TBALink Opinion-Flash

March 9, 1998 -- Volume #4 -- Number #044

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
01-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
01-New Opinons From TCA
02-New Opinons From TCCA

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George Dean
TBALink Chief Editor


STATE OF TENNESSEE
vs.
HENRY LEE MARTIN

Court:TSC

Attorneys:

FOR APPELLANT:                  FOR APPELLEE:

Jeffrey A. DeVasher             John Knox Walkup
Assistant Public Defender       Attorney General and Reporter
Nashville
                                AND
James P. McNamara
Assistant Public Defender       Michael E. Moore
Nashville                       Solicitor General

                                Karen M. Yacuzzo
                                Assistant Attorney General
                                Nashville
                          

Judge:HOLDER

First Paragraph:

A jury convicted the defendant, Henry Lee Martin, of especially
aggravated robbery.  He was sentenced to twenty-two years imprisonment
and fined five thousand dollars.  The Court of Criminal Appeals
affirmed both his conviction and his sentence.  We granted review to
determine whether Tenn. R. Evid., Rule 613(b) mandates that a
foundation be laid prior to the introduction of extrinsic evidence of
a witness' prior inconsistent statement.  We hold that extrinsic
evidence remains inadmissible until:  (1)  the witness is asked
whether the witness made the prior inconsistent statement; and (2) 
the witness denies or equivocates as to having made the prior
inconsistent statement.

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

IN RE: AMENDMENTS TO COURT RULES

Court:TSC - Rules

Judge:Drowota

First Paragraph:

The Court hereby amends its Order entered January 30, 1998, by
withdrawing its amendment to Rule 4.06 and Rule 32.01, Tennessee Rules
of Civil Procedure.

URL:http://www.tba.org/tba_files/TSC_RULES/rule406_ord.WP6
Opinion-Flash

THE TOWN OF COLLIERVILLE,   
TENNESSEE, SCHILLING, INC.,     
JANE PORTER FEILD, and      
JOEL H. PORTER
vs.
NORFOLK SOUTHERN RAILWAY    
COMPANY

Court:TCA

Attorneys:

RALPH T. GIBSON
EVERETT B. GIBSON LAW FIRM
Memphis, Tennessee
Attorney for Appellant

HOMER B. BRANAN, III
BRIAN L. KUHN
HAROLD W. FONVILLE, II
FARRIS, MATTHEWS, GILMAN,
BRANAN & HELLEN, P.L.C.
Memphis, Tennessee
Attorneys for Appellee Town of Collierville, Tennessee

JOHN McQUISTON, II
EVANS & PETREE
Memphis, Tennessee
Attorney for Appellee Schilling, Inc.

C. THOMAS CATES
BURCH, PORTER & JOHNSON, PLLC
Memphis, Tennessee
Attorney for Appellees Jane Porter Feild and Joel H. Porter
                          
Judge:HIGHERS

First Paragraph:

Defendant Norfolk Southern Railway Company appeals the trial court's
orders of possession entered in favor of Plaintiff/Appellee Town of
Collierville in two eminent domain cases.  In entering its orders of
possession, the trial court ruled that, as a matter of law, the Town
of Collierville had the right to condemn easements across Norfolk
Southern's railroad track for the purpose of constructing two grade
crossings and that Norfolk Southern was not entitled to an evidentiary
hearing on the right-to take issue.  For the reasons hereinafter
stated, we reverse the trial court's orders of possession and remand
for further proceedings.

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

DARIS BARRETT
vs.
STATE OF TENNESSEE

Court:TCCA

Judge:SMITH

First Paragraph:

The petitioner, Daris Barrett, appeals the order of the Shelby County
Criminal Court denying his petition for post-conviction relief after
an evidentiary hearing.  Petitioner was indicted with one (1) count of
first degree murder and one (1) count of conspiracy to commit first
degree murder.  Pursuant to a negotiated plea agreement, petitioner
entered a guilty plea to one (1) count of second degree murder and one
(1) count of conspiracy to commit first degree murder.  He received
concurrent sentences of 35 years as a Range II offender for the murder
charge and 15 years as a Range I offender for the conspiracy charge. 
On appeal, petitioner claims that he received ineffective assistance
of trial counsel and that his guilty plea was not knowingly,
intelligently and voluntarily entered.

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

RANDY L. CARTER
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

BARBARA D. MACINTOSH            JOHN KNOX WALKUP
Peppel, Gomes & MacIntosh       Attorney General & Reporter
Suite 205
474 Perkins Extended            CLINTON J. MORGAN
Memphis, TN 38117               Assistant Attorney General
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493    

                                WILLIAM L. GIBBONS
                                District Attorney General
                
                                ALANDA HORNE
                                Asst District Attorney General
                                201 Poplar Ave. Third Floor
                                Memphis, TN 38103
                          

Judge:WITT

First Paragraph:

The petitioner, Randy L. Carter, appeals pursuant to Rule 3 of the
Tennessee Rules of Criminal Procedure from the Shelby County Criminal
Court's denial of post-conviction relief.  On March 5, 1992, the grand
jury indicted the petitioner for the premeditated and deliberate
murder in the shooting death of Robert Milton.  He pleaded guilty to
second-degree murder on April 27, 1992 and received a sentence of
thirty-five years as a Range II  offender pursuant to a plea
agreement.  Carter filed no direct appeal.  A  timely petition
requesting post-conviction relief was filed on September 20, 1994. 
The trial court held an evidentiary hearing on June 6, 1996 and denied
post-conviction relief in a written order filed on August 27, 1996.  
In this appeal, Carter contends that he entered his guilty plea
involuntarily, and that, but for the errors of counsel, he would not
have pleaded guilty to second-degree murder.

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

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