TBALink Opinion-Flash

March 13, 1998 -- Volume #4 -- Number #047

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

There are three ways to get the full opinion from the Web: (TBALink members only)

  • Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text version of the opinion.

  • *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original WP 6.0 document. version of the opinion.

  • Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.

George Dean
TBALink Chief Editor



                    SUPREME COURT OF TENNESSEE
                STATE LIST FOR PERMISSION TO APPEAL
                 March 9, 1998 - 2:00 p.m. Release                      


Court:TSC - Rules

URL:http://www.tba.org/tba_files/TSC_RULES/statelst21_wpd.WP6
Opinion-Flash

FIRST AMERICAN NATIONAL BANK
vs.
ALEXANDER SMITH and 
BETTY K. SMITH

Court:TCA

Attorneys:

Marcus M. Reaves, Jackson, Tennessee, for Defendants/Appellants.

James Belew Webb, Milan, Tennessee, for Plaintiff/Appellee.
                          
Judge:FARMER

First Paragraph:

Alexander Smith and Betty K. Smith appeal from a judgment entered
against them in favor of First American National Bank (Bank).  The
Bank sued to recover the deficiency owed on a note executed by Mr. and
Mrs. Smith after sale of the collateral, a 1990 Chevrolet van, and for
interest and attorney's fees as provided in the note.  The Smiths
filed a counterclaim alleging that the Bank breached its agreement to
allow them to refinance and for the value of items of personal
property and contracts which were in the van at the time it was
repossessed and resulting loss of business due to loss of the
contracts.  The chancellor denied recovery on the counter complaint.

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

STATE OF TENNESSEE
vs.
MICHAEL DINKINS

Court:TCCA

Attorneys: 

For the Appellant:              For the Appellee:

Walker Guinn                    John Knox Walkup
Assistant Public Defender       Attorney General and Reporter
201 Poplar Street 2-01  
Memphis, TN  38103              Elizabeth T. Ryan
                                Assistant Attorney General                              
                                Criminal Justice Division
A. C. Wharton, Jr.              450 James Robertson Parkway
District Public Defender        Nashville, TN 37243-0493                
                        
                                William Gibbons
                                District Attorney General

                                Lee Coffee
                                Asst. District Attorney General
                                Criminal Justice Complex
                                Suite 301, 201 Poplar St.
                                Memphis, TN  38103
                         
Judge:Hayes

First Paragraph:

The appellant, Michael Dinkins, was convicted by a Shelby County jury
of aggravated assault and theft of property under $500.  The trial
court imposed consecutive sentences of four years for the aggravated
assault conviction and eleven months and twenty-nine days for the
theft conviction.  In this appeal as of right, the appellant contends
that: (1) the trial court erred by failing to properly instruct the
jury regarding eyewitness identification as required by Dyle; and (2)
the trial court erred by providing to the jury parole eligibility
information.

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

STATE OF TENNESSEE
vs.
DARRELL LEE EMERSON

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

MIKE MOSIER                 JOHN KNOX WALKUP
204 West Baltimore          Attorney General and Reporter
P. O. Box 1623
Jackson, TN 38302-1623      WILLIAM DAVID BRIDGERS
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243

                            JERRY WOODALL
                            District Attorney General

                            NICK NICOLA
                            Assistant District Attorney
                            P. O. Box 2825
                            Jackson, Tn 38302
                          

Judge:SMITH

First Paragraph:

On May 19, 1995, a Madison County Circuit Court jury found Appellant
Darrell Lee Emerson guilty of attempted second-degree murder,
aggravated assault, two counts of reckless endangerment, possession of
marijuana with intent to sell, possession of marijuana with intent to
deliver, possession of drug paraphernalia, and possession of a deadly
weapon with intent to employ it during the commission of a felony. 
The trial judge merged the possession with intent to deliver
conviction with the conviction for possession with intent to sell.  As
a Range I standard offender, Appellant was sentenced to twelve years
for attempted second-degree murder, six years for aggravated assault,
two years for each count of reckless endangerment, two years for
possession of marijuana with intent to sell, eleven months and
twenty-nine days for possession of drug paraphernalia, and two years
for possession of a deadly weapon with intent to employ it during the
commission of a felony.  All sentences were ordered to run
concurrently.

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

LARRY G. HART
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:            FOR THE APPELLEE:


MS. NAN BARLOW                JOHN KNOX WALKUP
Attorney At Law               Attorney General & Reporter
P.O. Box 398
Savannah, TN 38372            SANDY R. COPOUS
                              Assistant Attorney General
                              450 James Robertson Parkway
                              Nashville, TN 37243-0493

                              JOHN OVERTON
                              Assistant Attorney General
                              Hardin County Courthouse
                              Savannah, TN 38372
                          
Judge:WITT

First Paragraph:

The defendant, Larry G. Hart, appeals from the Hardin County Circuit
Court's dismissal of his post-conviction petition.  The defendant was
convicted in the trial court on December 13, 1993 of possession of
more than .5 grams of cocaine (Schedule II) with intent to sell, and
this court affirmed the conviction on June 29, 1995.  State v. Larry
G. Hart, No. 02C01-9406-CC 00111 (Tenn. Crim. App., Jackson, June 28,
1995), supplemental opinion on motion for rehearing (Tenn. Crim. App.,
Jackson, July 26, 1995).  The post conviction matter now before us was
initiated by the filing of a post-conviction petition in the trial
court on March 20, 1996.  After the appointment of counsel and the
filing of a brief and an amended petition, a post-conviction hearing
was held on July 29, 1996.  The trial court entered an order on August
7, 1996, denying post-conviction relief.  It is from this order that
the defendant appeals.  After a complete review of the record and the
briefs, we affirm.

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

STATE OF TENNESSEE
vs.
JAMES H. MABRY

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

Seymour S. Rosenberg        John Knox Walkup
Attorney at Law             Attorney General & Reporter
371 Carroll Avenue
Memphis, TN 38105           Deborah A. Tullis       
                            Assistant Attorney General
                            Cordell Hull Building, 2d Floor
                            425 Fifth Avenue North
                            Nashville, TN 37243    

                            William L. Gibbons
                            District Attorney General
                        
                            Charles W. Bell, Jr.
                            Assistant District Attorney General
                            201 Poplar Avenue, Suite 301
                            Memphis, TN 38103
                                     
Judge:SUMMERS

First Paragraph:

The appellant, James H. Mabry, was convicted by a jury of first degree
murder and sentenced to life in prison for the shooting death of his
girlfriend, Aretha Howard.   The appellant's sole issue for our review
is whether the evidence is sufficient regarding premeditation to
support his conviction for first degree murder.  We reverse the
judgment of first degree murder, modify it to second degree murder,
and remand the case to the trial court for the appellant's sentencing
for second degree murder.

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

STATE OF TENNESSEE
vs.
LARRY TORRES

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

A C Wharton, Jr.                John Knox Walkup
Shelby County Public Defender   Attorney General & Reporter 

Walker Gwinn                    Janis L. Turner
Assistant Public Defender       Counsel for the State
                                Criminal Justice Division
William C. Moore, Jr.           450 James Robertson Parkway
Assistant Public Defender       Nashville, TN 37243-0493
201 Poplar Avenue, Ste 201
Memphis, TN 38103               William L. Gibbons
(At Trial)                      District Attorney General

                                John Campbell
                                Asst District Attorney General
    
                                Jerry R. Kitchen
                                Asst District Attorney General
                                201 Poplar Avenue, Suite 301
                                Memphis, TN 38103
                         

Judge:SUMMERS

First Paragraph:

Larry Torres, the appellant, pled guilty in the Shelby County Criminal
Court to the unlawful possession of over ten pounds of marijuana with
intent to sell.  He agreed to a three-year sentence.  The trial court
denied Mr. Torres' petition for a suspended sentence.  Appellant
appeals, arguing that the trial court should have imposed a sentence
of split confinement or probation.  We affirm.

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

MICHAEL ALLEN UNDERWOOD
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:

DAVID M. LIVINGSTON
111 West Main Street
Brownsville, TN 38012
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

KENNETH W. RUCKER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

WILLIAM L. GIBBONS
District Attorney General

TERRELL L. HARRIS
Assistant District Attorney General
201 Poplar Street, Suite 301
Memphis, TN 38103-1947                          

Judge:RILEY

First Paragraph:

The petitioner, Michael Allen Underwood, appeals the trial court's
denial of post-conviction relief.  The trial court found the state met
its burden of proving by clear and convincing evidence the petitioner
knowingly and voluntarily pled guilty to various offenses.  The
judgment of the trial court is affirmed.

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

Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/

Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank

Non TBA members are WELCOME to subscribe...it's free!!

Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank


© Copyright 1996-1997 Tennessee Bar Association