TBALink Opinion-Flash

June 4, 1998 -- Volume #4 -- Number #085

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

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George Dean
TBALink Chief Editor


STATE OF TENNESSEE
VS.
LEMONT E. BLAIR 

Court:TCCA

Attorneys:

For the Appellant:                  For the Appellee:

Gerald L. Gulley, Jr.               John Knox Walkup
Baker, McReynolds, Byrne,           Attorney General & Reporter
O'Kane, Shea & Townsend
P.O. Box 1708                       Clinton J. Morgan
Knoxville, TN. 37901-1708           Assistant Attorney General
                                    425 Fifth Avenue North
Randall E. Reagan                   2nd Floor, Cordell Hull Building
602 Gay Street, Ste. 905            Nashville, TN. 37243-0493
Knoxville, TN. 37902
                                    Randall Eugene Nichols
                                    District Attorney General

                                    Paula R. Gentry
                                    Asst District Attorney General
                                    P.O. Box 1468
                                    Knoxville, TN. 37901-1468
                          

Judge:BARKER

First Paragraph:

The appellant, Lemont E. Blair, appeals as of right the Knox County
Criminal Court's revocation of his community corrections sentence.  We
affirm the judgment of the trial court pursuant to Rule 20 of the
Tennessee Court of Criminal Appeals.

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

STATE OF TENNESSEE
vs.
TED ALLEN GOUGE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

DAVID F. BAUTISTA               JOHN KNOX WALKUP 
District Public Defender        Attorney General & Reporter

ROBERT Y. OAKS                  MICHAEL J. FAHEY, II
Assistant Public Defender       Assistant Attorney General
Main Courthouse                 2nd Floor, Cordell Hull Building
Elizabethton, TN  37643         425 Fifth Avenue North 
(At Trial)                      Nashville, TN  37243

GERALD L. GULLY                 DAVID E. CROCKETT
P.O. Box 1708                   District Attorney General 
Knoxville, TN  37901-1708
(On Appeal Only)                KENNETH CARSON BALDWIN
                                Asst District Attorney General
                                900 East Elk Avenue  
                                Elizabethton, TN  37643
                          

Judge:WOODALL

First Paragraph:

The Defendant, Ted Allen Gouge, appeals as of right from the
sentencing order of the Criminal Court of Carter County.  After being
charged in a nine (9) count indictment for the offenses of assault,
aggravated assault, evading arrest, aggravated burglary and
harassment, Defendant pled guilty in an agreement with the State to
three (3) counts of aggravated assault and one (1) count of evading
arrest.  At the sentencing hearing Defendant requested full probation,
but the trial court sentenced Defendant to a five (5) year sentence,
with Defendant to serve one (1) year in prison followed by five (5)
years of probation.  Defendant argues that the trial court erred by
sentencing the Defendant to serve a period of incarceration rather
than complete probation or another form of alternative sentencing.  We
affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
HARVEY PHILLIP HESTER

Court:TCCA

Attorneys: 

For Appellant:              For Appellee:

Leonard M. Caputo           John Knox Walkup
312 Vine Street             Attorney General and Reporter
Chattanooga, TN  37403      450 James Robertson Parkway
(on appeal and at trial)    Nashville, TN  37243-0493

Leroy Phillips, Jr.         Michael J. Fahey, II
312 Vine Street             Assistant Attorney General
Chattanooga, TN  37403      425 Fifth Avenue, North
(at trial)                  Second Floor, Cordell Hull Building
                            Nashville, TN  37243-0488

                            Bates Bryan
                            Assistant District Attorney
                            600 Market Street
                            Courts Building
                            Chattanooga, TN  37402       
                         
Judge:WADE

First Paragraph:

The defendant, Harvey Phillip Hester, was convicted of two counts of
second degree murder and one count of attempted second degree murder. 
The trial court imposed twenty-five-year terms for each murder
conviction and a twelve year term for the attempted second degree
murder conviction.  Because the three sentences are to be served
consecutively, the effective sentence is sixty-two years.

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

LAWRENCE ALLEN HODGE
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:

LAWRENCE ALLEN HODGE #74811
   Pro Se
BMSP  P. O. Box 1000
Petros, TN  37845
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

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

RANDALL E. NICHOLS
District Attorney General
400 Main Street
P. O. Box 1468
Knoxville, TN 37901-1468                          

Judge:RILEY

First Paragraph:

Petitioner, Lawrence Allen Hodge, appeals the summary dismissal of his
petition for post-conviction relief by the Knox County Criminal Court.
 The sole issue is whether the trial court erred in dismissing the
petition without a hearing based upon the statute of limitations. 
After a careful review of the record, we affirm the judgment of the
trial court.

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

STATE OF TENNESSEE
vs.
AUGUSTA THOMAS ROBINSON

Court:TCCA

Attorneys: 

FOR THE APPELLANT:

MARK E. STEPHENS
District Public Defender

PAULA R. VOSS
JAMIE NILAND
Assistant Public Defenders
1209 Euclid Avenue
Knoxville, TN 37921

FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

TODD R. KELLEY
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

RANDALL E. NICHOLS
District Attorney General

MARSHA SELECMAN
Assistant District Attorney General
400 Main Avenue
P.O. Box 1468
Knoxville, TN 37901-1468                         

Judge:RILEY

First Paragraph:

The defendant, Augusta Thomas Robinson, appeals the order of the Knox
County Criminal Court revoking his probation.  On appeal, he claims
(1) there was insufficient evidence to support the trial court's
ruling, and (2) he was denied the minimum level of due process
required in a probation revocation hearing.  The judgment of the trial
court is affirmed.

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

RODERICK L. WEDDINGTON
vs.
STATE OF TENNESSEE

Court:TCCA

Judge:RILEY

First Paragraph:

Appellant, Roderick L. Weddington, appeals the Hamilton County
Criminal Court's summary dismissal of his petition for post-conviction
relief.  We affirm the dismissal pursuant to Rule 20, Tennessee Court
of Criminal Appeals.

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

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