TBALink Opinion-Flash

March 19, 1998 -- Volume #4 -- Number #051

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
00-New Opinons From TCA
16-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


BELINDA DUNLAP
vs.                                     
NAGLE INDUSTRIES

Court:TSC - Workers Comp Panel

Attorneys: 

For Appellant:                           For Appellee:

William G. McCaskill                     Stacy A. Turner
Taylor, Philbin, Pigue, Marchetti        Clarksville, Tennessee
& Bennett
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 contends
the evidence preponderates against the trial court's award of
permanent partial disability benefits based on twenty-five percent to
the body as a whole.  As discussed below, the panel has concluded the
judgment should be modified and affirmed.

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

DAVID RICHARDS
vs.                                       
SATURN CORPORATION

Court:TSC - Workers Comp Panel

Attorneys:

For Appellant:                           For Appellee:

Thomas H. Peebles                        J. Anthony Arena
Brian A. Lapps                           Schulman, LeRoy & Bennett
Mark W. Peters                           Nashville, Tennessee
Waller, Lansden, Dortch & Davis
Columbia, 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 states the
issues.

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

STATE OF TENNESSEE
vs.
PAT BONDURANT

Court:TCCA

Attorneys:

FOR APPELLANT:                          FOR THE APPELLEE:

(On Appeal and Motion for New Trial)    John Knox Walkup
William P. Redick, Jr.                  Attorney General & Reporter
P.O. Box 187        
Whites Creek, TN 37189                  Darian B. Taylor
                                        Asst Attorney General
Peter D. Heil                           Criminal Justice Division
866 Battery Lane                        450 James Robertson Parkway
Nashville, TN 37220                     Nashville, TN 37243-0485 

(At Trial)                              T. Michael Bottoms
Jerry C. Colley                         District Attorney General        
John Colley
Colley & Colley                         James C. Sanders
P.O. Box 1476                           Asst District Atty General
Columbia, TN 38402-1476  
                                        James G. White, II
                                        Asst District Atty General
                                        P.O. Box 1619
                                        Columbia, TN 38402-1619
                          
Judge:WITT

First Paragraph:

In this capital case, the defendant, Pat Bondurant, was convicted by a
jury of first-degree premeditated murder and arson.  At a separate
sentencing hearing, the jury found the following aggravating factors: 
(1) the defendant was previously convicted of one or more felonies
involving the use or threat of violence, and (2) the murder was
especially heinous, atrocious, or cruel in that it involved torture or
depravity of mind.  See Tenn. Code Ann. S 39-2-203(i)(2) and (5)
(1982).  The jury found that there were no mitigating circumstances
sufficiently substantial to outweigh the aggravating circumstances and
sentenced the defendant to death by electrocution.

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

JOSEPH L. BROWN
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

Howard B. Manis                 John Knox Walkup
Attorney at Law                 Attorney General & Reporter
200 Jefferson Ave., Ste 1313    425 Fifth Avenue, North
Memphis, TN  38103              Nashville, TN  37243-0493

                                Clinton J. Morgan
                                Counsel for the State
                                425 Fifth Avenue, North
                                Nashville, TN  37243-0493

                                William L. Gibbons
                                District Attorney General
                                201 Poplar Ave., Suite 3-01
                                Memphis, TN  38103

                                Daniel R. Woody
                                Asst District Attorney General
                                201 Poplar Avenue, Suite 3-01
                                Memphis, TN  38103                          

Judge:Jones

First Paragraph:

The appellant, Joseph L. Brown (petitioner), appeals as of right from
a judgment of the trial court dismissing his post-conviction action
after an evidentiary hearing.  In this court, the petitioner contends
the trial court "erred in failing to Sustain your Petitioner's
Petition for Post Conviction Relief, and grant him a new trial in his
case."  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 pursuant to Rule 20, Tennessee Court of Criminal
Appeals.  The evidence contained in the record does not preponderate
against the trial court's findings of fact.

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

STATE OF TENNESSEE
vs.
HELEN K. DAVIS

Court:TCCA

Attorneys:

FOR THE APPELLANT:

A. C. WHARTON, JR.
Shelby County Public Defender

TONY BRAYTON (on appeal)
Assistant Public Defender
201 Poplar Avenue, Suite 201
Memphis, TN 38103

TERESA JONES (at trial)
Assistant Public Defender
201 Poplar Avenue, Suite 201
Memphis, TN 38103
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

LEE COFFEE
Assistant District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN 38103                          

Judge:SMITH

First Paragraph:

The defendant, Helen K. Davis, appeals as of right from convictions of
three (3) counts of simple robbery, Class C felonies.  She pled guilty
and agreed to concurrent terms of eight (8) years as a Range II
offender.  The sole issue presented for review is whether the trial
court erred in denying the defendant probation.  We affirm the
judgment of the trial court.

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

CHARLES E. DORSE, JR.   
and EDDIE L. WILLIAMS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR APPELLANT DORSE:

C. ANNE TIPTON
140 North Third Street
Memphis, TN 38103-2007

FOR APPELLANT WILLIAMS:

JIM N. HALE
(At Hearing)
147 Jefferson Avenue, Suite 1204
Memphis, TN 38103

GERALD STANLEY GREEN
(On Appeal)
147 Jefferson Avenue, Suite 1115
Memphis, TN 38103

FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

DEBORAH A. TULLIS
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

WILLIAM L. GIBBONS
District Attorney General

DANIEL R. WOODY
Assistant District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN 38103-1947                          

Judge:SMITH

First Paragraph:

The petitioners, Charles E. Dorse, Jr. and Eddie L. Williams, appeal
the order of the Shelby County Criminal Court denying their respective
petitions for post-conviction relief after an evidentiary hearing.  On
appeal, petitioners allege ineffective assistance of both trial and
appellate counsel.  Dorse further argues that, at trial, the jury was
charged with an unconstitutional reasonable doubt instruction. 
Williams presents three additional issues: (1) whether the original
trial court properly refused to suppress his statement to the police;
(2) whether the original trial court properly refused to sever the
defendants; and (3) whether the post-conviction court properly
consolidated the subject petitions at the hearing.  Because we agree
with the trial court's finding that Dorse's trial counsel failed to
notify him of his right to seek second tier appellate review, we grant
him the right to seek a delayed appeal to the Tennessee Supreme Court.
 In all other respects, the judgment of the trial court is affirmed.

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

JERRY DALE DUFFEY
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

Curtis H. Gann                  John Knox Walkup
Assistant Public Defender       Attorney General & Reporter
P.O. Box 1119                   425 Fifth Avenue, North
Fayetteville, TN 37334          Nashville, TN 37243-0493
(Appeal Only)
                                Ellen H. Pollack
Michael D. Randles              Assistant Attorney General
Assistant Public Defender       450 James Robertson Parkway
P.O. Box 1119                   Nashville, TN 37243-0493
Fayetteville, TN 37334
(Trial Only)                    W. Michael McCown
                                District Attorney General
OF COUNSEL:                     P.O. Box 904
                                Fayetteville, TN 37334
John H. Dickey
District Public Defender        Weakley E. Barnard
P.O. Box 1119                   Asst District Attorney General
Fayetteville, TN 37334          Marshall County Courthouse
                                Lewisburg, TN 37091
                         
Judge:Jones

First Paragraph:

The appellant, Jerry Dale Duffey (petitioner), appeals as of right
from a judgment of the trial court dismissing his post-conviction
action following an evidentiary hearing.  The petitioner contends (a)
the trial judge committed error of prejudicial dimensions by refusing
to recuse himself and (b) the evidence contained in the record
establishes the petitioner was denied his constitutional right to the
effective assistance of counsel.  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/duffeyjd_opn.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
GENE GRUZELLA

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:


D. STUART CAULKINS              JOHN KNOX WALKUP
212 E. Main St.                 Attorney General & Reporter
Franklin, TN   37064
                                ELIZABETH B. MARNEY
                                Asst. Attorney General
                                425 Fifth Ave., N.                                      
                                Nashville, TN  37243-0493
                
                                JOSEPH D. BAUGH
                                District Attorney General

                                RONALD L. DAVIS
                                Asst. District Attorney General
                                P.O. Box 937
                                Franklin, TN   37065-0937
                                                         
Judge:PEAY

First Paragraph:

The defendant was charged with unlawfully disposing of a corpse and
with mistreating a corpse.  A jury acquitted him of the first offense
but convicted him of the latter.  The defendant was subsequently
sentenced to six years incarceration.  In this appeal as of right, the
defendant challenges the sufficiency of the evidence and the
constitutionality of the statute which he was convicted of violating. 
Upon our review of the record, we reverse the defendant's conviction
and dismiss the charge against him.

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

STATE OF TENNESSEE
vs.
CLARENCE JACKSON

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

H. Marshall Judd                John Knox Walkup
Assistant Public Defender       Attorney General & Reporter
215 Reagan Street               425 Fifth Avenue, North
Cookeville, TN 38501            Nashville, TN 37243-0493

OF COUNSEL:                     Georgia Blythe Felner
                                Counsel for the State
David N. Brady                  425 Fifth Avenue, North
District Public Defender        Nashville, TN 37243-0493
215 Reagan Street
Cookeville, TN 38501            William E. Gibson
                                District Attorney General
                                145 South Jefferson Avenue
                                Cookeville, TN 38501-3424

                                Lillie Ann Sells
                                Asst District Attorney General
                                145 South Jefferson Avenue
                                Cookeville, TN 38501-3424
                         
Judge:Jones

First Paragraph:

The appellant, Clarence Jackson (defendant), was convicted of two (2)
counts of sexual battery, a Class E felony, by a jury of his peers. 
The trial court, finding the defendant to be a standard offender,
imposed a Range I sentence consisting of confinement for two (2) years
in the Department of Correction in each count.  The sentences were
ordered to be served consecutively for an effective sentence of four
(4) years.  The defendant presents nine issues for review.  However,
this court finds there are only three issues presented for review. 
The defendant contends (a) the evidence is insufficient, as a matter
of law, to support his convictions, (b) the trial court erred by
admitting into evidence his statement to a law enforcement officer
because it contained inadmissible hearsay, and (c) the sentences
imposed by the trial court are excessive.  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 two convictions for sexual battery should be affirmed.  However,
the sentences are modified.  The sentences are to be served
concurrently rather than consecutively.

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

VITO ANTHONY LICARI
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

Phillip G. Hollis           John Knox Walkup
Attorney at Law             Attorney General & Reporter
39 North Court Square       425 Fifth Avenue, North
Camden, TN  38320           Nashville, TN  37243-0493

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

                            G. Robert Radford
                            District Attorney General
                            P. O. Box 686
                            Huntingdon, TN  38344-0686

                            Todd A. Rose
                            Asst District Attorney General
                            P. O. Box 94
                            Paris, TN  38242                          

Judge:Jones

First Paragraph:

The appellant, Vito Anthony Licari (petitioner), appeals as of right
from a judgment of the trial court dismissing his post-conviction
action.  In this court, the petitioner contends his plea of guilty
failed to pass constitutional muster because the trial court's
explanation regarding the right to confront the State of Tennessee's
witnesses was inaccurate.  He argues his plea is infirm due to a
misstatement made by the trial court during the submission hearing,
and this same error rendered the guilty plea involuntary.  The
petitioner also contends the trial court failed to determine that his
guilty plea was freely and voluntarily given. The petitioner raises a
third issue that "the court fail[ed] to follow the directions of Rule
11 to the extent that the defendant is entitled to post-conviction
relief."  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 pursuant to Rule 20, Tennessee Court of Criminal
Appeals.  The evidence contained in the record does not preponderate
against the findings of fact made by the trial court.  Clenny v.
State, 576 S.W.2d 12, 14 (Tenn. Crim. App. 1978), cert. denied, 441
U.S. 947, 99 S.Ct. 2170, 60 L.Ed.2d 1050 (1979).

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

STATE OF TENNESSEE
vs.
ANTONIO S. MOORE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

J. C. McLin                     John Knox Walkup
Attorney at Law                 Attorney General & Reporter 
301 Washington Ave., Ste 201
Memphis, TN 38103               Georgia Blythe Felner
                                Counsel for the State
Lee Wilson                      Criminal Justice Division
Attorney at Law                 450 James Robertson Parkway
200 Jefferson                   Nashville, TN 37243-0493
Memphis, TN 38103
(At Trial)                      William L. Gibbons
                                District Attorney General

                                Perry Hayes
                                Asst District Attorney General
                                201 Poplar Avenue, Suite 301
                                Memphis, TN 38103
                             

Judge:SUMMERS

First Paragraph:

Antonio Moore, the appellant, pled guilty to possession of cocaine
with intent to sell in an amount less than one-half of a gram.  The
appellant agreed to a three-year sentence, with the court to determine
whether the appellant should receive probation.  The court ordered the
appellant to serve eleven months twenty-nine days in jail followed by
two years of community corrections.  Appellant appeals, and the sole
issue for our review is whether the court should have granted the
appellant full probation.  He requests a nonincarcerative alternative
sentence.

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

STATE OF TENNESSEE
vs.
HARVEY D'HATI MOORE

Court:TCCA

Attorneys: 

For Appellant:                  For Appellee:

William L. Brown                John Knox Walkup
706 Walnut Street, Ste 902      Attorney General and Reporter
Knoxville, TN  37902            450 James Robertson Parkway
(at trial and on appeal)        Nashville, TN  37243-0493

M. Jeffrey Whitt                Sandy C. Patrick
706 Walnut Street, Ste 902      Assistant Attorney General
Knoxville, TN  37902            Cordell Hull Building, Second Fl.
(at trial only)                 425 Fifth Avenue North
                                Nashville, TN  37243-0943

                                Randall E. Nichols
                                District Attorney General
                                and
                                Fred Bright, Jr.
                                Asst District Attorney General                          
                                City-County Building
                                Knoxville, TN  37902
                         
Judge:WADE

First Paragraph:

The defendant, Harvey D'Hati Moore, was indicted for the first-degree
child abuse murder of Kadijah Hopewell.  See Tenn. Code Ann. S
39-13-202(a)(4) (Supp. 1993).  The jury returned a verdict of guilt of
the lesser grade offense of criminally negligent homicide.  See
Tenn.Code Ann. S 39-13-212.  The trial court imposed a sentence of 452
days, which the defendant had already served by the time of trial.

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

STATE OF TENNESSEE
vs.
DANIEL D. NAUGHTON, SR.

Court:TCCA

Attorneys: 

For the Appellant:              For the Appellee:

A C Wharton                     John Knox Walkup
Public Defender                 Attorney General and Reporter
    
Tony N. Brayton                 Elizabeth T. Ryan
Asst. Public Defender           Assistant Attorney General      
201 Poplar St., Suite 201       Criminal Justice Division
Memphis, TN  38103              450 James Robertson Parkway
                                Nashville, TN 37243-0493            
                        
                                William L. Gibbons
                                District Attorney General

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

First Paragraph:

The appellant, Daniel D. Naughton, was found guilty of one count of
aggravated child abuse by a Shelby County jury.  Following this
verdict, the trial court imposed the maximum sentence of twelve years
confinement in the Tennessee Department of Correction.

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

STATE OF TENNESSEE
vs.
RICHARD D. SAWYER

Court:TCCA

Attorneys: 

For Appellant:                      For Appellee:

Robert S. Peters                    John Knox Walkup
Swafford, Peters & Priest           Attorney General and Reporter
100 First Avenue, Southwest             
Winchester, TN  37398               Ruth Anne Thompson          
(at trial and on appeal)            Counsel for the State 
                                    425 Fifth Avenue North 
Timothy Priest                      Cordell Hull Bldg, Second Fl.
Swafford, Peters & Priest           Nashville, TN  37243-0493
100 First Avenue, Southwest
Winchester, TN  37398               Stephen M. Blount 
(at sentencing)                     Asst District Attorney General
                                    324 Dinah Shore Boulevard 
                                    Winchester, TN  37398
                         
Judge:WADE

First Paragraph:

The defendant, Richard D. Sawyer, was convicted of driving under the
influence, third offense, and driving on a revoked license, second
offense.  The trial court imposed concurrent sentences of eleven
months and twenty-nine days for driving under the influence and ninety
days for driving on a revoked license.  See Tenn. Code Ann.  SS
55-10-401(a) and 55-50-504(a)(1).  The defendant was fined $1,050.00.

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

STATE OF TENNESSEE
vs.
MARY SCHWARTZ

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

LARRY D. DROLSUM                JOHN KNOX WALKUP
Assistant Public Defender       Attorney General and Reporter
407 C Main Street
P.O. Box 68                     RUTH A. THOMPSON
Franklin, TN 37065-0068         Assistant Attorney General
                                425 5th Avenue North
                                Nashville, TN 37243

                                JOSEPH D. BAUGH, JR.
                                District Attorney General

                                JOHN BARRINGER
                                Asst District Attorney General
                                P.O. Box 937
                                Franklin, TN 37065-0937
                         
Judge:WELLES

First Paragraph:

The Defendant, Mary Schwartz, appeals as of right pursuant to Rule 3
of the Tennessee Rules of Appellate Procedure.  She was convicted at a
bench trial of driving under the influence of an intoxicant ("DUI"). 
The trial court sentenced her to thirty days in the county jail, all
suspended except for forty-eight hours, and eleven months and
twenty-nine days of probation.  The trial court also imposed a fine of
three hundred fifty dollars ($350), ordered the Defendant to attend
alcohol safety school, and revoked her driver's license for one year. 
In this appeal, the Defendant argues that the evidence was legally
insufficient to support her conviction.  After reviewing the record,
we conclude that the Defendant's issue lacks merit.  Accordingly, we
affirm the judgment of the trial court.

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

KENNETH A. STEELE
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For Appellant:                      For Appellee:

Jeffery S. Frensley, Attorney       John Knox Walkup 
211 Third Avenue North              Attorney General and Reporter
P.O. Box 198288             
Nashville, TN  37219-8288           Daryl J. Brand 
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493

                                    Stan Lanzo
                                    H.C. Bright
                                    Asst District Attys General
                                    Hamilton County Justice Bldg
                                    Chattanooga, TN  37402
                                                  

Judge:WADE

First Paragraph:

Indicted on twenty-one separate indictments involving eight victims,
the petitioner, Kenneth Alan Steele, was convicted on each count.  The
charges included burglary, armed robbery, aggravated robbery, rape,
aggravated assault, assault with intent to commit rape, and theft of
property.  The Court of Criminal Appeals affirmed the convictions. 
State v. Kenneth Alan Steele, No. 03C01-9207 CR-00233 (Tenn. Crim.
App., at Knoxville, Oct. 13, 1993).  Application for permission to
appeal to the supreme court was denied.

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

DANIEL B. TAYLOR
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

Daniel B. Taylor, pro se            John Knox Walkup
Northwest Correctional Center       Attorney General & Reporter
Route 1, Box 660                    425 Fifth Avenue, North
Tiptonville, TN  38079              Nashville, TN  37243-0493

Wayne Chastain                      Kenneth W. Rucker
Attorney at Law                     Assistant Attorney General
66 Monroe Avenue, Suite 804         425 Fifth Avenue, North
Memphis, TN  38103                  Nashville, TN  37234-0493
(Trial Only)                
                                    William L. Gibbons
                                    District Attorney General
                                    201 Poplar Avenue, Suite 3-01
                                    Memphis, TN  38103

                                    C. Alanda Horne
                                    Asst District Attorney General
                                    201 Poplar Avenue, Suite 3-01
                                    Memphis, TN  38103                          
                                    
Judge:Jones

First Paragraph:

The appellant, Daniel B. Taylor (petitioner), appeals as of right from
a judgment of the trial court summarily dismissing his post-conviction
action.  The trial court found the petitioner "has failed to raise any
issue which has not been previously determined" and "an evidentiary
hearing is not necessary for a resolution of any issue before this
Court."  The petitioner presents four issues for review.  He contends
(a) the dismissal of his action on the ground the issues were
previously determined violated his constitutional rights, (b) the
State of Tennessee (state) failed to respond to each ground alleged in
his petition, (c) the order of dismissal was incomplete because it
does not address all of the grounds alleged in his petition, and (d)
the dismissal of his petition "resulted in denial of meaningful access
to justice, and the fundamental fairness, to an adequate opportunity
to present issues fairly within the post-conviction adversary system."
 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/taylordb_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