TBALink Opinion-Flash

May 19, 1998 -- Volume #4 -- Number #079

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
00-New Opinons From TSC-Workers Comp Panel
00-New Opinons From TCA
07-New Opinons From TCCA

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George Dean
TBALink Chief Editor


STATE OF TENNESSEE
vs.
THOMAS DEE HUSKEY

Court:TSC

First Paragraph:

The appellant, Thomas Dee Huskey, has filed a petition requesting this
Court to grant a rehearing in this matter pursuant to Tenn. R. App. P.
39.  We have considered all of the arguments raised in the petition,
and we have found them to be without merit.  The petition for
rehearing is, therefore, denied.

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

ROBERT C. BELLAFANT
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

DANIEL J. RUNDE                 JOHN KNOX WALKUP
Assistant Public Defender       Attorney General and Reporter
P.O. Box 1208
Pulaski, TN 38478               PETER M. COUGHLAN
                                Assistant Attorney General
                                425 Fifth Avenue North
                                Nashville, TN 37243

                                MIKE BOTTOMS
                                District Attorney General
                                P.O. Box 459
                                Lawrenceburg, TN 38464                          

Judge:WELLES

First Paragraph:

The Petitioner, Robert Carroll Bellafant, appeals pursuant to Rule 3
of the Tennessee Rules of Appellate Procedure from the trial court's
denial of his petition for post-conviction relief.  He argues (1) That
the reasonable doubt instruction administered at his trial is
constitutionally infirm; and (2) that trial and appellate counsel
rendered ineffective assistance.  We affirm the judgment of the trial
court.

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

BRENT A. BLYE
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

BRENT A. BLYE               JOHN KNOX WALKUP
Pro Se                      Attorney General and Reporter
149508 NECC POB 5000
Mountain City, TN 37683     SANDY R. COPOUS
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            DAVID CROCKETT
                            District Attorney General
                            Route 19, Box 99
                            Johnson City, TN 37601
                                                  

Judge:SMITH

First Paragraph:

Appellant Brent Blye was convicted by a jury on May 1, 1995 in the
Sullivan County Criminal Court for possession of over .5 grams of
cocaine with the intent to sell and for evading arrest.  As a Range I
standard offender, Appellant received the following concurrent
sentences:  (1) On the conviction for possession with intent to sell,
the trial court sentenced Appellant to ten years incarceration with
the Tennessee Department of Correction, ordered him to pay $26.50 to
the Criminal Injuries Compensation Fund, and fined him $50,000.00. 
(2) On the evading arrest conviction, the court ordered Appellant to
serve eleven months and twenty-nine days jailtime, directed him to pay
$26.50 to the Criminal Injuries Compensation Fund, and fined him
$2,500.00.  On September 10, 1996, Appellant filed an application for
writ of habeas corpus and moved to proceed in forma pauperis.  In his
application, Appellant alleged that he was being illegally restrained
under a void conviction in which the underlying indictment failed to
sufficiently state a mens rea.  On October 28, 1996, the trial court
denied Appellant's petition on the ground that the application failed
to state a claim for which habeas corpus relief could be granted. 
Appellant presents the following issue for our consideration in this
direct appeal:  whether the trial court erred in dismissing
Appellant's petition for writ of habeas corpus prior to the State's
filing a response and without conducting an evidentiary hearing.

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

STATE OF TENNESSEE
vs.
JIMMY RAY BOLDEN, JR.

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

Joe H. Walker                   John Knox Walkup
District Public Defender        Attorney General & Reporter
                        
Walter B. Johnson, II           Janis L. Turner
Asst District Public Defender   Cordell Hull Bldg, Second Fl 
P.O. Box 334                    425 Fifth Avenue North
Harriman, TN 37748              Nashville, TN 37243-0493
                        
                                Charles E. Hawk
                                District Attorney General  

                                Roger Delp
                                Asst District Attorney General
                                P.O. Box 703
                                Kingston, TN 37763-0703
                                                  
Judge:SUMMERS

First Paragraph:

Appellant Jimmy Ray Bolden, Jr. was indicted for aggravated burglary
and theft of property over $1000.  He pled guilty to both charges. 
The trial court sentenced him as a Range II, multiple offender, to six
years for the aggravated burglary conviction and to four years for the
theft conviction in the Tennessee Department of Correction.  The
sentences were to run concurrently to one another but consecutively to
the appellant's prior sentences which he was serving.

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

STATE OF TENNESSEE
vs.
TED RAY BRANNAN

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

PHILIP A. CONDRA            JOHN KNOX WALKUP
Public Defender             Attorney General and Reporter
204 Betsy Pack Drive
Jasper, TN 37347            DARYL J. BRAND
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243-0493

                            J. MICHAEL TAYLOR
                            District Attorney General

                            STEVEN M. BLOUNT
                            Asst District Attorney General
                            324 Dinah Shore Blvd.
                            Winchester, TN 37398                         

Judge:WELLES

First Paragraph:

Appellant Jimmy Ray Bolden, Jr. was indicted for aggravated burglary
and theft of property over $1000.  He pled guilty to both charges. 
The trial court sentenced him as a Range II, multiple offender, to six
years for the aggravated burglary conviction and to four years for the
theft conviction in the Tennessee Department of Correction.  The
sentences were to run concurrently to one another but consecutively to
the appellant's prior sentences which he was serving.

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

STATE OF TENNESSEE
vs.
JAMES BRITT

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

JERRY B. BIBLE              JOHN KNOX WALKUP
11 B Courthouse Square      Attorney General & Reporter
Suite B
Jasper, TN 37347            ELIZABETH B. MARNEY
                            Assistant Attorney General
                            Cordell Hull Building, 2nd Floor
                            425 Fifth Avenue North
                            Nashville, TN 37243-0493
                            
                            JAMES MICHAEL TAYLOR
                            District Attorney General

                            JAMES POPE
                            Asst District Attorney General
                            265 Third Avenue    
                            Dayton, TN 37321
                                                      

Judge:CLARK

First Paragraph:

On July 28, 1995, the petitioner plead guilty to one count of
especially aggravated robbery and one count of second degree murder. 
He was sentenced as a range one offender on the aggravated robbery
charge and received a twenty year sentence.  He agreed to plead upward
as a range three offender to second degree murder and received a
sentence of forty-five years.  The sentences were run concurrently.

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

STATE OF TENNESSEE
vs.
JAMES KEVIN MESSICK

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

MICHAEL J. FLANAGAN         JOHN KNOX WALKUP
DALE M. QUILLEN             Attorney General and Reporter
95 White Bridge Rd #208
Nashville, TN 37205         ELLEN H. POLLACK
                            Assistant Attorney General
                            425 5th Avenue North
                            Nashville, TN 37243

                            C. MICHAEL LAYNE
                            District Attorney General

                            STEPHEN WEITZMAN
                            Asst District Attorney General
                            Manchester, TN 37355
                          

Judge:WELLES

First Paragraph:

The Defendant, James Kevin Messick, appeals pursuant to Rule 3,
Tennessee Rules of Appellate Procedure.  He was convicted by a Coffee
County jury of one count of theft over one thousand dollars
($1,000.00), a Class D felony.  He was sentenced to four years as a
standard, Range I offender to serve nine months in the Coffee County
Jail and the balance in community corrections.  He was fined
$2,500.00, ordered to pay $7,200.00 in restitution and to perform 250
hours of community service.  The Defendant argues one issue on appeal:
that the trial court erred in failing to grant him full probation. 
Although we decline to allow full probation, we modify the manner of
service of the sentence.

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

JOHNNY PARKER
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

Brandt Davis                    John Knox Walkup
Attorney at Law Attorney        General & Reporter 
1707 Cove Creek Lane, Suite 2
Knoxville, TN 37919             Ellen H. Pollack
                                Assistant Attorney General
                                425 Fifth Avenue North
                                Nashville, TN 37243-0943
    
                                Randall E. Nichols
                                District Attorney General

                                Zane Scarlett
                                Asst District Attorney General
                                City-County Building
                                Knoxville, TN 37902
                          
Judge:SUMMERS

First Paragraph:

The appellant, Johnny Parker, appeals the denial of post-conviction
relief, arguing that he received ineffective assistance from his
attorney.  In 1992, the appellant was convicted of attempt to commit
first degree murder and received a twenty-three year sentence in the
Tennessee Department of Correction.  The appellant filed a pro se
petition for post-conviction relief, and counsel was appointed for the
appellant.  After a hearing on January 23 and 24, 1997, the trial
court denied post-conviction relief.

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

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