TBALink Opinion-Flash

May 26, 1998 -- Volume #4 -- Number #080

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
18-New Opinons From TCA
24-New Opinons From TCCA

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George Dean
TBALink Chief Editor


LUMBERMEN'S MUTUAL            
INSURANCE COMPANY
vs.
LOUIS J. MOTELEONE

Court:TSC - Workers Comp Panel

Attorneys: 

FOR  RESPONDENT/APPELLANT:             FOR PETITIONER/APPELLEE:
                             
DOYLE E. RICHARDSON                    EDWARD U. BABB        
ROGERS, RICHARDSON & DUNCAN            BUTLER, VINES & BABB       
100 North Spring Street                P. O. Box 2649
Manchester, TN 37355                   Knoxville, TN 37901-2649   
                         
Judge:RUSSELL

First Paragraph:

Lumbermen's Mutual Insurance Company, the workers' compensation
insurance carrier for a company named Rock Tenn Company, filed this
petition against Louis J. Moteleone, a former employee of Rock Tenn
Company, seeking an adjudication of Moteleone's rights growing out of
an alleged back injury claimed to have happened in the course and
scope of Moteleone's employment by Rock Tenn Company on or about May
30, 1994.

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

J. FRANKLIN CRITTENDEN
vs.
CHARLES M. CRITTENDEN, JR.

Court:TCA

Attorneys:

J. FRANKLIN CRITTENDEN, Pro Se

JAMES F. LOGAN, JR., OF CLEVELAND FOR APPELLEE
                          
Judge:Goddard

First Paragraph:

This is a suit by J. Franklin Crittenden against his brother, Charles
M. Crittenden, Jr., which, inter alia, seeks damages for conversion of
certain personal property left under the last will and testament of
their father to his mother for life with remainder to him, his
brother, and his sister.

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

ROBERT D. DAVIS and     
CINDI DAVIS 
vs.
GARY B. ERWIN, EDGAR H. PIERCE,                          
LLOYE HAMILTON and BOYD      
WILLIAMS, Both Individually 
and d/b/a COLDWELL BANKER   
HAMILTON and WILLIAMS REALTY

Court:TCA

Attorneys: 

TERRI L. LACEY OF CLEVELAND FOR APPELLANTS

JOSEPH R. WHITE and CARL E. SHILES, JR., OF CHATTANOOGA FOR APPELLEES                         

Judge:Goddard

First Paragraph:

Robert D. Davis and Cindi Davis appeal a summary judgment granted
against them in favor of Edgar H. Pierce, Lloye Hamilton and Boyd
Williams, both individually and d/b/a under a partnership named
Coldwell Banker Hamilton and Williams Realty.

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

LARRY DEMPSEY and wife, LISA    
DEMPSEY, Co-Administrators of   
the Estate of Larry Jason       
Dempsey
vs.
INTERNATIONAL ASSOCIATION OF    
BRIDGE, STRUCTURAL AND ORNAMEN- 
TAL IRONWORKERS, LARRY G. DAVIS,
individually and as agent and   
employee of the International   
Association of BRIDGE,          
Structural and Ornamental       
Ironworkers, KIRBY BUILDING     
SYSTEMS, INC., FREELAND HARRIS, 
d/b/a Freeland Harris Consulting
Engineer and DONALD LOUIS WAMP, 
d/b/a The Wamp Alliance

Court:TCA

Attorneys: 

L. HALE HAMILTON, Spears, Moore, Rebman & Williams, Chattanooga, for
Appellants.

DANIEL J. RIPPER and GERARD M. SICILIANO, Luther - Anderson, PLLP,
Chattanooga and LYNN AGEE and LEE ANDERSON, Agee & Allen, Chattanooga,
for BRIDGE, Structural and Ornamental Ironworkers, Local 704,
Chattanooga Ironworkers Joint Apprentice Committee and Larry G. Davis,
individually and as an agent and employee of the Union the Joint
Apprentice Committee.

DONALD LOUIS WAMP, SR., Pro Se.
                        
Judge:McMurray

First Paragraph:

This is a wrongful death action.  The plaintiffs charge generally that
the defendants failed to provide a safe place for the decedent to work
or were negligent or breached a contract with the deceased in failing
to train or supervise him while he was attempting to do the work he
was assigned.  The trial court granted summary judgments or motions to
dismiss in favor of all the defendants.  This appeal resulted.  We
affirm the judgment of the trial court.

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

RANDALL RAY FLEMING
vs.
JACQUELINE YI
and
JACK DAVIS, JR.
vs.
JACQUELINE YI

Court:TCA

Attorneys:

Robert V. Redding, WALDROP & HALL, P.A., Jackson, Tennessee
Attorney for Appellant Haulers Insurance Company, Inc.

Floyd S. Flippin
B. Chadwick Rickman
ADAMS, RYAL & FLIPPIN, Humboldt, Tennessee
Attorneys for Defendant Jacqueline Yi.

Thomas A. Travaglini, Madison, Tennessee
Attorney for Plaintiff/Appellee Randall Fleming.

R. N. (Bo) Taylor, Goodlettsville, Tennessee
Attorney for Plaintiff/Appellee Jack Davis, Jr.
Attorney for Plaintiff/Appellee.                          

Judge:FARMER

First Paragraph:

We granted the parties' joint Rule 9 T.R.A.P. application to determine
the validity of a provision contained in an automobile insurance
policy issued by Appellant Haulers Insurance Company.  The provision
at issue purported to limit the amount of uninsured/underinsured
motorist coverage available to an injured insured in certain cases to
"the highest limit of uninsured motorists coverage on an auto owned by
the insured."  Inasmuch as the named insured, Value Auto Mart, Inc.,
did not select lower limits of such coverage in writing as required by
this state's uninsured/underinsured motorist statutes, we conclude
that the provision is invalid and, thus, we affirm the trial court's
order denying Haulers' motion for summary judgment on this issue.

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

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

Court:TCA

Attorneys: 

W. Gary Blackburn, Blackburn, Slobey, Freeman & Happell
    of Nashville, For Appellants

Margaret L. Behm, Anne C. Martin, Dodson Parker & Behm
    of Nashville, For Appellee
                         
Judge:CRAWFORD

First Paragraph:

This case, remanded to this Court by the Supreme Court, involves an
action brought pursuant to the Tennessee Open Meetings Act and the
Tennessee handicap discrimination statute.  Plaintiff Edna Forbes
(Forbes) alleged that Defendant Wilson County Emergency Communication
District 911 Board and Defendant W.J. McCluskey violated these
statutes by conducting a secret meeting in which they decided to
demote her because of a handicap.  Following a jury trial, the trial
court entered judgment on the jury verdicts which found violations of
both statutes.  Forbes was awarded $65,975.00 in back pay, $38,675.00
in front pay, $250,000.00 damages for humiliation and embarrassment,
$50,000.00 for punitive damages, plus reasonable attorney's fees and
litigation costs.  The trial court denied the defendants' Motion for a
New Trial and/or to Alter and Amend.  The defendants appealed,
presenting issues of liability under both statutes and damages.

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

MARY EMMA MERRIWEATHER  
FULLER
VS.
ELIGO FULLER

Court:TCA

Attorneys:

MARCUS M. REAVES
Jackson, Tennessee
Attorney for Appellant

MARY JO MIDDLEBROOKS
MIDDLEBROOKS & GRAY, P.A.
Jackson, Tennessee
Attorney for Appellee
                          
Judge:HIGHERS

First Paragraph:

Defendant/Appellant, Eligo Fuller ("husband"), appeals the judgment of
the trial court awarding plaintiff/appellee, Mary Emma Merriweather
Fuller ("wife"), approximately 89% of the marital property.  For
reasons stated hereinafter, we affirm the judgment of the trial court.

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

DON E. GORDON and PHIL T.   
GORDON, CO-ADMINISTRATORS   
WITH WILL ANNEXED OF THE    
ESTATE OF JAMES W. MARCUM,  
DECEASED and DON E. GORDON  
and PHIL T. GORDON,     
EXECUTORS OF THE ESTATE OF  
NELL WRIGHT MARCUM, 
DECEASED
vs.
GEORGETOWN UNIVERSITY

Court:TCA

Attorneys: 

Lee M. Greer, GREER & GREER, Paris, Tennessee
Attorney for Defendant/Appellant.

H. Max Speight, Dresden, Tennessee
Attorney for Plaintiffs/Appellees.
                         
Judge:FARMER

First Paragraph:

This is a will construction case.  The testator, James W. Marcum, died
June 22, 1995, a resident of Weakley County.  His will, executed on
July 16, 1984, was admitted to probate upon his death.  This appeal
stems from a complaint filed by the appellees, Don E. Gordon and Phil
T. Gordon, co-administrators with will annexed of the estate of  James
Marcum, in the chancery court seeking a declaratory judgment as to the
proper interpretation of the will and the proper disposition of the
decedent's estate.  Specifically, the appellees sought a determination
as to whether the appellant, Georgetown University (Georgetown), is a
beneficiary under the will's residuary clause or whether, as they
believe, the decedent died partially intestate and that consequently
his mother, Nell Wright Marcum, his only heir at law at the time of
his death, is the true beneficiary.  After a hearing, the trial court
entered an order finding that the bequest to Georgetown was contingent
upon Ms. Marcum predeceasing her son and, since she did not, the gift
lapsed.  Georgetown has appealed from this decision.  For the reasons
expressed below, we reverse.

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

JAMES A. HELM and JUDY NELSON
vs.
HELEN A. HAYES and HARRY SABINE

Court:TCA

Attorneys:

DUDLEY W. TAYLOR, THE TAYLOR LAW FIRM, Knoxville, for Plaintiffs
Appellants.

JOE M. LOONEY, LOONEY & LOONEY, Crossville, for Defendants-Appellees.
                          
Judge:Franks

First Paragraph:

After the will of the testatrix Mildred L. Fink had been admitted to
probate, plaintiffs, children of deceased, filed this action
contesting the validity of the will, alleging that "she lacked
testamentary capacity" to make a will.

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

TERESA JAN GILES LAWSON
vs.
STEVEN STUART LAWSON

Court:TCA

Attorneys: 

For Appellant                   For Appellee
    
MICHAEL G. HATMAKER             DAVID H. STANIFER
Jacksboro, Tennessee            Stanifer and Stanifer
                            Tazewell, Tennessee
                         
Judge:Susano

First Paragraph:

In this divorce case, the appellant, Teresa Jan Giles Lawson ("Wife"),
contends that the trial court abused its discretion when it failed to
grant her request for alimony.

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

IN THE MATTER OF:               
M.W.A., JR., C.D.A., P.C.A.,            
K.M.A., and A.K.A

Court:TCA

Attorneys: 

For Plaintiff/Appellee:             For Defendants/Appellants:

John Knox Walkup                    Ronald L. Stone
Attorney General and Reporter       Nashville, Tennessee

Douglas Earl Dimond
Assistant Attorney General
                         

Judge:KOCH

First Paragraph:

This appeal involves the termination of the parental rights of the
parents of five children between two and seven years of age.  After a
year of in-home intervention failed to correct the parents' serious
parenting deficiencies, the Tennessee Department of Children's
Services filed a petition in Davidson County Juvenile Court seeking to
terminate both the mother's and the father's parental rights.  Three
paternal relatives intervened in the proceeding seeking custody of the
children.  Following a bench trial, the juvenile court terminated the
parents' parental rights and granted permanent custody of the children
to the Department rather than to their paternal relatives.  On this
appeal, the parents and their relatives assert that the Department
failed to prove grounds for termination by clear and convincing
evidence and that the trial court erred in finding that placement of
the children with their relatives would not be in their best
interests.  We affirm the judgment terminating the parents' parental
rights and placing the children in the Department's custody.

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

REGINA M. OATES and         
husband, JAMES OATES
vs.
GLENSTONE LODGE, INC., d/b/a    
DAYS INN-GLENSTONE LODGE

Court:TCA

Attorneys:

JOHN K. HARBER, PRYOR, FLYNN, PRIEST & HARBER, Knoxville, for
Plaintiffs Appellants.

R. KIM BURNETTE, ARNETT, DRAPER & HAGOOD, Knoxville, for Defendant
Appellee

Judge:Franks

First Paragraph:

In this action, the plaintiff brought suit for damages for personal
injuries sustained when she fell on defendant's premises.  The Trial
Court, responding to a Motion for Summary Judgment, dismissed the
action on the basis that the situs of plaintiff's fall was an open and
obvious condition, with no duty on the part of the proprietor to warn
invitees.

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

DANNY R. PERKINS and wife       
DEANNA P. SIMS PERKINS        
and 
RONALD F. SCHNEIDER and wife        
CLAUDETTE M. SCHNEIDER  
vs.
GEORGE KIRBY 

Court:TCA

Attorneys: 

DAVID H. PARTON OF GATLINBURG FOR APPELLANT

CHARLIE R. JOHNSON OF SEVIERVILLE FOR APPELLEES
                         
Judge:Goddard

First Paragraph:

Plaintiffs Danny R. Perkins and his wife, Deanna P. Perkins, and
Ronald F. Schneider and his wife, Claudette M. Schneider, filed a
complaint against Defendant George Kirby seeking to enjoin him from
impeding passage over an old road located within a right-of-way they
claim over Mr. Kirby's property.

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

JUDY PLUNK, who sues as             
Administratrix of the Estate of         
JERRY L. PLUNK, deceased,
for the benefit of herself under
Title 45 U.S.C. Section 51, and, 
for the benefit of the Estate under
Title 45 U.S.C. Section 59
vs.
ILLINOIS CENTRAL RAILROAD,
A Corporation

Court:TCA

Attorneys:

STEPHEN R. LEFFLER, Memphis, TN, and FRANK O. BURGE, JR., Birmingham,
AL,  Attorneys for Plaintiff.

GARY K. SMITH, HAROLD W. MCLEARY and BRYAN C. WITT, Shuttleworth,
Smith, Williams, Sabbatini & Harper, Memphis, Attorneys for Defendant.
                          
Judge:TOMLIN

First Paragraph:

Judy Plunk ("plaintiff") as administratrix of her husband's estate,
filed suit in the Circuit Court of Shelby County pursuant to the
Federal Employer's Liability Act, (FELA) against the Illinois Central
Railroad ("defendant" or "railroad") seeking damages stemming from the
death of her husband, Jerry Plunk ("decedent"), who was the engineer
of a train owned and operated by defendant that was involved in a
head-on collision with another train.  The case was tried by a jury. 
At the conclusion of plaintiff's proof and again at the conclusion of
all the proof, defendant made a motion for a directed verdict which
was overruled each time by the trial court.  The case was submitted to
the jury, who found plaintiff's decedent 70% negligent and defendant
30% negligent in causing the collision, and awarded plaintiff
$285,000.00 as damages.  On appeal defendant has raised five issues
for our consideration: whether the trial court erred in (1) failing to
grant defendant's motion for directed verdict on the ground that
decedent was the sole cause of the accident; (2) admitting into
evidence testimony of plaintiff's expert, Dennis Runcie; (3) allowing
other railroad employees to testify as "experts" regarding "good
railroad practice"; (4) admitting into evidence testimony of
plaintiff's economist expert, Fred Johnson; and (5) failing to order
plaintiff's counsel to dismiss with prejudice allegations of
defendant's vicarious liability in two collateral cases pending in
Mississippi and to cease representation of certain plaintiffs in the
Mississippi litigation.  For the reasons hereinafter stated, we
reverse in part and remand this case to the trial court for a new
trial in keeping with the provisions of this opinion.

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

BETTY SCHOPFER and              
LOUIS H. SCHOPFER
vs.
THE KROGER COMPANY,
WARNER-LAMBERT COMPANY,
and THE DEMO COMPANY

Court:TCA

Attorneys:

OSCAR C. CARR, III, and CHARLES WESLEY FOWLER, Glankler Brown,
Memphis, Attorneys for Plaintiffs.

BETTY ANN MILLIGAN and GAYLE B. LAKEY, Spicer, Flynn and Rudstrom,
Memphis, Attorneys for Defendant The Kroger Company.

RICHARD R. ROBERTS, Memphis, Attorney for Defendant Warner-Lambert.

JERRY O. POTTER and KAREN R. CICALA, The Hardison Law Firm, Memphis, 
Attorneys for Defendant The Demo Company.
                          
Judge:TOMLIN

First Paragraph:

Betty Schopfer ("plaintiff") and her husband, Louis Schopfer, filed
suit in the Circuit Court of Shelby County against Kroger, Inc.
("Kroger"), Warner-Lambert Co. ("Warner-Lambert") and The Demo Company
("Demo") seeking damages resulting from injuries she sustained in a
Kroger store when a display rack collapsed, striking her and causing
her to fall to the floor.  Each defendant filed a motion for summary
judgment, asserting that there were no genuine issues of material fact
existing.  The motions were denied by Judge James Swearengen, sitting
by interchange for Judge James Tharpe, who was ill.  Following Judge
Tharpe's death, all defendants renewed their motions.  Judge Karen
Williams, the new judge of Division 3, granted summary judgment for
each defendant.  On appeal, plaintiff has raised three issues for our
consideration.   In addition, Kroger has presented two issues and
Warner-Lambert three issues for our consideration.  Demo raised no
additional issues.  In the opinion of this court, our consideration of
this case can be reduced to a single issue that will dispose of the
matters raised by all the parties--whether or not the trial court was
in error in granting summary judgment for each of the respective
defendants.  For the reasons hereinafter set forth, we are of the
opinion that the trial court erred in granting summary judgment and
remand this case to the trial court for further consideration.

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

ALFREDO SHAHRDAR
vs.
GLOBAL HOUSING, INC., and
MOHAMMED SHARIFPOUR

Court:TCA

Attorneys:

Douglas S. Johnston, Jr.; Barrett, Johnston & Parsley of Nashville
    For Appellee

Thomas I. Bottorff; Bottorff, Kavin & Cook of Brentwood
    For Appellants
                          
Judge:CRAWFORD

First Paragraph:

This case involves the alleged breach of an oral employment contract
and the inducement of that breach by a third party.  Defendants Global
Housing, Inc. and Mohammed Sharifpour appeal the order of the trial
court granting the plaintiff Alfredo Shahrdar a default judgment and
also the jury's award of damages.  Plaintiff Alfredo Shahrdar assigns
error to the trial court's refusal to send the issue of punitive
damages to the jury, as well as the $205,009 remittitur suggested by
the court.

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

JOHN SIMMONS
vs.
JAMES RUSSELL,          
JAMES HOLLEMAN, and     
FRANK McGREGOR

Court:TCA

Attorneys:

For Plaintiff/Appellant:        For Defendants/Appellees:

Gregory D. Smith                W. Timothy Harvey
Clarksville, Tennessee          Batson Nolan Brice Harvey & Williamson
                                Clarksville, Tennessee
Thomas R. Meeks
Clarksville, Tennessee
                          
Judge:KOCH

First Paragraph:

This appeal involves a tenant who broke his hip by falling down some
snow and ice-covered stairs at an apartment complex in Clarksville. 
The tenant sued the owners of the apartment complex in the Circuit
Court for Montgomery County, alleging that they negligently failed to
clear the ice and snow from the stairway.  The trial court entered a
summary judgment for the owners of the apartment complex, and the
tenant appealed.  We affirm the summary judgment because we have
determined that the owners of the apartment complex did not have a
duty under the circumstances of this case to remove the snow and ice
from the stairway where the tenant fell.

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

IN RE: BRITTANY SWANSON
A Minor Under 18
    
TENNESSEE BAPTIST CHILDREN'S    
HOMES, INC.
vs.
HARRY SWANSON

Court:TCA

Attorneys:

H. William Scott, III, Brentwood, Tennessee
Frank C. Ingraham, Nashville, Tennessee
Attorney for Petitioner/Appellant.

James H. Bradley, Covington, Tennessee
Attorney for Respondent/Appellee.
                          
Judge:FARMER

First Paragraph:

This is an appeal by the Tennessee Baptist Children's Home (TBCH) from
a judgment entered by the trial court denying its petition to
terminate the parental rights of Harry Lee Swanson as to his daughter
Brittany Swanson, born June 10, 1990.  The record establishes that
Brittany was removed from the custody of her biological parents and
placed in the legal custody of the Department of Human Services (DHS)
on May 4, 1993 after a determination of dependency and neglect was
made by the juvenile court.  Since June 30, 1993, Brittany has resided
in a foster care home through placement by TBCH.  In December 1994,
the foster care goal was changed from reunification with the parents
to adoption and in June 1995, TBCH filed a petition for legal custody
of the child.  DHS transferred legal custody of Brittany to TBCH by
court order entered August 1, 1995.

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

STEVEN A. WAKEFIELD
vs.
MICHAEL F. CRAWLEY, MACTENN         
VALVE COMPANY, a Tennessee      
Corporation and MCCAWBER        
SYSTEMS, INC., a Tennessee      
Corporation

Court:TCA

Attorneys: 

WILLIAM S. LOCKETT, JR., Kennerly, Montgomery & Finley, P.C.,
Knoxville, for Appellants.

H. ALLEN BRAY, Paine, Garrett & Bray, Maryville, for Appellee.                         

Judge:FARMER

First Paragraph:

The plaintiff instituted this action to recover two stock certificates
which represented eighty percent (80%) ownership of the two corporate
defendants.  Both certificates were either in the possession of the
defendant, Crawley, or the defendant corporations.  After a bench
trial, the court resolved the issues in favor of the plaintiff and
rendered judgment accordingly.  This appeal resulted.  We affirm the
judgment of the trial court.

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

THOMAS W. BARLOW
vs.                             
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

REBECCA A. ROBINSON             JOHN KNOX WALKUP
123 E. Main St., Ste D          Attorney General and Reporter
Murfreesboro, TN 37130
                                CLINTON J. MORGAN
                                Assistant Attorney General
                                Cordell Hull Building, Second Fl 
                                425 Fifth Avenue North
                                Nashville, TN 37243-0493

                                WILLIAM C. WHITESELL, JR.
                                District Attorney General

                                JOHN W. PRICE, III
                                Asst District Attorney General
                                303 Rutherford County Judicial Bldg
                                Murfreesboro, TN 37130  
                         
Judge:WADE

First Paragraph:

The petitioner, Thomas W. Barlow, appeals as of right from the trial
court's dismissal of his post-conviction petition as outside the
statute of limitations.  The petitioner contends that the trial court
erred in considering the untimeliness of the post-conviction petition
because the state failed raise the statute of limitations as an
affirmative defense.  He also submits that the trial court erred in
finding it lacked jurisdiction over the matter.  After reviewing the
entire record, the briefs, and the applicable law, we find that the
judgment of the trial court should be affirmed pursuant to Rule 20,
Tennessee Court of Criminal Appeals Rules.

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

WILLIAM L. CHURCH
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

Ardena J. Garth                 Charles W. Burson
District Public Defender        Attorney General of Tennessee
     and                        and             
Donna Robinson Miller           Elizabeth T. Ryan
Assistant Public Defender       Asst Attorney General of Tennessee     
701 Cherry Street, Ste 300      450 James Robertson Parkway     
Chattanooga, TN 37402           Nashville, TN 37243-0493

                                William H. Cox
                                District Attorney General
                                600 Market Street, Suite 310
                                Chattanooga, TN 37492                          

Judge:Tipton

First Paragraph:

The petitioner, William L. Church, appeals as of right from the
Hamilton County Criminal Court's dismissal of his petition for both a
writ of habeas corpus and post-conviction relief.

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

STATE OF TENNESSEE
vs.
DEAN BENJAMIN CLARK, II

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

D. Tyler Kelly                  John Knox Walkup
Hardee, Martin & Jaynes         Attorney General and Reporter
P. O. Box 98    
Jackson, TN  38302              Elizabeth T. Ryan
                                Assistant Attorney General                              
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                        
                                Elizabeth T. Rice
                                District Attorney General

                                Jerry Norwood and
                                Christopher Marshburn
                                Asst. District Attorneys General
                                302 Market Street
                                Somerville, TN  38068
                          
Judge:Hayes

First Paragraph:

The petitioner, Thomas W. Barlow, appeals as of right from the trial
court's dismissal of his post-conviction petition as outside the
statute of limitations.  The petitioner contends that the trial court
erred in considering the untimeliness of the post-conviction petition
because the state failed raise the statute of limitations as an
affirmative defense.  He also submits that the trial court erred in
finding it lacked jurisdiction over the matter.  After reviewing the
entire record, the briefs, and the applicable law, we find that the
judgment of the trial court should be affirmed pursuant to Rule 20,
Tennessee Court of Criminal Appeals Rules.

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

BILLY EUGENE COOK
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

MARK E. STEPHENS                JOHN KNOX WALKUP
Public Defender                 Attorney General & Reporter

JULIA AUER                      JANIS L. TURNER
Assistant Public Defender       Counsel for State
1209 Euclid Avenue              Cordell Hull Bldg., Second Floor
Knoxville, TN 37921             425 Fifth Avenue, North
                                Nashville, TN 37243-0493

                                RANDALL E. NICHOLS
                                District Attorney General

                                STEVE GARRETT
                                Assistant District Attorney
                                City-County Bldg.
                                Knoxville, TN 37902                         

Judge:ACREE

First Paragraph:

The petitioner, Billy Eugene Cook, appeals as of right the trial
court's dismissal of his petition for post-conviction relief.

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

STATE OF TENNESSEE
vs.
CLIFFORD E. COX

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

MICHAEL R. JONES            JOHN KNOX WALKUP
Public Defender             Attorney General & Reporter
110 Public Square
Springfield, TN 37172       LISA A. NAYLOR
                            Assistant Attorney General
                            Criminal Justice Division
                            425 Fifth Avenue North
                            Nashville, TN 37243-0493    
    
                            JOHN WESLEY CARNEY, JR.
                            District Attorney General
                            204 Franklin St., Suite 200
                            Clarksville, TN 37040

                            DENT MORRISS
                            Asst District Attorney General
                            500 S. Main
                            Springfield, TN 37172
                          

Judge:WITT

First Paragraph:

The defendant, Clifford E. Cox, was convicted in a jury trial in the
Robertson County Circuit Court of driving under the influence, third
offense, and  violation of the Habitual Motor Vehicle Offender Act. 
See Tenn. Code Ann. S 55-10-613, 616 (1993).   For the DUI, the trial
court sentenced Cox to serve 180 days in confinement with the balance
of the eleven months and twenty-nine days to be served in Community
Corrections.  As a Range I, standard offender, he was sentenced to two
years for violating the Habitual Motor Vehicle Offender Act, a Class E
felony, and was ordered to serve the entire sentence in Community
Corrections.

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

STATE OF TENNESSEE
vs.
CHRISTOPHER BENARD ERVIN

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

A. CHRISTIAN LANIER, III            JOHN KNOX WALKUP
615 Lindsay St., Suite 150          Attorney General & Reporter
Chattanooga, TN  37403
    (On Appeal)                     TODD R. KELLEY
                                    Asst. Attorney General
ARDENA J. GARTH                     John Sevier Bldg.
District Public Defender            425 Fifth Ave., North                                   
                                    Nashville, TN  37243 0493
MIKE ACUFF      
HALLIE McFADDEN                     WILLIAM H. COX
Asst. District Public Defenders     District Attorney General
701 Cherry St.                      
Chattanooga, TN  37402              DAVID DENNY
    (At Trial)                      Asst. District Attorney General
                                    Court Bldg., Suite 300
                                    Chattanooga, TN  37402                                    

Judge:PEAY

First Paragraph:

The defendant was charged in the indictment with aggravated robbery,
and the jury found him guilty of this offense.  The defendant now
appeals as of right from his conviction, arguing that his conviction
is not supported by sufficient evidence.  After reviewing the record,
we find the defendant's argument to be without merit and affirm his
conviction.

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

STATE OF TENNESSEE
vs.
RICKEY HAILEY

Court:TCCA

Attorneys:

For Appellant:              For Appellee:

William D. Massey and       John Knox Walkup
R. Price Harris             Attorney General & Reporter
3074 East Street                
Memphis, TN  38128          Janis L. Turner
                            Assistant Attorney General
                            Criminal Justice Division
                            Cordell Hull Bldg., Second Floor
                            425 Fifth Avenue, North
                            Nashville, TN  37243-0493       
                        
                            James Challen
                            Assistant Attorney General
                            Criminal Justice Complex, Suite 301
                            201 Poplar Street
                            Memphis, TN  38103                          

Judge:WADE

First Paragraph:

The defendant, Rickey Hailey, pled guilty to vandalism under $500,
attempted burglary of a vehicle, and theft under $500.  The trial
court imposed concurrent sentences of eleven months, twenty-nine days
for each offense, to be served in the workhouse.  The judgment forms
do not indicate the percentage of service required before the
defendant is eligible for work release or other rehabilitative
programs.  See Tenn. Code Ann. S 40-35-302(d).

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

STATE OF TENNESSEE
vs.
WILBERT HELLER

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

Robert Lee Marlow                   John Knox Walkup
Thomas A. Davidson                  Attorney General and Reporter
107-C West Commerce Street                  
Lewisburg, TN 37091                 Karen M. Yacuzzo            
                                    Assistant Attorney General
                                    425 Fifth Avenue North
                                    Nashville, TN 37243-0493


                                    W. Michael McCown
                                    District Attorney General

                                    Weakley E. Barnard
                                    Assistant District Attorney
                                    Marshall County Courthouse
                                    Lewisburg, TN 37091                         

Judge:WADE

First Paragraph:

The appellant, Wilbert Heller, appeals as of right the sentence he
received in the Marshall County Circuit Court upon his plea of guilty
to the offense of aggravated sexual battery.  The trial court
sentenced appellant to nine years, six months in the Department of
Correction as a Range I offender.  Appellant's only issue on appeal is
whether he is eligible for community corrections under the special
needs provision.  See Tenn. Code Ann. S40-36-106(c) (1990).  We affirm
the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
ERIC D. HENDERSON and   
JAMES F. HILL

Court:TCCA

Attorneys: 

For the Appellants:             For the Appellee:

Howard L. Wagerman              Charles W. Burson
Attorney at Law                 Attorney General and Reporter
Suite 1313, 200 Jefferson   
Memphis, TN  38103              Marvin E. Clements, Jr.
                                Assistant Attorney General             
Attorney for Eric D. Henderson      
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243 0493            
Howard Brent Manis  
Attorney at Law                     
Suite 1313, 200 Jefferson       William L. Gibbons
Memphis, TN  38103              District Attorney General

Attorney for James F. Hill      P. T. Hoover
                                Asst. District Attorney General
                                Criminal Justice Complex
                                Suite #301, 201 Poplar Street
                                Memphis, TN  38103
                         

Judge:Hayes

First Paragraph:

The appellants, Eric D. Henderson and James F. Hill, appeal the
sentencing decision of the Shelby County Criminal Court following
their entry of guilty pleas to one count of theft of property over
$1000, a class D felony.  See  Tenn. Code Ann. S 39-14-105(3)(1990). 
Pursuant to a negotiated plea agreement, both appellants received
sentences of two years and six months and a fine of $3000.  The manner
of service of each of the sentences was submitted to the trial court
for determination.  Following a sentencing hearing, the trial court
suspended all but forty-five days of each appellant's sentence and
ordered that the time be served in the Shelby County Correctional
Center on weekends.  Additionally, both appellants were placed on
probation for a period of five years and were ordered to pay
restitution in the amount of $4400.  In this appeal, both Henderson
and Hill, contend that the trial court erroneously denied their
requests for judicial diversion, or, in the alternative, that the
trial court improperly denied their requests for total probation.

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

STATE OF TENNESSEE
vs.
QUINCY L. HENDERSON

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

Kathleen L. Caldwell                John Knox Walkup
Taylor, Halliburton, Ledbetter      Attorney General and Reporter
   & Caldwell   
44 North Second, Suite 200          Douglas D. Himes
Memphis, TN  38103                  Assistant Attorney General                              
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
                        
                                    William L. Gibbons
                                    District Attorney General

                                    Reginald Henderson
                                    Asst. District Attorney General
                                    Criminal Justice Complex
                                    Suite 301, 201 Poplar Street
                                    Memphis, TN  38103                         

Judge:Hayes

First Paragraph:

The appellant, Quincy L. Henderson, was sentenced to a term of life
imprisonment following his conviction by a Shelby County jury for the
premeditated first degree murder of Demetrius Moten.

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

TERRY LYNN KING
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

EDWARD C. MILLER                JOHN KNOX WALKUP
Public Defender                 Attorney General & Reporter
P. O. Box 416
Dandridge, TN 37725             MARVIN E. CLEMENTS, JR.
                                Assistant Attorney General
                                Cordell Hull Bldg., Second Floor
                                425 Fifth Avenue, North
                                Nashville, TN 37243-0493

                                ALFRED C. SCHMUTZER, JR.
                                District Attorney General

                                RICHARD VANCE
                                Assistant District Attorney
                                339 A. Main St.
                                Newport, TN 37821
                         

Judge:ACREE

First Paragraph:

The petitioner, Terry Lynn King, appeals as of right the trial court's
dismissal of his petition for post-conviction relief.

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

ERNEST LAWSON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

CHARLES M. CORN                 JOHN KNOX WALKUP
Public Defender                 Attorney General & Reporter
P.O. Box 1453                   
Cleveland, TN  37364-1453       MICHAEL J. FAHEY, II
                                Assistant Attorney General
                                425 Second Ave. North
                                Second Floor, Cordell Hull Bldg.
                                Nashville, TN  37243-0494

                                JERRY N. ESTES
                                District Attorney General
    
                                AMY F. ARMSTRONG
                                Asst. District Attorney General
                                P.O. Box 647
                                Athens, TN  37371-0647
                         
Judge:WITT

First Paragraph:

The petitioner, Ernest Lawson, appeals the McMinn County Criminal
Court's dismissal of his petition for post conviction relief.  Lawson
was convicted of possession of marijuana and possession of cocaine for
resale following a jury trial and received an effective twelve year
sentence.  On direct appeal to this court, his convictions were
affirmed and his effective sentence modified to ten years.  State v.
Ernest Lawson, No. 185 (Tenn. Crim. App., Knoxville, June 18, 1991),
perm. app. denied (Tenn. 1992) ("Ernest Lawson I").  The supreme court
denied review of his case on May 4, 1992.  Thereafter, Lawson filed
his pro se post-conviction petition on July 19, 1993.  The petition
was summarily dismissed by the court below.  On appeal, this court
found error in that dismissal and reversed and remanded the case for
appointment of counsel and further proceedings under the Post
Conviction Procedure Act of 1967.  Ernest Lawson v. State, No.
03C01-9401-CR-00037 (Tenn. Crim. App., Knoxville, July 7, 1994)
("Ernest Lawson II").  The court below appointed counsel and allowed
the petitioner an opportunity for a hearing.  Lawson chose not to
present evidence at the time allotted for his hearing and asked the
court to consider his allegations based solely upon review of the
record of trial.  The lower court found his allegations without merit
and dismissed the petition.  In this appeal of that adverse
determination, Lawson claims the trial court erred in finding he was
afforded the effective assistance of counsel at trial and in failing
to state its specific findings of fact and conclusions of law as to
each allegation of the petition on the record or in an order. 
Following a review of the record, we affirm the trial court's
dismissal of Lawson's petition.

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

STATE OF TENNESSEE
vs.
LUTHER EARL McCUTCHEON

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                   Peter M. Coughlan
Huntingdon, TN  38344           Assistant Attorney General                              
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                        
                                Robert "Gus" Radford
                                District Attorney General
                                P. O. Box 686
                                Huntingdon, TN  38344
                                                  
Judge:Hayes

First Paragraph:

The appellant, Luther Earl McCutcheon, was indicted by the Henry
County Grand Jury in a four count indictment, charging him with two
counts of a class B felony sale of cocaine and two alternative counts
of a class B felony delivery of cocaine.  The two offenses for sale of
cocaine and the accompanying alternative counts for delivery were
severed and, following a jury trial, the appellant was found not
guilty of sale and delivery of cocaine.  The appellant subsequently
pled guilty to the remaining count of sale of cocaine over one-half
gram and, pursuant to a plea agreement, received an eight year
sentence with the manner of service of the sentence to be determined
by the trial court.  At the sentencing hearing, the trial court
imposed a split confinement sentence, requiring the appellant to serve
continuous confinement of one year in the county jail, followed by
supervised probation for the remainder of the sentence.  The appellant
appeals this sentencing determination contending that the trial court
erred in denying him a non- incarcerative community corrections
sentence.  After review, we affirm.

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

STATE OF TENNESSEE
VS.
GLENN RAY

Court:TCCA

Attorneys:

FOR THE APPELLANT:

WILLIAM D. MASSEY
3074 East Street
Memphis, TN  38128
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

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

WILLIAM L. GIBBONS
District Attorney General

PERRY S. HAYES
Assistant District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN  38103-1947                          

Judge:RILEY

First Paragraph:

The defendant, Glenn Ray, was convicted in the Shelby County Criminal
Court upon guilty pleas to one (1) count of possession with the intent
to sell cocaine under 0.5 grams and one (1) count of the sale of
cocaine under 0.5 grams.  He was sentenced as a Range I offender to
concurrent terms of three (3) years and fined $2,000 for each offense.
 The trial court denied alternative sentencing.  On appeal, defendant
challenges the trial court's denial of alternative sentencing.  We
affirm the judgment of the trial court.

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

JAMES K. ROBBINS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

JAMES K. ROBBINS, pro se        JOHN KNOX WALKUP 
#114297, S.T.S.R.C.F.           Attorney General & Reporter
Route 4, Box 600
Pikeville, TN  37367            TIMOTHY F. BEHAN 
                                Assistant Attorney General
                                2nd Floor, Cordell Hull Bldg
                                425 Fifth Avenue North 
                                Nashville, TN  37243

                                J. MICHAEL TAYLOR
                                District Attorney General 

                                JAMES W. POPE, III
                                Asst District Attorney General
                                First American Bank Bldg., 3rd Fl 
                                Dayton, TN  37321                          

Judge:WOODALL

First Paragraph:

The Petitioner, James K. Robbins, appeals as of right from the trial
court's dismissal of his petition for writ of habeas corpus relief. 
We affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
CLEVELAND SONNY ROGERS

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

MICHAEL J. LOVE                 JOHN KNOX WALKUP
215 South Second St.            Attorney General & Reporter
Clarksville, TN   37040
     (On appeal)                ELLEN H. POLLACK
                                Asst. Attorney General
WADE BOBO                       450 James Robertson Pkwy.      
129 South Third St.             Nashville, TN  37243-0493
Clarksville, TN   37040             
     (At trial)                 JOHN W. CARNEY
                                District Attorney General

                                ARTHUR BIEBER
                                Asst. District Attorney General
                                204 Franklin St., Suite 200                             
                                Clarksville, TN   37040
                                                          
Judge:PEAY

First Paragraph:

The defendant was charged with possessing drug paraphernalia, causing
damage to the property of another, theft of goods totaling less than
one hundred dollars ($100), and two counts of aggravated assault.  A
jury convicted him of aggravated assault and assault, assessing fines
of five thousand dollars ($5000) and two thousand five hundred dollars
($2500), respectively.  The remaining charges were dismissed.  The
court below subsequently sentenced the defendant as a Range III
persistent offender to fourteen years incarceration on the aggravated
assault offense and to nine months, suspended, on the assault charge. 
The sentences were run consecutively.  In this appeal as of right, the
defendant raises only one issue: whether he is entitled to a new trial
on his conviction for aggravated assault because the trial court
erroneously instructed the jury about the range of punishment
applicable to this offense.  Upon our review of the record, we reverse
this conviction and remand this matter for a new trial.

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

ELWIN NATHANIEL SOUTH, SR.
vs.
STATE OF TENNESSEE

Court:TCCA

Judge:RILEY

First Paragraph:

The defendant, Elwin Nathaniel South, Sr., appeals the order of the
Shelby County Criminal Court denying his Tenn. R. Crim. P. 35(b)
motion for reduction of sentence.  Finding no abuse of discretion by
the trial court, we affirm the judgment pursuant to Rule 20, Rules of
the Court of Criminal Appeals.

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

VICTOR DALE THOMAS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

PRO SE                      JOHN KNOX WALKUP
                            Attorney General & Reporter

                            MICHAEL J. FAHEY, II
                            Assistant Attorney General
                            Cordell Hull Bldg., Second Floor
                            425 Fifth Avenue, North
                            Nashville, TN 37243-0493

                            JERRY N. ESTES
                            District Attorney General

                            JOSEPH A. REHYANSKY
                            Assistant District Attorney
                            130 Washington Ave., Suite 647
                            Athens, TN 37371
                         
Judge:ACREE

First Paragraph:

The petitioner, Victor Dale Thomas, appeals as of right the trial
court's dismissal of his pro se petition for post-conviction relief. 
The trial court found the petition was filed outside the statute of
limitations.  We affirm the trial court.

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

STATE OF TENNESSEE
vs.
JAMES ALFONSO VAUGHN,       
    a/k/a FUZZ

Court:TCCA

Attorneys:

For the Appellant:          For the Appellee:

Walter H. Stubbs            John Knox Walkup
554 West Main Street        Attorney General and Reporter
Gallatin, TN 37066                          
                            Lisa A. Naylor
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243-0493


                            Lawrence Ray Whitley
                            District Attorney General
                            113 West Main Street
                            Gallatin, TN 37066

                            Sallie Wade Brown
                            Assistant District Attorney
                          

Judge:Barker

First Paragraph:

The appellant, James Alfonso Vaughn, appeals as of right his
convictions in the Sumner County Criminal Court of first degree
premeditated murder, attempted first degree murder, attempted second
degree murder, and felony reckless endangerment.  He was sentenced to
life imprisonment on the murder conviction.  For his other
convictions, he received an effective sentence of twenty-two years to
be served consecutively to the life sentence.

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

JESSIE WILLIAM WARD
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

PRO SE                      JOHN KNOX WALKUP
                            Attorney General & Reporter
        
                            TIMOTHY F. BEHAN
                            Assistant Attorney General
                            Cordell Hull Bldg., Second Floor
                            425 Fifth Avenue, North
                            Nashville, TN 37243-0493

                            J. MICHAEL TAYLOR
                            District Attorney General

                            JAMES W. POPE, III
                            Assistant District Attorney
                            265 3rd. Avenue, Suite 300
                            Dayton, TN 37321                         

Judge:ACREE

First Paragraph:

The petitioner, Jessie William Ward, appeals as of right the trial
court's dismissal of his petition for post-conviction relief.

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

THOMAS L. WALKER
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

ROBERT R. CARL, II                  JOHN KNOX WALKUP
Vowell & Carl                       Attorney General & Reporter
6312 Kingston Pike, Suite 111
Knoxville, TN 37919                 SANDY C. PATRICK
    (On Appeal)                     Asst. Attorney General
                                    John Sevier Bldg.
KEITH LEIBERMAN                     425 Fifth Ave., North        
400 E. Caldwell Ave.                Nashville, TN  37243-0493
Knoxville, TN 37917         
    (At Trial)                      RANDALL E. NICHOLS
                                    District Attorney General

                                    ZANE M. SCARLETT
                                    Asst. District Attorney General
                                    City-County Bldg.   
                                    Knoxville, TN 37902                          

Judge:PEAY

First Paragraph:

In June 1985, the petitioner pled guilty to several burglary charges
in Knox County.   He did not seek direct review of his sentence.  Six
years later, in September 1991, he filed a pro se petition for
post-conviction relief, alleging that his guilty pleas to the burglary
charges were not voluntarily, intelligently, and knowingly entered. 
Over the next few years, a series of different attorneys, including
the Knox County Public Defender, were appointed to the petitioner's
case, but none filed any pleadings except motions to withdraw. 
Eventually, in November 1994, the trial court dismissed the petition
for post-conviction relief without an evidentiary hearing.  Two years
later, the petitioner filed a motion with this Court seeking delayed
appeal of the dismissal of his petition, which we granted.  However,
upon review of the record, we affirm the trial court's dismissal of
his petition for post-conviction relief.

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

STATE OF TENNESSEE
vs.
MICHAEL W. WASSON

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

Ballin, Ballin & Fishman, P.C.      John Knox Walkup
Marvin E. Ballin                    Attorney General and Reporter
Mark A. Mesler          
200 Jefferson Avenue    
Suite 1250                          Georgia Blythe Felner
Memphis, TN  38103                  Assistant Attorney General                              
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
                        
                                    William L. Gibbons
                                    District Attorney General

                                    Thomas Hoover
                                    Asst. District Attorney General
                                    Criminal Justice Complex
                                    Suite 301, 201 Poplar Street
                                    Memphis, TN  38103                         

Judge:Hayes

First Paragraph:

The appellant, Michael W. Wasson, appeals the sentencing decision of
the Shelby County Criminal Court following his guilty plea to the
offense of attempt to commit aggravated sexual battery, a class C
felony.   Pursuant to a negotiated plea, the appellant received a
sentence of five years as a range I offender and a fine of $500.  The
manner of service of the sentence was submitted to the trial court for
determination.  Following a sentencing hearing, the trial court
imposed a sentence of confinement in the Shelby County Correction
Center.  The appellant appeals this decision, arguing that he is
entitled to a sentence of total probation.

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

STATE OF TENNESSEE
vs.
GREGORY WHITFIELD

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

Tony N. Brayton                 John Knox Walkup
Assistant Public Defender       Attorney General and Reporter
201 Poplar, Suite 2-01  
Memphis, TN  38103              Janis L. Turner
                                Assistant Attorney General                             
AC Wharton                      Criminal Justice Division
District Public Defender        450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                        
                                William L. Gibbons
                                District Attorney General

                                Karen Cook
                                Asst. District Attorney General
                                Criminal Justice Complex
                                201 Poplar Street, Suite 301
                                Memphis, TN  38103                          

Judge:Hayes

First Paragraph:

The appellant, Gregory Whitfield, appeals his convictions by a Shelby
County jury for the crimes of aggravated robbery and aggravated
assault.  Following a sentencing hearing, the trial court imposed an
effective twenty year sentence in the Department of Correction.  In
this appeal, the appellant challenges the sufficiency of the evidence
supporting his convictions for both aggravated robbery and aggravated
assault.

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

EDWARD A. WOOTEN
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For the Appellant:                  For the Appellee:

Edward A. Wooten, pro se            John Knox Walkup
Northeast Correctional Center       Attorney General and Reporter
P.O. Box 5000                           
Mountain City, TN 37683             Ellen H. Pollack            
(On appeal)                         Assistant Attorney General
                                    425 Fifth Avenue North
Howard L. Upchurch                  Nashville, TN 37243-0493
Edward L. Boring
Upchurch & Upchurch
119 North Main Street               James Michael Taylor        
Pikeville, TN 37367                 District Attorney General
(At hearing)                        265 Third Avenue, Suite 300
                                    Dayton, TN 37321
                            
Judge:Barker

First Paragraph:

The appellant, Edward A. Wooten, appeals as of right the denial in the
Sequatchie County Circuit Court of his petition for post-conviction
relief.  On appeal, the appellant alleges that his counsel was
ineffective, that his guilty pleas were not knowingly and voluntarily
entered, and that the factual proof was insufficient to support the
guilty pleas.  Finding no error in the trial court's denial, we affirm
the judgment below.

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

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