TBALink Opinion-Flash

June 5, 1998 -- Volume #4 -- Number #086

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.

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

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George Dean
TBALink Chief Editor


WILLIAM MICHAEL ANDERTON
vs.
EVELYN ADELE MORGAN ANDERTON

Court:TCA

Attorneys: 

For Plaintiff/Appellant:            For Defendant/Appellee:

Jack Norman, Jr.                    Evelyn A. Anderton
Nashville, Tennessee                Pro Se

Thomas F. Bloom
Nashville, Tennessee
                         
Judge:KOCH

First Paragraph:

This is the second appeal concerning a husband's support obligations
following the dissolution of a 23-year marriage.  The Chancery Court
for Williamson County originally directed the husband to pay $1,731
per month in child support and $5,500 per month in spousal support for
five years and then $5,000 per month thereafter.  On the first appeal,
this court remanded the case to the trial court to revisit the child
support and spousal support awards.  Even though the trial court
concluded that the husband's income had decreased significantly, it
increased the husband's child support to $2,000 per month and left its
original spousal support order unchanged.  It also awarded the wife
judgments for a sizeable spousal support arrearage and a nominal child
support arrearage.  On this appeal, the husband again takes issue with
the amount of his spousal support and child support obligations and
also insists that he is entitled to retroactive relief on his spousal
support arrearage and to the lifting of the injunction with regard to
his 401k plan.  We vacate the child support and spousal support awards
and remand them to the trial court for further consideration
consistent with this opinion.

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

IN THE MATTER OF:           
                        
CHRISTOPHER STANFILL        
ANGEL REYNOLDS          
MICHAEL STANFILL                
SAMANTHA STANFILL           
                        
CHILDREN UNDER THE AGE OF   
18 YEARS OF AGE             
                        
DEPARTMENT OF CHILDREN'S,       
SERVICES
vs.
LORETTA STANFILL

Court:TCA

Attorneys:

Douglas Earl Dimond
General Civil Division
425 Fifth Avenue North
Cordell Hull Building, Second Floor
Nashville, Tennessee 37243-0499
ATTORNEYS FOR PLAINTIFF/APPELLEE

Kathleen G. Morris, #16223
P.O. Box 128091
Nashville, Tennessee 37212
ATTORNEY FOR DEFENDANT/APPELLANT
                          
Judge:TODD

First Paragraph:

The captioned respondent, Loretta Stanfill, has appealed from the
judgment of the Juvenile Court terminating her parental rights to her
four children.

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

COASTCOM, INC.
vs.
GLEN CRUZEN, et ux, et al

Court:TCA

Attorneys: 

Glen Cruzen, Pro Se

James David Nave, BAKER, DONELSON, BEARMAN & CALDWELL, Nashville, TN
Attorney for Plaintiff/Appellee.
                         
Judge:FARMER

First Paragraph:

This matter emanates from three judgments which Coast Publishing,
Inc., obtained against Glen Cruzen and Helen Cruzen d/b/a Image
Express and Desktop Systems in the state of Florida.  Coastcom, Inc.
(formerly known as Coast Publishing, Inc.), brought an action in the
Chancery Court of Williamson County to enforce certain judgment liens
recorded in the office of the register of deeds of that county against
real property owned by defendant Helen Cruzen. Defendant Glen Cruzen
brought a separate action titled "Claim for Fraud and
Misrepresentation."  The trial court treated this as an answer and
counterclaim to Coastcom's complaint and consolidated the two actions.
 Both Coastcom and Glen Cruzen filed motions for summary judgment. 
The trial court granted Coastcom's motion, denied Cruzen's, and this
appeal followed.

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

DWAYNE HAWKINS and AL       
GOSSETT
vs.
PATRICK A. HART, SUPERIOR       
MOTORS, INC., NELSON BOWERS, II, 
and BOWERS TRANSPORTATION GROUP, LLC

Court:TCA

Attorneys: 

Steven A. Riley, #6258
BOWEN, RILEY, WARNOCK & JACOBSON, PLC
1906 West End Avenue
Nashville, TN 37203
ATTORNEY FOR PLAINTIFFS/APPELLANTS

John P. Branham, #2552
Kathryn Barnett, #15361
BRANHAM & DAY, P.C.
150 Fourth Avenue North
First Union Tower, Suite 1910
Nashville, TN 37219
ATTORNEY FOR DEFENDANTS/APPELLEES,
PATRICK A. HART and SUPERIOR MOTORS, INC. 

H. Wayne Grant, #1573
David M. Elliott, #17966
GRANT, KONOALINKA & HARRISON, P.C.
Suite 900 Republic Centre
633 Chestnut Street
Chattanooga, TN 37450
ATTORNEYS FOR APPELLEES, NELSON E. BOWERS, II 
and BOWERS TRANSPORTATION GROUP, LLC
                         
Judge:TODD

First Paragraph:

This appeal represents a consolidation of two appeals in the same case
by order of this Court entered on October 22, 1997, since which time
the captioned number  has appeared on all proceedings. These
consolidated appeals are from rulings of the Trial Court in a single
case involving the efforts of plaintiffs to purchase an automobile
dealership.  The issues are best understood from a detailed narration
of the facts and subsequent proceedings.

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

J. B. HINSON and wife, MILDRED  
HINSON, THOMAS GUY PORTER and   
wife, GRACE PORTER, and CHARLES 
BOGGESS and wife, ROBERTA       
BOGGESS
vs.
BEECHVIEW CORPORATION, BEN  
GASPARRO, manager, BILL BATES,  
individually, and BEN GASPARRO,     
individually

Court:TCA

Attorneys: 

Douglas Thompson Bates, III
P.O. Box 1
Centerville, Tennessee 37033
ATTORNEY FOR PLAINTIFFS/APPELLANTS

James Y. Ross, Sr.
Barrister's Building
102 Public Square North
P.O. Box 1356
Waynesboro, Tennessee 38485
ATTORNEY FOR DEFENDANTS/APPELLEES
                         
Judge:TODD

First Paragraph:

The captioned plaintiffs seek enforcement of certain restrictions upon
certain property located in the same area as that of the property of
plaintiffs and to require an accounting for use of fees charged.

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

HOLLAND D. LANE and wife,       
CYNTHIA LANE; BOBBY JO KNIGHT   
and KAY GRIMES
vs.
WILLIE LEE BARR and wife,       
DOROTHY SUE BARR, individually  
and d/b/a BARR TIRE COMPANY,    
CHEATHAM COUNTY, TENNESSEE, 
R. D. HUFFINES, CHEATHAM        
COUNTY BUILDING COMMISSIONER, 
in his official capacity

Court:TCA

Attorneys: 

JERRY W. HAMLIN
Ashland City, Tennessee
Attorney for Appellants

JOE F. GILLESPIE, JR.
Joelton, Tennessee
Attorney for Appellees
                         
Judge:HIGHERS

First Paragraph:

Plaintiffs/Appellants, Holland D. Lane, Cynthia Lane, Bobby Joe
Knight, and Kay Grimes, appeal the judgment of the trial court
dismissing their complaint, finding that  appellants lacked standing
to bring an action under Tenn. Code Ann. S 13-7 208(a)(2) and that the
use of their land by defendants/appellees, Willie and Dorothy Barr, as
a tire landfill was a prior non-conforming use.  For reasons stated
hereinafter, we affirm the decision of the trial court.

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

STATE OF TENNESSEE
vs.
MARLON MADISON, a child less than                           
eighteen years of age

Court:TCA

Attorneys: 

CLINTON J. MORGAN
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, Tennessee 37243-0493
    Attorney for Plaintiff/Appellee

WANDA A. WHITE
P. O. Box 556
Byrdstown, Tennessee 38549

GORDON T. GERMAIN
P. O. box 515
Monticello, Kentucky 42633
    Attorneys for Defendant/Appellant
                         
Judge:CANTRELL

First Paragraph:

The Juvenile Court of Pickett County found a juvenile to be delinquent
for selling marijuana to a classmate.  He appealed to the Circuit
Court, which likewise found the child to be delinquent, and placed him
on probation with the Department of Childrens' Services.  We affirm
the judgment of the Circuit Court.

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

DONALD R. McMAHAN
vs.
CANDACE WHISMAN,                                
TENNESSEE DEPARTMENT OF 
CORRECTION

Court:TCA

Attorneys:

DONALD R. McMAHAN, #126698
Northeast Correctional Center
P. O. Box 5000
Mountain City, Tennessee 37683
    Pro Se/Petitioner/Appellant

JOHN KNOX WALKUP
Attorney General and Reporter

PATRICIA C. KUSSMANN
Assistant Attorney General
Second Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, Tennessee 37243
    Attorney for Respondent/Appellee
                          
Judge:CANTRELL

First Paragraph:

The Chancery Court of Davidson County ruled that it lacked
jurisdiction over a Petition for Declaratory Judgment filed by a
prisoner in the custody of the Tennessee Department of Correction, and
it dismissed the petition with prejudice.  We affirm the dismissal,
but we amend it to be without prejudice.

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

CHARLES MONTAGUE
vs.
TENNESSEE DEPARTMENT OF     
CORRECTION and WARDEN       
HOWARD CARLTON

Court:TCA

Attorneys:

Charles Montague, #142349
7475 Cockrill Bend Industrial Road
Nashville, Tennessee 37243
PRO SE/PLAINTIFF/APPELLANT

Sohnia W. Hong
Assistant Attorney General
425 Fifth Avenue North
Second Floor, Cordell Hull Building
Nashville, Tennessee 37243
ATTORNEY FOR DEFENDANTS/APPELLEES
                         
Judge:TODD

First Paragraph:

The plaintiff, a prisoner in the custody of the Tennessee Department
of Correction, brought this action against the Department and its
Commissioner seeking a declaratory judgment that he is entitled to a
refund of $64.00 charged against his custodial account for a key lost
by the prisoner.

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

WAYNE MOORE and wife            
DONNA MOORE
vs.
RANDALL PHILLIPS, SR. and wife      
MAYME PHILLIPS;             
RANDALL F. PHILLIPS, JR. and wife   
MICHELLE PHILLIPS; and          
KENNETH LYNN HERRON

Court:TCA

Attorneys:

For Plaintiffs/Appellees:           For Defendants/Appellants:

Stephen T. Greer                    Howard L. Upchurch
Dunlap, Tennessee                   Pikeville, Tennessee
                          
Judge:KOCH

First Paragraph:

This appeal involves the enforcement of restrictions on the use of
property in a rural subdivision in Sequatchie County.  After their
neighbors permitted a mobile home to be placed on their property, two
property owners filed suit in the Chancery Court for Sequatchie County
seeking to enforce common restrictions against mobile homes.  The
trial court upheld the restrictions and directed the removal of the
mobile home.  The owners of the property on which the mobile home was
located and the owner of the mobile home have appealed.  We have
determined that the evidence supports the trial court's decision to
enforce the restrictions and, therefore, affirm the judgment.

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

NATIONAL HEALTHCARE, L.P.
vs.
SPARTA MEDICAL INVESTORS    
LIMITED PARTNERSHIP and the     
TENNESSEE HEALTH FACILITIES 
COMMISSION

Court:TCA

Attorneys: 

Robert B. Littleton
Kathryn Ladd
TRABUE, STURDIVANT & DeWITT
2500 Nashville City Center
511 Union Street
Nashville, Tennessee 37219
ATTORNEY FOR PLAINTIFF/APPELLANT

John Knox Walkup
Attorney General and Reporter

Michelle Hohnke Joss
Assistant Attorney General
Second Floor, Cordell Hull Building
425 Fifth Avenue, North
Nashville, Tennessee 37243
ATTORNEYS FOR THE TENNESSEE HEALTH FACILITIES
COMMISSION/DEFENDANT/APPELLEE

Jerry W. Taylor
WYATT, TARRANT & COMBS
511 Union Street, Suite 1500
Nashville, Tennessee 37219
ATTORNEY FOR SPARTA MEDICAL INVESTORS LIMITED PARTNERSHIP                          

Judge:TODD

First Paragraph:

This appeal involves an existing health care facility in Sparta,
Tennessee and a proposal to build a second health care facility in the
same city.  The existing facility opposed the construction of the new
facility, but the Tennessee Health Facilities Commission (hereafter,
Commission) granted a certificate of need (hereafter CON) authorizing
the construction of the new facility.  The existing facility
petitioned for judicial review.  The Trial Court affirmed the order of
the Commission, and the existing facility appealed to this Court.

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

DONNA S. OGILVIE
vs.
METROPOLITAN GOVERNMENT OF                          
NASHVILLE AND DAVIDSON      
COUNTY, TENNESSEE

Court:TCA

Attorneys: 

JOEL H. MOSELEY
MOSELEY & MOSELEY
Suite 300, One Church Street
101 Church Street
Nashville, Tennessee 37201-1609
    Attorney for Plaintiff/Appellant

JAMES L. MURPHY
Director of Law
Department of Law of the Metropolitan
Government of Nashville and Davidson County

PHILIP D. BALTZ
Metropolitan Attorney
222 Third Avenue North, Suite 501
Nashville, Tennessee 37201
    Attorney for Defendant/Appellee                         

Judge:CANTRELL

First Paragraph:

The plaintiff sued the Metropolitan Government of Nashville and
Davidson County, alleging that the dangerous and unsafe condition of a
city sidewalk caused her to fall and sustain personal injuries.  After
a bench trial, the Circuit Court of Davidson County found that the
sidewalk was not defective, unsafe, or dangerous and that the
plaintiff was more than fifty percent at fault.  We affirm.

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

BOBBY F. RAMSEY
vs.
TED A BURKHALTER, FRANK     
RYAN and RAMSEY BURKHALTER, P.C.

Court:TCA

Attorneys: 

David T. Hooper, #5413
HOOPER & HOOPER, PLLC
109 Westpark Drive
Suite 410
Brentwood, Tennessee 37027
ATTORNEY FOR PLAINTIFF/APPELLANT

Jack W. Derryberry, Jr., #3870
WARD, DERRYBERRY & THOMPSON
1720 Parkway Towers
404 James Robertson Parkway
Nashville, Tennessee 37219
ATTORNEY FOR DEFENDANTS/APPELLEES
                         
Judge:TODD

First Paragraph:

All of the captioned parties are certified public accountants who were
participants as shareholders and employees of a professional
corporation.  The plaintiff, Bobby F. Ramsey, brought this action to
recover salary due him and the value of his stock in the corporation. 
He has appealed from a judgment in his favor which he insists is
inadequate.

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

MICHAEL A. THOMPSON
vs.
TENNESSEE BOARD OF  PAROLES, et. al.

Court:TCA

Attorneys: 

Michael A. Thompson, #131076
Turney Center Industrial Prison & Farm
Route 1, Unit 2B-103
Only, Tennessee 37140
PRO SE/PLAINTIFF/APPELLANT

John R. Miles, #013346
Counsel for the State
Cordell Hull Building, Second Floor
425 Fifth Avenue South
Nashville, Tennessee 37243-0488
ATTORNEYS FOR DEFENDANT/APPELLEE
                         
Judge:TODD

First Paragraph:

Michael A. Thompson, a prisoner in the custody of Tennessee Department
of Correction has appealed from a summary judgment dismissing his
petition for certiorari for judicial review of a decision of the
Tennessee Board of Paroles denying parole.

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

TENNESSEE REAL ESTATE       
COMMISSION
vs.
THOMAS HOWARD HAMILTON, ET AL

Court:TCA

Attorneys: 

ALFRED H. KNIGHT
WILLIS & KNIGHT
Nashville, Tennessee
Attorney for Appellants

JOHN KNOX WALKUP
ATTORNEY GENERAL & REPORTER
CHRISTINE LAPPS
ASSISTANT ATTORNEY GENERAL
Nashville, Tennessee
Attorney for Appellee

J. RUSSELL FARRAR
PAUL D. CAVER, JR.
FARRAR & BATES, L.L.P.
Nashville, Tennessee
Attorneys for Amicus Curiae Tennessee Association of Realtors
                         
Judge:HIGHERS

First Paragraph:

Defendants/Appellants, Thomas H. Hamilton and Jeanette Hamilton
individually and d/b/a LeConte Chalet Rentals and LeConte Chalet
Rentals, Inc. ("LeConte") (collectively "defendants"), appeal the
judgment of the trial court enjoining them from, inter alia,
soliciting, representing, or promoting the overnight rental of chalets
or cabins and the undertaking to rent, license the occupancy of, or
lease such chalets or cabins.  For reasons stated hereinafter, we
affirm the judgment of the trial court.

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

VILLAGES OF BRENTWOOD       
HOMEOWNERS ASSOCIATION, INC.
vs.
STEVEN J. WESTERMANN and wife   
MARIA A. WESTERMANN

Court:TCA

Attorneys:

For Plaintiff/Appellee:             For Defendants/Appellants:

Robert F. Spann                     John A. Ascione
Nashville, Tennessee                Nashville, Tennessee
                          
Judge:KOCH

First Paragraph:

This appeal involves the enforcement of the restrictive covenants in a
Nashville subdivision.  After two residents began to construct
improvements on their property without first obtaining approval of the
subdivision's architectural committee, the homeowners association
filed suit in the Chancery Court for Davidson County seeking
injunctive relief to enforce the architectural control provisions in
the subdivision's restrictive covenants.  The trial court heard the
case without a jury and issued an injunction directing the residents
to cease the construction and to restore their property to a condition
consistent with the subdivision covenants.  The residents have
appealed.  Since neither party has filed a verbatim transcript of the
proceedings or a statement of the evidence, we have reviewed the
papers filed in the trial court and have determined that they contain
no basis for reversing the trial court.  Accordingly, the trial
court's judgment is affirmed.

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

WILLIAM WARE,           
VIRGINIA WARE, and          
SUMMER WARE
vs.
MICHAEL C. GREENE,      
Commissioner, State of Tennessee    
Department of Safety

Court:TCA

Attorneys:

For the Plaintiffs/Appellants:      For the Defendant/Appellee:

John S. Colley, III                 John Knox Walkup
COLLEY & COLLEY                     Attorney General and Reporter
Columbia, Tennessee
                                    Rebecca Lyford
                                    Assistant Attorney General
                          

Judge:KOCH

First Paragraph:

This appeal involves the forfeiture under the Tennessee Drug Control
Act of $4,710.75 in cash, twenty-two pistols, rifles and shotguns, a
video camera, silver bars, and assorted gold and silver coins during a
search of a residence in Waynesboro.  The Commissioner of Safety
ordered the currency and personal property forfeited despite the
family's contention that an initial search of their home and property
without a warrant was illegal.  The family filed a petition for
judicial review in the Chancery Court for Davidson County.  The trial
court found the personal property was lawfully seized after the
officers obtained a search warrant and affirmed the forfeiture order. 
The family perfected this appeal.  We have determined that there is
substantial and material evidence to support the commissioner's
decision.

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

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 Bldg, 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
Opinion-Flash

STATE OF TENNESSEE
vs.
ANNA M. EADIE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:
COLLIER W. GOODLETT             JOHN KNOX WALKUP
Assistant Public Defender.      Attorney General and Reporter
19th Judicial District
109 S. Second Street            DARYL J. BRAND
Clarksville, TN 37040           Assistant Attorney General
                                Cordell Hull Building, Second Fl 
                                425 Fifth Avenue North
                                Nashville, TN 37243-0493

                                JOHN WESLEY CARNEY, JR.
                                District Attorney General

                                ARTHUR F. BIEBER
                                Asst District Attorney General
                                204 Franklin Street, Suite 200
                                Clarksville, TN 37040                             

Judge:HAYES

First Paragraph:

The appellant, Anna M. Eadie, appeals as of right from the trial
court's revocation of her community corrections sentence.  She
contends that the evidence presented at her revocation hearing is
insufficient, as a matter of law, to support a revocation of community
corrections.  Based on our review of the briefs and of the entire
record in this cause, we conclude that this is an appropriate case for
affirmance under Rule 20, Tennessee Court of Criminal Appeals Rules.

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

STATE OF TENNESSEE 
vs.
WALTER LEE ELLISON, JR.

Court:TCCA

Attorneys:

FOR THE APPELLANT               FOR THE APPELLEE

Dana L. Scott                   John Knox Walkup
Assistant Public Defender       Attorney General and Reporter
18th Judicial District          450 James Robertson Parkway
117 East Main St.               Nashville, TN  37243
Gallatin, TN  37066
                                Clinton J. Morgan
                                Assistant Attorney General
                                425 Fifth Avenue North
                                Nashville, TN  37243-0493

                                Thomas Dean
                                Asst District Attorney General
                                113 East Main St.
                                Gallatin, TN  37066
                          

Judge:LAFFERTY

First Paragraph:

The defendant, Walter Lee Ellison, Jr., appeals as of right from a
ruling of the Sumner Criminal Court that revoked his probation.  On
June 20, 1996, upon a plea of guilty, the same Court sentenced the
defendant in cause no. 9602, Count One, to two (2) years in the
Tennessee Department of Correction for Burglary of a Building in and
in Count Two, to two (2) years for Theft of Property over $1,000 to
run concurrently. The defendant was placed on two years supervised
probation after serving four (4) months in the Sumner County jail. 
The defendant complains that the trial court failed to exercise a
conscientious and intelligent judgment in finding by a preponderance
of the evidence that the defendant violated the terms and conditions
of probation.  We find the revocation of probation justified and
affirm the Court's judgment.

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

STATE OF TENNESSEE
vs.
WILLIAM RONALD JORDAN

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                          FOR THE APPELLEE:

SHARA ANN FLACY (at trial and on appeal)    JOHN KNOX WALKUP
District Public Defender                    Atty General & Reporter

WILLIAM C. BRIGHT                           DARYL J. BRAND
Asst. District Public Defender              Asst. Attorney General
P.O. Box 1208                               425 Fifth Ave. North
Pulaski, TN  38478-1208                     Cordell Hull Bldg., 2d Fl 
                                            Nashville, TN  37243-0493
GREGORY D. SMITH (on appeal)
Attorney at Law                             T. MICHAEL BOTTOMS
One Public Sq., Ste. 321                    District Attorney General
Clarksville, TN  37040              
                                            RICHARD H. DUNAVANT
                                            Asst. District Atty General
                                            P.O. Box 304
                                            Pulaski, TN  38478-0304                        

Judge:WITT

First Paragraph:

The defendant, William Ronald Jordan, appeals following his
convictions of attempted robbery and driving under the influence.  He
received his convictions in the Giles County Circuit Court after a
jury trial.  He is presently incarcerated in the Department of
Correction serving his effective six year sentence consecutively to
his sentence for a previous conviction.  In this direct appeal, Jordan
claims that the trial court erroneously failed to instruct the jury on
the affirmative defense of renunciation and that he was denied a
speedy trial.  Having reviewed the briefs and arguments of the
parties, the record, and the applicable law, we find no reversible
error and affirm the judgment of the trial court.

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

JOHN A. STINNETT, JR.
vs.
STATE OF TENNESSEE          

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

ROBERT O. BRAGDON                   JOHN KNOX WALKUP
Suite 8, 1535 W. Northfield Blvd.   Attorney General and Reporter
Murfreesboro, TN 37129
                                    DEBORAH A. TULLIS
                                    Asst Attorney General
                                    Cordell Hull Building, 2nd Fl 
                                    425 Fifth Avenue North
                                    Nashville, TN 37243-0493

                                    WILLIAM C. WHITESELL, JR.
                                    District Attorney General

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

First Paragraph:

The petitioner, John A. Stinnett, Jr., appeals the trial court's
denial of his petition for post-conviction relief.  In this appeal of
right, the petitioner contends that his pleas were neither knowingly
nor voluntarily made due to the ineffective assistance of his
attorney.  Based on our review of the briefs and of the entire record
in this cause, we conclude that this is an appropriate case for
affirmance under Rule 20, Tennessee Court of Criminal Appeals Rules.

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

KEITH DOUGLAS WOOTEN
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For Appellant:              For Appellee:

Peter B. Halverstadt        John Knox Walkup
Attorney at Law             Attorney General and Reporter
P.O. Box 158521                 
Nashville, TN  37215        Elizabeth B. Marney 
                            Assistant Attorney General
                            Criminal Justice Division
                            425 Fifth Avenue North 
                            Nashville, TN  37243-0493

                            David Durham 
                            Assistant District Attorney General
                            111 Cherry Street
                            Lebanon, TN  37087
                         
Judge:WADE

First Paragraph:

On March 16, 1989, the petitioner was convicted of two counts of armed
robbery.  The trial court imposed concurrent, Range II sentences of
thirty-five years on each count.  Because the convictions were
pursuant to a plea agreement, there was no direct appeal.

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

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