TBALink Opinion-Flash

April 14, 1998 -- Volume #4 -- Number #065

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

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George Dean
TBALink Chief Editor


ROBIN M. COLE
vs.
DONAL CAMPBELL, COMMISSIONER

Court:TSC

Attorneys: 

For Appellant:              For Appellee:

Alfred H. Knight            John Knox Walkup
WILLIS & KNIGHT             Attorney General & Reporter
Nashville, Tennessee                
                            Michael E. Moore
                            Solicitor General

                            Patricia C. Kussmann
                            Assistant Attorney General
                            Nashville, Tennessee                           

Judge:ANDERSON

First Paragraph:

We granted this appeal to determine whether a convicted felon has
standing to seek public records in the possession of the Department of
Correction pursuant to the Tennessee Public Records Act.

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

STATE OF TENNESSEE
vs.
PERRY A. CRIBBS

Court:TSC

Attorneys:

FOR APPELLANT:                  FOR APPELLEE:

A.C. Wharton                    John Knox Walkup
District Public Defender        Attorney General & Reporter
30th Judicial District
Memphis, Tennessee              Michael E. Moore
                                Solicitor General
W. Mark Ward        
Assistant Public Defender       John P. Cauley
Memphis, Tennessee              Assistant Attorney General
                                Nashville, Tennessee
Ron Johnson and
Betty Thomas                    John W. Pierotti
Assistant Public Defenders      District Attorney General
Memphis, Tennessee              30th Judicial District
                                Memphis, Tennessee

                                James Wax and
                                David Shapiro
                                Asst District Attorneys General
                                Memphis, Tennessee                            

Judge:DROWOTA

First Paragraph:

In this capital case, the defendant, Perry Cribbs, was charged with
premeditated first degree murder, first degree murder during the
perpetration of an aggravated burglary, and first degree murder during
the perpetration of aggravated robbery for killing the victim, Linda
Harris, in her home on January 2, 1994.  The jury found the defendant
guilty on all three counts.  In the sentencing hearing, the jury found
two aggravating circumstances: (1) "[t]he defendant was previously
convicted of one or more felonies, other than the present charge,
whose statutory elements involve the use of violence to the person;"
and (2) "[t]he murder was committed while the defendant was engaged in
committing or was attempting to commit, a burglary."  Tenn. Code Ann.
S 39-13-204(i)(2) and (7) (1991 Repl.).  Finding that the two
aggravating circumstances outweighed mitigating circumstances beyond a
reasonable doubt, the jury sentenced the defendant to death by
electrocution.

URL:http://www.tba.org/tba_files/TSC/cribbspa_opn.WP6
URL:http://www.tba.org/tba_files/TSC/cribbsp_dis.WP6
URL:http://www.tba.org/tba_files/TSC/cribbs_dis.WP6
Opinion-Flash

EDNA FORBES
vs.
WILSON COUNTY EMERGENCY 
DISTRICT 911 BOARD AND  
W. J. MCCLUSKEY

Court:TSC

Attorneys:

FOR APPELLANTS:             FOR APPELLEES:

MARGARET L. BEHM            W. GARY BLACKBURN
ANNE C. MARTIN              BLACKBURN, SLOBEY, FREEMAN
DODSON, PARKER & BEHM       & HAPPELL
NASHVILLE                   NASHVILLE
                          

Judge:HOLDER

First Paragraph:

The plaintiff, Edna Forbes, was employed by the Wilson County
Emergency Communication District 911 Board ("911 Board").  She was
hired in May of 1991 as the Board's first 911 supervisor.  In November
of 1992, Ms. Forbes began experiencing physical problems.  Her
symptoms included bleeding, back pain, difficulty in walking and
fatigue.  On March 22, 1993, she was diagnosed as having colon cancer
and scheduled for hospitalization and treatment that was to begin on
March 24, 1993.

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

SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL
April 13, 1998, 2:00 P.M. Release                       

Court:TSC - Rules

URL:http://www.tba.org/tba_files/TSC_RULES/statelst26_wpd.WP6
Opinion-Flash

RUTH FRIAR
vs.
THE KROGER COMPANY

Court:TCA

Attorneys: 

For Appellant                   For Appellee

ARCHIE R. CARPENTER             BRUCE D. FOX
CHRISTOPHER HEAGERTY            Ridenour, Ridenour & Fox
Carpenter & O'Connor            Clinton, Tennessee
Knoxville, Tennessee
                                JOHN A. DAY
                                DONALD CAPPARELLA
                                Branham & Day, P.C.
                                Nashville, Tennessee

                         
Judge:Susano

First Paragraph:

Ruth Friar sued The Kroger Company ("Kroger") seeking damages for
personal injuries sustained when she fell in Kroger's Oak Ridge store.
 The trial court approved the jury's verdict for the plaintiff and
entered judgment in her favor for $210,000.

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

KENNETH C. QUARLES
vs.
JOHN RONALD SHOEMAKER and      
NANCY CAROL SHOEMAKER

Court:TCA

Attorneys:

For Appellants                  For Appellee

BRIAN M. HOUSE                  RONALD D. GORSLINE
Weems & House                   Chambliss, Bahner & Stophel,
Chattanooga, Tennessee          P.C.
                                Chattanooga, Tennessee
                          

Judge:Susano

First Paragraph:

This dispute arose out of a lease of commercial property by the
plaintiff, Kenneth C. Quarles ("Quarles"), to the defendants, John
Ronald Shoemaker and his wife, Nancy Carol Shoemaker ("the
Shoemakers").  Quarles filed suit alleging that the Shoemakers had
breached the lease agreement by failing to pay rent.  The Shoemakers
denied liability, claiming that Quarles had constructively evicted
them from the leased premises.  Following a bench trial, the court
found that the Shoemakers had abandoned the lease and that Quarles was
entitled to damages of $9,123.47.

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

STATE OF TENNESSEE
vs.
GARY L. GREEN

Court:TCCA

Attorneys:

FOR THE APPELLANT:

F. MICHIE GIBSON, JR.
1416 Parkway Towers
404 James Robertson Parkway
Nashville, TN  37219-1501

FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

GEORGIA BLYTHE FELNER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

VICTOR S. JOHNSON, III
District Attorney General

MARY P. HAUSMAN
CONNIE LYNN REGULI
Asst. District Attorneys General
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN  37201-1649                          

Judge:RILEY

First Paragraph:

The defendant, Gary L. Green, was convicted by a Davidson County jury
of especially aggravated kidnapping, aggravated assault and simple
assault.  He was sentenced as a Range II offender to concurrent terms
of thirty (30) years for especially aggravated kidnapping, ten (10)
years for aggravated assault and eleven (11) months and twenty-nine
(29) days for simple assault.  On appeal, he challenges the
sufficiency of the evidence for the kidnapping conviction and contends
that the trial court erred in allowing the state to introduce
photographs of the victim's injuries.  Finding no error, we affirm the
judgment of the trial court.

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

STATE OF TENNESSEE
vs.
DONALD TERRY MOORE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:


CHARLES R. RAY                  JOHN KNOX WALKUP
211 Third Ave., North           Attorney General & Reporter
P.O. Box 198288
Nashville, TN 37219             LISA A. NAYLOR
                                Asst. Attorney General
                                Cordell Hull Bldg., Second Fl.
                                425 Fifth Ave., North   
                                Nashville, TN  37243-0493
                
                                VICTOR S. JOHNSON, III
                                District Attorney General

                                LILA STATOM
                                 -and-
                                ROGER MOORE
                                Asst. District Attorneys General
                                Washington Square, Suite 500
                                222 Second Ave., North
                                Nashville, TN 37201                          

Judge:PEAY

First Paragraph:

The Davidson County Grand Jury returned an eleven count indictment
against the defendant in April 1994.  The defendant was charged with
three counts of rape of a child, two counts of aggravated kidnapping,
two counts of simple assault, one count of theft, one count of
robbery, and two counts of aggravated assault in the alternative. 
Following a jury trial, he was convicted of one count of rape of a
child, one count of aggravated assault, and two counts of simple
assault.  He received an effective sentence of twenty-seven and a half
years in the Tennessee Department of Correction and was fined a total
of fifty-six thousand dollars ($56,000).

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

THOMAS RAY TARPLEY
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

J. MICHAEL O'NEIL           JOHN KNOX WALKUP
P.O. Box 60125              Attorney General and Reporter
Nashville, TN 37206
                            LISA A. NAYLOR
                            Assistant Attorney General
                            425 5th Avenue North
                            Nashville, TN 37243

                            VICTOR S. JOHNSON
                            District Attorney General
                            Washington Square Building
                            2nd Avenue North
                            Nashville, TN 37201
                          

Judge:WELLES

First Paragraph:

The Petitioner, Thomas Ray Tarpley, appeals the trial court's order
denying his petition for writ of habeas corpus.  He was indicted for
rape, aggravated kidnapping, robbery and assuming official character, 
which led to his convictions for rape, aggravated kidnapping, assuming
official character and petit larceny.  See State v. Thomas Ray
Tarpley, C.C.A. No. 1203, Hamilton County (Tenn. Crim. App.,
Knoxville, June 11, 1991) perm. to appeal denied (Tenn. 1991).  He
argues that his convictions are void because the indictments charging
him with the offenses are fatally defective because they fail to
allege the requisite mens rea.  We affirm the judgment of the trial
court dismissing the petition.

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

KARN TOM THONGKUMGOOL
vs.
STATE OF TENNESSEE

Court:TCCA

Judge:WOODALL

First Paragraph:
    
This matter is before the Court upon the state's motion requesting
that the judgment in the above-styled cause be affirmed pursuant to
Rule 20, Tennessee Court of Criminal Appeals Rules.  The petitioner
filed a response in opposition to the motion.

URL:http://www.tba.org/tba_files/TCCA/thongku1_ord.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
SCOTTY WAYNE WHITE

Court:TCCA

Attorneys:

For the Appellant:          For the Appellee:

Richard W. DeBerry          John Knox Walkup
Asst. Public Defender       Attorney General and Reporter
P. O. Box 663   
Camden, TN  38320           Marvin E. Clements, Jr.
                            Assistant Attorney General                              
                            Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493                
                        
                            G. Robert Radford
                            District Attorney General

                            John Overton
                            Asst. District Attorney General
                            601 Main St., Hardin Co. Courthouse
                            Savannah, TN  38372
                          

Judge:Hayes

First Paragraph:

The appellant, Scotty Wayne White, appeals as of right his conviction
for burglary, a class D felony.  Following his conviction by a jury,
the Hardin County Circuit Court sentenced the appellant as a range II,
multiple offender to seven years incarceration in the Tennessee
Department of Correction.  On appeal, the appellant first contends
that the evidence was insufficient as a matter of law to convict him
of burglary.  In his second issue, the appellant contends that the
appellant's sentence of seven years is excessive based upon the
court's improper weighing of the mitigating factor applied.

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

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