TBALink Opinion-Flash

March 3, 1998 -- Volume #4 -- Number #040

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):
01-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
01-New Opinons From TCA
04-New Opinons From TCCA

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George Dean
TBALink Chief Editor


SANDRA SANDERS
vs.
DAVID W. LANIER AND 
STATE OF TENNESSEE

Court:TSC

Attorneys:

FOR APPELLANT STATE OF:         FOR APPELLEE
TENNESSEE:
                                Jerrold L. Becker
John Knox Walkup                Scarlett A. Beaty
Attorney General & Reporter     Lockridge, Becker & Valone, P.C.
                                Knoxville
Michael E. Moore
Solicitor General

Elizabeth Martin
Assistant Attorney General
                          
Judge:HOLDER

First Paragraph:

The issue with which we are confronted is whether the State may be
liable to a county employee for employment discrimination under the
Tennessee Human Rights Act ("THRA") when the county employee is under
the supervision of a state judge who commits quid pro quo sexual
harassment against the county employee.  The trial court answered the
question in the negative holding that the State was not the
plaintiff's employer under the THRA.  The Court of Appeals reversed
and held that the THRA imposed liability on the State under an
economic realities test.  For the reasons set forth in this opinion,
we affirm as modified the appellate court's reversal of the trial
court's judgment.

URL:http://www.tba.org/tba_files/TSC/sanderss_opn.WP6
Opinion-Flash

HAROLD P. COUSINS, d/b/a        
COUSINS CONSTRUCTION
vs.
MK-FERGUSON OF OAK RIDGE    
COMPANY

Court:TCA

Attorneys:

Brian C. Quist, Knoxville, for Appellant.

E. H. Rayson, William P. Snyder and John C. Burgin, Jr., Knoxville,
for Appellee.
                          
Judge:INMAN

First Paragraph:

This is an action to recover profits the plaintiff contractor alleges
he would have made had he been allowed to construct an additional four
warehouses similar in design and usage to a fifth warehouse he
constructed and for which he was paid.

URL:http://www.tba.org/tba_files/TCA/cousins_ca3.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
DAVID LEE BELLAMY

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

STEPHEN M. WALLACE                  JOHN KNOX WALKUP
District Public Defender            Attorney General & Reporter

GALE K. FLANARY                     TIMOTHY F. BEHAN
Asst. District Public Defender      Assistant Attorney General
P.O. Box 839                        Criminal Justice Division
Blountville, TN  37617              450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    H. GREELEY WELLS, JR.
                                    District Attorney General

                                    JOSEPH EUGENE PERRIN
                                    Asst. District Attorney General
                                    P.O. Box 526
                                    Blountville, TN  37617
                          
Judge:WITT

First Paragraph:

The defendant, David Lee Bellamy, appeals his conviction of driving
under the influence, third offense.  He was convicted in the Sullivan
County Criminal Court following a trial by a jury of his peers.  The
trial court sentenced the defendant to eleven months and 29 days in
the county jail, with mandatory minimum service of 120 days, imposed a
$10,000 fine, and revoked the defendant's driving privileges for ten
years.  In his direct appeal, the defendant raises challenges to the
sufficiency of the convicting evidence and the trial court's refusal
to instruct the jury that the vehicle which the defendant occupied at
the time of his arrest must have been "operational and capable of
being driven."  Having reviewed the record and the parties' briefs, we
affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
JENNIFER COLLINS

Court:TCCA

Attorneys: 

For Appellant:                      For Appellee:

Larry J. Campbell, Attorney         John Knox Walkup
605 Lindsay Street                  Attorney General and Reporter
Chattanooga, TN  37403
                                    Michael J. Fahey, II
                                    Assistant Attorney General
                                    425 Fifth Ave N. 2nd Floor
                                    Cordell Hull Building 
                                    Nashville, TN  37243-0490

                                    Barry A. Steelman 
                                    and 
                                    David W. Denny 
                                    Asst District Attorneys General
                                    Hamilton County District 
                                    Attorney General's Office
                                    600 Market Street, Suite 310
                                    Chattanooga, TN  37402
                         
Judge:WADE

First Paragraph:

The defendant, Jennifer Collins, was convicted of second degree
murder.  The trial court imposed a Range I sentence of fifteen years.

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

RANDY HICKS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

RANDY HICKS                     JOHN KNOX WALKUP
Pro Se                          Attorney General & Reporter
N.E.C.C.
P.O. Box 5000                   PETER M. COUGHLAN
Mountain City, TN  37683        Assistant Attorney General
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493    

                                JERRY N. ESTES
                                District Attorney General
                                Washington Ave.
                                Athens, TN  37303
                                                     
Judge:WITT

First Paragraph:

Randy Hicks appeals the McMinn County Criminal Court's summary
dismissal of his "Motion for New Trial Based on Newly Discovered
Evidence Rule 22, FRCrP."  The lower court considered this "motion"
under the law applicable to motions for new trial, petitions for writ
of error coram nobis, and petitions for post conviction relief, found
it without merit, and summarily dismissed Hicks's claim without
conducting a hearing.  Hicks's underlying conviction is for criminal
facilitation of first degree murder, for which he is serving a 25 year
sentence.  State v. Hicks, 835 S.W.2d 32 (Tenn. Crim. App. 1992).  In
his pro se appellate brief, Hicks never directly attacks the lower
court's denial of his "motion," but he does raise several issues
relating to the admission of evidence, denial of a severance and the
sufficiency of the convicting evidence at his trial.  He also filed
with his pro se appellate brief a document entitled Petition for Writ
of Error Coram Nobis, in which he alleges that the district attorney
knowingly and willfully submitted false evidence in his trial.  Having
painstakingly reviewed the record and Hicks's brief, we affirm the
trial court's summary dismissal of the claim.  Likewise, we find the
petition filed in this court proper for dismissal.

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

STATE OF TENNESSEE
vs.
SHIRLEY ADAMS ROGERS

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

MARK E. STEPHENS                JOHN KNOX WALKUP 
District Public Defender        Attorney General & Reporter

PAULA R. VOSS                   TIMOTHY F. BEHAN 
Assistant Public Defender       Assistant Attorney General
                                2nd Floor, Cordell Hull Building
JOHN HALSTEAD                   425 Fifth Avenue North 
Assistant Public Defender       Nashville, TN  37243
1209 Euclid Avenue
Knoxville, TN  37921            RANDALL E. NICHOLS 
                                District Attorney General 

                                CHARM JOHNSON 
                                Asst District Attorney General

                                GREGG HARRISON
                                Asst District Attorney General
                                City-County Building, Suite 168
                                400 Main Street
                                Knoxville, TN  37902-2405
                          

Judge:WOODALL

First Paragraph:

The Defendant, Shirley Adams Rogers, appeals as of right her
conviction of attempted second degree murder following a jury trial in
the Criminal Court of Knox County.  The Knox County Grand Jury
indicted Defendant on two (2) counts of attempted first degree murder.
 However, Defendant was found guilty of only one (1) count of
attempted second degree murder, and not guilty of the other indicted
charge.  The trial court initially sentenced Defendant to eleven (11)
years as a Range I Standard Offender at 30 percent to be served in
custody.  The trial court subsequently entered an amended judgment
following the hearing on the Motion for New Trial, reducing
Defendant's sentence to ten (10) years.  Defendant raises two (2)
issues in this appeal: (1) whether the evidence is sufficient beyond a
reasonable doubt to support the conviction for attempted second degree
murder; and (2) whether the trial court committed sentencing errors. 
We affirm the judgment of the trial court.

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

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