TBALink Opinion-Flash

May 27, 1998 -- Volume #4 -- Number #081

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 00-New Opinons From TCA 07-New Opinons From TCCA: 00-New Opinons From TSC; 00-New Opinons From TSC-Rules; 01-New Opinons From TSC-Workers Comp Panel; 00-New Opinons From TCA; 07-New Opinons From TCCA

There are three ways to get the full opinion from the Web: (TBALink members only)

Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text version of the opinion.
*NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original WP 6.0 document. version of the opinion.
Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.

George Dean
TBALink Chief Editor


ELIZABETH ANNE FLICKNER
VS.
CRETE CARRIER CORPORATION

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:              For the Appellee:

David C. Lee                    James T. Shea, IV
J. D. Lee                       BAKER, McREYNOLDS, BYRNE
LEE, LEE & LEE                  O'KANE, SHEA & TOWNSEND
422 Gay Street                  P. O. Box 1708
Knoxville, TN 37902             Knoxville, TN 37901
                          
Judge:INMAN

First Paragraph:

Ms. Flickner is 55 years old, has eight years of formal education, and
has worked as a truck driver for most of her adult life.  She
testified that she injured her back in 1975 in a work-related accident
in Florida, that she underwent back surgery after the injury, and that
she received Florida workers' compensation benefits for that injury. 
Exhaustive attempts by the parties failed to discover her Florida
workers' compensation records owing to the 20-year time lapse.

URL:http://www.tba.org/tba_files/TSC_WCP/flickner_wc3.WP6


RONALD DAVID DUKES and  
EDGAR VIRGIL DUKES, III
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For Appellants:                     For Appellee:

Douglas A. Trant                    John Knox Walkup
Atty for Ronald David Dukes         Attorney General & Reporter
900 S. Gay Street               
Suite 1502                          Sandy C. Patrick
Knoxville, TN  37902                Cordell Hull Building, Second Fl 
                                    425 Fifth Avenue North
Michael L. DeBusk                   Nashville, TN  37243-0493
Atty for Edgar Virgil Dukes, III
5344 North Broadway                 Clifton H. Sexton
Knoxville, TN  37918                Asst District Attorney General
                                    P.O. Box 10
                                    Huntsville, TN  37756                         

Judge:WADE

First Paragraph:

The petitioners, Ronald David Dukes and Edgar Virgil Dukes, III, were
convicted of the robbery, kidnapping and murder of the victim, Hollis
Kitts.  The trial court ordered Ronald Dukes to serve consecutive life
sentences for first degree felony murder and armed robbery; a sentence
of life plus five years was imposed for kidnapping to commit robbery
by the use of a firearm.  Edgar Dukes received identical sentences
with the exception that the terms are to be served concurrently.
        
URL:http://www.tba.org/tba_files/TCCA/dukesrd_opn.WP6


STATE OF TENNESSEE
vs.
KEITH E. HODGE

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

CHARLES I. POOLE            JOHN KNOX WALKUP
133 Commerce Street         Attorney General and Reporter
Sevierville, TN 37862
                            MARVIN E. CLEMENTS, JR.
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243

                            AL SCHMUTZER, JR.
                            District Attorney General

                            STEVEN R. HAWKINS
                            Sevier County Courthouse
                            Sevierville, TN 37862                          

Judge:SMITH

First Paragraph:

On August 20, 1996 a Sevier County jury convicted Appellant, Keith
Hodge, of nine counts of aggravated rape and two counts of aggravated
sexual battery. After a sentencing hearing, the trial court sentenced
Appellant to twenty years imprisonment for each aggravated rape
conviction and ten years imprisonment for each aggravated sexual
battery conviction. Three of the twenty year sentences were to be
served consecutively, all other sentences were to be served
concurrently, for an aggregate sentence of sixty years to be served as
a Range I standard offender. After the trial court denied Appellant's
motion for a new trial, Appellant filed this appeal, challenging the
judgment of the trial court.

URL:http://www.tba.org/tba_files/TCCA/Hodgekei_opn.WP6
URL:http://www.tba.org/tba_files/TCCA/Hodgekei (2)_opn.WP6
URL:http://www.tba.org/tba_files/TCCA/Hodgekei (3)_opn.WP6


STATE OF TENNESSEE
vs.
DONALD RAY SHIRLEY

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

William J. Brown                John Knox Walkup
23 N. Ocoee Street              Attorney General of Tennessee
P.O. Box 1001                   and             
Cleveland, TN 37364-1001        Timothy F. Behan
                                Assistant Attorney General of TN                    
                                450 James Robertson Parkway     
                                Nashville, TN 37243-0493

                                Jerry N. Estes
                                District Attorney General
                                203 E. Madison Avenue
                                Athens, TN 37303-0647                          

Judge:Tipton

First Paragraph:

The defendant, Donald Ray Shirley, appeals as of right from his three
convictions by a jury in the Bradley County Criminal Court for
aggravated robbery, a Class B felony.  As a Range I, standard
offender, he received concurrent sentences of twelve years for each
offense and was fined twenty thousand dollars for each offense.

URL:http://www.tba.org/tba_files/TCCA/shirlydr_opn.WP6
URL:http://www.tba.org/tba_files/TCCA/shirlydd_dis.WP6


DONALD WELCH
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

Donald Welch, Pro Se            John Knox Walkup
#204186                         Attorney General & Reporter
Hardeman County 
Correctional Facility           Sandy C. Patrick
5240 Union Springs Road         Assistant Attorney General
Whiteville, TN 38075            2d Floor Cordell Hull Building
                                425 Fifth Avenue North
                                Nashville, TN 37243-0943
        
                                H. Greeley Wells, Jr.
                                District Attorney General  

                                Barry P. Staubus
                                Asst District Attorney General
                                140 Blountville Bypass
                                P.O. Box 526
                                Blountville, TN 37617
                                                  

Judge:SUMMERS

First Paragraph:

In April 1992, the appellant, Donald Welch, was convicted of
aggravated rape, attempted felony murder, and theft.  His convictions
on direct appeal to this Court were affirmed on February 9, 1994, and
the Tennessee Supreme Court denied his application for permission to
appeal on May 16, 1994.

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

Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/

Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank

Non TBA members are WELCOME to subscribe...it's free!!

Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank