TBALink Opinion-Flash

March 6, 1998 -- Volume #4 -- Number #043

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
05-New Opinons From TSC-Workers Comp Panel
08-New Opinons From TCA
16-New Opinons From TCCA

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George Dean
TBALink Chief Editor


DOUGLAS E. BUMPUS
vs.
BIRMINGHAM-NASHVILLE
EXPRESS, INC.,                  
and THE TRAVELERS           
INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:                  For the Appellee:
Richard E. Spicer                   Julia F. Smith
Spicer, Flynn & Rudstrom, PLLC      113 South Third Street
424 Church St., Ste. 1350           Clarksville, TN 37040
Nashville, TN 37219-21305
                          
Judge:INMAN

First Paragraph:

This is another gradually-occurring injury case involving physical
disability not caused by trauma, specific episode, or 'accidental
injury' as the term is historically used, that would best be resolved
by appropriate legislation.

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

STEPHANIE J. CLINARD
vs.    
LUMBERMENS MUTUAL CASUALTY 
COMPANY OF THE KEMPER                 
INSURANCE COMPANIES

Court:TSC - Workers Comp Panel

Attorneys:

For Appellant:                                For Appellee:

Richard C. Mangelsdorf, Jr.                   William L. Underhill
Leitner, Williams, Dooley & Napolitan         Madison, Tennessee
Nashville, Tennessee
                          
Judge:Loser

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. section 50-6-225(e)(3) for hearing and reporting
of findings of fact and conclusions of law.  The appellant here
contends the evidence preponderates against the trial court's finding
that the employee's injury was causally connected to her employment. 
The panel has concluded the judgment should be affirmed.

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

PATRICIA DIANE HAYES
vs.
WAL-MART STORES, INC.

Court:TSC - Workers Comp Panel

Attorneys:

FOR APPELLANT:                      FOR APPELLEE:  
Wesley R. Kliner, Jr.               David Hardee
Jeffrey P. Boyd                     HARDEE, MARTIN & JAYNES
ALLEN & KLINER, PLLC                213 E. Lafayette
Post Office Box 2385                Jackson, TN 38301   
Jackson, TN 38302
(Appeal)

C. Mark Donahoe
SPRAGINS, BARNETT, COBB & BUTLER
P. O. Box 2004
Jackson, TN 38302-2004
(Trial)
                          
Judge:CLARK

First Paragraph:

This worker's compensation appeal has been referred to the special
worker's compensation appeals panel of the Supreme Court in accordance
with Tenn. Code Ann. S50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.  Defendant
raises two issues on appeal: (1) that the trial court erred in finding
plaintiff suffered a thirty-five (35%) percent permanent partial
disability to the body as a whole; and (2) that the trial court erred
in awarding plaintiff reimbursement for chiropractor Ronald
Teddleton's outstanding bill of $9,061.90.  For the reasons set forth
below, we reverse the judgment of the trial court.

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

TOBY HEDGECOTH
vs.                                  
HAROLD MOORE & ASSOCIATES        
and JEFF CASWELL d/b/a/          
CASWELL & SONS CARPENTRY

Court:TSC - Workers Comp Panel

Attorneys:

FOR THE APPELLANTS:                 FOR THE APPELLEE:
                            
KENNETH M. POLOMBO                  RALPH BROWN           
SEAN ANTONE HUNT                    CLINT J. WOODFIN       
424 Church Street, Suite 1350       Suite 304, Tower II          
Nashville, TN 37219                 412 Executive Tower Drive
                                    Knoxville, TN 37923
                          
Judge:RUSSELL

First Paragraph:

Toby Hedgecoth, in the course and scope of his employment, fell from a
rooftop on December 18, 1994.  His right foot struck a brick and was
severely injured.  He has been unable to return to physically
demanding work and at the time of trial was enrolled in vocational
school studying electronics.

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

BERYL JACK
vs.
STATE OF TENNESSEE

Court:TSC - Workers Comp Panel

Attorneys: 

For Appellant:                  For Appellee:

Larry R. Williams               John Knox Walkup
Nashville, Tennessee            Attorney General & Reporter

                                Michael E. Moore
                                Solicitor General

                                Heather C. Ross
                                Assistant Attorney General
                                Nashville, Tennessee
                         
Judge:Loser

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. section 50-6-225(e)(3) for hearing and reporting
of findings of fact and conclusions of law.  The employee contends the
evidence preponderates against the commissioner's finding that her
claim is barred because of a false statement contained in her
employment application.  The panel has concluded the judgment should
be affirmed.

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

RICKYE D. ANDERSON
vs.
L. LOIS ANDERSON

Court:TCA

Judge:HIGHERS

First Paragraph:

Appellant has filed a petition to rehear which, after due
consideration is respectfully denied.

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

VAN ADRIAN BARKER
vs.
PATSY LOU (RANDOLPH) SLEDD BARKER

Court:TCA

Attorneys: 

Bryce c. Ruth, Jr.
3210 Highway 31W
P.O. Box 68
White House, TN 37188
ATTORNEY FOR PLAINTIFF/APPELLANT

William P. Jones
103 Bluegrass Commons Blvd.
P.O. Box 738
ATTORNEY FOR DEFENDANT/APPELLEE
                        
Judge:TODD

First Paragraph:

In this divorce case, the husband Van Adrian Barker has appealed from
the judgment of the Trial Court declaring the parties to be divorced
under TCA S 36-4-129, and dividing the marital estate.

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

BOBBY BLACKMON
vs.
STEVEN F. GLASER

Court:TCA

Attorneys:

Bobby Blackmon, Pro Se
Middle Tennessee Reception Center
7177 Cockrill Bend Industrial Center
Nashville, TN 37209-1005
ATTORNEY FOR PLAINTIFF/APPELLANT

Curtis M. Lincoln, BPR #2538
175 East Main Street, 2nd Floor
Hendersonville, TN 37075
ATTORNEY FOR DEFENDANT/APPELLEE
                          
Judge:TODD

First Paragraph:

The plaintiff, Bobby Blackmon, has appealed from a judgment.

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

SIDNEY TILLMAN HOOVER
vs.
DANIEL EDMONDSON HOOVER

Court:TCA

Attorneys:

Virginia L. Story of Franklin
For Appellee
            
Nathaniel H. Koenig of Nashville
For Appellant                          

Judge:CRAWFORD

First Paragraph:

This is a divorce case.  Defendant-appellant Daniel Hoover appeals the
trial court's division of marital property and asserts that the land
containing the parties marital home was improperly classified as
wife's separate property. Plaintiff-appellee Sidney Hoover asserts
that the trial court erred in failing to award her one-half of
Husband's retirement account.

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

CURTIS L. LANDRY, JR. d/b/a       
LANDRY AND ASSOCIATES
vs.
JOHN DANIEL RUDD

Court:TCA
                          
Judge:TODD

First Paragraph:

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

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

CITY OF MURFREESBORO, a     
Municipal Corporation in Rutherford 
County, State of Tennessee
vs.
MARIANN M. WORTHINGTON 

CITY OF MURFREESBORO, a     
Municipal Corporation in Rutherford 
County, State of Tennessee
vs.
THOMAS W. WORTHINGTON and   
wife, Mariann M. Worthington

Court:TCA

Judge:LILLARD

First Paragraph:

Upon consideration of the petition for rehearing of
Plaintiff/Appellant City of Murfreesboro, the petition is denied.

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

IN THE MATTER OF: JOEL  
KRISTEN SIPE 

STATE OF TENNESSEE, 
DEPARTMENT OF CHILDREN'S    
SERVICES
vs.
BRUCE SIPE and LAUREL SIPE

Court:TCA

Attorneys:

Dennis L. Nordhoff, Franklin, Tennessee
Attorney for Respondent/Appellant Bruce Sipe.
Stacy L. Miller, Nashville, Tennessee
Attorney for Respondent/Appellant Laurel Sipe.


John Knox Walkup, Attorney General & Reporter
Douglas Earl Dimond, Assistant Attorney General
Attorney for Petitioner/Appellee State of Tennessee Department of
Children's Services
                          
Judge:FARMER

First Paragraph:

This is a termination of parental rights case.  The minor child in
question is Joel Kristen Sipe, born September 7, 1995 to Laurel Sipe
("Mother") and Bruce Sipe ("Father").  The trial court terminated the
parental rights of both parents as to this child after finding on
clear and convincing evidence that grounds existed to do so.  Both
parents have appealed.  For the reasons expressed below, we affirm.

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

STATE OF TENNESSEE
vs.
RALPH CEDRIC ALLEN

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

Michael R. Jones                John Knox Walkup
District Public Defender        Attorney General and Reporter
110 Sixth Avenue, West                          
Springfield, TN 37172           Elizabeth B. Marney     
                                Assistant Attorney General
                                425 Fifth Avenue North
                                Nashville, TN 37243-0493


                                John Wesley Carney, Jr.
                                District Attorney General

                                Dent Morris
                                Assistant District Attorney
                                500 South Main Street
                                Springfield, TN 37172
                          
Judge:BARKER

First Paragraph:


The appellant, Ralph Cedric Allen, appeals as of right the Robertson
County Circuit Court's denial of his motion for reduction of sentence.
 He contends that the trial court erred in upholding his fourteen (14)
year sentence for a Class B felony.

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

STATE OF TENNESSEE
vs.
ZACHERY L. BARNES

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

WILLIAM A. OSBORNE              JOHN KNOX WALKUP
Assistant Public Defender       Attorney General and Reporter
201 West Main Street
Murfreesboro, TN 37130          GEORGIA BLYTHE FELNER
                                Assistant Attorney General
                                425 Fifth Avenue North
                                Nashville, TN 37243

                                WILLIAM C. WHITESELL
                                District Attorney General
                                3rd Floor, Judicial Building
                                Murfreesboro, TN 37130
                         
Judge:WELLES

First Paragraph:

The Defendant, Zachery Leroy Barnes, appeals as of right pursuant to
Rule 3, Tennessee Rules of Appellate Procedure.  Pursuant to a
negotiated plea agreement with the State, he pleaded guilty to six
counts of burglary  as a Multiple, Range II offender and agreed to
sentences of six years for each offense. After a hearing, the trial
court ordered that some of the sentences be served consecutively,
resulting in an effective sentence of eighteen years in the Department
of Correction. In this appeal, the Defendant argues that the trial
court erred by imposing consecutive sentences.  We affirm the judgment
of the trial court.

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

STATE OF TENNESSEE
vs.
VICTOR COLEMAN

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

G. STEPHEN DAVIS                JOHN KNOX WALKUP
District Public Defender        Attorney General and Reporter
208 N. Mill Avenue
Dyersburg, TN 38025-0742        GEORGIA BLYTHE FELNER
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243

                                PHILLIP BIVENS
                                District Attorney General

                                JAMES E. LANIER
                                Asst District Attorney General
                                P. O. Box E
                                Dyersburg, TN 38025
                          
Judge:SMITH

First Paragraph:

ppellant Victor Coleman was convicted on November 3, 1995 by a jury in
the Dyer County Criminal Court of sale of cocaine in an amount less
than .5 grams.  As a Range I standard offender, Appellant was
sentenced to four years incarceration with the Tennessee Department of
Correction and fined $2,000.00.  In this direct appeal, Appellant
presents two issues for our consideration.  First, Appellant
challenges the sufficiency of the evidence to sustain his conviction,
contending that the jury should not have accredited the testimony of
paid undercover agents and a police officer who made the drug purchase
from Appellant.  Second, Appellant claims that the trial court erred
by refusing to impose alternative sentencing, i.e., community
corrections.

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

STATE OF TENNESSEE
vs.
MARTIN CONLEY

Court:TCCA

Attorneys:

For Appellant:              For Appellee:

J. Arnold Fitzgerald        John Knox Walkup
Attorney at Law             Attorney General and Reporter
P.O. Box 227            
1470 Market Street          Michael J. Fahey, II
Dayton, TN  37321           Assistant Attorney General
                            Criminal Justice Division
                            425 Fifth Avenue North
                            Cordell Hull Building, Second Floor
                            Nashville, TN  37243-0490

                            James W. Pope, III
                            Asst. District Attorney General
                            Third Floor, First American Bank Bldg
                            Dayton, TN  37321                          

Judge:WADE

First Paragraph:

The defendant, Martin Conley, was indicted for possession of over ten
pounds of marijuana with intent to deliver or sell.  See Tenn. Code
Ann. S 39-17 417.  After being denied his request for pretrial
diversion by the state, the defendant filed a petition for certiorari
in the trial court which was also denied.  See Tenn. Code Ann. S
40-15-105(b)(3).  In this interlocutory appeal, the defendant insists
that the district attorney general abused his discretion by the denial
of pretrial diversion and that the trial court erred by refusing to
grant placement into the program.  Tenn. R. App. P. 9.

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

STATE OF TENNESSEE
vs.
ANTHONY GRAY

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

R. RUSSELL MATTOCKS                 JOHN KNOX WALKUP
Office of the Public Defender       Attorney General and Reporter
1609 College Park Drive, Box 11 
Morristown, TN 37813-1618           TIMOTHY F. BEHAN
                                    Assistant Attorney General
                                    425 Fifth Avenue North
                                    Nashville, TN 37243

                                    C. BERKELEY BELL
                                    District Attorney General

                                    ERIC CHRISTIANSEN
                                    Asst District Attorney General
                                    109 S. Main Street, Suite 501
                                    Greeneville, TN 37743       
                          
Judge:WELLES

First Paragraph:

This is an appeal as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure.  The Defendant, Anthony Gray, was
convicted by a jury verdict of one count of driving while under the
influence, second offense, a Class A misdemeanor, and sentenced to
eleven months and twenty-nine days at thirty percent service prior to
release; one count of driving on a revoked license, third offense, a
Class A misdemeanor, and sentenced to eleven months and twenty-nine
days at thirty percent; and one count of evading arrest while
operating a motor vehicle, a Class E felony, and sentenced to two
years, with two hundred twenty days in custody and the balance to be
served on probation.  In this appeal, the Defendant argues: (1) That
the evidence was insufficient to support a verdict of guilt; (2) that
the trial court erred by failing to grant the Defendant's motion for
acquittal; (3) that a double jeopardy violation occurred for his
felony evading arrest charge when it had been previously reduced to a
misdemeanor and he was later tried again on felony evading arrest; and
(4) that the trial court allowed improper cross-examination of a
defense  witness regarding prior convictions.  We affirm the judgment
of the trial court.

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

STATE OF TENNESSEE
vs.
WILLIAM F. HEGGER

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

ROGER K. SMITH                  JOHN KNOX WALKUP
Suite 115                       Attorney General and Reporter
104 Woodmont Boulevard
Nashville, TN 37205             PETER M. COUGHLAN
    (On Appeal)                 Assistant Attorney General
                                450 James Robertson Parkway
KARL DEAN                       Nashville, TN 37243
Public Defender
                                VICTOR S. JOHNSON
MICHAEL FRIEDLAND               District Attorney General
Assistant Public Defender       
12th Floor, Stahlman Bldg       PATTY S. RAMSEY
Nashville, TN 37201             Assistant District Attorney
    (At Trial)                  Washington Square, Ste. 500
                                Nashville, TN 37201-1649
                          
Judge:SMITH

First Paragraph:

On May 17, 1994, a Davidson County jury found Appellant, William F.
Hegger, guilty of driving under the influence of an intoxicant, first
offense. The trial court sentenced Appellant as a Range I standard
offender to eleven months and twenty-nine days incarceration (all but
ten days suspended), imposed a two-hundred and fifty dollar fine,
ordered Appellant to attend alcohol treatment school, and suspended
Appellant's driver's license for a period of one year. Appellant was
further ordered to perform two hundred hours of public service work.
On February 22, 1996, following a hearing upon Appellant's motion, the
trial court modified Appellant's sentence, waiving the fine and public
service work. The trial court found that Appellant had completed his
jail time, and the one year suspension of his license.

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

STATE OF TENNESSEE
vs.
JAMES HOOPER

Court:TCCA

Attorneys: 

FOR THE APPELLANT:

GREG LEFFEW
P.O. Box 63
Rockwood, TN 37854
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

CHARLES E. HAWK
District Attorney General

FRANK A. HARVEY
Assistant District Attorney General
P.O. Box 703
Kingston, TN 37763-0703                         

Judge:SMITH

First Paragraph:

The defendant, James Hooper, appeals the trial court's denial of his
motion to withdraw his plea of nolo contendere to one (1) count of
aggravated sexual battery.  The trial court found the motion was filed
after the maximum allowed time.  The decision of the trial court is
affirmed.

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

STATE OF TENNESSEE
vs.
LOREN JOE PIERCE

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

TERRY J. LEONARD            JOHN KNOX WALKUP
9 North Court Square        Attorney General and Reporter
P. O. Box 957
Camden, TN 38320            ELIZABETH T. RYAN
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243

                            ROBERT RADFORD
                            District Attorney General

                            TODD A. ROSE
                            Assistant District Attorney
                            P. O. Box 94
                            Paris, TN 38242
                          
Judge:SMITH

First Paragraph:

Appellant Loren Joe Pierce was convicted on June 5, 1996 by a jury in
the Benton County Circuit Court of one count of aggravated arson, a
Class A felony.  As a Range I standard offender, Appellant received a
sentence of fifteen years with the Tennessee Department of Correction.
 The trial court ordered this sentence to run consecutively to
Appellant's prior sentence for aggravated kidnapping.  Appellant
presents two issues for our consideration on this direct appeal:  (1)
whether the evidence was sufficient to sustain Appellant's conviction
for aggravated arson; and (2) whether the trial court erred in failing
to act as thirteenth juror and grant Appellant a new trial.

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

LEWIS PURKEY
vs.
CHARLES JONES, WARDEN,  
and STATE OF TENNESSEE

Court:TCCA

Attorneys:

For Appellant:                  For Appellees:

Lewis Purkey, Pro Se            John Knox Walkup
Morgan County Regional          Attorney General and Reporter
   Correctional Facility            
P.O. Box 2000                   Michael J. Fahey, II
Wartburg, TN  37887             Assistant Attorney General
                                Criminal Justice Division
                                425 Fifth Avenue North
                                Cordell Hull Building, Second Fl.
                                Nashville, TN  37243-0490

                                Charles E. Hawk 
                                District Attorney General
                                P.O. Box 703 
                                Kingston, TN  37763                           

Judge:WADE

First Paragraph:

The petitioner, Lewis Purkey, entered a guilty plea to three counts of
aggravated rape.  On May 26, 1992, the trial court imposed concurrent
sentences of fifteen years.  On August 6, 1996, over four years after
the convictions, the petitioner filed this action for a writ of habeas
corpus which the trial court denied.  In this appeal of right, the
single issue is whether the content of the indictment was sufficient
to support the convictions.

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

STATE OF TENNESSEE
vs.
GARY RAINES, DEBRA RAINES,          
and JERRY RAINES

Court:TCCA

Attorneys: 

FOR THE APPELLANTS:             FOR THE APPELLEE:

DALE M. QUILLEN                 JOHN KNOX WALKUP 
Attorney for Gary Raines        Attorney General & Reporter
and Debra Raines 
95 White Bridge Rd Ste 208      ELLEN H. POLLACK
Nashville, TN  37205            Assistant Attorney General
                                2nd Floor, Cordell Hull Bldg
MICHAEL J. FLANAGAN             425 Fifth Avenue North 
Attorney for Jerry Raines       Nashville, TN  37243
95 White Bridge Rd Ste 208
Nashville, TN  37205            DAN M. ALSOBROOKS 
                                District Attorney General 

                                JAMES WALLACE KIRBY 
                                Asst District Attorney General
                                102 Cumberland Street
                                Ashland City, TN  37015 
                         

Judge:WOODALL

First Paragraph:

Following the denial of their motion to suppress evidence, the
Defendants, Gary Raines and Debra Raines pled guilty in the Circuit
Court of Cheatham County to possession of marijuana for resale and
possession of drug paraphernalia, and Defendant Jerry Raines pled
guilty to simple possession of marijuana and possession of drug
paraphernalia.  In their pleas,  Defendants reserved the right to
appeal the trial court's denial of their motion to suppress as a
certified question of law pursuant to Rule 3(b) of the Tennessee Rules
of Appellate Procedure and Rules 11(e) and 37(b)(2)(I) of the
Tennessee Rules of Criminal Procedure.   Specifically, the certified
question is:  "Whether or not the initial entry upon the premises and
the subsequent consent search was legal."  We affirm the judgment of
the trial court, as modified to correct an apparent clerical error.

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

STATE OF TENNESSEE
vs.
WILLIAM LEE TAYLOR

Court:TCCA

Attorneys: 

FOR THE APPELLANT:               FOR THE APPELLEE:


JOHN HENDERSON                  JOHN KNOX WALKUP
Public Defender                 Attorney General & Reporter

C. DIANE CROSIER                RUTH A. THOMPSON
Asst. Public Defender           Counsel for the State
                                450 James Robertson Pkwy.
EUGENE J. HONEA                 Nashville, TN 37243-0493
Asst. Public Defender
407-C Main St.                  JOSEPH D. BAUGH
P. O. Box 68                    District Attorney General
Franklin, TN 37065
                                JEFF BURKS
                                Asst. District Attorney General
                                P. O. Box 937
                                Franklin, TN 37065
                         
Judge:PEAY

First Paragraph:

In September 1996, the defendant pled guilty to possession of
marijuana for resale and agreed to be sentenced as a Range II multiple
offender.  A sentencing hearing was held to determine the length and
manner of his sentence.  After the hearing, the trial judge sentenced
the defendant to three years in the Tennessee Department of
Correction.  In this appeal as of right, the defendant argues that the
trial judge erred when he refused to suspend the sentence and place
the defendant on probation.  After a review of the record and
applicable law, we find no error and affirm the judgment of the court
below.

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

STATE OF TENNESSEE
vs.
SUE ANN TIDWELL

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

JEFFREY A. DEVASHER             JOHN KNOX WALKUP
On Appeal                       Attorney General and Reporter
Senior Asst Public Defender
                                GEORGIA BLYTHE FELNER
JEFFERSON T. DORSEY             Assistant Attorney General
At Trial                        425 5th Avenue North
Assistant Public Defender       Nashville, TN 37243
1202 Stahlman Building
Nashville, TN 37201             VICTOR S. JOHNSON
                                District Attorney General

                                PAMELA ANDERSON
                                Asst District Attorney General
                                1202 Stahlman Building
                                Nashville, TN 37201
                         
Judge:WELLES

First Paragraph:

The Defendant, Sue Ann Tidwell, appeals as of right pursuant to Rule
3, Tennessee Rules of Appellate Procedure.  She was convicted after a
bench trial of one count of simple assault, a Class B misdemeanor, and
one count of disorderly conduct, a Class C misdemeanor.  She was
sentenced to six months, suspended with probation, for the assault
conviction and ordered to pay a fifty- dollar ($50) fine for the
disorderly conduct conviction.  She appeals both of her convictions
and the sentence for assault, raising two issues: (1) That the
evidence was insufficient to support a verdict of guilt for assault or
for disorderly conduct, and (2) that the trial court erred in imposing
the maximum sentence for assault and failing to grant judicial
diversion.  We affirm the judgment of the trial court.

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

DARYL TURNER a/k/a          
"JUICY" TURNER  
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For the Appellant               For the Appellee

Cheryl J. Skidmore              John Knox Walkup
629 East Main Street            Attorney General & Reporter 
Hendersonville, TN. 37075   
                                Clinton J. Morgan
                                Assistant Attorney General
                                2nd Floor Cordell Hull Building
                                425 Fifth Avenue North
                                Nashville, TN. 37243-0493

                                Lawrence Ray Whitley
                                District Attorney General

                                Dee David Gay
                                Asst District Attorney General
                                113 W. Main Street
                                Gallatin, TN. 37066-2803
                          
Judge:BARKER

First Paragraph:

The appellant, Daryl Turner, appeals the Sumner County Criminal
Court's dismissal of his petition for post-conviction relief.  In
1993, appellant was convicted of selling a Schedule II controlled
substance, to wit: cocaine, and was sentenced to twelve (12) years as
a Range III persistent offender.  His conviction and sentence were
affirmed by this Court on direct appeal.  See State v. Darrel Tucker,
No. 01-C-01-9310-CR00347 (Tenn. Crim. App. at Nashville, Oct. 6,
1994), per. app. denied (Tenn. 1995).  The appellant, thereafter,
filed a pro se petition for post-conviction relief  alleging
ineffective assistance of counsel, malicious prosecution, and invalid
"reasonable doubt" jury instructions.  Following an evidentiary
hearing, the trial court dismissed appellant's petition upon finding
no ground to warrant post-conviction relief.

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

STATE OF TENNESSEE
vs.
AVERY Q. WALKER

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:


JOHN KNOX WALKUP                    JOHN S. COLLEY
Attorney General & Reporter         710 North Main St., Suite 200
                                    P.O. Box 1476
ELIZABETH B. MARNEY                 Columbia, TN 38402
Asst. Attorney General
450 James Robertson Pkwy.                               
Nashville, TN  37243-0493
                
MIKE BOTTOMS
District Attorney General

J. LEE BAILEY, III
Asst. District Attorney General
P.O. Box 1619           
Columbia, TN 38401                         

Judge:PEAY

First Paragraph:

The defendant was indicted in June 1995 on one count of possession
with intent to sell cocaine and one count of possession of marijuana. 
He filed a motion to suppress all evidence gathered during the search
of his person.  After a hearing, the trial court granted the
defendant's motion.  The State now appeals.  After a review of the
evidence and applicable law, we reverse and remand this cause to the
trial court for further proceedings.

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

STEVE WALLACE
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:          FOR THE APPELLEE:

STEVE WALLACE Pro Se        JOHN KNOX WALKUP
M.C.R.C.F.                  Attorney General and Reporter
P. O. Box 2000
Wartburg, TN 37887-2000     TIMOTHY F. BEHAN
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243

                            JERRY ESTES
                            District Attorney General
                        
Judge:SMITH

First Paragraph:

On July 18, 1975, Appellant Steve Wallace pleaded guilty in the
Bradley County Criminal Court to second degree murder. He was
sentenced to 150 years incarceration in the Tennessee Department of
Correction.  In this appeal, Appellant presents the following issue
for review:  whether the trial court erred in dismissing Appellant's
petition for post-conviction relief.

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

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