TBALink Opinion-Flash

June 15, 1998 -- Volume #4 -- Number #092

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):
03-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
00-New Opinons From TCA
04-New Opinons From TCCA

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George Dean
TBALink Chief Editor


STATE OF TENNESSEE
vs.
JAMES BLANTON

Court:TSC

Attorneys: 

FOR APPELLANT:              FOR APPELLEE:

Michael E. Terry            John Knox Walkup
Nashville                   Attorney General and Reporter

Mark Ivandick               Darian B. Taylor
Clarksville                 Assistant Attorney General
                            Nashville

                            Dan M. Alsobrooks
                            District Attorney General

                            J. Kenneth Atkins
                            Asst District Attorney General
                            Pro Tem

                            James W. Kirby
                            Asst District Attorney General
                            Charlotte
                         
Judge:HOLDER

First Paragraph:

In this capital case, the defendant, James Blanton, was convicted by a
jury of two counts of first degree premeditated murder, four counts of
grand larceny, and three counts of first degree burglary.  A jury
sentenced him to death on both counts of first degree murder based on
three aggravating circumstances:  (1)  the defendant was convicted of
one or more previous violent felonies; (2)  the murder was committed
for the purpose of avoiding, interfering with, or preventing a lawful
arrest or prosecution of the defendant or another; (3)  the murder was
committed while the defendant was engaged in committing, or was an
accomplice in the commission of, or was attempting to commit, or was
fleeing after committing or attempting to commit, any first degree
murder, arson, rape, robbery, burglary, larceny, kidnapping, aircraft
piracy, or unlawful throwing, placing or discharging of a destructive
device or bomb.  Tenn. Code Ann. S 39-2-203(i)(2), (6) & (7) (1982). 
In addition to the above aggravating circumstances, the jury found
that Mrs. Vester's murder was especially heinous, atrocious and cruel
in that it involved torture or depravity of mind.  Tenn. Code Ann. S
39-2-203(i)(5).  The jury found that no mitigating circumstances
sufficiently outweighed the aggravating circumstances.

URL:http://www.tba.org/tba_files/TSC/blantn_opn.WP6
URL:http://www.tba.org/tba_files/TSC/blantnd1_dis.WP6
URL:http://www.tba.org/tba_files/TSC/blantnd2_dis.WP6
Opinion-Flash

GEORGE WILLIAM "SONNY" CARROLL
    vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

MARK T. FREEMAN                 JOHN KNOX WALKUP
1092 Gen. George Patton Dr.     Attorney General and Reporter
Nashville, TN  37221
                                DARYL J. BRAND
                                Assistant Attorney General
                                425 Fifth Avenue North
                                Nashville, TN  37243-0493

                                MIKE BOTTOMS
                                District Attorney General
                                P. O. Box 459
                                Lawrenceburg, TN  38464
                         
Judge:SMITH

First Paragraph:

Appellant George William "Sonny" Carroll was convicted by a jury in
the Davidson County Criminal Court of twelve counts of aggravated
rape.  As a Range II persistent offender, he was sentenced to twelve
concurrent terms of sixty-five years incarceration with the Tennessee
Department of Correction.  This Court affirmed the convictions.  State
v. George William Carroll, No. 89-124-III, Davidson County (Tenn.
Crim. App., Nashville, March 8), perm. to appeal denied, (Tenn. 1990).
 On September 23, 1996, Appellant filed an application for writ of
habeas corpus in the Wayne County Circuit Court, alleging that he was
being illegally restrained on a conviction and sentence based upon two
fatally defective indictments which failed to properly set forth a
mens rea.  On January 31, 1997, the trial court denied the writ. 
Appellant presents the following issue for our consideration in this
appeal:  whether the trial court erred in dismissing the petition for
habeas corpus relief.

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

STATE OF TENNESSEE
vs.
EARL HAYNES

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

John H. Henderson                   John Knox Walkup
District Public Defender            Attorney General and Reporter
                            
Elaine B. Beeler                    Janis L. Turner
Assistant Public Defender           Assistant Attorney General
P.O. Box 68                         425 Fifth Avenue North
Franklin, TN 37065-0068             Nashville, TN 37243-0493
(On appeal)

Allston Vander Horst                Joseph D. Baugh, Jr.    
P.O. Box 11                         District Attorney General
Centerville, TN 37033
(At trial)                          Ronald L. Davis
                                    Assistant District Attorney
                                    Williamson County Courthouse
                                    Suite G-6
                                    Franklin, TN 37065
                         
Judge:Barker

First Paragraph:

The appellant, Earl Haynes, appeals as of right his conviction in the
Hickman County Circuit Court of aggravated assault.  He received a
sentence of six years as a Range II Multiple Offender to be served
consecutively to a sentence he is currently serving.

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

STATE OF TENNESSEE
vs.
PAUL DENNIS REID

Court:TCCA

Judge:Peay

First Paragraph:

The Defendant has filed application for permission to appeal pursuant
to Rule 9 of the Tennessee Rules of Appellate Procedure from orders of
the Davison County Criminal Court and the Montgomery County Circuit
Court.  In Davidson County case # 97-C-1834, Defendant is charged with
two counts of premeditated first degree murder and two alternate
counts of felony murder.  In Montgomery County case # 38887, Defendant
is charged with two counts of first degree murder and two alternate
counts of felony murder.  The cases involve different victims. 
Additional criminal acts, not relevant to the issues presented in this
appeal, were charged in both indictments.  The State has given proper
notice that it intends to seek the death penalty in both counties in
the event Defendant is convicted of first degree murder.

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

STATE OF TENNESSEE
vs.
TILLIE RUTH STEEPLES

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

PETER J. STRIANSE               JOHN KNOX WALKUP 
TUNE, ENTREKIN & WHITE, P.C.    Attorney General & Reporter
2100 First American Center
Nashville, TN  37238            ELIZABETH B. MARNEY
                                Assistant Attorney General
MARY A. PARKER                  2nd Floor, Cordell Hull Building
STEPHEN C. CROFFORD             425 Fifth Avenue North 
Suite 511, Cummins Station      Nashville, TN  37243
209 Tenth Avenue South
Nashville, TN  37203            VICTOR S. JOHNSON, III
                                District Attorney General

                                TOM THURMAN 
                                Asst District Attorney General
                                Washington Square, Suite 500 
                                222 Second Avenue North 
                                Nashville, TN  37201-1649                          

Judge:WOODALL

First Paragraph:

The Defendant, Tillie Ruth Steeples, appeals as of right the six-year
sentence imposed by the Davidson County Criminal Court following her
sentencing hearing.  After a careful review of the record, we affirm
the judgment of the trial court.

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

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