TBALink Opinion-Flash

April 9, 1998 -- Volume #4 -- Number #063

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

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George Dean
TBALink Chief Editor


REBECCA FAY WOODS,  
HARRY B. WOODS, JR., AND    
SHIRLEY ANN WOODS
vs.
HARRY B. WOODS PLUMBING 
COMPANY, INC., HARPETH  
CONSTRUCTION CO., INC., AND 
TRAVELERS INSURANCE COMPANY

Court:TSC

Attorneys:

FOR APPELLANTS:         FOR APPELLEES, Harpeth                          
                        Construction Co., Inc. and Travelers
Othal Smith, Jr.        Insurance Company:
Nashville
                        William G. McCaskill, Jr.
                        Taylor, Philbin, Pigue, Marchetti &
                        Bennett
                        Nashville                          

Judge:HOLDER

First Paragraph:

We granted this workers' compensation appeal to address two issues: 
(1)  whether the decedent's death arose out of and in the course of
employment; and (2)  whether the decedent was the initial aggressor;
and if so, whether the aggressor doctrine precluded recovery.  We find
that the decedent's death arose out of and in the course of
employment.  As to the second issue, we hold the common law aggressor
defense as it relates to workers' compensation claims under the Act is
abolished in Tennessee and does not bar the decedent's recovery.

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

FANNIE CARTER
vs.
NATIONAL HEALTH CARE            
CENTER, ET AL

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellee:                   For the Appellant:
Robert Davies                       Barbara Medley
150 Second Avenue North             520 North Ellington Parkway
Suite 225                           Lewisburg, Tennessee 37091
Nashville, Tennessee 372l9
                          
Judge:Gayden

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. S 50-6-225(e)(3) for hearing and reporting of
fact and conclusions of law.  In this two-sided appeal, the plaintiff
contends that the trial court erred in denying the recovery of
incurred  medical expenses;  the defendant contends the trial court
erred in granting the plaintiff temporary total benefits and permanent
partial disability benefits.  The focus of this dispute is plaintiff's
employment application wherein, the defendant contends it was not
correctly filled out by the plaintiff,  and was materially 
misleading, and therefore the plaintiff is estopped from claiming
benefits.

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

ROVENE LOWE
vs.
WINNIE SUE SANDERS CANNON
and husband, ROBERT CANNON

Court:TCA

Attorneys:

William T. Looney of Paris
For Appellee

Teresa McCaig Marshall of Paris
For Appellants
                          
Judge:CRAWFORD

First Paragraph:

This is a suit to establish a resulting trust and to recover for the
breach thereof.  Plaintiff/Appellee Rovene Lowe (Lowe) brought suit
alleging a resulting trust and seeking damages arising from an alleged
breach by Defendants/Appellants Winnie Sue Sanders Cannon (Mrs.
Cannon) and Robert Cannon (Mr. Cannon).  The trial court found that
Lowe had proven the existence of a resulting trust and that the
Cannons had breached the trust.  Consequently, the trial court awarded
Lowe $15,840 in damages.  The Cannons appeal.

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

MOHAMED F. ALI
vs. 
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:


MOHAMED F. ALI                  JOHN KNOX WALKUP
P.O. Box 5000                   Attorney General & Reporter
North East Correctional Ctr
Mountain City, TN 37683         MICHAEL J. FAHEY, II
                                Assistant Attorney General
                                425 Fifth Avenue North
                                2nd Floor, Cordell Hull Bldg.
                                Nashville, TN 37243                          

Judge:CLARK

First Paragraph:

The defendant appeals from the trial court's summary dismissal of his
Petition for Writ of Habeas Corpus.  He contends that the underlying
conviction is void because it is based on an invalid indictment.  We
affirm the trial court.

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

STATE OF TENNESSEE
vs.
JAMES RAY BARTLETT

Court:TCCA

Attorneys:

For Appellant:                  For Appellee: 

A. Jackson Dearing, III         Charles W. Burson
117 S. Main Street              Attorney General & Reporter
Shelbyville, TN  37160          
(on appeal)                     Eugene J. Honea
                                Assistant Attorney General
Robert Peters                   450 James Robertson Parkway
100 First Ave., S.W.            Nashville, TN  37243-0493
Third National Bank
Winchester, TN  37398           Michael McCown
(at trial)                      Attorney General
                                Marshall County Courthouse
                                Lewisburg, TN  37091

                                Charles Crawford
                                Assistant District Attorney General
                                215 E. College Street
                                Fayetteville, TN  37334                          

Judge:WADE

First Paragraph:

The defendant, James Ray Bartlett, was indicted for DUI, driving on a
revoked license, five counts of reckless driving, resisting arrest,
evading arrest and reckless endangerment.  At the close of the state's
proof, the trial court granted the defendant's motion for acquittal as
to the charge of resisting arrest.  The jury rendered guilty verdicts
as to the remaining counts.  After setting aside the conviction for
reckless endangerment, the trial court sentenced the defendant to ten
months for the DUI; four months and fifteen days for driving on a
revoked license; five months for the reckless driving convictions, all
of which were merged as one offense; and ten months for evading
arrest.  The transcript of the trial indicates sentences were ordered
to be served consecutively for an effective sentence of twenty-nine
months fifteen days with the minimum service at seventy-five percent. 
The judgment form indicates concurrent sentencing for all new
convictions.  The trial court revoked the defendant's community
corrections sentence for prior convictions; these new sentences were
ordered to be served consecutively to the prior offenses according to
the judgment form.

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

STATE OF TENNESSEE
vs.
LARRY BLAIR

Court:TCCA

Attorneys: 

FOR THE APPELLANT:               FOR THE APPELLEE:


KARL DEAN                       JOHN KNOX WALKUP
Public Defender                 Attorney General & Reporter

JEFFREY A. DeVASHER             DARYL J. BRAND
Asst. Public Defender           Asst. Attorney General
     (On Appeal)                425 Fifth Ave., North
                                Cordell Hull Bldg., Second Floor    
ROSS ALDERMAN                   Nashville, TN 37201
Deputy Public Defender              
1202 Stahlman Bldg.             VICTOR S. JOHNSON, III
Nashville, TN 37201             District Attorney General
     (At Trial)
                                KATRIN N. MILLER
                                Asst. District Attorney General
                                Washington Square, Suite 500
                                222 Second Ave., North
                                Nashville, TN 37201                         

Judge:PEAY

First Paragraph:

The defendant was indicted in October 1995 on six counts of aggravated
robbery, one count of attempted aggravated robbery, and one count of
burglary of a motor vehicle.  The counts were severed into three
groups.  The defendant went to trial on the first two counts of
aggravated robbery.  A jury found him guilty of both counts, and the
trial court sentenced the defendant to twenty-five years for each
conviction and ordered the sentences to run consecutively.  Subsequent
to this trial, the defendant and the State reached an agreement as to
the other charges, and the defendant ultimately pled guilty to two
more counts of aggravated robbery.

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

STATE OF TENNESSEE
vs.
SAMUEL MYRON CARTER, JR.

Court:TCCA

Attorneys: 

FOR THE APPELLANT:

THERESA W. DOYLE
211 Printers Alley Building
Suite 400
Nashville, TN 37201-1414
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

DARYL J. BRAND
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

VICTOR S. JOHNSON, III
District Attorney General

JAMES W. MILAM
Assistant District Attorney General
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201-1649                         

Judge:RILEY

First Paragraph:

The defendant appeals the trial court's order imposing consecutive
sentences.  The issue was previously remanded to the trial court for
the limited purpose of determining the statutory basis for consecutive
sentencing.  After a brief hearing, the trial court again imposed
consecutive sentences.  The judgment of the trial court is affirmed.

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

KENNETH CHEATHAM
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

JOHN H.  HENDERSON              JOHN KNOX WALKUP 
District Public Defender        Attorney General & Reporter

LARRY D.  DROLSUM               LISA A.  NAYLOR 
Assistant Public Defender       Assistant Attorney General
407-C Main Street               2nd Floor, Cordell Hull Building
P.O. Box 68                     425 Fifth Avenue North 
Franklin, TN  37065             Nashville, TN  37243

                                JOSEPH D.  BAUGH, JR.
                                District Attorney General 

                                DEREK K.  SMITH 
                                Asst District Attorney General
                                Williamson Co. Courthouse, Ste. G-6 
                                P.O. Box 937
                                Franklin, TN  37065                          

Judge:WOODALL

First Paragraph:

The Petitioner, Kenneth Cheatham, appeals as of right from the order
of the Williamson County Circuit Court denying his petition for
post-conviction relief.  Petitioner was originally charged in a
multi-count indictment with four (4) different sales of cocaine, four
(4) different charges of delivery of cocaine, and one (1) count of
conspiracy to sell or deliver cocaine.  He pled guilty to the four (4)
counts of sale of cocaine and the charges of delivery of cocaine were
dismissed.  Petitioner exercised his right to a jury trial on the
charge of conspiracy to sell or deliver cocaine and was found guilty. 
Subsequently, a sentencing hearing was held for the four (4)
convictions of sale of cocaine and the conviction for conspiracy.  On
three (3) of the convictions of sale of cocaine, he received sentences
of twelve (12) years on each count to be served concurrently with each
other.  For the conviction of conspiracy, he also received a six (6)
year sentence to be served concurrently.  However, the trial court
sentenced him to serve a six (6) year sentence for the fourth
conviction for sale of cocaine consecutively to the other sentences,
for an effective sentence of eighteen (18) years.  The Petitioner did
not appeal the sentences he received for the convictions of sale of
cocaine, but did appeal the conviction and sentence imposed for
conspiracy.  This court affirmed.  See State v.  Kenny Cheatham, No.
01C01-9506-CC-00196, Williamson County (Tenn. Crim. App., Nashville,
June 11, 1996).  At the hearing on the petition for post-conviction
relief, the sole issue was whether or not counsel was ineffective
during the sentencing hearing and that specifically, as a result of
the ineffectiveness of counsel, consecutive sentencing was wrongfully
imposed upon Petitioner.  We affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
RANDALL DEAN COOPER,    
a/k/a TIMOTHY D. COOPER

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

DENNIS C. CAMPBELL              JOHN KNOX WALKUP
Assistant Public Defender       Attorney General and Reporter
Fourth Judicial District            
P. O. Box 416                   DARIAN B. TAYLOR
Dandridge, TN 37725             Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243

                                AL SCHMUTZER, JR.
                                District Attorney General

                                G. SCOTT GREEN
                                Assistant District Attorney
                                Sevierville, TN 37862
                         
Judge:SMITH

First Paragraph:

The Sevier County Circuit Court removed Appellant, Randall Dean
Cooper, from participation in the Community Corrections program upon
finding Appellant violated certain program conditions. The trial judge
resentenced Appellant to ten years as a Range III offender, from an
original sentence of eight years as a Range III. On appeal, Appellant
presents the following issues: 1) whether the trial court abused its
discretion by increasing Appellant's sentence to ten years in the
Department of Corrections after finding Appellant violated the
conditions of his eight year Community Corrections sentence; 2)
whether Appellant was denied a statutory or constitutional right to a
sentencing hearing after the trial court found him in violation of the
requirements of the Community Corrections program; and 3) whether the
trial court erred by refusing Appellant credit for the time he served
pretrial and for time served in the Community Corrections program.

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

STATE OF TENNESSEE
vs.
DENNIS R. ENGLAND

Court:TCCA

Attorneys: 

FOR THE APPELLEE:           FOR THE APPELLANT:

R. EDDIE DAVIDSON           JOHN KNOX WALKUP
601 Woodland Street         Attorney General and Reporter
Nashville, TN 37206
                            DARYL J. BRAND
                            Assistant Attorney General
                            425 5th Avenue North
                            Nashville, TN 37243

                            LAWRENCE RAY WHITLEY
                            District Attorney General

                            DEE GAY
                            Asst District Attorney General
                            113 West Main Street
                            Gallatin, TN 37066
                         
Judge:WELLES

First Paragraph:

This is an appeal by the State as of right pursuant to Rule 3(c) of
the Tennessee Rules of Appellate Procedure.  The Defendant filed a
motion to suppress evidence seized during a search of his automobile. 
The trial judge determined that the evidence had been illegally seized
and granted the Defendant's motion to suppress.  We reverse the
judgment of the trial court and remand this case for further
proceedings.

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

STATE OF TENNESSEE
vs.
JESSEE C. GUDGER, III

Court:TCCA

Attorneys:

For the Appellant:                  For the Appellee:

Jessee C. Gudger, III Pro Se        John Knox Walkup 
                                    Attorney General of Tennessee
Stephen M. Wallace                  and
District Public Defender            Ruth A. Thompson
and                                 Asst Attorney General of TN      
R.C. Newton                         450 James Robertson Parkway     
Assistant Public Defender           Nashville, TN 37243-0493
P.O. Box 839
Blountville, TN 37617               H. Greeley Wells, Jr.
                                    District Attorney General
                                    and
                                    Joseph Eugene Perrin
                                    Asst District Atty General
                                    P.O. Box 526
                                    Blountville, TN 37617-0526                          

Judge:Tipton

First Paragraph:

The defendant, Jessee C. Gudger, III, appeals as of right from his
conviction by a jury in the Sullivan County Circuit Court for robbery,
a Class C felony.  The defendant was sentenced as a Range I, standard
offender to five years in the custody of the Department of Correction.
 The trial court ordered the defendant to serve his sentence
consecutively to a sentence imposed in an unrelated case.

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

JAMES H. HURTCH
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

For the Appellant:                  For the Appellee:

James H. Hurtch, Pro Se, #103238    John Knox Walkup        
R.M.S.I.                            Attorney General of Tennessee
7475 Cockrill Bend Rd.              and             
Nashville, TN 37209-1010            Ellen H. Pollack   
(AT TRIAL)                          Asst Attorney General of TN             
                                    450 James Robertson Parkway     
Gregory D. Smith                    Nashville, TN 37243-0493
One Public Square, Suite 321
Clarksville, TN 37040               Victor S. Johnson, III
(ON APPEAL)                         District Attorney General
                                    and
                                    Paul DeWitt
                                    Asst District Atty General
                                    Washington Square, Suite 500
                                    222 2nd Avenue North
                                    Nashville, TN 37201-1649                        

Judge:Tipton

First Paragraph:

The petitioner, James H. Hurtch, appeals as of right from the Davidson
County Criminal Court's summary dismissal of his third petition for
post-conviction relief.  The defendant is presently serving a
twenty-two-year sentence in the custody of the Department of
Correction resulting from his 1992 convictions for aggravated robbery,
theft, reckless endangerment, violations of the driver's license law,
evading arrest and resisting arrest.  The petitioner's underlying
claim is that post-conviction appellate counsel for his second
petition was ineffective by failing to raise issues on appeal to this
court and by failing to appeal the case to the Tennessee Supreme
Court.  The trial court dismissed the petition because the defendant
does not have the right to the effective assistance of counsel in a
post-conviction proceeding.  See House v. State, 911 S.W.2d 705, 712
(Tenn. 1995).  The petitioner acknowledges that there is no right to
the effective assistance of post-conviction counsel, but he contends
that House should be reversed.  However, not only are we bound by
House, there is no justiciable claim presented under the 1995
Post-Conviction Procedure Act.

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

STATE OF TENNESSEE
vs.
STEPHEN NEIL KENNEDY

Court:TCCA

Attorneys: 

For the Appellant:              For the Appellee:

Donald E. Parish                John Knox Walkup
Ivey, Parish & Johns            Attorney General and Reporter
12880 East Paris Street 
P. O. Box 229                   Elizabeth T. Ryan
Huntingdon, TN  38344           Assistant Attorney General                              
                                Criminal Justice Division
(ON APPEAL and                  450 James Robertson Parkway
AT TRIAL)                       Nashville, TN 37243-0493                
Jasper Edmundson                        
Edmundson, Treando,
 Hopkins, Henson                Robert Gus Radford
P. O. Box 1049                  District Attorney General
Poplar Bluff, MO  63902
                                Eleanor Cahill
(AT TRIAL ONLY)                 Asst. District Attorney General
                                P. O. Box 686
                                Huntingdon, TN  38344
                         
Judge:Hayes

First Paragraph:

The appellant, Stephen Neil Kennedy, appeals his conviction by a
Carroll County jury for the class B felony of possession of cocaine
with the intent to sell or deliver.  Following a sentencing hearing,
the trial court imposed an eight year sentence of imprisonment in the
Department of Correction.

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

STATE OF TENNESSEE
vs.
CHRISTOPHER G. LAMBERT

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

David F. Bautista               John Knox Walkup 
District Public Defender        Attorney General of Tennessee
142 E. Market Street                        and
P.O. Box 996                    Elizabeth B. Marney
Johnson City, TN 37605          Assistant Attorney General of TN    
(AT TRIAL & ON APPEAL)          450 James Robertson Parkway     
                                Nashville, TN 37243-0493
Robert Oaks
Assistant Public Defender       David E. Crockett
Courthouse                      District Attorney General
Elizabethton, TN 37643          Route 19, Box 99
(AT TRIAL)                      Johnson City, TN 37601

                                Kenneth Baldwin
                                Asst District Attorney General
                                900 E. Elk Avenue
                                Elizabethton, TN 37643                          
                                
Judge:Tipton

First Paragraph:

The defendant, Christopher G. Lambert, appeals as of right from the
Carter County Criminal Court upon a certified question of law that is
dispositive of the cases involved.  The defendant entered pleas of
guilty to driving under the influence (DUI), third offense, and three
charges of driving in violation of an Habitual Motor Vehicle Offender
(HMVO) judgment that barred him from driving.  He received an
effective sentence of three years in a community corrections program,
including time served of two hundred eight days, and was fined $1,130.

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

STATE OF TENNESSEE
vs.
JASON JAMES MATTHEWS

Court:TCCA

Attorneys: 

For Appellant:                  For Appellee:

Vanessa P. Bryan                John Knox Walkup
Assistant Public Defender       Attorney General and Reporter
407-C Main Street   
P.O. Box 68                     Janis L. Turner 
Franklin, TN  37065-0068        Counsel for the State 
                                Cordell Hull Building, Second Fl 
                                425 Fifth Avenue North 
                                Nashville, TN  37243-0493

                                Ronald L. Davis         
                                and
                                Mark Puryear
                                Asst District Attorneys General
                                G-6 Courthouse, P.O. Box 937 
                                Franklin, TN  37065-0937
                         
Judge:WADE

First Paragraph:

The defendant, Jason James Matthews, was charged with possession of a
controlled substance for resale.  The jury found the defendant guilty
of simple possession of a Schedule VI controlled substance.  The trial
court imposed a sentence of eleven months and twenty-nine days in the
workhouse, suspended after the service of thirty days in the county
jail.  The defendant was fined $1,000.00.

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

STATE OF TENNESSEE
vs.
MARK F. MAYBREY

Court:TCCA

Attorneys: 

FOR THE APPELLANT:

R. STEVEN WALDRON
TERRY A. FANN
Waldron and Fann
202 West Main Street
Murfreesboro, TN  37130-3581

FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

DARYL J. BRAND
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

WILLIAM C. WHITESELL, JR.
District Attorney General
303 Rutherford Co. Judicial Bldg.
Murfreesboro, TN  37130                         

Judge:RILEY

First Paragraph:

The Rutherford County grand jury returned indictments charging the
defendant, Mark F. Maybrey, with three (3) counts of telephone
harassment.  The defendant applied for pretrial diversion, which was
denied by the District Attorney General.  Defendant filed a petition
for writ of certiorari in the Rutherford County Circuit Court, seeking
to overturn the District Attorney's denial of diversion.  After a
hearing, the trial court found that the District Attorney had not
abused his discretion.  Pursuant to Tenn. R. App. P. 9, defendant
brings this interlocutory appeal, claiming the trial court erred in
finding that the District Attorney General had not abused his
discretion in denying diversion.  We find no error; therefore, the
judgment of the trial court is AFFIRMED.

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

MICHAEL O'NEAL McCONNELL
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:

CHARLES W. HOLT, JR.
235 Waterloo Street
P. O. Box 357
Lawrenceburg, TN  38464-0357
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

ELLEN H. POLLACK
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

T. MICHAEL BOTTOMS
District Attorney General

JAMES G. WHITE, II
Assistant District Attorney General
P. O. Box 279
Lawrenceburg, TN  38464-0279
                          
Judge:RILEY

First Paragraph:

Petitioner, Michael O'Neal McConnell, appeals the denial of his
petition for post-conviction relief.  Two (2) issues are presented for
our review, namely: (1) whether petitioner was deprived of effective
assistance of counsel when he was advised to give a statement to
police authorities; and (2) whether the sentences received by
petitioner are illegal.  Finding no error, we AFFIRM the judgment of
the trial court.

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

STATE OF TENNESSEE
vs.
RICHARD BURT McKEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

GREGORY D. SMITH                    JOHN KNOX WALKUP 
One Public Square, Suite 321        Attorney General & Reporter
Clarksville, TN  37040 
                                    KAREN M. YACUZZO
                                    Assistant Attorney General
                                    2nd Floor, Cordell Hull Bldg
                                    425 Fifth Avenue North 
                                    Nashville, TN  37243

                                    DAN M. ALSOBROOKS
                                    District Attorney General 

                                    JAMES WALLACE KIRBY
                                    Asst District Attorney General
                                    105 Sycamore Street 
                                    Ashland City, TN  37015
                          
Judge:WOODALL

First Paragraph:


The Defendant, Richard Burt McKee, appeals as of right from his
conviction following a jury trial in the Cheatham County Circuit
Court.  Defendant was convicted of first degree murder and was
sentenced to life imprisonment without parole.

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

VERNON W. NEWSOME
vs.
STATE OF TENNESSEE

Court:TCCA

Judge:RILEY

First Paragraph:

Petitioner, Vernon W. Newsome, appeals the dismissal by the Davidson
County Criminal Court of his second petition for post-conviction
relief.  We affirm the dismissal pursuant to Rule 20 of the Tennessee
Court of Criminal Appeals.

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

STATE OF TENNESSEE
vs.
ABDUL M. ODOM

Court:TCCA

Attorneys: 

FOR THE APPELLANT:

DAVID I. KOMISAR
211 Printers Alley Building
Suite 400
Nashville, TN 37201-1414

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

VICTOR S. JOHNSON, III
District Attorney General

PAMELA S. ANDERSON
Assistant District Attorney General
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201-1649                         

Judge:RILEY

First Paragraph:

The defendant appeals his conviction by a Davidson County jury of the
offense of aggravated assault.  He raises two (2) issues for our
review; namely, (1) whether there was a variance between the
indictment and the proof sufficient to merit a judgment of acquittal,
and (2) whether the trial court erred in sentencing the defendant by
using inapplicable enhancement factors.  The judgment of the trial
court is affirmed.

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

STATE OF TENNESSEE
vs.
ELIZABETH MARIA ORTIZ

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

VAN L. RIGGINS, JR.             JOHN KNOX WALKUP
Parker, Riggins & Wallace, PLC  Attorney General and Reporter
118 Franklin Street
Clarksville, TN   37040         PETER M. COUGHLAN
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243

                                JOHN CARNEY
                                District Attorney General

                                CHARLES BUSH
                                Assistant District Attorney
                                Franklin Street
                                Clarksville, TN 37040                          

Judge:SMITH

First Paragraph:

Appellant Elizabeth Marie Ortiz was convicted by a jury on April 21,
1995 in the Montgomery County Circuit Court of criminally negligent
homicide, accessory after the fact, and conspiracy to commit first
degree murder.  On May 19, 1995, the trial court determined Appellant
to be a Range I standard offender and imposed the following sentences:
 (1) twenty-three years incarceration with the Tennessee Department of
Correction for conspiracy to commit first degree murder; (2) two years
imprisonment for criminally negligent homicide; and (3) two years for
accessory after the fact, all sentences are to be served concurrently.
 Appellant presents the following issues for our consideration on this
direct appeal:  (1) whether the trial court erred by initially failing
to instruct the jury as to the lesser included offenses of criminal
conspiracy; and (2) whether Appellant's sentence is excessive.

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

WILLIE L. PEGUES
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:              For the Appellee:

Loys A. "Trey" Jordan, III      John Knox Walkup
4171 Lamar Avenue, Ste 101      Attorney General and Reporter
Memphis, TN   38118 
                                Kenneth W. Rucker
                                Assistant Attorney General                              
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                        
                                William L. Gibbons
                                District Attorney General

                                James M. Lammey
                                Asst. District Attorney General
                                Criminal Justice Complex, Ste #301
                                201 Poplar Street
                                Memphis, TN  38103                         

Judge:Hayes

First Paragraph:

The appellant, Willie L. Pegues, appeals the denial of his petition
for post conviction relief by the Shelby County Criminal Court.  He is
currently serving a life sentence in the Department of Correction
imposed as a result of his 1991 conviction for the felony murder of
Nore Bolar.   His conviction was affirmed on direct appeal to this
court.  See  State v. Pegues, No. 02C01-9202-CR-00040 (Tenn. Crim.
App. at Jackson, Mar. 9, 1994), perm. to appeal denied, (Tenn. Jul. 5,
1994).  In February 1995, the appellant filed a pro se petition for
post-conviction relief.  After counsel was appointed, an amended
petition was filed.  Following a hearing on the merits, the trial
court denied the post-conviction petition.  In this appeal as of
right, the appellant argues ineffectiveness of counsel at trial and on
appeal.  Specifically, he contends that trial counsel failed to
adequately prepare for trial and failed to file a written motion to
suppress; and, that appellate counsel failed to challenge the
admissibility of the appellant's statements to the police.  In a
separate, but related issue, the appellant argues that the trial court
improperly admitted into evidence his statement to the police.

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

STATE OF TENNESSEE
vs.
GREGORY STEELE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                 FOR THE APPELLEE:

ROBERT S. PETERS                   JOHN KNOX WALKUP
Attorney At Law                    Attorney General & Reporter
100 First Avenue, S.W.
Winchester, TN 37398               CLINTON J. MORGAN
                                   Counsel for the State
                                   425 Fifth Avenue North
                                   Cordell Hull Building
                                   Nashville, TN 37243-0493

                                   WILLIAM COPELAND
                                   Asst. Dist. Attorney General
                                   324 Dinah Shore Blvd.
                                   Winchester, TN 37398         
                          

Judge:WITT

First Paragraph:

The defendant, Gregory Steele, directly appeals his conviction and
sentence imposed by the Franklin County Criminal Court.  A jury
convicted the defendant of  driving a motor vehicle while under the
influence of an intoxicant, first offense, and the trial judge imposed
a $350.00 fine, suspension of driving privileges for one year, and a
sentence of eleven months, twenty-nine days, of which fifteen days
must be spent in confinement with the balance served on probation. 
The defendant challenges the sufficiency of the convicting evidence
and the sentence imposed by the trial court.  After a review of the
record and briefs, we affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
BONNIE STILLWELL

Court:TCCA

Attorneys:

For the Appellant           For the Appellee

Mack Garner                 John Knox Walkup
District Public Defender    Attorney General & Reporter
419 High Street
Maryville, TN. 37804        Sarah M. Branch
                            Assistant Attorney General
                            2nd Floor Cordell Hull Building
                            425 Fifth Avenue North
                            Nashville, TN. 37243-0943
    
                            Michael L. Flynn
                            District Attorney General

                            Edward P. Bailey, Jr.
                            Assistant District Attorney General
                            363 Court Street
                            Maryville, TN. 37804-5906                                                     

Judge:BARKER

First Paragraph:

The appellant, Bonnie Stillwell, appeals as of right the Blount County
Circuit Court's order to revoke her probation.  She contends that the
trial court's order was improper in light of her efforts to comply
with the terms of probation.  After a review of the record, we affirm
the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
JOHNNY WAYNE TILLERY

Court:TCCA

Attorneys: 

For the Appellant:          For the Appellee:

Rogers N. Hays              Charles W. Burson
Robert D. Massey            Attorney General of Tennessee
P.O. Box 409                and
Pulaski, TN 38478           Ellen H. Pollack
(AT TRIAL)                  Asst Attorney General of Tennessee                                          
                            450 James Robertson Parkway     
Robert D. Massey            Nashville, TN 37243-0493
P.O. Box 409
Pulaski, TN 38478           T. Michael Bottoms
(ON APPEAL)                 District Attorney General
                            P.O. Box 459
                            Lawrenceburg, TN 38464-0459
                            Assistant District Attorney General                         

Judge:Tipton

First Paragraph:

The defendant, Johnny Wayne Tillery, appeals as of right from his
conviction by a jury in the Circuit Court of Giles County for
possession with the intent to sell cocaine, a Class B felony.  As a
Range I, standard offender, he received a ten-year sentence in the
custody of the Department of Correction and was fined twenty-five
thousand dollars.

URL:http://www.tba.org/tba_files/TCCA/tilleryj_opn.WP6
URL:http://www.tba.org/tba_files/TCCA/tilleryj_con.WP6

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