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TBALink Opinion-Flash
June 18, 1998 -- Volume #4 -- Number #095
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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- 03-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 00-New Opinons From TSC-Workers Comp Panel
- 00-New Opinons From TCA
- 05-New Opinons From TCCA
- 03-New Opinons From TSC
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George Dean
TBALink Chief Editor
STATE OF TENNESSEE vs. MICHAEL RALPH ALFORD Court:TSC Attorneys: For Appellant: For Appellee: DAVID L. HAMBLEN JOHN KNOX WALKUP Union City, Tennessee Attorney General and Reporter MICHAEL E. MOORE Solicitor General GORDON W. SMITH Associate Solicitor General DEBORAH A. TULLIS Assistant Attorney General Nashville, Tennessee JAMES G. WOODALL District Attorney General DONALD H. ALLEN Assistant District Attorney Jackson, Tennessee Judge:BIRCH First Paragraph: The Circuit Court for Madison County entered judgment on a jury verdict convicting Michael Ralph Alford, the appellant, of aggravated assault for stabbing Ricky Murchison with the sharp end of a four-way tire tool and inflicting a wound approximately five to six inches deep. Following a hearing, the trial court imposed a sentence of four years in the Department of Correction. URL:http://www.tba.org/tba_files/TSC/ALFORDR_OPN.WP6
JIM PARKS
vs.
TENNESSEE MUNICIPAL LEAGUE
RISK MANAGEMENT POOL, and
LARRY BRINTON, DIRECTOR,
DIVISION OF WORKERS'
COMPENSATION, TENNESSEE
DEPARTMENT OF LABOR, SECOND
INJURY FUND
Court:TSC
Attorneys:
For Appellant: For Appellee, Jim Parks:
John Knox Walkup T. J. Emison
Attorney General and Reporter Alamo, Tennessee
Dianne Stamey Dycus For Appellee, Tennessee Municipal
Senior Counsel League Risk Management PooL:
Attorney General's Office W. Timothy Hayes, Jr.
Nashville, Tennessee Memphis, Tennessee
Judge:ANDERSON
First Paragraph:
We granted the motion for review filed by the Tennessee Department of
Labor's Second Injury Fund to determine whether an employee who
previously received workers' compensation permanent partial disability
benefits is entitled to permanent partial disability benefits under
Tenn. Code Ann. S 50-6 241(a)(1)(Supp. 1997) for a later work injury
based on his total medical impairment rating for all work injuries or
the medical impairment rating solely attributable to his most recent
work injury.
URL:http://www.tba.org/tba_files/TSC/PARKSJ_OPN.WP6
STATE OF TENNESSEE
vs.
JACQUELINE DEANNA ALEXANDER VICKERS
and WILLIAM J. BOONE
Court:TSC
Attorneys:
For Appellants: For Appellee:
PATRICK MARTIN JOHN KNOX WALKUP
Jackson, Tennessee Attorney General and Reporter
(For Appellant Vickers)
MICHAEL E. MOORE
HENRY HAILE Solicitor General
Nashville, Tennessee
and DAVID M. HIMMELREICH
CARTHEL L. SMITH, JR. LAURA DYKES
Lexington, TN Deputy Attorney General
(For Appellant Boone)
ALBERT L. PARTEE, III
Senior Counsel
Nashville, Tennessee
JAMES G. WOODALL
District Attorney General
Jackson, Tennessee
Judge:BIRCH
First Paragraph:
We granted permission to appeal under Tenn. R. App. P. 11 to the
appellants, Jacqueline Deanna Alexander Vickers and William J. Boone.
The issue is whether a trial court may conduct a pretrial evidentiary
hearing, pursuant to Tenn. R. Crim. P. 12, to determine the
evidentiary sufficiency relevant to the tolling of the statute of
limitations. Because the statute of limitations issue presented
herein is not one "which is capable of determination without the trial
of the general issue," we conclude that it should have been submitted
to the jury. Accordingly, the judgment of the Court of Criminal
Appeals is affirmed.
URL:http://www.tba.org/tba_files/TSC/VICKERSJ_OPN.WP6
STATE OF TENNESSEE
vs.
DAVID WAYNE BATEMAN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
CLIFFORD K. MCGOWN JOHN KNOX WALKUP
113 North Court Square Attorney General and Reporter
Waverly, TN 37185
DEBORAH A. TULLIS
SHIPP R. WEEMS Assistant Attorney General
District Public Defender 425 Fifth Avenue North
CAREY THOMPSON Nashville, TN 37243
Asst Dist. Public Defender
P. O. Box 160 DAN ALSOBROOKS
Charlotte, TN 37036-0160 District Attorney General
ROBERT WILSON
Assistant District Attorney
P. O. Box 580
Charlotte, TN 37036
Judge:SMITH
First Paragraph:
A Dickson County jury convicted Appellant, David Wayne Bateman, of
rape of a child. After a sentencing hearing where the court did not
find any mitigating factors and found two enhancing factors, the trial
court sentenced Appellant to twenty-five years incarceration in the
Tennessee Department of Correction to be served at 100% pursuant to
Tennessee Code Annotated S 40 35-501(I)(1) &(2). In addition, the
trial court found Appellant guilty of criminal contempt for an obscene
outburst at the sentencing hearing, and sentenced him to serve ten
days consecutive to his other sentence. In this appeal Appellant
maintains the evidence of his guilt is insufficient and that his
sentence is excessive.
URL:http://www.tba.org/tba_files/TCCA/batemada_opn.WP6
JAMES R. JACKSON
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
William C. Roberts, Jr. John Knox Walkup
Parkway Towers, Ste. 1502 Attorney General & Reporter
Nashville, TN. 37219
Karen M. Yacuzzo
Assistant Attorney General
425 Fifth Avenue North
2nd Floor Cordell Hull Building
Nashville, TN. 37243-0493
Victor S. Johnson III
District Attorney General
Roger D. Moore
Asst District Attorney General
Washington Square, Ste. 500
222 2nd Avenue North
Nashville, TN. 37201-1649
Judge:BARKER
First Paragraph:
The appellant, James R. Jackson, appeals the Davidson County Criminal
Court's dismissal of his petition for post-conviction relief. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/jacksonj_opn.WP6
STATE OF TENNESSEE
vs.
PAUL RALPH LEATH
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Comer Donnell Charles W. Burson
District Public Defender Attorney General of Tennessee
and
Howard L. Chambers Karen M. Yacuzzo
and Asst Atty General of Tennessee
Randy Wakefield 425 Fifth Avenue North
Assistant Public Defenders Nashville, TN 37243-0493
213 North Cumberland Street
P.O. Box 888 Tom P. Thompson, Jr.
Lebanon, TN 37087 District Attorney General
and
John Wootten
Asst District Attorney General
P.O. Box 178
Hartsville, TN 37074-0178
Judge:Tipton
First Paragraph:
The defendant, Paul Ralph Leath, was convicted of three counts of rape
of a child, Class A felonies, and two counts of aggravated sexual
battery, Class B felonies. He received Range I, consecutive sentences
of twenty years for each rape of a child conviction and ten years for
each aggravated sexual battery conviction for an effective sentence of
eighty years.
URL:http://www.tba.org/tba_files/TCCA/leathpr_opo.WP6
STATE OF TENNESSEE
vs.
ROBERT ANTHONY PAYNE,
a.k.a. ANTHONY JORDAN
Court:TCCA
Attorneys:
FOR THE APPELLANT:
KARL DEAN
(Of Counsel)
Public Defender
JEFFREY A. DEVASHER
(On Appeal)
Senior Assistant Public Defender
1202 Stahlman Building
Nashville, TN 37201-5066
ALAN E. CALHOUN
J. MICHAEL ENGLE
(At Trial)
Assistant Public Defenders
1202 Stahlman Building
Nashville, TN 37201-5066
FOR THE APPELLEE:
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
SHARON L. BROX
DAN HAMM
Asst. District Attorneys General
222 Second Avenue North
Washington Square, Suite 500
Nashville, TN 37201-1649
Judge:RILEY
First Paragraph:
The defendant, Robert Anthony Payne, a.k.a. Anthony Jordan, was
convicted by a Davidson County jury of one (1) count of vehicular
homicide, a Class C felony; two (2) counts of reckless endangerment
with a deadly weapon, Class E felonies; three (3) counts of reckless
aggravated assault, Class D felonies; and one (1) count of intentional
or knowing aggravated assault, a Class C felony. The trial court
sentenced defendant as a Range II offender to ten (10) years for
vehicular homicide, two (2) years for each count of reckless
endangerment, eight (8) years for each count of reckless aggravated
assault, and ten (10) years for intentional or knowing aggravated
assault. The trial court ordered that the sentences run consecutively
for an effective sentence of forty eight (48) years.
URL:http://www.tba.org/tba_files/TCCA/paynera_opn.WP6
URL:http://www.tba.org/tba_files/TCCA/paynerac_con.WP6
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