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.

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
05-New Opinons From TCCA

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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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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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