TBALink Opinion-Flash

August 11, 1998 -- Volume #4 -- Number #118

What follows is the case style or name, first paragraph, author's name, and the names of the attorneys for the parties of each opinion released today from Tennessee's three appellate courts.

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ANCRO FINANCE COMPANY
Individually and BURLAWN STREET
Individually, and BURLAWN STREET
for the use and benefit of Ancro Finance
vs.
CONSUMERS USA INSURANCE COMPANY

Court:TCA

Attorneys:

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

W. Ray Jamieson                         Allan B. Thorp                      
Benjamin T. Wages, Jr.                  Memphis, Tennessee    
Memphis, Tennessee                          

Judge:LILLARD

First Paragraph:

This is an insurance case.  The plaintiff purchased an automobile
insurance policy from the defendant.  Through a series of events, the
check given for the first installment of the insurance contract did
not clear because of a prior stop-payment order.  Before a valid check
could be delivered, the plaintiff's automobile burned.  The insurance
company defendant denied coverage and this suit ensued.  The trial
court granted summary judgment in favor of the defendant.  We affirm. 

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

BRADFORD T. ROBERTS and wife
JACQUELINE E. ROBERTS
vs.
THE CITY OF MEMPHIS

Court:TCA

Attorneys:

J. Whitten Gurkin, Memphis, Tennessee, for Plaintiffs/Appellants.

Ronald G. Wyatt, Assistant City Attorney, for Defendant/Appellee.                          

Judge:Farmer

First Paragraph:

Bradford T. Roberts sued the City of Memphis (City) and two of its
police officers, Terry W. Moore and Chris Joyner, for injuries and
damages he alleged to have suffered as a result of an accident
involving a vehicle owned and operated by Mr. Roberts.  The complaint
alleges that the other vehicle was owned by the City, was driven by
defendant Terry W. Moore and that defendant Chris Joyner was a
passenger in that vehicle.  Prior to trial, defendants Moore and
Joyner were dismissed.  Jacqueline E. Roberts sued for loss of
consortium.

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

STATE OF TENNESSEE
vs.
DON EDWARD CARTER

Court:TCCA

Attorneys: 

FOR THE APPELLANT:

GARY F. ANTRICAN (At Trial)
District Public Defender

JEANIE A. KAESS (At Trial)
Assistant Public Defender
118 East Market Street
P.O. Box 700
Somerville, TN  38068

C. MICHAEL ROBBINS (On Appeal)
3074 East Street
Memphis, TN  38128
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

MARVIN E. CLEMENTS, JR.
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

ELIZABETH T. RICE
District Attorney General

ED NEAL McDANIEL
Assistant District Attorney General
300 Industrial Park Drive
P.O. Box 473
Selmer, TN  38375-0473                         

Judge:RILEY

First Paragraph:

The defendant, Don Edward Carter, was convicted by a McNairy County
jury of two (2) counts of premeditated first degree murder.  He
received concurrent sentences of life imprisonment.  On appeal, he
claims that (1) the evidence was insufficient to sustain his
convictions for first degree murder, and (2) the trial court erred in
failing to suppress his confession at trial.  After a thorough review
of the record before this Court, we find no reversible error. 
Accordingly, the judgment of the trial court is affirmed.

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

STATE OF TENNESSEE
vs.
ERIC CREEKMORE

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

MAX E. HUFF                 JOHN KNOX WALKUP
115 Litton Road             Attorney General and Reporter
Oneida, TN  37841
                            TODD R. KELLEY
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN  37243

                            WILLIAM PAUL PHILLIPS
                            District Attorney General
                            P. O. Box 10
                            Huntsville, TN  37756                          

Judge:SMITH

First Paragraph:

Appellant Eric Creekmore appeals the trial court's denial of his
petition for post-conviction relief.  He presents the following issue
for review:  whether the trial court erred in denying Appellant's
petition for post-conviction relief based upon the ineffective
assistance of counsel.  After a review of the record, we affirm the
judgment of the trial court.

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

STATE OF TENNESSEE
vs.
RICHARD LEE FRANKLIN

Court:TCCA

Attorneys: 

FOR THE APPELLEE:               FOR THE APPELLANT

Michael M. Raulston             John Knox Walkup
Attorney at Law                 Attorney General & Reporter 
4701 Hixson Pike
Hixson, TN 37343-4818           Michael J. Fahey, II
                                Assistant Attorney General
Larry M. Warner                 Criminal Justice Division
Attorney at Law                 425 Fifth Avenue N
204 North Main Street           Nashville, TN 37243
Crossville, TN 38557
                                William Edward Gibson
                                District Attorney General

                                David A. Patterson
                                Assistant District Attorney General
                                145 S Jefferson Avenue
                                Cookeville, TN 38501-3424                            

Judge:SUMMERS

First Paragraph:

Richard Lee Franklin, the appellant, was originally convicted of first
degree murder in the shooting death of David Kirkland.  The trial
court granted the appellant's motion for a new trial because of
procedural errors.  The appellant was retried and convicted by a jury
of second degree murder in the Cumberland County Criminal Court.  He
was sentenced to twenty-two years in the Tennessee Department of
Correction.  He appeals and raises ten issues for our review.  We
affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
TYRONE PAUL LINTNER

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

EDWARD C. MILLER            JOHN KNOX WALKUP
Public Defender             Attorney General and Reporter
P.O. Box 416
Dandridge, TN 37725         SANDY C. PATRICK
                            Assistant Attorney General
                            425 5th Avenue North
                            Nashville, TN 37243

                            AL SCHMUTZER, JR.
                            District Attorney General

                            CHARLES E. ATCHLEY, JR.
                            Assistant District Attorney General
                            Sevierville, TN 37862
                         

Judge:SMITH

First Paragraph:

Appellant Tyrone Paul Lintner pleaded guilty in the Sevier County
Criminal Court on March 3, 1997 to two counts of forgery.  As a Range
I standard offender, Appellant was sentenced to four years
incarceration with the Tennessee Department of Correction for the
first count and two years for the second count, to be served
consecutively.  The trial court ordered him to pay $48,195.45 in
restitution.  Appellant raises the following issue on appeal: whether
the trial court should have instituted an alternative sentence.

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

STATE OF TENNESSEE
vs.
STEPHANIE ANN MAYS

Court:TCCA

Attorneys:

FOR THE APPELLANT:

JOSEPH P. ATNIP
District Public Defender
111 Main Street
P.O. Box 734
Dresden, TN 38225
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

PETER M. COUGHLAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

THOMAS A. THOMAS
District Attorney General
414 South Fourth St.
P.O. Box 218
Union City, TN 38261-0218                          

Judge:RILEY

First Paragraph:

The defendant, Stephanie Ann Mays, appeals the trial court's
revocation of her Community Corrections sentence.  The defendant
contends the trial court abused its discretion in finding her in
violation of the terms of the Community Corrections sentence.  The
judgment of the trial court is AFFIRMED.

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

STATE OF TENNESSEE
vs.
LARRY DALE RAMSEY

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

Cary C. Taylor                  John Knox Walkup
547 East Sullivan Street        Attorney General and Reporter
Kingsport, TN 37660 
                                Sandy C. Patrick
                                Assistant Attorney General
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                        
                                H. Greeley Wells, Jr.
                                District Attorney General

                                Barry Staubus
                                Asst. District Attorney General
                                Blountvile, TN  37617                          

Judge:Hayes

First Paragraph:

The appellant, Larry Dale Ramsey, appeals the decision of the Sullivan
County Criminal Court imposing an effective eight year Department of
Correction sentence following entry of his guilty pleas to one count
of rape and two counts of sexual battery.   In this appeal, the
appellant contends that the trial court erred in denying him a
non-incarcerative alternative sentence.

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

STATE OF TENNESSEE
vs.
WILLIAM L. ROBINSON,

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

Mark E. Stephens                    John Knox Walkup
District Public Defender            Attorney General & Reporter 

Paula R. Voss                       Todd R. Kelley
John Halstead                       Assistant Attorney General
Asst. District Public Defenders     Criminal Justice Division
1209 Euclid Avenue                  425 Fifth Avenue, North
Knoxville, TN 37921                 Nashville, TN 37243

                                    Randall E. Nichols
                                    District Attorney General

                                    Charme P. Johnson
                                    Asst. District Attorney General
                                    400 Main Street, P.O. Box 1468
                                    Knoxville, TN 37901-1468                         

Judge:SUMMERS

First Paragraph:

The appellant, William L. Robinson, entered a best interest plea to
one count of aggravated child abuse, a Class B felony.  After a
hearing, the Criminal Court at Knox County denied the appellant's
application for probation and sentenced him to eight (8) years in the
Tennessee Department of Correction.  He appeals.  The issue is whether
the evidence supports the court's decision.  We affirm the judgment of
the trial court.

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

RONALD E. ROBINSON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

ALBERT J. NEWMAN, JR.           JOHN KNOX WALKUP
Attorney at Law                 Attorney General & Reporter
Suite 500, Burwell Bldg.
602 S. Gay St.                  ELIZABETH B. MARNEY
Knoxville, TN  37902            Asst. Attorney General
                                425 Fifth Ave. N., 2d Floor
                                Nashville, TN  37243-0493

                                RANDALL E. NICHOLS
                                District Attorney General

                                MARSHA SELECMAN
                                Asst. District Attorney General
                                City County Bldg.
                                Knoxville, TN 37902                          

Judge:WITT

First Paragraph:

The petitioner, Ronald E. Robinson, appeals the Knox County Criminal
Court's dismissal of his petition for post-conviction relief. 
Robinson is presently serving an effective 37 year sentence for
convictions of aggravated rape, two counts of aggravated kidnapping,
aggravated assault, assault and battery.  State v. Ronald Eugene
Robinson, No. 03C01-9212-CR-00433 (Tenn. Crim. App., Knoxville, Oct.
26, 1993), perm. app. denied (Tenn. 1994) (concurring in results
only).  He filed a timely petition for post-conviction relief, which
he amended four times pro se and a fifth time through counsel.  The
allegations were numerous; however, at the post-conviction hearing he
proceeded on only two issues -- ineffective assistance of counsel and
actual innocence.  The trial court heard the testimony of witnesses,
including the petitioner,  and concluded the petition was without
merit.  In this appeal of the trial court's ruling, the petitioner
specifically challenges only one of the trial court's determinations
-- that he was afforded the effective assistance of counsel in the
determination that he would not testify at his trial.  Having reviewed
the record and the briefs of the parties, we affirm the trial court's
dismissal of this action.

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

STATE OF TENNESSEE
vs.
ODELL SMITH

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

A.C. WHARTON                        JOHN KNOX WALKUP 
District Public Defender            Attorney General & Reporter

W. MARK WARD                        PETER M. COUGHLAN 
Assistant Public Defender           Assistant Attorney General
Criminal Justice Center, Suite 201  2nd Floor, Cordell Hull Building
201 Poplar Avenue                   425 Fifth Avenue North
Memphis, TN  38103                  Nashville, TN  37243

                                    JOHN W. PIEROTTI 
                                    District Attorney General 

                                    JERRY HARRIS
                                    Asst. District Attorney General

                                    DAVID HENRY
                                    Asst. District Attorney General
                                    Criminal Justice Center, Suite 301
                                    201 Poplar Avenue 
                                    Memphis, TN  38103                          

Judge:WOODALL

First Paragraph:

The Defendant, Odell Smith, appeals as of right his convictions of
felony murder and especially aggravated robbery in the Shelby County
Criminal Court. The jury sentenced Defendant to life imprisonment
without the possibility of parole for the felony murder.  The trial
court subsequently entered a judgment sentencing Defendant to twenty
(20) years for the especially aggravated robbery conviction.  The two
sentences were ordered to be served concurrently, but consecutive to a
prior offense for which Defendant was on parole at the time he
committed the present offenses.  Defendant argues the following eight
(8) issues in this appeal: 1.  Whether the evidence was sufficient to
convict Defendant of the especially aggravated robbery of the victim;
2.  Whether the trial court erred in instructing the jury on attempted
robbery during its felony murder charge; 3.  Whether Defendant was
entitled to a jury instruction of reckless homicide, criminally
negligent homicide, or attempted robbery; 4.  Whether the trial court
properly ruled that the State could impeach Defendant with past
convictions for larceny, burglary, receiving stolen property and
robbery with a deadly weapon during the guilt phase as well as the
penalty phase of the trial (Defendant's Issues 4 and 5); 5.  Whether
the trial court properly allowed the State to rebut Defendant's
mitigation testimony with evidence of his cocaine use in prison
(Defendant's Issue 6); 6.  Whether the trial court properly admitted a
photograph taken of the victim while he was alive (Defendant's Issue
7); 7.  Whether the victim impact references made by the State during
opening and closing statements were proper (Defendant's Issue 8); and
8.  Whether the jury verdict regarding the statutory aggravator was
ambiguous (Defendant's Issue 9).

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

STATE OF TENNESSEE
vs.
CHARLES MARTIN STOOTS

Court:TCCA

Attorneys:  

FOR THE APPELLANT:

GEORGE MORTON GOOGE
District Public Defender

STEPHEN P. SPRACHER
(Hearing Only)
227 W. Baltimore
Jackson, TN 38301-6137

C. MICHAEL ROBBINS
(Appeal Only)
3074 East Street
Memphis, TN 38128

FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

PETER M. COUGHLAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

JAMES G. WOODALL
District Attorney General

JAMES W. THOMPSON
Assistant District Attorney General
225 Martin Luther King Dr.
P.O. Box 2825
Jackson, TN 38302-2825                        

Judge:RILEY

First Paragraph:

The defendant, Charles Martin Stoots, appeals the trial court's
revocation of his Community Corrections sentence.  The defendant pled
guilty to burglary, two (2) counts of theft over $1,000 and DUI.  The
defendant received an effective sentence of six (6) years to be served
in Community Corrections consecutive to an eleven (11) month
twenty-nine (29) day sentence of confinement for DUI.  The defendant
failed to report to serve the DUI sentence.  We find the trial court
did not abuse its discretion in revoking the defendant's Community
Corrections sentence and AFFIRM its decision.

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


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