Paragraph:

The plaintiff, a candidate for the United States Senate, filed two
actions in the Chancery Court of Davidson County alleging that giving
or receiving campaign contributions violates state law.  The court
dismissed both actions.  We agree that the lower courts properly
dismissed plaintiff's claims, because the regulation of campaign
financing for federal elections is preempted by federal law.

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

WILLIAM M. KIZER
vs.
ANNA LYNN KIZER

Court:TCA

Attorneys: 

For Plaintiff/Appellee:             For Defendant/Appellant:

Homer R. Ayers                      F. Dulin Kelly
Goodlettsville, Tennessee           Clinton L. Kelly
                                    Andy L. Allman
                                    KELLY & KELLY
                                    Hendersonville, Tennessee
                         
Judge:KOCH

First Paragraph:

This appeal involves the dissolution of a sixteen-year marriage. 
After granting the wife a divorce based on the husband's inappropriate
marital conduct, the Sumner County General Sessions Court divided the
marital property and declined the wife's request for spousal support
and attorney's fees.  The wife appealed, contending that she was
entitled to spousal support and attorney's fees based on her financial
need and her husband's ability to pay.  We have determined that the
wife is entitled to spousal support and, accordingly, modify the
judgment to award the wife $100 per month in long-term spousal
support.

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

JACQUELINE LAIRD and            
JANICE RODGERS
vs.
JAMES J. DOYLE, II

Court:TCA

Attorneys:

JACK L. HALLIBURTON, Taylor, Halliburton, Ledbetter & Caldwell,
Attorney for Plaintiffs.

DAVID M. WALDROP, McNabb, Holley & Waldrop, Memphis, Attorney for
Defendant.
                          
Judge:TOMLIN

First Paragraph:

Jacqueline Laird and Janice Rogers (by name or "plaintiffs") each
filed suit in the General Sessions Court of Shelby County against
James J. Doyle, II ("defendant") for personal injuries and damages
sustained by them in an automobile accident, wherein defendant's
automobile collided with the automobile occupied by plaintiffs while
it was stopped prior to making a left turn.  The cases were
consolidated for trial were and appealed to the Shelby County Circuit
Court.  Following a bench trial, the court entered a judgment in favor
of Rogers in the amount of $5,000 and in favor of Laird in the amount
of $4,000, each judgment stated as being "for personal injuries in the
cause."  The sole issue presented on appeal by defendant is whether or
not the trial court erred in allowing plaintiffs to testify as to the
necessity of this medical treatment in connection with the medical
bills offered as evidence.  In the opinion of this court the trial
court erred in so doing.  Accordingly, we reverse and remand for a new
trial as to the issue of damages only.

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

WILMA JEAN LAMPLEY
vs.
GORDON RAY LAMPLEY

Court:TCA
                          
Judge:TODD

First Paragraph:

The appellant has filed a  respectful petition to rehear which has
been duly considered and is respectfully denied.

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

JOHNNY MOFFITT
vs.
CARTHEL SMITH

Court:TCA

Attorneys: 

JOHNNY MOFFITT, pro se
Clifton, Tennessee

EDWIN E. WALLIS, JR.
ROLF S. HAZLEHURST
MOSS, BENTON & WALLIS, PLLC
Jackson, Tennessee
Attorneys for Appellee
                         
Judge:HIGHERS

First Paragraph:

Plaintiff, Johnny Moffitt ("Plaintiff"), has appealed from a summary
judgment dismissing his cause of action against the defendant, Carthel
Smith ("Defendant"), for legal malpractice.  The Defendant was
appointed to represent the Plaintiff who was charged with first degree
murder and shooting into an occupied dwelling.  Plaintiff was found
guilty on both counts by a Henderson County Circuit Court jury on
August 11, 1989.  The jury's verdict was upheld on appeal by the Court
of Criminal Appeals in an opinion filed on December 5, 1990.

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

JOHN MOLIN and wife, FREDERICKA 
LITTLEFAIR-MOLIN
vs.
PERRYMAN CONSTRUCTION CO.

Court:TCA

Attorneys: 

MICHAEL A. MEYER
Sidwell & Barrett, P.C.
121 First Avenue South, Suite 200
Franklin, Tennessee  37064
    ATTORNEY FOR PLAINTIFFS/APPELLANTS

LEE ANNE MURRAY
Feeney & Lawrence, PLLC
2040 First American Center
P. O. Box 198685
Nashville, Tennessee 37219-8685
    ATTORNEY FOR DEFENDANT/APPELLEE
                         
Judge:BUSSART

First Paragraph:

The plaintiff/appellant homeowners brought suit against the
defendant/appellee construction company alleging breach of contract. 
The trial court granted the appellee summary judgment finding that the
appellants' claim fell outside of the three-year statute of
limitations found in section 28-3-105 of the Tennessee code.  In
addition, the court denied a motion by the appellants to amend the
original complaint.  The case is here on appeal to determine whether
the trial court erred.

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

E. L. REID
vs.
GOVERNOR DON SUNDQUIST, et. al.

Court:TCA

Attorneys:

E. L. Reid, #203343
N.W.C.C.
Route 1, Box 660
Tiptonville, TN 38079
ATTORNEY FOR PLAINTIFF/APPELLANT

Sohnia W. Hong, #17415
Assistant Attorney General
426 Fifth Avenue North
Nashville, TN 37243-0488
ATTORNEY FOR DEFENDANTS/APPELLEES
                          
Judge:TODD

First Paragraph:

The petitioner, E. L. Reid, has appealed from a judgment of the Trial
Court entered on August 13, 1996, dismissing his petition for review
of  the results of two disciplinary hearings before an administrative
board of the State Department of Correction.

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

RIVERGATE TOYOTA, INC.
vs.
JOE B. HUDDLESTON

Court:TCA

Attorneys:

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

James W. Cameron, III                   John Knox Walkup
Harwell Howard Hyne Gabbert & Manner    Attorney General and Reporter
Nashville, Tennessee
                                        Christine Lapps
                                        Assistant Attorney Genera
                          

Judge:KOCH

First Paragraph:

This appeal relates to an automobile dealer's use tax liability for
direct mail advertising brochures purchased from an out-of-state
vendor but mailed to Tennessee residents.  Following an audit, the
Commissioner of Revenue assessed the dealer $8,708 for unpaid use tax,
interest, and penalties.  The dealer challenged the assessment in the
Chancery Court for Davidson County.  Following a bench trial, the
trial court concluded that the Commissioner had correctly assessed the
tax and awarded the Commissioner his legal expenses.  The dealer now
insists that its use tax assessment should have been based on the
final printed cost of the brochures and that it was entitled to a
credit for its postage expenses.  We have determined that the dealer
was not required to pay use tax on the postage but that the remainder
of the Commissioner's assessment was correct.  Accordingly, we affirm
the judgment as modified herein.

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

SHELBY COUNTY DEPUTY            
SHERIFFS' ASSOCIATION,          
SGT. RONALD A. HOUSTON,         
SGT. ROBERT MICHAEL SHELBY,     
SGT. RONALD RAY, AND            
SGT. MARK ROCHEVOT
vs.
SHELBY COUNTY, TENNESSEE,       
THE SHELBY COUNTY           
COMMISSION, MAYOR JIM ROUT,     
AND SHERIFF A.C. GILLESS, JR.

Court:TCA

Attorneys:

Alan Bryant Chambers of Memphis
For Appellants

Danny A. Presley, Executive Assistant
County Attorney; Jennifer A. Beene,
Senior Assistant County Attorney
For Julian Bolton and Jim Rout

Defendants-Appellees.           
Charlie Ashford of Memphis  
For A.C. Gilless, Jr.

Judge:CRAWFORD

First Paragraph:

This appeal involves a declaratory judgment suit in chancery court
related to a previous proceeding in criminal court pursuant to the
provisions of the "anti-fee statutes," T.C.A. S 8-20-101 et seq..  The
plaintiffs are Shelby County Deputy Sheriff's Association, Sergeant
Ronald A. Houston, Sergeant Robert Michael Shelby, Sergeant Ronald
Ray, and Sergeant Mark Rochevot.  The defendants are Shelby County,
Tennessee, the Shelby County Commission, Mayor Jim Rout and Sheriff A.
C. Gilless, Jr.

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

RAY DARRIS THOMPSON
vs.
STATE OF TENNESSEE

Court:TCA

Attorneys:

RAY DARRIS THOMPSON, pro se
Mountain City, Tennessee

JOHN KNOX WALKUP
Attorney General and Reporter
SOHNIA W. HONG
Assistant Attorney General
Attorneys for Appellee, State of Tennessee
                          
Judge:HIGHERS

First Paragraph:

Ray Darris Thompson appeals a final order of the Claims Commission
dismissing his claim for lack of subject matter jurisdiction.  We
affirm.

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

LILLIAN D. VEGA-HORTA, ET AL.                       
vs.
WYETH-AYERST LABORATORIES   
COMPANY, ET AL

Court:TCA

Attorneys:

J. D. LEE
LEE, LEE & LEE
Knoxville, Tennessee
Attorney for Appellants

EDWARD G. WHITE, II
HODGES, DOUGHTY & CARSON, PLLC
Knoxville, Tennessee
Attorney for Appellees
                         
Judge:HIGHERS

First Paragraph:

Plaintiff, Lillian Vega-Horta ("plaintiff"), appeals the judgment of
the trial court granting defendant's, St. Mary's Medical Center ("St.
Mary's") Motion for Summary Judgment.  For reasons state hereinafter,
we affirm the trial court's judgment.

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

THE VIRGINIA INSURANCE      
RECIPROCAL
vs.
WAGNER, MYERS & SANGER, P.C.

Court:TCA

Attorneys:

LAWRENCE A. WELCH, JR.
Greeneville, Tennessee
Attorney for Appellant


CHARLES A. WAGNER, III
WAGNER, MYERS & SANGER, P.C.
Knoxville, Tennessee
Attorney for Appellee
                          
Judge:HIGHERS

First Paragraph:

Plaintiff Virginia Insurance Reciprocal (Insurance Company) appeals
the trial court's order granting the motion for summary judgment filed
by Defendant/Appellee Wagner, Myers & Sanger, P.C. (Law Firm).  In
entering a summary judgment in favor of the Law Firm, the trial court
ruled that, under the terms of the parties' insurance policy, the Law
Firm had no obligation to reimburse the Insurance Company for amounts
paid by the Company within the amount of the policy's $25,000
deductible.  We reverse the trial court's judgment and remand for
further proceedings.

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

JEAN KELLY FISHER WALLACE
vs.
RICHARD EDWARD WALLACE

Court:TCA

Attorneys:

HAL GERBER and KAREN R. CICALA, Gerber Law Office, Memphis,  Attorneys
for Plaintiff.

DANIEL LOYD TAYLOR and JAMES H. TAYLOR, Memphis,  Attorneys for
Defendant.
                          
Judge:TOMLIN

First Paragraph:

This is a post-divorce custody proceeding.  Jean Kelly Fisher Wallace
("mother") was granted a divorce in the Chancery Court of Shelby
County from Richard Edward Wallace ("father") in May, 1992.  Mother
was awarded custody of the parties' minor child, Caroline.  In April,
1995, father filed a petition to change legal custody from mother to
father.  Following a bench trial, the court denied the relief sought
by father and permitted custody to remain with mother.  The court
delayed its decision for six months, principally to allow mother the
opportunity to make changes in two aspects of her life: (1) the
neighborhood in which she and the minor child had been living for
slightly over a year and (2) her ongoing association and relationship
with her boyfriend.  The trial court felt both aspects were
detrimental to the welfare of the parties' child.

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

JAMES M. WEBB, SR. and      
RICKY L. MORROW
vs.
MORTGAGE SYSTEMS CORPORATION,   
LARRY LATHAM AUCTIONEERS, INC., 
GEORGE A. HATCHER, SR., and 
OSIAS ENTERPRISES, INC.

Court:TCA

Attorneys: 

For James M. Webb, Sr. and        For Larry Latham Auctioneers, Inc.:
Ricky L. Morrow:
                                  Michael J. Vetter
J. Randall Hooper                 Brewer, Krause, Brooks & Mills
Hooper & Hooper                   Nashville, Tennessee
Brentwood, Tennessee
                                  For George A. Hatcher, Sr.:

                                  J. Russell Farrar
                                  D. Todd Sholar
                                  Nashville, Tennessee

                                  For Osias Enterprises, Inc.:

                                  E. Steele Clayton, IV
                                  Bass, Berry & Sims
                                  Nashville, Tennessee
                         
Judge:KOCH

First Paragraph:

This appeal involves a dispute over representations concerning the
availability of financing for a piece of commercial property sold at
auction.  After losing their earnest money because their financing did
not materialize, the successful bidders sued the owner of the
property, the auctioneers, and a mortgage broker in the Chancery Court
for Davidson County, alleging that they had misrepresented the
availability of financing for the purchase.  The trial court granted
the bidders a summary judgment against the mortgage broker but also
granted a summary judgment to the property owner and the auctioneers
with regard to the bidders' claims against them.  On this appeal, the
bidders assert the summary dismissal of their claims against the
property owner and the auctioneers was unwarranted.  We have
determined that the material facts are not in dispute and that the
property owner and the auctioneers are entitled to a judgment as a
matter of law.  Accordingly, we affirm the trial court.

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

STATE OF TENNESSEE
vs.
DANIEL M. BAILEY

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

Kathleen L. Caldwell                Charles W. Burson
Taylor, Halliburton, Ledbetter      Attorney General and Reporter
and Caldwell    
44 North Second, Suite 200          Deborah A. Tullis
Memphis, TN  38103                  Assistant Attorney General                              
									Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
                        
                                    William L. Gibbons
                                    District Attorney General

                                    Charles Bell
                                    Asst. District Attorney General
                                    Criminal Justice Complex, Ste 301
                                    201 Poplar Street
                                    Memphis, TN 38103
                         
Judge:Hayes

First Paragraph:

The appellant, Daniel M. Bailey, was convicted by a Shelby County jury
of one count of aggravated rape and one count of aggravated sexual
battery.  The trial court imposed consecutive sentences of fifteen
years and eight years respectively to be served in the Department of
Correction.  The appellant appeals as of right from these convictions
raising as his sole issue the denial of his constitutional right to a
speedy trial.

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

ROBERT DUANE BITNER
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

ROBERT DUANE BITNER, pro se         JOHN KNOX WALKUP 
Register Number 216742              Attorney General & Reporter
Route 1, Box 330
Tiptonville, TN  38079-9775         KENNETH W. RUCKER
                                    Assistant Attorney General
                                    2nd Floor, Cordell Hull Bldg
                                    425 Fifth Avenue North 
                                    Nashville, TN  37243

                                    G. ROBERT RADFORD 
                                    District Attorney General 

                                    ELEANOR CAHILL
                                    Asst District Attorney General
                                    111 Church Street
                                    P.O. Box 686 
                                    Huntingdon, TN  38344-0686
                          
Judge:WOODALL

First Paragraph:

This case represents an appeal from the dismissal of the Petitioner's
petition for post-conviction relief.  The Petitioner was originally
convicted of three (3)  counts of aggravated sexual battery and
received an effective twenty-four (24) year sentence.  This court
affirmed the judgment of the trial court on direct appeal, State v.
Bitner, C.C.A. No. 02C01-9307-CC-00148, Carroll County (Tenn. Crim.
App., Jackson, May 25, 1994), and the supreme court denied application
for permission to appeal on August 29, 1994.  On July 10, 1996,
Petitioner filed a petition for post-conviction relief.  Finding that
the statute of limitations had expired, the trial court dismissed the
petition without a hearing.

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

STATE OF TENNESSEE
vs.
GABRIEL BLACKMAN

Court:TCCA

Attorneys:

FOR THE APPELLANT:

GARY F. ANTRICAN
District Public Defender

JEANNIE A. KAESS
(At Hearing)
Assistant Public Defender
17805 Highway 64
P.O. Box 700
Somerville, TN 38068-0700

C. MICHAEL ROBBINS
(On Appeal)
3074 East Street
Memphis, TN  38128
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

JANIS L. TURNER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

ELIZABETH T. RICE
District Attorney General

ED NEAL McDANIEL
Assistant District Attorney General
300 Industrial Park Drive
P.O. Box 473
Selmer, TN  38375-0473
                          
Judge:RILEY

First Paragraph:

The defendant, Gabriel Blackman, pled guilty in the McNairy County
Circuit Court to one (1) count of aggravated burglary and one (1)
count of burglary.  The trial court imposed concurrent sentences of
three (3) years and two (2) years, respectively.  The trial court
suspended the sentences, except for thirty (30) days, and ordered the
remainder of the sentence to be served on probation.  As a condition
of probation, the trial court ordered that defendant pay $6,000 in
restitution to the victims.  On appeal, defendant challenges only the
trial court's imposition of restitution.  After a review of the record
before us, we remand to the trial court for further proceedings
consistent with this opinion.

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

JEFFERY A. CASEY
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

Pamela J. Drewery           John Knox Walkup
1008 West Forest            Attorney General & Reporter
Jackson, TN  38301          425 Fifth Avenue, North
                            Nashville, TN  37243-0493

                            Georgia B. Felner
                            Counsel for the State
                            425 Fifth Avenue, North
                            Nashville, TN  37243-0493
                          
Judge:Jones

First Paragraph:

This case represents an appeal from the dismissal of the petitioner's
petition for post-conviction relief.  On March 8, 1984, the petitioner
was convicted on two counts of first degree murder and received two
concurrent life sentences.  This court affirmed the convictions and
sentences on appeal, State v. Casey, No. 1 (Tenn. Crim. App., Jackson,
March 27, 1985), and the supreme court denied application for
permission to appeal on June 3, 1985.  On May 9, 1996, the petitioner
filed a petition for post conviction relief alleging ineffective
assistance of counsel, improper jury instructions, the denial of his
right to testify on his own behalf, and the denial of a fair and
impartial trial.  Finding that the statute of limitations had expired,
the trial court dismissed the petition without a hearing.

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

DEWAYNE CATHEY
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:
BARBARA D. MACINTOSH                JOHN KNOX WALKUP
Attorney at Law                     Attorney General & Reporter
474 Perkins Extended, Ste. 205
Memphis, TN  38117                  SARAH M. BRANCH
                                    Assistant Attorney General                          
                                    450 James Robertson Parkway                         
                                    Nashville, TN 37243-0493

                                    JOHN W. PIEROTTI
                                    Dist. Attorney General
                                    
                                    ALANDA HORNE
                                    Asst. Dist. Attorney General
                                    Criminal Justice Complex
                                    201 Poplar St., Ste. 301
                                    Memphis, TN  38103
                          
Judge:WITT

First Paragraph:

The petitioner, Dewayne Cathey, comes to this court aggrieved of the
Shelby County Criminal Court's dismissal of his claim for post
conviction relief.  Cathey is presently incarcerated for a life term
following his guilty plea to the crime of first-degree murder. 
Following a series of hearings at which the petitioner had the
opportunity to present his evidence, the trial court found all of the
allegations contained in the petition to be without merit and denied
relief.  On appeal, Cathey asks this court to review two of the trial
court's four determinations.  He claims the evidence preponderates
against the trial court's determinations that he was afforded the
effective assistance of counsel and that his guilty plea was knowingly
and voluntarily entered.  Having reviewed the record and the briefs of
the petitioner and the state, we find the petitioner's issues without
merit and affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
CHLOE RAINEY CLARK

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

WILLIAM C. BARNES, JR.          JOHN KNOX WALKUP 
13-14 Public Square             Attorney General & Reporter
P.O. Box 552 
Columbia, TN  38402-0552        DARYL J. BRAND 
                                Assistant Attorney General
                                2nd Floor, Cordell Hull Building
                                425 Fifth Avenue North 
                                Nashville, TN  37243

                                JOHN COLLEY
                                COLLEY AND COLLEY
                                710 North Main Street
                                Columbia, TN  38401 
                                (Special Prosecutor at Trial)

                                T. MICHAEL BOTTOMS 
                                District Attorney General 

                                LARRY NICKELL, JR. and
                                LEE BAILEY
                                Asst District Attorney General
                                P.O. Box 1619 
                                Columbia, TN  38401-1619                          

Judge:WOODALL

First Paragraph:

The Defendant, Chloe Rainey Clark, appeals as of right from the trial
court's order revoking her probation and requiring her to serve her
five (5) year sentence in the Department of Correction.  We affirm the
judgment of the trial court.

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

STATE OF TENNESSEE
vs.
BENJAMIN D. CRAIN

Court:TCCA

Attorneys:

FOR THE APPELLANT:

DAVID F. BAUTISTA
District Public Defender

STEVE  F. McEWEN
Assistant Public Defender
142 East Market
P. O. Box 996
Johnson City, TN  37605-0996
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

WILLIAM DAVID BRIDGERS
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

DAVID E. CROCKETT
District Attorney General

LISA D. NIDIFFER
Assistant District Attorney General
Unicoi County Courthouse
Erwin, TN  37650                          

Judge:SMITH

First Paragraph:

Defendant, Benjamin D. Crain, pled guilty to driving while impaired
and reserved for appellate purposes the issue of whether the driving
while impaired statute is unconstitutional.  We find the statute to be
constitutional.

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

STATE OF TENNESSEE
vs.
SAMUEL PAUL FIELDS

Court:TCCA

Attorneys:

FOR THE APPELLANT:

DAVID H. HORNIK (On Appeal)
222 Second Avenue North
Suite 360M
Nashville, TN  37201

NILES S. NIMMO (At Trial)
306 Gay Street
Suite 200
Nashville, TN  37201-1164
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

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

VICTOR S. JOHNSON, III
District Attorney General

KYMBERLY HAAS
Assistant District Attorney General
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN  37201-1649                          

Judge:SMITH

First Paragraph:

The defendant, Samuel Paul Fields, was convicted by a Davidson County
jury of one (1) count of attempted first degree murder and one (1)
count of reckless aggravated assault.  The trial court sentenced him
to consecutive sentences of twenty-five (25) years for attempted
murder and four (4) years for aggravated assault.

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

STATE OF TENNESSEE
vs.
JOHN C. GARRISON

Court:TCCA

Attorneys: 

For Appellant:                  For Appellee:

Gregory P. Isaacs               John Knox Walkup 
280 One Centre Square           Attorney General and Reporter
P.O. Box 2448
Knoxville, TN  37901-2448       Michael J. Fahey, II
(on appeal)                     Assistant Attorney General
                                425 Fifth Avenue North
Thomas N. DePersio              2d Floor, Cordell Hull Building
136 S. Illinois Avenue          Nashville, TN  37243-0493
Suite 104                   
Oak Ridge, TN  37830            James W. Pope
(at trial)                      Asst District Attorney General
                                First American Bank Building
                                Dayton, TN  37321
                         
Judge:WADE

First Paragraph:

The defendant, John C. Garrison, was convicted of solicitation to
commit first degree murder, a Class B felony.  The trial court imposed
a Range II sentence of sixteen years to be served consecutively to a
sentence in Knox County for two counts of theft over ten thousand
dollars.  The defendant was fined twenty five thousand dollars.

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

STATE OF TENNESSEE
vs.
AMOS LEWIS JONES

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

CLAYTON M. WHITTAKER                JOHN KNOX WALKUP
515 Pioneer Bank Building           Attorney General & Reporter
801 Broad Street
Chattanooga, TN 37402               SANDY C. PATRICK
                                    Asst. Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    WILLIAM H. COX, III
                                    District Attorney General

                                    C. LELAND DAVIS
                                    Asst. District Attorney General
                                    Suite 300, Courts Building
                                    Chattanooga, TN 37402
                         
Judge:WITT

First Paragraph:

The defendant, Amos Lewis Jones, appeals from the sentencing judgment
of the Hamilton County Criminal Court.  The defendant's six
convictions resulted from guilty pleas.  The trial court sentenced the
defendant to maximum Range I terms of four years for theft, twelve
years for each of two counts of aggravated robbery, and 25 years each
for one count of especially aggravated kidnapping and two counts of
aggravated rape.  The three twenty five year sentences were
plea-bargained to run concurrently to each other, but the trial court
set the sentences for theft and aggravated robbery to run
consecutively to each other and consecutively to the twenty-five year
aggregate sentence for the kidnapping and rape charges, yielding a
total effective sentence of 53 years.  The defendant appeals only the
consecutive sentencing aspect of the trial court's judgment.  Upon our
review of the case, we affirm the judgment of the trial court.

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

GEORGE KILLINGSWORTH
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

Cheryl J. Skidmore              John Knox Walkup
Attorney at Law                 Attorney General & Reporter
629 East Main Street            500 Charlotte Avenue
Hendersonville, TN 37075        Nashville, TN 37243-0497
(Appeal Only)
                                Daryl J. Brand
Michael Van Sant                Assistant Attorney General
Attorney at Law                 450 James Robertson Parkway
100 Thompson Lane               Nashville, TN 37243-0493
Nashville, TN 37211
(Trial Only)                    Victor S. Johnson, III
                                District Attorney General
                                Washington Square, Suite 500
                                Nashville, TN 37201

                                Roger D. Moore
                                Asst District Attorney General
                                Washington Square, Suite 500
                                Nashville, TN 37201
                         
Judge:Jones

First Paragraph:

The appellant, George Killingsworth (petitioner), appeals as of right
from a judgment of the trial court dismissing his post-conviction
action after an evidentiary hearing.  The petitioner presents one
issue for review: "Whether the trial court erred in dismissing
petitioner's petition for post conviction relief."  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 pursuant
to Rule 20, Tennessee Court of Criminal Appeals.

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

STATE OF TENNESSEE
vs.
DONALD LONG

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

George Morton Googe             John Knox Walkup
District Public Defender        Attorney General & Reporter
227 W. Baltimore Street         500 Charlotte Avenue
Jackson, TN 38301               Nashville, TN 37243-0497

Vanessa D. King                 Elizabeth T. Ryan
Assistant Public Defender       Assistant Attorney General
227 W. Baltimore Street         450 James Robertson Parkway
Jackson, TN 38301               Nashville, TN 37243-0493

                                James G. Woodall
                                District Attorney General
                                P.O. Box 2825
                                Jackson, TN 38302

                                Donald H. Allen
                                Asst District Attorney General
                                P.O. Box 2825
                                Jackson, TN 38302                          
                                
Judge:Jones

First Paragraph:

The appellant, David Long (defendant), was convicted of rape, a Class
B felony, and sexual battery, a Class E felony, by a jury of his
peers.  The trial court, finding the defendant was a standard
offender, imposed Range I sentences consisting of confinement for
twelve (12) years for rape and two (2) years for sexual battery in the
Department of Correction.  The two sentences are to be served
concurrently.  In this court, the defendant contends:  (1) the
indictment failed to allege the requisite mens rea, (2) the evidence
was insufficient to convict the defendant of rape,  (3) the trial
court erred by failing to sustain the defendant's Batson objection
when the State of Tennessee peremptorily challenged a member of his
race, (4) the trial court erred by denying his motion to suppress an
incriminating statement given to the police, (5) the jury instructions
and convictions for rape and sexual battery violated the Double
Jeopardy Clause of the Fifth Amendment because the events involved a
single episode, (6) the trial court erred by failing to instruct the
jury on the lesser included offense of statutory rape, and (7) the
trial court erred by applying enhancement factors (4), the victim was
particularly vulnerable because of age or physical or mental
disability, and (15), he breached a position of private trust.  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.

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

STATE OF TENNESSEE
vs.
ANGELA MANNING

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

Ashley L. Ownby                 Charles W. Burson
440 Worth Street, N.W.          Attorney General of Tennessee
P.O. Box 176                    and
Cleveland, TN 37364-0176        Amy L. Tarkington
                                Asst Attorney General of Tennessee                  
                                450 James Robertson Parkway     
                                Nashville, TN 37243-0493

                                Jerry N. Estes
                                District Attorney General
                                and
                                Joseph Rehyansky
                                Asst District Attorney General
                                203 E. Madison
                                Athens, TN 37303-0647
                          
Judge:Tipton

First Paragraph:

The defendant, Angela Manning, appeals as of right her convictions by
a jury in the Bradley County Criminal Court for especially aggravated
kidnapping, especially aggravated robbery, five counts of aggravated
rape, all Class A felonies,  especially aggravated burglary, a Class B
felony, conspiracy to commit aggravated burglary, a Class D felony,
and theft of property valued over one thousand dollars, a Class D
felony.  As a Range I, standard offender, she received a
twenty-five-year sentence for each of the Class A felonies, a
twelve-year sentence and twenty-five thousand-dollar fine for the
especially aggravated burglary, a four-year sentence and
five-thousand-dollar fine for the conspiracy to commit aggravated
burglary, and a four year sentence for the theft of property valued
over one thousand dollars.  All sentences are to be served
concurrently.

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

STATE OF TENNESSEE
vs.
DAVID GARY MILLSAPS

Court:TCCA

Attorneys:

FOR THE APPELLANT:

CHARLES M. CORN
District Public Defender

WILLIAM C. DONALDSON
Assistant Public Defender
110  Washington Ave N.E.
Athens, TN 37303
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

JERRY N. ESTES
District Attorney General

AMY ARMSTRONG
Assistant District Attorney General
P.O. Box 647
Athens, TN 37303-0647                          

Judge:SMITH

First Paragraph:

The defendant, David Gary Millsaps, was convicted by a jury of simple
child abuse.  He was sentenced to eleven (11) months and twenty-nine
(29) days.  On appeal, he contends the evidence adduced at trial is
not sufficient to support a guilty verdict and his sentence is
excessive.  The conviction is affirmed, but for reasons hereinafter
stated, the case is remanded for resentencing.

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

STATE OF TENNESSEE
vs.
PAMELA JEAN RANKINS

Court:TCCA

Attorneys:

FOR THE APPELLANT:

GUY R. DOTSON, JR.
102 South Maple Street
Murfreesboro, TN  37130-3530
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

ABIGAIL TURNER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

WILLIAM C. WHITESELL, JR.
District Attorney General

PAUL A. HOLCOMBE, III
Assistant District Attorney General
303 Rutherford Co. Judicial Bldg.
Murfreesboro, TN  37130
                          
Judge:SMITH

First Paragraph:

Appellant, Pamela Jean Rankins, was found guilty by a Rutherford
County Circuit Court jury of possession with intent to sell or deliver
cocaine over 0.5 grams.  As a Range I, Standard Offender Appellant was
sentenced to eight (8) years and six (6) months in the Department of
Correction.

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

CHAD SWATZELL
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:

JOHN H. HENDERSON
District Public Defender

C. DIANE CROSIER
Assistant District Public Defender
407C Main Street
P.O. Box 68
Franklin, TN 37065-0068
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

SUSAN ROSEN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

JOSEPH D. BAUGH, JR.
District Attorney General
Williamson County Courthouse
Suite G-6
P.O. Box 937
Franklin, TN 37065-0937
                          
Judge:SMITH

First Paragraph:

The petitioner, Chad Swatzell, appeals the dismissal of his petition
for post-conviction relief filed in the Circuit Court of Williamson
County.  The petitioner filed a petition for post-conviction relief
based upon ineffective assistance of counsel.  The trial court
dismissed the petition after a hearing.  The judgment of the trial
court is affirmed.

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

STATE OF TENNESSEE
vs.
RICHARD A. TAYLOR

Court:TCCA

Attorneys: 

For the Appellant:              For the Appellee:

Stephen M. Wallace              Charles W. Burson
District Public Defender        Attorney General of Tennessee
P.O. Box 839                    and             
Blountville, TN 37617-0839      Clinton J. Morgan
                                Asst Attorney General of Tennessee                  
                                450 James Robertson Parkway     
                                Nashville, TN 37243-0493

                                H. Greeley Wells, Jr.
                                District Attorney General
                                and
                                Edward E. Wilson
                                Asst District Attorney General
                                P.O. Box 526
                                Blountville, TN 37617-0526
                         

Judge:Tipton

First Paragraph:

The defendant, Richard A. Taylor, appeals as of right from his jury
conviction in the Sullivan County Criminal Court for aggravated
robbery, a Class B felony.  The trial court sentenced the defendant as
a Range I, standard offender to twelve years in the custody of the
Department of Correction and imposed a fifteen thousand-dollar fine. 
The defendant contends that the trial court erred by failing to
instruct the jury regarding the proper consideration of his prior
convictions and by sentencing the defendant to the maximum sentence
within the sentencing range.  We disagree and affirm the judgment of
conviction.

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

STATE OF TENNESSEE
vs.
WILLIAM AUBREY TROTTER, JR.

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:


GLENN R. FUNK                       JOHN KNOX WALKUP
Suite 340-M, Washington Sq.         Attorney General & Reporter
222 Second Ave. N.
Nashville, TN   37201               DARYL J. BRAND
                                    Asst. Attorney General
                                    450 James Robertson Pkwy.                               
                                    Nashville, TN  37243-0493
                
                                    VICTOR S. JOHNSON, III
                                    District Attorney General

                                    SHARON BROX
                                    Asst. District Attorney General
                                    Suite 500, Washington Sq. 
                                    222 Second Ave. N.
                                    Nashville, TN   37201   
                          
Judge:PEAY

First Paragraph:

The defendant was indicted for possessing .5 grams or more of cocaine
with the intent to sell.  A jury convicted him of this offense and,
after a hearing, he was sentenced as a range II multiple offender to
thirteen years incarceration and a $2,000 fine.

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

STATE OF TENNESSEE
vs.
LEON WOODLEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

BERNARD K. SMITH            JOHN KNOX WALKUP
P.O. Box 490                Attorney General and Reporter
McMinnville, TN 37110
                            LISA A. NAYLOR
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243  

                            WILLIAM M. LOCKE
                            District Attorney General
                            P.O. Box 410
                            McMinnville, TN 37110

                          
Judge:WELLES

First Paragraph:

The Defendant, Leon Woodlee, appeals as of right pursuant to Rule 3 of
the Tennessee Rules of Appellate Procedure.  He was convicted by a
Warren County jury of one count of theft of property valued between
$1000 and $10,000, two counts of theft of property valued between $500
and $1000, one count of theft of property valued at $500 or less, one
count of failing to keep required records, and three counts of
possessing an engine or transmission from which the identification
number had been removed or defaced.   The trial court sentenced him as
a Range I standard offender to three years imprisonment for theft
between $1000 and $10,000, two years for one count of theft between
$500 and $1000, four years for the other count of theft between $500
and $1000, two years for theft less than $500, and thirty days each
for one count of failure to keep required records and three counts of
possessing an engine or transmission from which the identification
number had been removed or defaced.  At the sentencing hearing, the
trial court ordered the theft sentences to run consecutive to each
other, with all remaining counts to run concurrent with each other and
concurrent with the theft sentences.   In addition, the sentences were
ordered to run consecutive to a six-year sentence for which the
Defendant was on probation at the time of the present offenses.

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

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