TBALink Opinion-Flash

June 12, 1998 -- Volume #4 -- Number #090

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
12-New Opinons From TCCA

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MOHAMED F. ALI
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:              For the Appellee:

Mohamed F. Ali, pro se          John Knox Walkup
N.E.C.C. 226333                 Attorney General & Reporter
P.O. Box 5000
Mountain City, TN. 37683        Michael J. Fahey, II
                                Assistant Attorney General
                                2nd Fl., Cordell Hull Bldg
                                425 Fifth Avenue North
                                Nashville, TN. 37243

                                David E. Crockett
                                District Attorney General
                                Route 19, Box 99
                                Johnson City, TN. 37601
                         
Judge:BARKER

First Paragraph:

The appellant, Mohamed F. Ali, appeals the Johnson County Criminal
Court's dismissal of his pro se petition for a writ of habeas corpus. 
We affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
BRUCE COLE

Court:TCCA

Attorneys:

For the Appellant:          For the Appellee:

Joyce Diane Stoots          John Knox Walkup
Asst. Public Defender           Attorney General and Reporter
107 South Court Square  
Trenton, TN  38382          Peter M. Coughlan
                            Assistant Attorney General           
Tom W. Crider               Criminal Justice Division
District Public Defender    450 James Robertson Parkway
                            Nashville, TN 37243-0493                
                        
                            Clayburn L. Peeples
                            District Attorney General

                            Larry Hardister
                            Asst. District Attorney General
                            110 College Street, Suite 200
                            Trenton, TN  38382
                          
Judge:Hayes

First Paragraph:

The appellant, Bruce Cole, appeals the sentences imposed by the
Humboldt Law Court following revocation of his five Community
Corrections sentences.  The appellant's placement in the Community
Corrections program stemmed from his guilty pleas to five class B
felony sales of cocaine resulting in five concurrent ten year
sentences.   Following revocation of these offenses, the trial court
enhanced each of the ten year sentences to twelve years and ordered
one twelve year sentence to be served consecutive to the remaining
sentences for an effective sentence of twenty-four years.  The
appellant perfected an appeal to this court arguing that imposition of
the twenty-four year sentence was improper.  This court remanded the
case to the trial court for resentencing because the court had not
placed its findings on the record.  See  State v. Cole, No.
02C01-9510-CC-00290 (Tenn. Crim. App. at Jackson, Dec. 12, 1996).  On
February 17, 1997, a resentencing hearing was held, at which time, the
trial court reimposed the effective twenty-four year Department of
Correction sentence.  In this appeal, the appellant contends that the
record is "de void of evidence justifying an enhancement or
consecutive sentences."

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

STATE OF TENNESSEE
vs.
STEVEN LEE EDMONDS

Court:TCCA

Attorneys: 

FOR THE APPELLANT               FOR THE APPELLEE

Gregory D. Smith                John Knox Walkup
Attorney at Law                 Attorney General and Reporter
One Pubic Square                425 Fifth Avenue, North
Clarksville, TN  37040          Nashville, TN  37243

                                Janis L. Turner
                                Assistant Attorney General
                                425 Fifth Avenue, North
                                Nashville, TN  378243

                                John Carney
                                District Attorney General
                                204 Franklin St., Suite 200
                                Clarksville, TN  37040

                                Arthur Bieber
                                Asst District Attorney General
                                204 Franklin St., Suite 200
                                Clarksville, TN  37040
                         
Judge:LAFFERTY

First Paragraph:

This is an appeal as of right from the Montgomery Circuit Court
wherein it is alleged the trial court erred in not permitting the
defendant to set aside his guilty plea.  The defendant had entered
nine guilty pleas to various misdemeanors and felonies and to an
admission of violation of probation in an unrelated offense.  The
trial court set a sentencing hearing and in the interim the defendant
filed a pro se motion to set aside his guilty pleas.  After an
evidentiary hearing to determine the merits of the motion, the trial
court denied the motion and imposed sentences in compliance with
agreed pleas.  After a review of this issue and the entire record in
this cause, the trial court's judgment is affirmed.

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

TIMOTHY JOHN HICKMAN
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

WILLIAM A. LANE             JOHN KNOX WALKUP
3236 Dilton Mankin Road     Attorney General and Reporter
Murfreesboro, TN 37127
                            TIMOTHY F. BEHAN
                            Assistant Attorney General
                            Cordell Hull Building, Second Fl 
                            425 Fifth Avenue North
                            Nashville, TN 37243-0493

                            VICTOR S. JOHNSON III
                            District Attorney General

                            ROGER D. MOORE
                            Asst District Attorney General
                            Washington Square, Suite 500
                            222 Second Avenue North
                            Nashville, TN 37201-1649
                         
Judge:RILEY

First Paragraph:

The petitioner, Timothy John Hickman, appeals the trial court's denial
of his petition for post-conviction relief.  In this appeal of right,
the petitioner contends that his guilty plea was neither knowingly nor
voluntarily made due to the ineffective assistance of his attorney. 
Based on our review, we affirm the judgment.

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

STATE OF TENNESSEE
vs.
JUAN E. McADAMS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:

JOHN KNOX WALKUP
Attorney General and Reporter

ELLEN H. POLLACK
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493

VICTOR S. JOHNSON, III
District Attorney General

PAMELA S. ANDERSON
Assistant District Attorney General
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201-1649
FOR THE APPELLEE:

RICHARD McGEE
601 Woodland Street
Nashville, TN 37206
                         
Judge:SMITH

First Paragraph:

The State of Tennessee appeals the ruling of the trial court granting
the defendant's motion to suppress cocaine discovered during a search
of his motor vehicle.  The defendant was initially stopped for a
traffic violation.  Since he does not contest the validity of that
initial stop, the sole issue presented for appeal is whether the
search of the vehicle violated the defendant's constitutional rights. 
We find that it did not; therefore, we reverse and remand the case to
the trial court for further proceedings consistent with this opinion.

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

STATE OF TENNESSEE
vs.
STEWART W. PAIT

Court:TCCA

Attorneys: 

FOR THE APPELLEE                    FOR THE APPELLANT
CROSS-APPELLANT:                    CROSS-APPELLEE:

STEWART W. PAIT, pro se             JOHN KNOX WALKUP 
#135240, S.T.S.R.C.F., Unit 12      Attorney General & Reporter
Route 4, Box 600
Pikeville, TN  37367                TIMOTHY F. BEHAN 
                                    Assistant Attorney General
                                    2nd Fl., Cordell Hull Building
                                    425 Fifth Avenue North 
                                    Nashville, TN  37243

                                    ALFRED C. SCHMUTZER, JR.
                                    District Attorney General 

                                    STEVEN E. HAWKINS
                                    Asst District Attorney General
                                    125 Court Avenue, Room 301-E
                                    Sevierville, TN  37862

                         
Judge:WOODALL

First Paragraph:

The case before this Court is a consolidation of two appeals.  The
first is the State's extraordinary appeal filed pursuant to Rule 10 of
the Tennessee Rules of Appellate Procedure, seeking review of the
trial court's attempt to set aside its previous order denying
post-conviction relief to Petitioner, Stewart W. Pait, and its attempt
to grant Petitioner a new sentencing hearing.  The second is
Petitioner's appeal of the trial court's original dismissal of his
petition for post-conviction relief.  In this appeal, the State argues
that the trial court was without jurisdiction when it set aside its
prior order of dismissal of Petitioner's post-conviction petition. 
The State further submits that the trial court erred in its order
allowing a new sentence for Petitioner.  Finally, the State argues
that the trial court correctly denied Petitioner's petition for
post-conviction relief in its first order.   We find that the trial
court was without jurisdiction to set aside its initial judgment and
that Petitioner's petition for post-conviction relief was properly
dismissed.

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

STATE OF TENNESSEE
vs.
JOE W. RUTHERFORD

Court:TCCA

Attorneys:

FOR THE APPELLANT:

ROBERT CHAD NEWTON
(At Trial)
800 Anderson Street
Kingsport, TN  37617

RAYMOND C. CONKIN, JR.
(On Appeal)
320 Cherokee Street, Suite B
Kingsport, TN  37660
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

H. GREELEY WELLS, JR.
District Attorney General

JOSEPH EUGENE PERRIN
Assistant District Attorney General
P.O. Box 526
Blountville, TN  37617-0526
                          
Judge:RILEY

First Paragraph:

The defendant, Joe W. Rutherford, was convicted after a bench trial of
public intoxication, a Class C misdemeanor; resisting arrest, a Class
B misdemeanor; and interfering with an arrest, a Class B misdemeanor. 
On appeal, defendant challenges the sufficiency of the convicting
evidence for each of his convictions.  After a thorough review of the
record before this Court, we affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
CALVIN LEE SNEED,           
 a/k/a MOONEY SNEED

Court:TCCA

Attorneys: 

For the Appellant:              For the Appellee:

Philip A. Condra                John Knox Walkup
District Public Defender        Attorney General and Reporter
204 Betsy Pack Drive                            
Jasper, TN 37347                Peter M. Coughlan       
                                Assistant Attorney General
                                425 Fifth Avenue North
                                Nashville, TN 37243-0493


                                James Michael Taylor
                                District Attorney General
                                265 Third Avenue, Suite 300
                                Dayton, TN 37321

                                James W. Pope, III
                                Assistant District Attorney
                         
Judge:Barker

First Paragraph:

The appellant, Calvin Lee Sneed, appeals as of right from his
conviction of first degree murder in the Rhea County Criminal Court. 
After a jury trial, appellant was convicted of first degree murder and
was sentenced to life imprisonment.

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

STATE OF TENNESSEE
vs.
CYNTHIA G. STARKS

Court:TCCA

Attorneys:

FOR THE APPELLANT:

BILL ANDERSON, JR.
138 North Third Street
Memphis, TN  38103-2007
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

JANIS L. TURNER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

JOHN W. PIEROTTI
District Attorney General

JAMES J. CHALLEN, III
Assistant District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN  38103-1947                          

Judge:RILEY

First Paragraph:

The defendant, Cynthia G. Starks, pled guilty to the offense of theft
over $10,000, a Class C felony.  The defendant agreed to a sentence of
three (3) years as a Range I offender and a fine of $500.  The trial
court denied the defendant's petition for total probation and refused
to grant her judicial diversion.  The trial court ordered an
alternative sentence of split confinement requiring the defendant to
serve weekends at the Shelby County Correctional Center for six (6)
months followed by three (3) years probation.  In this Court, the
defendant presents the following issue for our review: "[w]hether the
trial Court erred in ordering a split confinement type of sentence in
this matter, and, in light of the Court's determination, whether the
type sentence imposed on the Defendant was too severe as a matter of
law."  After a thorough review of the record, the briefs submitted by
the parties, and the law governing the issues presented for review, it
is the opinion of this Court that the judgment of the trial court
should be affirmed.

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

STATE OF TENNESSEE
vs.
WILLIE J. WADE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

HAROLD D. ARCHIBALD             JOHN KNOX WALKUP 
Falls Building, Suite 790       Attorney General & Reporter
22 North Front Street
Memphis, TN  38103              ELIZABETH T. RYAN 
                                Assistant Attorney General
                                2nd Floor, Cordell Hull Building
                                425 Fifth Avenue North
                                Nashville, TN  37243

                                ELIZABETH T. RICE
                                District Attorney General 
                                302 Market Street
                                Somerville, TN  38068
                          
Judge:WOODALL

First Paragraph:

The Defendant, Willie Wade, appeals as of right his conviction of
possession of cocaine with the intent to deliver following a jury
trial in the Fayette County Criminal Court.  The trial court sentenced
Defendant as a Range I Standard Offender to twelve (12) years in the
Department of Correction and fined him a total of $20,000.  In this
appeal, Defendant argues that the evidence was insufficient to sustain
a guilty verdict beyond a reasonable doubt.  We affirm the judgment of
the trial court.

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

STEPHEN MICHAEL WEST
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

Roger W. Dickson                John Knox Walkup
Leah M. Gerbitz                 Attorney General & Reporter 
Miller & Martin
1000 Volunteer Building         Michael E. Moore
832 Georgia Avenue              Solicitor General
Chattanooga, TN 37402
                                Glenn R. Pruden
John T. Milburn Rogers          John P. Cauley
Rogers, Laughlin, Nunnally,     Assistant Attorneys General
Hood & Crum 425                 Fifth Avenue North
100 South Main Street           Nashville, TN 37243-0493
Greeneville, TN 37743   
                                William Paul Phillips
                                District Attorney General

                                Clifton H. Sexton
                                Asst District Attorney General
                                P.O. Box 10
                                Huntsville, TN 37756-0010
                          
Judge:SUMMERS

First Paragraph:

The petitioner was convicted of two counts of first degree
premeditated murder, one count of aggravated rape, and two counts of
aggravated kidnapping. He was sentenced to death.  His convictions and
sentences were affirmed by the Tennessee Supreme Court.  State v.
West, 767 S.W.2d 387 (Tenn. 1989).  These brutal murders were
committed by the petitioner and another individual, Ronnie Martin,
whose case was severed.  At the petitioner's trial, his defense was
that he was forced by Martin to engage in the crimes and could not get
away from Martin although the appellant was bigger and taller than
Martin and was Martin's supervisor at a fast-food restaurant.  The
motive of the crimes was sex and money.  The petitioner gave varying
accounts of what had happened and blamed Martin for the crimes.  The
petitioner was represented at trial by two lawyers, Mr. McConnell and
Mr. McAlexander.

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

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