TBALink Opinion-Flash

March 20, 1998 -- Volume #4 -- Number #052

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

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George Dean
TBALink Chief Editor


EMMA B. CLARK
vs.
RANDY J. PERRY

Court:TCA

Attorneys: 

S. JASPER TAYLOR, IV
Bells, Tennessee
Attorney for Appellant

L. L. HARRELL, JR.
HARRELL & HARRELL
Trenton, Tennessee
Attorney for Appellee
                         
Judge:HIGHERS

First Paragraph:

Defendant Randy J. Perry appeals the trial court's final judgment
rescinding a deed executed by Plaintiff/Appellee Emma B. Clark,
awarding Clark rents received by Perry during his possession of the
subject property, enjoining Perry's lessee from entering the property,
and ordering Perry to pay Clark's attorney's fees.  With the exception
of the award of attorney's fees to Clark, we affirm the trial court's
judgment.

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

STATE OF TENNESSEE
vs.
JOHNNY BALL

Court:TCCA

Attorneys: 

For Appellant:              For Appellee:

Thomas V. Testerman         John Knox Walkup
Attorney                    Attorney General and Reporter
301 East Broadway                   
Newport, TN  37821          Georgia Blythe Felner
                            Counsel for the State 
                            Criminal Justice Division
                            Cordell Hull Building, Second Floor
                            425 Fifth Avenue North     
                            Nashville, TN  37243-0493

                            Richard Vance 
                            Assistant District Attorney General
                            339 East Main Street
                            Newport, TN  37821                         

Judge:WADE

First Paragraph:

The defendant, Johnny Ball, was convicted of theft of property over
the value of $10,000.00.  Tenn. Code Ann. S 39-14-103.  The trial
court imposed a sentence of three years with six months to be served
in jail followed by placement in the Community Corrections Program. 
In this appeal of right, the defendant claims that the evidence was
insufficient, that he should have been entitled to a judgment of
acquittal and that he should have been granted a sentence of
probation.

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

STATE OF TENNESSEE
vs.
MARK DUNLAP

Court:TCCA

Attorneys: 

For Appellant:              For Appellee:

Walter B. Johnson           John Knox Walkup
P.O. Box 2642               Attorney General and Reporter
Knoxville, TN  37901    
                            Janis L. Turner         
                            Counsel for the State 
                            450 James Robertson Parkway
                            Nashville, TN  37243-0493

                            G. Scott Green 
                            Assistant District Attorney General
                            125 Court Avenue, Suite 301
                            Sevierville, TN  37862
                         
Judge:WADE

First Paragraph:

The defendant, Mark Dunlap, entered a best interest plea to a charge
of aggravated assault.  At the conclusion of the sentencing hearing,
the trial court imposed a term of four years, required service of six
months in the county jail, and ordered restitution in the sum of
$9,436.00.  The balance of the sentence is to be served on probation.

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

STATE OF TENNESSEE
vs.
CONNIE L. FULTON

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

Robert M. Brannon, Jr.              John Knox Walkup
Attorney at Law                     Attorney General & Reporter
295 Washington Ave., Suite 3        425 Fifth Avenue, North
Memphis, TN 38103                   Nashville, TN 37243-0493

                                    Elizabeth T. Ryan
                                    Assistant Attorney General
                                    425 Fifth Avenue, North
                                    Nashville, TN 37243-0493

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

                                    Karen Cook
                                    Asst District Attorney General
                                    201 Poplar Avenue, Suite 3-01
                                    Memphis, TN 38103
                          
Judge:Jones

First Paragraph:

The appellant, Connie L. Fulton (defendant), appeals as of right from
a judgment of the trial court revoking her probation and refusing to
impose a second alternative sentence.  In this court, the defendant
challenges the refusal of the trial court to impose a second
alternative sentence after revoking her probation.  After a thorough
review of the record, the briefs submitted by the parties, and the law
governing the issue 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/fultoncl_opn.WP6
Opinion-Flash

CHARLIE GILMORE, JR.
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

Deborah M. Henderson            John Knox Walkup
Attorney at Law                 Attorney General & Reporter
50 N. Front St., Ste 1150       425 Fifth Avenue, North
Memphis, TN  38103              Nashville, TN  37243-0493

                                Elizabeth T. Ryan
                                Assistant Attorney General
                                425 Fifth Avenue, North
                                Nashville, TN  37243-0493

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

                                Jerry R. Kitchen
                                Asst District Attorney General
                                201 Poplar Avenue, Suite 3-01
                                Memphis, TN  38103
                         
Judge:Jones

First Paragraph:

The appellant, Charlie Gilmore, Jr. (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 evidence contained in the record establishes he was
denied his constitutional right to the effective assistance of
counsel.  After a thorough review of the record, the briefs submitted
by counsel, and the law governing the issue 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/gilmorec_opn.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
LARRY F. MORRIS

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

BILL ANDERSON, JR.          JOHN KNOX WALKUP
138 N. Third St.            Attorney General and Reporter
Memphis, TN 38103
                            KENNETH W. RUCKER
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-4351

                            WILLIAM L. GIBBONS
                            District Attorney General

                            PAUL F. GOODMAN
                            RHEA CLIFT
                            Assistant District Attorneys
                            201 Poplar Avenue - 3rd Floor
                            Memphis, TN 38103                          

Judge:SMITH

First Paragraph:

On February 8, 1996, a Shelby County jury found Appellant, Larry F.
Morris, guilty of aggravated sexual battery. The trial court conducted
a sentencing hearing and sentenced Appellant to eight years in the
Tennessee Department of Corrections as a standard Range I offender.

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

RICKY L. SAMMARTINO
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

Vanedda Prince              John Knox Walkup
Attorney at Law             Attorney General & Reporter
P. O. Box 26                425 Fifth Avenue, North
Union City, TN  38281       Nashville, TN  37243-0493

                            Elizabeth T. Ryan
                            Assistant Attorney General
                            425 Fifth Avenue, North
                            Nashville, TN  37243-0493

                            C. Phillip Bivens
                            District Attorney General
                            P. O. Box E
                            Dyersburg, TN  38025                          

Judge:Jones

First Paragraph:

The appellant, Ricky L. Sammartino (petitioner), appeals as of right
from a judgment of the trial court dismissing his post-conviction
action after an evidentiary hearing.  The trial court found the
petitioner was afforded the effective assistance of counsel guaranteed
by the United States and Tennessee Constitutions, and his pleas of
guilty passed constitutional muster.  The petitioner presents two
issues for review.  He contends (a) "the trial court erred in holding
that the Appellant received the effective assistance of counsel," and
(b) "the trial court erred in holding that the Petitioner voluntarily
entered a plea of guilty."  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.

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

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