TBALink Opinion-Flash

May 1, 1998 -- Volume #4 -- Number #071

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
01-New Opinons From TSC-Workers Comp Panel
16-New Opinons From TCA
13-New Opinons From TCCA

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George Dean
TBALink Chief Editor


GERALD GRAVES
vs.
LIBERTY MUTUAL INSURANCE    
COMPANY and SUPERIOR        
STEEL, INC.

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellants:             For the Appellee:

James T. Shea, IV               Ralph Brown
Baker, McReynolds, Byrne,       Clint J. Woodfin
 O'Kane, Shea & Townsend        Ralph Brown & Associates
607 Market St., 11th Fl         412 Executive Tower Drive
P.O. Box 1708                   Executive Tower II, Suite 304
Knoxville, TN 37901-1708        Knoxville, TN 37923
                         
Judge:BYERS

First Paragraph:

In March 1995, the plaintiff in this case brought suit against
Superior Steel, Inc. and Liberty Mutual Insurance Company ("the
defendants") and the Second Injury Fund claiming that he was entitled
to recover workers' compensation benefits for two work related
injuries:  a knee injury and an occupational disease.  First, the
trial judge found that the plaintiff had sustained a ten percent
permanent partial disability to his right leg.  Second, the trial
judge found that the plaintiff was 100 percent permanently and totally
disabled as a result of a chronic obstructive pulmonary disorder which
he classified as an occupational disease because the plaintiff's
condition was exacerbated by breathing diesel fumes during his
employment with the defendant.  The trial judge merged the two
injuries and thereby awarded the plaintiff 100 percent disability
benefits.

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

CITY OF BLAINE
vs.
JOHN COLEMAN HAYES      
ASSOCIATES, INC.,       
JOHN L. GILMORE, JR.,       
RICHARD DEADMAN,        
RICKY OAKLEY, and           
ROBERT RAMSEY

Court:TCA

Attorneys:

Robert C. Edwards, Knoxville, for Appellant.

W. Lee Corbett & Associates, Nashville, for Appellees.
                          
Judge:INMAN

First Paragraph:

On July 10, 1985, the City of Blaine [Blaine] and John Coleman Hayes
and Associates [Hayes] entered into a contract whereby Hayes agreed to
perform professional engineering services for Blaine in connection
with the construction of a waste water treatment and collection
system.  The contract provided for arbitration if disagreements arose;
Blaine filed this complaint seeking rescission of the contract
alleging fraudulent inducement, while Hayes sought arbitration and a
stay of litigation.  On appeal, we stayed the arbitration proceedings
until the rescission issue was resolved. See, City of Blaine v. John
Coleman Hayes, 818 S.W.2d 33 (Tenn. App. 1991).

URL:http://www.tba.org/tba_files/TCA/blaine_ca3.WP6
Opinion-Flash

ELIZABETH BRIGHT        
and THOMAS C. BRIGHT, III   
vs.
SPAGHETTI WAREHOUSE, INC.

Court:TCA

Attorneys: 

ROGER W. DICKSON OF CHATTANOOGA FOR APPELLANT

F. FERBER TRACY OF CHATTANOOGA FOR APPELLEE
                         
Judge:Goddard

First Paragraph:

Elizabeth Bright and Thomas C. Bright, III, appeal the dismissal of
their case from the Circuit Court of Hamilton County.  The Brights
filed their lawsuit on August 11, 1995, claiming, inter alia, that
Spaghetti Warehouse, Inc., had fraudulently induced them to form a
corporation and purchase a Spaghetti Warehouse franchise.  The Brights
requested relief in the form of damages not to exceed $2.5 million,
the trebling of actual damages in accordance with the Texas Deceptive
Trade Practices - Consumer Protection Act, and attorney fees plus
court costs and costs of collection.

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

DEBBY W. CALKINS
vs.
JAMES C. CALKINS

Court:TCA

Attorneys: 

Stephen K. Barrett, Knoxville, for Appellant.

William A. Mynatt, Jr., Knoxville, for Appellee.
                         
Judge:INMAN

First Paragraph:

A final judgment of divorce was entered in Louisiana in June 1993,
which, inter alia, awarded the plaintiff custody of the children and
$1,050.00 monthly child support.

URL:http://www.tba.org/tba_files/TCA/calkins_ca3.WP6
Opinion-Flash

SHARON JEAN DAVIS
vs.
JIMMY JOE DAVIS

Court:TCA

Attorneys: 

MARK E. STEPHENS, District Public Defender and PAULA R. VOSS,
Assistant Public Defender, Knoxville, for Appellant.

No appearance for appellee.
                         
Judge:McMurray

First Paragraph:

The appellant, Jimmy Joe Davis, appeals from an order of protection
entered against him, effective for a period of one year, pursuant to
T.C.A. S 36-3-605.

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

STATE OF TENNESSEE,         
DEPARTMENT OF CHILDREN'S      
SERVICES
vs.
GAIL DENISE EPPS

IN THE MATTER OF:               
                        
DEANTWUNG DAVE,         
REKENDRIA DAVE, and         
LEBRON EPPS

Court:TCA

Attorneys: 

KENTON HOLLOWAY, Chattanooga, for Appellant.

JOHN KNOX WALKUP, Attorney General and Reporter, and DOUGLAS EARL
DIMOND, Assistant Attorney General, for Appellee.
                         
Judge:McMurray

First Paragraph:

In this action, Gail Denise Epps (Mother) appeals from an order of the
Hamilton County Juvenile Court terminating her parental rights to her
three oldest children, Deantwung Dave (DOB 12 19-86), Rekendria Dave
(DOB 3-9-90), and Lebron Epps (DOB 3-4-91).  We affirm the judgment of
the trial court.

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

STEWART B. FOULKE, III,     
and TERESA FOULKE
vs.
CITY OF GREENEVILLE,        
TENNESSEE;              
GREENE COUNTY,          
TENNESSEE;              
GREENEVILLE & GREENE        
COUNTY EMS, and         
MICHAEL J. McCRARY

Court:TCA

Attorneys: 

Daniel B. Minor, Kingsport, for Appellants.

Jeffrey M. Ward, Greeneville, for Appellees.
                         
Judge:INMAN

First Paragraph:

This is an action for damages for personal injuries arising from a
collision between a van driven by Mr. Foulke and a Greeneville EMS
ambulance at the intersection of the four-lane U. S. Highway 11-E and
American Road in Greene County on October 3, 1994.  The Governmental
Tort Liability Act controls.

URL:http://www.tba.org/tba_files/TCA/foulke_ca3.WP6
Opinion-Flash

BILL GREENE, ET AL.
vs.
ROBERT TODD EVANS, ET AL.

Court:TCA

Attorneys: 

CLINTON R. ANDERSON, Morristown, for Plaintiffs-Appellants.

J. GREGORY BOWMAN, ROGERS, LAUGHLIN, NUNNALLY, HOOD & CRUM, P.C.,
Greeneville, for Defendants-Appellees.
                         
Judge:Franks

First Paragraph:

This is an action for damages for personal injuries arising from a
collision between a van driven by Mr. Foulke and a Greeneville EMS
ambulance at the intersection of the four-lane U. S. Highway 11-E and
American Road in Greene County on October 3, 1994.  The Governmental
Tort Liability Act controls.

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

DELPHIA M. GREENMAN
vs.
BYRON HUTCHINS

Court:TCA

Attorneys: 

CHRISTOPHER VAN RIPER, Stuart & Van Riper, Clinton, for Appellant.

PAUL E. DUNN, CANDIS D. LASLEY, Dunn, MacDonald & Coleman, Knoxville,
and ROGER L. RIDENOUR, Ridenour, Ridenour & Fox, Clinton, for
Appellee.
                         
Judge:McMurray

First Paragraph:

In this case, we are asked to review the propriety of the action of
the trial court in directing a verdict in favor of the defendant,
Byron Hutchins.  The plaintiff, Delphia Greenman, alleged in her
complaint that the defendant, Byron Hutchins, was the driver of a
truck in which she was a passenger.  She further alleged that as a
result of his negligence the truck was involved in an accident in
which she was injured.

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

FORTUNEE HOFFMAN
vs.
BARRY LYNN HOFFMAN

Court:TCA

Attorneys: 

DAVID E. CAYWOOD and DARRELL D. BLANTON OF MEMPHIS FOR APPELLANT

WILLIAM H. HORTON OF CHATTANOOGA FOR APPELLEE
                         
Judge:Goddard

First Paragraph:

Fortunee Hoffman and Barry Lynn Hoffman both appeal a divorce judgment
rendered by the Hamilton County Circuit Court.  The parties raise
various issues, hereinafter restated, one of which--relative to
alimony--is raised by both parties.

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

JOHN C. McCLELLAN, JR.,     
and wife, SANDRA McCLELLAN
vs.
DR. LOWELL D. STANLEY, JR.,     
DR. M.R. FLYNN and UNIVERSITY   
OF TENNESSEE HOSPITAL

Court:TCA

Attorneys: 

DAVID W. BLANKENSHIP, Kingsport, for Plaintiffs-Appellants.

EDWARD G. WHITE, II and AMY V. HOLLARS, HODGES, DOUGHTY & CARSON,
Knoxville, for Defendants-Appellees, Lowell D. Stanley, Jr., M.D., and
M.R. Flynn, M.D.
                         
Judge:Franks

First Paragraph:

In this medical malpractice action, the Trial Judge, responding to a
motion to dismiss on the ground that the action was barred by the
statute of limitations, dismissed the action.  Plaintiffs have
appealed.

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

STATE OF TENNESSEE
vs.
JAMES MCCLENTON

Court:TCA
   
Judge:JONES

First Paragraph:

This matter is before the Court upon the state's motion to dismiss. 
Based upon our review of the entire record before the Court, including
the appellant's response to the state's motion, we affirm the judgment
of the trial court pursuant to Rule 20, Rules of the Court of Criminal
Appeals.

URL:http://www.tba.org/tba_files/TCA/mcclent1_ord.WP6
Opinion-Flash

SHANNON DAVIS MILLER d/b/a      
FASHIONIQUE
vs.
IRENE B. HEMBREE and            
MARIA H. CARRUTH

Court:TCA

Attorneys:

ROBERT L. BOWMAN, Kramer, Rayson, Leake, Rodgers & Morgan, Knoxville
for Appellant.

DAVID F. HARROD, Carter, Harrod & Cunningham, Athens, for Appellees.
                          
Judge:McMurray

First Paragraph:

Plaintiff appeals from a summary judgment dismissing her complaint
against the defendants.  In the complaint, the plaintiff sought
damages for breach of a lease agreement and negligence.  The
defendants filed a motion to dismiss pursuant to Rule 12 and Rule 56,
Tennessee Rules of Civil Procedure, relying upon exculpatory clauses
in the written lease agreement between the parties.  The lease
agreement was attached to the complaint as an exhibit pursuant to Rule
10.03, Tennessee Rules of Civil Procedure.  The trial court upheld the
validity of the exculpatory clauses and dismissed the case.  We affirm
the judgment of the trial court.

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

C. M. REAGAN
vs.
TROY MALONE, SANDRA MALONE                              
and DAN CONNELLY    

Court:TCA

Attorneys: 

MARVIN BERKE OF CHATTANOOGA FOR APPELLANT DAN CONNELLY

SCOTT N. BROWN, JR., OF CHATTANOOGA FOR APPELLEE
                        
Judge:Goddard

First Paragraph:

Defendant Dan Connelly appeals a judgment of the Chancery Court of
Hamilton County which found that he had guaranteed an indebtedness the
Defendants Troy and Sandra Malone owed C. M. Reagan, and thereupon
awarded a recovery as to the principal and interest accruing to August
31, 1996, in the amount of $128,762.90.  He also awarded, in
accordance with the specific language of the guaranty, 25 percent for
collection costs in the amount of $32,190.73.

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

SHANNON RUSSELL
vs.
DR. JAMES CRUTCHFIELD

Court:TCA

Attorneys: 

WILLIAM D. VINES, III, and VONDA M. LAUGHLIN, BUTLER, VINES & BABB,
P.L.L.C., Knoxville, for Plaintiff.

DOUGLAS L. DUTTON and AMY V. HOLLARD, HODGES, DOUGHTY & CARSON,
Knoxville, for Defendant.
                         
Judge:Franks

First Paragraph:

In this medical malpractice action the defendant appeals from a jury
verdict in favor of the plaintiff.

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

MARVIN LEE SPENCER  
vs.
TIM HUTCHISON, Sheriff                              
and KNOX COUNTY, TENNESSEE

Court:TCA

Attorneys: 

SAM G. SMITH, JR., OF KNOXVILLE FOR APPELLANT

WENDALL HALL, Deputy Law Director, OF KNOXVILLE FOR APPELLEES
                         
Judge:Goddard

First Paragraph:

In this medical malpractice action the defendant appeals from a jury
verdict in favor of the plaintiff.

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

IN RE:  THE ESTATE OF       
        HENRY M. SWANAY

Court:TCA

Attorneys:

Judith Fain, Johnson City, for the Appellant.

John S. Taylor, Johnson City, for the Appellee.
                          
Judge:INMAN

First Paragraph:

The last will and testament of Henry M. Swanay, who died September 28,
1995, was propounded for probate on February 23, 1996.  He devised and
bequeathed his entire estate to his daughter, Carrie Swanay, whom he
named Executrix.

URL:http://www.tba.org/tba_files/TCA/swanay_ca3.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
SCOTT ANDERSON

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

LAURA RULE HENDRICKS                JOHN KNOX WALKUP
Eldridge, Irvine & Hendricks        Attorney General & Reporter
606 West Main Street, Suite 350
P.O. Box 84                         GEORGIA BLYTHE FELNER
Knoxville, TN 37901-0084            Assistant Attorney General
                                    Cordell Hull Bldg, 2nd Fl 
RAYMOND MACK GARNER                 425 Fifth Avenue North
District Public Defender            Nashville, TN 37243-0493
                            
NATALEE HURLEY                      MICHAEL L. FLYNN
Assistant Public Defender           District Attorney General
415 High Street 
Maryville, TN 37804                 PHILIP MORTON
                                    Asst District Attorney General
                                    363 Court Street
                                    Maryville, TN 37804
                                                     
Judge:CLARK

First Paragraph:

The appellant, Scott Anderson, appeals as of right from the revocation
of his probation by the Blount County Circuit Court.  He argues that
the trial court abused its discretion by permitting hearsay testimony
during his revocation hearing and by failing to make adequate
findings. We affirm the judgment of the trial court.

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

JAMES H. CRAWFORD
vs.
STATE OF TENNESSEE

Court:TCCA

Judge:JONES

First Paragraph:

This matter is before the Court upon the state's motion to affirm the
trial court judgment by order under Rule 20, Rules of the Court of
Criminal Appeals.  This case represents an appeal from the trial
court's dismissal of the petitioner's petition for writ of habeas
corpus.  The record has been filed and the petitioner has submitted
his appellate brief.

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

STATE OF TENNESSEE
vs.
RICKY DAVIS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

MARK E. STEPHENS                JOHN KNOX WALKUP
District Public Defender        Attorney General & Reporter
                            
PAULA R. VOSS                   CLINTON J. MORGAN
DAVID M. GALL                   Assistant Attorney General
Assistant Public Defenders      Cordell Hull Building, 2nd Floor
1209 Euclid Avenue              425 Fifth Avenue North
Knoxville, TN 37921             Nashville, TN 37243-0493

                                RANDALL E. NICHOLS
                                District Attorney General

                                ZANE SCARLETT
                                Asst District Attorney General
                                City-County Building
                                Knoxville, TN 37902
          
Judge:CLARK

First Paragraph:

The appellant, Ricky Davis, appeals as of right from the revocation of
his probation, alleging that the trial court abused its discretion by
revoking his probation for reasons not set forth in the violation
warrant and not articulated in the record.  We affirm the decision of
the trial court.

URL:http://www.tba.org/tba_files/TCCA/davisr2_opn.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
RICKY DAVIS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

MARK E. STEPHENS            JOHN KNOX WALKUP
District Public Defender    Attorney General & Reporter
                            
PAULA R. VOSS               CLINTON J. MORGAN
DAVID M. GALL               Assistant Attorney General
Asst Public Defenders       Cordell Hull Building, 2nd Floor
1209 Euclid Avenue          425 Fifth Avenue North
Knoxville, TN 37921         Nashville, TN 37243-0493

                            RANDALL E. NICHOLS
                            District Attorney General

                            ZANE SCARLETT
                            Asst District Attorney General
                            City-County Building
                            Knoxville, TN 37902                         

Judge:CLARK

First Paragraph:

The appellant, Ricky Davis, appeals as of right from the revocation of
his probation, alleging that the trial court abused its discretion by
revoking his probation for reasons not set forth in the violation
warrant and not articulated in the record.  We affirm the decision of
the trial court.

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

STATE OF TENNESSEE
vs.
WILLIAM ROBERT DIAZ

Court:TCCA

Attorneys: 

For the Appellant                   For the Appellee

J. Thomas Marshall, Jr.             John Knox Walkup
District Public Defender            Attorney General & Reporter
101 South Main St., Ste. 450
Clinton, TN. 37716                  Timothy F. Behan
                                    Assistant Attorney General
                                    425 Fifth Avenue North
                                    2nd Floor Cordell Hull Bldg
                                    Nashville, TN. 37243-0493

                                    James N. Ramsey
                                    District Attorney General

                                    Janice G. Hicks
                                    Asst District Attorney General                          
                                    127 Anderson County Courthouse
                                    Clinton, TN. 37716              
                         
Judge:BARKER

First Paragraph:

The appellant, William Robert Diaz, appeals as of right the
convictions and sentences he received in the Criminal Court of
Anderson County.  After a jury trial, the appellant was convicted of
second degree murder and attempted second degree murder and was
sentenced as a Range I standard offender to twenty-two (22) years for
the murder and to twelve (12) years for attempted murder.  The
sentences were ordered to be served concurrently.

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

STATE OF TENNESSEE
vs.
FREDERICK OTTITUS EDWARDS

Court:TCCA

Attorneys:

FOR THE APPELLANT:               FOR THE APPELLEE:


JOHN E. HERBISON                JOHN KNOX WALKUP
2016 Eighth Ave., South         Attorney General & Reporter
Nashville, TN 37204
     (On Appeal)                RUTH A. THOMPSON
                                Counsel for the State
JOSEPH P. ATNIP                 425 Fifth Ave., North
Public Defender                 Cordell Hull Bldg., Second Fl.
P.O. Box 734                    Nashville, TN  37243-0493
Dresden, TN 38225               
     (At Trial)                 THOMAS A. THOMAS
                                District Attorney General
                            
                                JIM CANNON
                                Asst. District Attorney General
                                P.O. Box 218
                                Union City, TN 38261                          

Judge:PEAY

First Paragraph:

A Weakley County jury convicted the defendant of four counts of sale
of less than 0.5 grams of cocaine.  The trial court sentenced him to
serve six years on each conviction and ordered the sentences to run
concurrently.  The defendant was also fined two thousand dollars
($2000).  In this appeal as of right, the defendant challenges the
sufficiency of the evidence for one of his convictions, the
uncorroborated accomplice testimony, and the length of his sentences. 
After a review of the record and applicable law, we reverse and
dismiss one of the defendant's convictions for selling cocaine, but
affirm his remaining convictions and the sentences ordered for each of
those convictions.

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

STATE OF TENNESSEE
vs.
WARREN TYRONE FOWLER

Court:TCCA

Attorneys: 

FOR THE APPELLANT:            FOR THE APPELLEE:

EDWARD C. MILLER              JOHN KNOX WALKUP
P.O. Box 416                  Attorney General & Reporter
Dandridge, TN 37725-0416

                              ELLEN H. POLLACK
                              Assistant Attorney General
                              425 Fifth Avenue North
                              Nashville, TN 37243-0493

                              JAMES L. GASS
                              Asst Dist. Attorney General
                              P.O. Box 70
                              Dandridge, TN 37725-0070
                         
Judge:WITT

First Paragraph:

A Jefferson County Circuit Court jury convicted the defendant, Warren
Tyrone Fowler, of felony vandalism, two counts of aggravated assault,
and felony evading arrest.  He appeals these convictions pursuant to
Tennessee Rule of Appellate Procedure 3.  On appeal, he claims (1) the
evidence is insufficient to convict him of any of the offenses and (2)
the trial court erred in failing to instruct the jury on the lesser
included offense of facilitation of each of the felony offenses. 
After hearing the parties' arguments and reviewing the record, the
briefs, and the applicable law, we affirm the trial court's judgment.

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

STATE OF TENNESSEE
vs.
JESSE JAMES GILBERT, JR.

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

John Knox Walkup                Edward C. Miller
Attorney General & Reporter     District Public Defender

Timothy F. Behan                Robert W. Scott
Assistant Attorney General      Assistant Public Defender
Criminal Justice Division       Fourth Judicial District 
425 Fifth Avenue North          P.O. Box 416
Nashville, TN 37243-0493        Dandridge, TN 37725-0416

Al Schmutzer, Jr.   
District Attorney General

James L. Gass   
Asst District Attorney General
Fourth Judicial District
P.O. Box 70 
Dandridge, TN 37725-0070
                          
Judge:SUMMERS

First Paragraph:

The appellee, Jesse James Gilbert, Jr., was convicted by a jury of
rape in the Criminal Court of Jefferson County.  The court sentenced
the appellee to serve one year in the county jail, with the remainder
of his sentence to be served in the community corrections program. 
The state appealed.  The issue is whether the court erred in
sentencing the appellant  to community corrections when he was
convicted of a violent felony.  We respectfully reverse the judgment
of the trial court and remand for resentencing.

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

STATE OF TENNESSEE
vs.
JON DOUGLAS HALL

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

JESSE H. FORD, III          JOHN KNOX WALKUP
CLAYTON F. MAYO             Attorney General and Reporter
618 N. Highland         
Jackson, TN 38301           KENNETH W. RUCKER
                            Asst. Attorney General
                            425 Fifth Ave. N.
                            Cordell Hull Bldg., 2nd Fl.
                            Nashville, TN 37243-0493
                    
                            JAMES G. WOODALL
                            District Attorney General       

                            ALFRED LYNN EARLS
                            Asst. District Attorney General
                            Lowell Thomas State Office Bldg.
                            Jackson, TN 38301                          

Judge:PEAY

First Paragraph:

The defendant was indicted for the premeditated first-degree murder of
his estranged wife, Billie Jo Hall.  Upon the defendant's motion, the
case was transferred from Henderson County to Madison County.  On
February 5, 1997, the jury returned a guilty verdict on the charge of
first-degree murder.  After a sentencing hearing held that same day,
the jury sentenced the defendant to death.  The jury found that the
murder was especially heinous, atrocious, or cruel in that it involved
torture or serious physical abuse beyond that necessary to produce
death.  T.C.A. S 39-13-204(i)(5).

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

STANLEY HARVILLE a/k/a, 
STANLEY SALAHUDDIN
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

GREGORY D. SMITH                JOHN KNOX WALKUP
One Public Square, Ste. 321     Attorney General and Reporter
Clarksville, TN 37040
                                ELLEN H. POLLACK
                                Assistant Attorney General
                                425 Fifth Avenue North
                                Nashville, TN 37243-0490

                                JOE D. BAUGH, JR.
                                District Attorney General

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

Judge:WELLES

First Paragraph:

The Petitioner, Stanley Harville a/k/a Stanley Salahuddin, appeals the
trial court's denial of his petition to correct his sentence without a
hearing.  His sole issue on appeal is that the trial court erred in
summarily dismissing his petition.  We affirm the judgment of the
trial court.

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

GARY S. MAYES
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

 FOR THE APPELLANT:             FOR THE APPELLEE:

Rex A. Dale                     John Knox Walkup
Attorney at Law                 Attorney General & Reporter 
208 Bank Street
Lenoir City, TN 37771           Ellen H. Pollack
                                Assistant Attorney General
                                425 Fifth Avenue North
                                Nashville, TN 37243-0493

                                Charles Hawk    
                                District Attorney General

                                Frank Harvey
                                Asst District Atty General
                                P.O. Box 703
                                Kingston, TN 37763-0703 
                         
Judge:SUMMERS

First Paragraph:

The petitioner, Gary S. Mayes, filed a petition for habeas corpus
and/or post-conviction relief in the criminal court at Loudon County. 
The court denied the petition as barred by the statute of limitations.
 The petitioner appealed.  We affirm the judgment of the trial court.
 
URL:http://www.tba.org/tba_files/TCCA/mayesgar_opn.WP6
Opinion-Flash

HARRY MCLEMORE, JR.
vs.
ALTON HESSON, WARDEN

Court:TCCA
                          
Judge:JONES

First Paragraph:

This case represents an appeal from the denial of the petitioner's
petition for writ of habeas corpus.  The petitioner was originally
indicted on one count of rape in May 1965, and he was subsequently
convicted of the same and sentenced to life imprisonment.  In July
1997, the petitioner filed a petition for a writ of habeas corpus
challenging the sufficiency of the indictment entered against him. 
The trial court denied relief.

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

STATE OF TENNESSEE
vs.
GARRETT RAINES

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

MICHAEL R. JONES            JOHN KNOX WALKUP
Public Defender             Attorney General and Reporter

                            DARYL J. BRAND
                            Assistant Attorney General
                            425 5th Avenue North
                            Nashville, TN 37243-0493

                            JOHN CARNEY
                            District Attorney General

                            DENT MORRISS
                            Asst District Attorney General
                            500 Souty Main Street
                            Springfield, TN 37172
                         
Judge:WELLES

First Paragraph:

The Defendant, Garrett Raines, appeals as of right pursuant to Rule 3
of the Tennessee Rules of Appellate Procedure.  He was convicted by a
Robertson County jury of rape of a child.  The trial court sentenced
him to sixteen years imprisonment with the Department of Correction. 
In this appeal, the Defendant argues that the trial court erred in
determining that the child-victim was competent to testify and that
the evidence was legally insufficient to support the verdict.  We
affirm the judgment of the trial court.

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

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