TBALink Opinion-Flash

Month , 1998 -- Volume #4 -- Number #123

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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00-New Opinons From TSC
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04-New Opinons From TCA
24-New Opinons From TCCA

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ESTATE OF GEORGE BRECKENRIDGE
WYATT,  
MARGARET WYATT ENGMAN, GEORGE
BRECKENRIDGE WYATT, JR., and
THOMAS E. WYATT, Co-Personal
Representatives of the Estate of George
Breckenridge Wyatt
VS.
VISTA FAMILY OF MUTUAL FUNDS
by and through its plan administrator
CHASE MANHATTAN BANK, N.A.,
INVESTMENT MANAGEMENT &
RESEARCH, INC., and GARY WEBSTER

Court:TCA

Attorneys:

For the Plaintiffs/Appellees:           For the Defendants/Appellants:

Nancy L. Choate                         Christopher G. Lazarini
Jackson, Tennessee                      Memphis, Tennessee                          

Judge:LILLARD

First Paragraph:

This case involves the interpretation of the arbitration clause in the
customer agreement for an investment account.  The personal
representatives of an estate sought damages for alleged wrongdoing
with regard to assets of the estate.  Certain defendants filed a
motion to stay the proceedings and compel arbitration.  The trial
court held that the arbitration clause did not apply in this case and
denied the motion.  We affirm.

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


LINDA L. MIRES
VS.
DAVID CLAY AND BILL HAYES, 
ET AL,

Court:TCA

Attorneys:                          

James H. Bradberry & Associtaes of Dresden
For Appellee
    
H. Max Speight of Martin
For Appellant, Bill Hayes

Judge:CRAWFORD

First Paragraph:

This case involves the violation of the Tennessee Consumer Protection
Act (TCPA) in connection with a breach of a residential construction
contract.  Defendant, Bill Hayes, appeals the judgment of the trial
court on a jury verdict awarding plaintiff, Linda Mires, $5,000.00 for
violation of TCPA and the trial court's order awarding plaintiff
$5,907.50 in attorney fees and expenses.

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


MARIE PUCKETT, Indiv. & as Admrx.
Of the Estate of Robert E. Harrison,
deceased, ROBERT RONALD
HARRISON, TRINA DEE MANSFIELD,
RELMA LOUISE KESTERSON,
STEPHEN DANIEL HARRISON,
NELLIE LUCILLE COOK and
JOSEPH DANIEL HARRISON  
VS.
PALMA DIANE HARRISON and
TAMMIE HARRISON KINCER

Court:TCA

Attorneys:

H. MAX SPEIGHT
Dresden, Tennessee
Attorney for Appellants

JAMES H. BRADBERRY
Dresden, Tennessee
Attorney for Appellee                      

Judge:HIGHERS

First Paragraph:

This appeal involves a divorced couple who decided to forego certain
provisions in their marital dissolution agreement concerning ownership
of the marital residence without the consultation of counsel or the
court.

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

KAREN L. SMALLWOOD DAVIS
VS.
HERBERT LEE SMALLWOOD, JR.

Court:TCA

Attorneys:
For the Petitioner/Appellant:       For the Respondent/Appellant:

Christopher L. Brown                Larry F. McKenzie                   
Bartlett, Tennessee                 Henderson, Tennessee                            

Judge:LILLARD

First Paragraph:

This is a post-divorce child custody case.  The parties' Marital
Dissolution Agreement provided that the parties would have joint
custody of the parties' minor children, and that the children would
live with the husband.  In this action, the mother sought a change of
custody, based on allegations that the husband improperly cared for
the teenage children.  After hearing the parties' testimony and
interviewing the children, the trial court denied the petition for
change of custody.  We affirm.

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


STATE OF TENNESSEE
VS.
JOHN GRAVES, ALIAS

Court:TCCA

Attorneys: 

FOR THE APPELLEE:               FOR THE APPELLANT:

ROBERT S. HOLLAND               JOHN KNOX WALKUP
SHANNON M. HOLLAND              Attorney General and Reporter
10805 Kingston Pike, Suite 130
The Sandstone West Building     ELLEN H. POLLACK
Knoxville, TN 37922             Assistant Attorney General
                                425 5th Avenue North
                                Nashville, TN 37243

                                RANDALL E. NICHOLS
                                District Attorney General

                                RANDALL E. REAGAN
                                Assistant District Attorney General
                                City-County Building
                                Knoxville, TN 37902
                         

Judge:WELLES

First Paragraph:

The State of Tennessee appeals as of right, pursuant to Tennessee Rule
of Appellate Procedure 3(c), from a judgment of dismissal entered in
the Criminal Court for Knox County.  The trial court judge dismissed
the cause of action against the Defendant, John Graves, Alias, without
stating his reasoning on the record.  We infer from the record that
the action was dismissed based upon expiration of the statute of
limitations.  We reverse the judgment of the trial court.

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


STATE OF TENNESSEE
VS.
BRIAN J. HUNTER

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

W. MARK WARD                    JOHN KNOX WALKUP 
201 Poplar Avenue, Suite 2-01   Attorney General & Reporter
Memphis, TN  38103
                                PETER M. COUGHLAN 
GARLAND ERGUDEN                 Assistant Attorney General
242 Poplar Avenue               2nd Floor, Cordell Hull Building
Memphis, TN  38103              425 Fifth Avenue North
                                Nashville, TN  37243

                                JOHN W. PIEROTTI 
                                District Attorney General 

                                JOHNNY R. McFARLAND
                                Assistant District Attorney General
                                Criminal Justice Center, Suite 301
                                201 Poplar Avenue 
                                Memphis, TN  38103                          

Judge:WOODALL

First Paragraph:

The Appellant, Brian J. Hunter, appeals by permission pursuant to Rule
9 of the Tennessee Rules of Appellate Procedure.  Appellant was
indicted for second degree murder and was tried by a jury in the
Shelby County Criminal Court.  At the end of the State's proof, the
Appellant moved for a judgment of acquittal which was overruled by the
trial court.  Following the conclusion of the evidence, the trial
court, over the objection of Appellant, charged the jury on the lesser
grade offense of voluntary manslaughter.  The State did not request
the trial court to charge the lesser grade offense of voluntary
manslaughter.  The jury was ultimately unable to reach a verdict. 
When polled, the jury stated that they found Appellant not guilty of
second degree murder, but were unable to reach a verdict as to whether
he was guilty of voluntary manslaughter.  The trial court declared a
mistrial on the voluntary manslaughter charge.

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

STATE OF TENNESSEE
VS.
BRIAN J. HUNTER

Court:TCCA                      

Judge:HAYES

First Paragraph:

Because I find that an instruction on the lesser grade offense of
voluntary manslaughter was not warranted by the proof presented at
trial, I am unable to join with the majority's conclusion. 
Accordingly, I would reverse and remand for dismissal of the
indictment.

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

STATE OF TENNESSEE
VS.
DONNIE ALFRED JOHNSON

Court:TCCA

Attorneys:
FOR THE APPELLANT:          FOR THE APPELLEE:

RAYMOND L. IVEY             JOHN KNOX WALKUP
P. O. Box 229               Attorney General and Reporter
Huntingdon, TN  38344           
                            MARVIN E. CLEMENTS, JR.
                            Assistant Attorney General
                            425 Cordell Hull Builiding, 2nd Floor
                            Nashville, TN  37243-0493

                            ROBERT RADFORD
                            District Attorney General
                            P. O. Box 686
                            Huntingdon, TN  38344
                           

Judge:SMITH

First Paragraph:

On October 17, 1996, a Benton County jury found Appellant, Donnie
Alfred Johnson, guilty of failure to appear, driving under the
influence of an intoxicant, possession of a controlled substance with
intent to deliver or sell, and possession of unlawful drug
paraphernalia. The trial court sentenced Appellant to eleven months
and twenty-nine days (all but six months suspended) for failure to
appear, to eleven months and twenty-nine days for driving under the
influence of an intoxicant, to one year as a Range I standard offender
for possession of a controlled substance with intent to deliver or
sell, and to eleven months and twenty-nine days for possession of drug
paraphernalia. The last three sentences were ordered to be run
concurrently to each other and consecutive to the six months for
failure to appear, for an aggregate sentence of one year and six
months incarceration. Appellant appeals from those convictions,
raising several issues:

1) whether the trial court erred in refusing to suppress the evidence
found by a police officer who stopped Appellant outside of the
officer's jurisdiction;

2) whether the trial court erred in refusing to instruct the jury as
to the law regarding police jurisdiction;

3) whether the trial court erred in allowing the introduction of
marijuana seized from Appellant into evidence despite the State's
failure to prove a chain of custody;

4) whether the trial court erred in upholding the jury verdict for
possession of drug paraphernalia despite the fact the paraphernalia
was not introduced into evidence.

After a careful review of the record, we affirm the judgment of the
trial court.

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


LARRY JUNIOR KEATON
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

HENRY D. FINCHER                JOHN KNOX WALKUP 
15 South Jefferson Avenue       Attorney General & Reporter
Cookeville, TN  38501
                                KAREN M. YACUZZO
                                Assistant Attorney General
                                2nd Floor, Cordell Hull Building
                                425 Fifth Avenue North 
                                Nashville, TN  37243

                                WILLIAM EDWARD GIBSON
                                District Attorney General 

                                ANTHONY J. CRAIGHEAD
                                Assistant District Attorney General
                                145 South Jefferson Avenue
                                Cookeville, TN  38501                          

Judge:WOODALL

First Paragraph:

The Petitioner, Larry Junior Keaton, appeals the order of the Dekalb
County Criminal Court dismissing his petition for post-conviction
relief.  Petitioner argues the following four (4) issues in this
appeal: 

1.  Whether Petitioner's right to due process was violated  by
both the State not giving notice of its intent to dismiss a count in
the indictment for the sale of a certain drug and by the State's
reference to that certain drug during trial;

2.  Whether the State's closing argument at trial was proper;

3.  Whether the career offender statute is constitutional;

4.  Whether the trial court erred in failing to instruct the jury as
to a lesser included offense; and

5.  Whether Petitioner's trial counsel was ineffective.

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

LARRY JUNIOR KEATON
VS.
STATE OF TENNESSEE

Court:TCCA                        

Judge:Wade

First Paragraph:

Except for the conclusion that the failure to instruct a lesser
included offense is not a constitutional abridgement, I concur
entirely with the majority opinion.

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

MICHAEL MARTIN
VS.
STATE OF TENNESSEE

Court:TCCA
 
Judge:SUMMERS

First Paragraph:

This matter is before the Court upon motion of the state to affirm the
judgment of the trial court pursuant to Rule 20, Rules of the Court of
Criminal Appeals.  This case represents an appeal from the trial
court's denial of the petitioner's petition for writ of habeas corpus.
 The petitioner pled guilty to voluntary manslaughter in 1996 and
received a ten year sentence.  No appeal was taken.  In his present
petition, the petitioner claims that counsel did not fully explain the
conditions of his plea.  The trial court found that "[t]he
petitioner's allegations as to what his counsel did or did not tell
him is not proper subject for habeas corpus relief."

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


DERRICK E. MEANS
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE: 

Randall B. Tolley           John Knox Walkup
242 Poplar Avenue           Attorney General & Reporter
Memphis, TN  38103          425 Fifth Avenue, North
                            Nashville, TN  37243-0493

                            Peter M. Coughlan
                            Assistant Attorney General
                            425 Fifth Avenue, North
                            Nashville, TN  37243-0493

                            William L. Gibbons
                            District Attorney General
                            201 Poplar Avenue, Suite 301
                            Memphis, TN  38103

                            C. Alanda Horne
                            Assistant District Attorney General
                            201 Poplar Avenue, Suite 301
                            Memphis, TN  38103                          

Judge:PER CURIAM  

First Paragraph:


The petitioner, Derrick E. Means, appeals the trial court's denial of
post-conviction relief.  The issue presented for our review is whether
the petitioner's guilty pleas were knowingly and voluntarily made.

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


STATE OF TENNESSEE
VS.
JAMES R. MOSS

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

Richard W. DeBerry                  John Knox Walkup
Assistant District Public Defender  Attorney General & Reporter
24th Judicial District
117 North Forrest Avenue            Marvin E. Clements, Jr.
Camden, TN  38320                   Assistant Attorney General      
                                    Criminal Justice Division
                                    Cordell Hull Building, 2nd Floor
                                    425 Fifth Avenue North
                                    Nashville, TN  37243                          

Judge:BYERS

First Paragraph:

The defendant, James R. Moss, appeals as of right from the judgment of
the Hardin County Circuit Court which denied him probation on two
convictions of obtaining a controlled substance by fraud for which he
was sentenced to serve three years on each offense concurrently.

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

STATE OF TENNESSEE
VS.
JAMES C. NICHOLS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

KARL DEAN                       JOHN KNOX WALKUP 
District Public Defender        Attorney General & Reporter

JEFFREY A. DeVASHER             TIMOTHY F. BEHAN
Assistant Public Defender       Assistant Attorney General
(On Appeal)                     2nd Floor, Cordell Hull Building
                                425 Fifth Avenue North 
ROBERT M. ROBINSON              Nashville, TN  37243
MARY GRIFFIN
Assistant Public Defenders      VICTOR S. JOHNSON, III
1202 Stahlman Building          District Attorney General
Nashville, TN  37201
(At Trial)                      NICHOLAS D. BAILEY 
                                Assistant District Attorney General
                                Washington Square   
                                222 Second Avenue North, Suite 500
                                Nashville, TN  37201-1649
                         

Judge:WOODALL

First Paragraph:

The Defendant, James C. Nichols, appeals as of right from his
conviction in the Davidson County Criminal Court.  Following a jury
trial, the Defendant was convicted of first degree murder and was
sentenced as a career offender to serve  a life sentence in the
Tennessee Department of Correction.  In this appeal, the Defendant
argues the following issues: 1) Whether the trial court erred in
denying the Defendant's motion to suppress statements made to the
police;

2) Whether the evidence was insufficient to support the Defendant's
conviction for first degree murder;

3) Whether the trial court erred in allowing the admission of prior
threats by the Defendant against the victim during the State's
case-in-chief; and

4) Whether the trial court erred in denying the Defendant's motions
(a) for an amended instruction on the range of punishment and (b) to
strike the portion of the range of punishment instruction which
advises the jury of the minimum length of time Defendant would serve
prior to parole eligibility.

We affirm the judgment of the trial court.

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

STATE OF TENNESSEE
VS.
JAMES C. NICHOLS

Court:TCCA
                         
Judge:Wade

First Paragraph:

I concur in the result reached in this case; I write separately only
to address the parole eligibility jury instruction.  In State v. King,
____ S.W.2d ____ (Tenn. 1998), our supreme court ruled that the charge
on parole eligibility and early release was acceptable for the primary
reason that the jury was provided the instruction on an "information
only" basis.  The charge in this instance is distinguishable because
the jury was directed to "weigh and consider the meaning of a sentence
of imprisonment" and then advised of release eligibility for each
offense.  In my opinion, when the duty of the jury is to determine
only whether the defendant is guilty beyond a reasonable doubt, an
instruction requiring consideration of release eligibility violates
due process.  As Judge Joe G. Riley wrote in State v. Jason M.
Weiskopf, No. 02C01-9611-CR-00381, slip op. at 9 (Tenn. Crim. App., at
Jackson, Feb. 4, 1998), app. filed by state, May 6, 1998, it "allows
consideration of extraneous information, not adduced as proof [at
trial], that in no way relates to [the] determination of guilt or
innocence."

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


WILLIAM CHARLES PARKER
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

FOR THE APPELLANT:

TERESA McCAIG MARSHALL
308 W. Washington Street
P.O. Box 459
Paris, TN 38242-0459

FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

CLINTON J. MORGAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

G. ROBERT RADFORD
District Attorney General

STEVEN L. GARRETT
Assistant District Attorney General
111 Church Street
P.O. Box 686
Huntingdon, TN 38344-0686

Judge:RILEY

First Paragraph:

The petitioner, William Charles Parker, appeals the trial court's
denial of his petition for post-conviction relief.  He received a life
sentence after pleading guilty to first degree murder and now claims
the plea was the result of ineffective assistance of counsel.  The
judgment of the trial court is AFFIRMED.

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

STATE OF TENNESSEE
VS.
GARY PRUDE

Court:TCCA

Attorneys:
FOR THE APPELLANT:          FOR THE APPELLEE:

ROBERT A. WAMPLER           JOHN KNOX WALKUP
P.O. Box 3410               Attorney General and Reporter
Memphis, TN 38173-0410
                            PETER M. COUGHLAN
                            Assistant Attorney General
                            425 5th Avenue North
                            Nashville, TN 37243

                            JOHN W. PIEROTTI
                            District Attorney General

                            DAN BYER
                            Assistant District Attorney General
                            Criminal Justice Complex, Suite 301
                            201 Poplar Street
                            Memphis, TN 38103                          

Judge:WELLES

First Paragraph:

This is an appeal as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure.  The Defendant was convicted on a Shelby
County jury verdict of driving while under the influence of an
intoxicant (fourth offense) and reckless driving.  On this appeal he
argues (1) that the trial judge erred by charging the jury regarding
criminal responsibility for the conduct of another, and (2) that under
the circumstances of this case, the inclusion of this jury instruction
violated the Defendant's constitutional right to a unanimous verdict. 
We find no reversible error and affirm the judgment of the trial
court.

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


STATE OF TENNESSEE
VS.
MIKE RAMSEY

Court:TCCA

Attorneys:
FOR THE APPELLANT:          FOR THE APPELLEE:

JULIE A. MARTIN             JOHN KNOX WALKUP
P.O. Box 426                Attorney General and Reporter
Knoxville, TN 37901-0426
                            GEORGIA BLYTHE FELNER
MACK GARNER                 Assistant Attorney General
District Public Defender    425 5th Avenue North
419 High Street             Nashville, TN 37243
Maryville, TN 37804
                            MIKE FLYNN
                            District Attorney General

                            PHILIP MORTON
                            Assistant District Attorney General
                            363 Court Street
                            Maryville, TN 37804                         

Judge:WELLES

First Paragraph:

The Defendant, Mike Ramsey, appeals as of right pursuant to Rule 3 of
the Tennessee Rules of Appellate Procedure.  He was convicted, upon
his pleas of guilty, of two counts of delivery of marijuana, Class E
felonies, and one count of possession of cocaine for the purpose of
resale, a Class B felony.  The agreed sentences for the two Class E
felonies were two years as a Range I standard offender.  The agreed
sentence for the Class B felony was eight years as a Range I standard
offender.  It was further agreed that the two-year sentences were to
be served concurrent with each other but consecutive to the eight-year
sentence, for an agreed effective sentence of ten years.  The manner
of service of the sentences was left to the discretion of the trial
judge.  After conducting a sentencing hearing, the trial judge ordered
that the Defendant serve seven months in the county jail for the Class
E felonies, followed by a consecutive term of five months in the
county jail for the Class B felony, for a total of twelve months in
the county jail.  The balance of the effective ten-year sentence was
ordered to be served in the community corrections program.  The
Defendant appeals from the trial judge's order that twelve months of
the sentences be served in confinement.  We affirm the judgment of the
trial court.

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

STATE OF TENNESSEE
VS.
ANTHONY E. RICHARDSON

Court:TCCA

Attorneys: 
For the Appellant:          For the Appellee:

Joseph S. Ozment            Charles W. Burson
217 Exchange Avenue         Attorney General of Tennessee
Memphis, TN 38105               and             
                            Deborah A. Tullis
                            Assistant Attorney General of Tennessee                     
                            450 James Robertson Parkway     
                            Nashville, TN 37243-0493

                            John W. Pierotti, Jr.
                            District Attorney General
                                and
                            Jerry R. Kitchen
                            Assistant District Attorney General
                            201 Poplar Avenue
                            Memphis, TN 38103                         

Judge:Tipton

First Paragraph:

The defendant, Anthony E. Richardson, appeals as of right from his
conviction by a jury in the Shelby County Criminal Court for first
degree murder. The trial court sentenced the defendant to life
imprisonment with the possibility of parole.  On appeal, the defendant
presents the following issues: (1) whether the evidence is sufficient
to support the first degree murder conviction;

(2) whether the trial court erred by not declaring a mistrial when the
prosecutor made biblical references during his closing argument; and

(3) whether the trial court properly charged the jury with the flight
instruction.

We hold that the evidence is sufficient and that the trial court did
not commit reversible error.  We affirm the judgment of the trial
court.

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

CARL ROWNTREE
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:              For the Appellee:

Carl Towntree, Pro Se           John Knox Walkup
N.E.C.C. #225115                Attorney General and Reporter
P. O. Box 5000  
Mountain City, TN  37683-5000   Ellen H. Pollack
                                Assistant Attorney General                              
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                            
                                Randall E. Nichols
                                District Attorney General
                                City-County Building
                                Knoxville, TN  37902                         

Judge:Hayes

First Paragraph:

The appellant, Carl Rowntree, appeals the Knox County Criminal Court's
denial of his petition for post-conviction relief. The post-conviction
court summarily dismissed the petition finding the claims alleged were
barred by the statute of limitations. After review, we affirm.

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

JERRY D. SAULMON
VS.
JACK MORGAN, WARDEN

Court:TCCA

Attorneys:
For Appellant:                  For Appellee:

Jerry Dallas Saulmon, pro se    John Knox Walkup
HCCF FA-211                     Attorney General and Reporter
5240 Union Springs Road
Whiteville, TN  38075           Elizabeth B. Marney 
                                Assistant Attorney General
                                Criminal Justice Division
                                425 Fifth Avenue North 
                                Nashville, TN  37243-0493
                          

Judge:WADE

First Paragraph:

The petitioner, Jerry D. Saulmon, is an inmate in Turney Center in
Hickman County.  On June 3, 1997, he filed a petition for writ of
habeas corpus.  Tenn. Code Ann. S 29-21-101, et seq.  The trial court
denied relief.  In this appeal of right, the only issue presented for
review is whether the petition was properly dismissed.  We affirm the
judgment of the trial court.

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


STATE OF TENNESSEE
VS.
KEDRICK D. TALIAFERRO, and
FABIAN J. TALIAFERRO

Court:TCCA

Attorneys:
FOR THE APPELLANTS:         FOR THE APPELLEE:

For Kedrick D. Taliaferro:  John Knox Walkup
William D. Massey           Attorney General & Reporter
3074 East Street
Memphis, TN 38128           Elizabeth T. Ryan
                            Assistant Attorney General
For Fabian J. Taliaferro:   425 Fifth Avenue North
C. Michael Robbins          Cordell Hull Building, Second Floor
46 North Third Street       Nashville, TN 37243-0493    
Suite 719                       
Memphis, TN 38103           William L. Gibbons
                            District Attorney General

                            Paul F. Goodman 
                            Assistant District Attorney General
                            Criminal Justice Complex
                            201 Poplar Street, Suite 301
                            Memphis, TN 38103                          

Judge:SUMMERS

First Paragraph:

The appellants, Kedrick D. Taliaferro and Fabian J. Taliaferro, appeal
their sentences of six years for the 1993 killing of Veto Young.  
They, along with Kedrick's brother, Ervin J. Johnson, were indicted
for first degree murder.

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

Samuel Lee Talley
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 
FOR THE APPELLANT:          FOR THE APPELLEE:

SAMUEL LEE TALLEY           JOHN KNOX WALKUP
W.T.H.S.F.                  Attorney General and Reporter
P. O. Box 1050                      
Henning, TN  38041-1050     SANDY C. PATRICK
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN  37243-0943

                            BILL COX
                            District Attorney General
                            600 Market Street
                            Chattanooga, TN  37402-1972                         

Judge:Smith

First Paragraph:

In this appeal of the summary dismissal of his post-conviction
petition Appellant, Samuel Lee Talley, asks this Court to review the
validity of his conviction entered on July 17, 1991.  Appellant was
found guilty of the offense of especially aggravated robbery. The
court fixed his sentence at twenty-five years in the Department of
Correction as a Range I Standard Offender.

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

ROBERT LEE TAYLOR
VS.
STATE OF TENNESSEE

Court:TCCA                        

Judge:SUMMERS

First Paragraph:

This matter is before the Supreme Court upon the motion of the state
to affirm the judgment of the trial court pursuant to Rule 20, Rules
of the Court of Criminal Appeals.  This case represents an appeal from
the dismissal of the petitioner's second petition for post-conviction
relief.  In 1982, the petitioner was convicted of felony murder and
sentenced to life imprisonment.  The judgment was affirmed on appeal.

URL:http://www.tba.org/tba_files/TCCA/taylo-r1_ord.WP6
Opinion-Flash

R.B. TOBY
VS.
STATE OF TENNESSEE

Court:TCCA                          

Judge:Wade

First Paragraph:

The petitioner, R.B. Toby, proceeding pro se, appeals as of right from
the Sevier County Criminal Court's dismissal of his petition for
post-conviction relief.  The record reflects that the petitioner pled
guilty to two counts of vehicular homicide, one count of vehicular
assault, and one count of violating the Habitual Motor Vehicle Statute
on January 13, 1994.   By plea agreement, he received an aggregate
sentence of fifteen (15) years in the Department of Correction.   The
sentence included two concurrent ten (10) year sentences for each
vehicular homicide conviction, a five (5) year consecutive sentence
for the vehicular assault conviction, and a concurrent four (4) year
sentence for the habitual motor vehicle offender conviction.

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


STATE OF TENNESSEE
VS.
BETTE J. WATSON

Court:TCCA

Attorneys:
For the Appellant:          For the Appellee:

James Robin McKinney, Jr.   John Knox Walkup
One Washington Square       Attorney General and Reporter
Suite 103   
Nashville, TN  37201        Deborah A. Tullis
                            Assistant Attorney General                              
                            Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493                
                        
                            Joseph D. Baugh, Jr.
                            District Attorney General

                            Derek Smith
                            Asst. District Attorney General
                            P. O. Box 937
                            Franklin, TN  37065-0937
                          

Judge:Hayes

First Paragraph:

The appellant, Bette J. Watson, was indicted by a Franklin County
Grand Jury for the offenses of driving under the influence, second
offense, and driving on a revoked license, second offense.  Pursuant
to a plea agreement, the appellant pled guilty to each of the indicted
charges with the sentences to be determined by the trial court. 
Following a sentencing hearing, the trial court imposed concurrent
sixty day periods of incarceration for DUI, second offense, and
driving on a revoked license, second offense.  The appellant appeals
this sentencing decision contending   (1) that the court erred by
refusing to allow jail credit for her voluntary participation in a
private inpatient alcohol treatment program and (2) that she should
have received the minimum sentence of forty-five days.  After review,
we affirm.

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

STATE OF TENNESSEE
VS.
GREGORY KEITH WEAVER

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

PETER M. OLSON              JOHN KNOX WALKUP 
OLSON & OLSON, PLC          Attorney General & Reporter
114 Franklin Street 
Clarksville, TN  37040      KAREN M. YACUZZO
                            Assistant Attorney General
                            2nd Floor, Cordell Hull Building
                            425 Fifth Avenue North 
                            Nashville, TN  37243

                            JOHN WESLEY CARNEY, JR.
                            District Attorney General 

                            LANCE BAKER
                            Assistant District Attorney General
                            204 Franklin Street, Suite 200
                            Clarksville, TN  37040                         

Judge:Woodall

First Paragraph:

The Defendant, Gregory Keith Weaver, appeals as of right from his
convictions of DUI, fourth offense, reckless driving, driving on a
revoked license, second offense, violating the open container law, and
violating the implied consent law following a jury trial in the
Montgomery County Criminal Court.  In this appeal, Defendant argues
that the trial court erred in denying his Motion to Suppress all
evidence obtained as a result of the investigatory stop of him
immediately preceding his arrest for DUI and the other related
offenses.   We affirm the judgment of the trial court.

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

STATE OF TENNESSEE
VS.
TIMOTHY TODD WEBB

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

Vicki H. Hoover                 John Knox Walkup
Ainley & Hoover Law Offices     Attorney General & Reporter 
123 N. Poplar Street, Suite A
Paris, TN 38242                 Marvin E. Clements, Jr.
                                Assistant Attorney General
                                Cordell Hull Bldg., 2d Floor
                                425 Fifth Avenue North
                                Nashville, TN 37243
    
                                Robert "Gus" Radford
                                District Attorney General

                                Todd A. Rose
                                Assistant District Attorney General
                                P.O. Box 686
                                Huntingdon, TN 38344                          

Judge:SUMMERS

First Paragraph:

On August 10, 1996, the appellant, Timothy Todd Webb, was arrested for
driving under the influence in Henry County.  In March 1997, he was
convicted by a jury of driving under the influence (DUI) of an
intoxicant in violation of Tennessee Code Annotated S 55-10-401 (Supp.
1996), which is a Class A misdemeanor.  The state and the appellant
stipulated that the conviction was for a third offense driving under
the influence of an intoxicant.   At the sentencing immediately
following the trial, the court imposed a fine of $1,100, suspended the
appellant's driver's license for a minimum of three years, and
sentenced the appellant to eleven months and twenty-nine days.  The
trial court ordered the appellant to serve 120 days in continuous
confinement and then enter an alcohol rehabilitation program.  The
court also noted its intention to suspend the remainder of the
appellant's sentence, if he successfully completed the rehabilitation
program.

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


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