TBALink Opinion-Flash

September 9, 1998 -- Volume #4 -- Number #132

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
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
00-New Opinons From TCA
10-New Opinons From TCCA

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Editor-in-Chief, TBALink



STATE OF TENNESSEE
VS.
JAMES A. BROWN

Court:TCCA

Attorneys: 

For the Appellant:              For the Appellee:

Charles M. Corn                 John Knox Walkup 
District Public Defender        Attorney General of Tennessee
110 _ Washington Avenue         and
Athens, TN 37303                Clinton J. Morgan
                                Asst Attorney General of Tennessee
                                425 Fifth Avenue North          
                                Nashville, TN 37243-0493
        
                                Jerry N. Estes    
                                District Attorney General
                                and
                                Amy Reedy
                                Asst District Attorney General
                                P.O. Box 647
                                Athens, TN 37303                         

Judge:Tipton

First Paragraph:

The defendant, James A. Brown, appeals as of right from his
convictions following a bench trial of three counts of the sale of
less than one-half gram of cocaine.  The defendant, a Range II,
multiple offender, was sentenced to six years for each offense, to be
served concurrently in the custody of the Department of Correction. 
On appeal, the defendant contends that the evidence is insufficient to
support his convictions.  We affirm the judgments of conviction.

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

STATE OF TENNESSEE
VS.
RUSSELL A. BURRIS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:


ROBERT T. VAUGHN                JOHN KNOX WALKUP
    -and-                       Attorney General & Reporter
JERRED A. CRESSY                
176 Second Ave., North          ELIZABETH B. MARNEY
Suite 500                       Asst. Attorney General
Nashville, TN 37201             John Sevier Bldg.
                                425 Fifth Ave., North
                                Nashville, TN  37243-0493
                
                                RANDALL E. NICHOLS
                                District Attorney General

                                ROBERT L. JOLLEY, JR.
                                Asst. District Attorney General
                                City-County Bldg.       
                                Knoxville, TN 37902                         

Judge:PEAY

First Paragraph:

This is the second appeal in this case.  The defendant contends that
the trial court erred in sentencing him to a term of confinement
rather than probation.  The defendant also contends that the trial
court erred in ordering him to pay restitution in conjunction with a
sentence of confinement.  We affirm the defendant's sentence of
confinement, but reverse the trial court's restitution order.

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

STATE OF TENNESSEE
VS.
MILTON LEE COOPER

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

ROBERT N. MEEKS             JOHN KNOX WALKUP
P.O. Box 8086               Attorney General & Reporter
Chattanooga, TN 37414                       
                            MICHAEL J. FAHEY, II
                            Assistant Attorney General
                            Cordell Hull Building, 2nd Floor
                            425 Fifth Avenue North
                            Nashville, TN 37243-0493
                                
                            WILLIAM H. COX, III
                            District Attorney General
    
                            DAVID W. DENNY
                            Assistant District Attorney General
                            600 Market Street - Courts Bldg.
                            Chattanooga, TN 37402                        

Judge:CLARK

First Paragraph:

Defendant appeals as of right his convictions for first degree felony
murder and conspiracy to commit aggravated robbery.  He raises eight
issues on appeal: (1) whether the trial court erred in allowing
members of the television media to broadcast video of the defendant
trying on a jacket allegedly used in the robbery, and in failing
thereafter to sequester the jury when requested to do so; (2) whether
the trial court erred in allowing the prosecution to initiate a new
line of questioning of a prosecution witness on redirect examination;
(3) whether the trial court erred in allowing the prosecution to lead
its witnesses and refresh their memories as to events critical to the
prosecution's case; (4) whether the trial court improperly instructed
the jury as to confessions; (5) whether the indictment for conspiracy
is void; (6) whether the evidence is sufficient to support defendant's
conviction of felony murder; (7) whether there was improper contact
between a member of the jury and other individuals sufficient to taint
the proceedings; and (8) whether the trial court erred in allowing the
introduction of evidence of the defendant's alleged involvement in
theft or attempted theft earlier on the same day as the robbery.  We
affirm the judgment of the trial court.

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

FRANK CRITTENDEN
VS.
CHARLES JONES, Warden,
ex rel. STATE OF TENNESSEE  

Court:TCCA

Attorneys: 

For the Appellant:          For the Appellee:

Frank Crittenden, pro se    John Knox Walkup    
M.C.R.C.F., No. 244405      Attorney General & Reporter
P.O. Box 2000
Wartburg, TN. 37887-2000    Timothy F. Behan
                            Assistant Attorney General
                            425 Fifth Avenue North
                            2d Floor, Cordell Hull Building
                            Nashville, TN. 37243-0493

                            Charles E. Hawk
                            District Attorney General
                            P.O. Box 703
                            Kingston, TN. 37763-0703                         

Judge:BARKER

First Paragraph:

The appellant, Frank Crittenden, appeals as of right the Morgan County
Criminal Court's dismissal of his pro se petition for a writ of habeas
corpus.  We affirm the judgment of the trial court.

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

STATE OF TENNESSEE
VS.
CLINT ELMORE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:              FOR THE APPELLEE:

JEFFREY WHITT (at trial
and on appeal)                  JOHN KNOX WALKUP
RICHARD CLARK (at trial)        Attorney General & Reporter
706 Walnut St., Ste. 902
Knoxville, TN 37902             ELIZABETH B. MARNEY
                                Asst. Attorney General
                                425 Fifth Ave. N., 2d Floor
                                Nashville, TN  37243-0493
    
                                RANDALL E. NICHOLS
                                District Attorney General
    
                                CHARME JOHNSON
                                CHARLES CERNY
                                Asst. District Attorneys General
                                City-County Building
                                Knoxville, TN  37902                        

Judge:WITT

First Paragraph:

The defendant, Clint Elmore, appeals his convictions of aggravated
rape and three counts of attempted aggravated rape.  Elmore was
convicted at a jury trial in the Knox County Criminal Court.  His
convictions relate to incidents of sexual abuse of Elmore's stepson. 
In this direct appeal, Elmore raises several issues for our
consideration: 1.   Whether the evidence is sufficient to sustain his
three attempted aggravated rape convictions.

2.  Whether the trial court erred in denying the defense's request
to recall the victim during its case-in-chief.

3.  Whether the trial court erred in allowing the state to strike a
male member of the jury panel.

4.  Whether the trial court erred in denying the jury's request
during deliberations to review all of the state's witnesses'
testimony.

5.  Whether the sentence imposed is excessive.

After a review of the record and the briefs of the parties, we affirm
the defendant's convictions of aggravated rape and two counts of
attempted aggravated rape.  We reverse and dismiss the remaining
attempted aggravated rape conviction for insufficient evidence.

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

STATE OF TENNESSEE
VS.
RAY ANTHONY NELSON

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

ARDENA J. GARTH                     JOHN KNOX WALKUP
District Public Defender            Attorney General & Reporter

DONNA ROBINSON MILLER (on appeal)   ELLEN H. POLLACK
KARLA M. GOTHARD (at trial)         Asst. Attorney General
Asst. District Public Defenders     425 Fifth Ave. N., 2d Floor
701 Cherry St., Ste. 300            Nashville, TN  37243-0493
Chattanooga, TN  37402
                                    WILLIAM H. COX, III
                                    District Attorney General

                                    REBECCA A. STERN
                                    BATES BRYAN
                                    Asst. District Attorneys General
                                    600 Market St., Ste. 310
                                    Chattanooga, TN  37402                         

Judge:WITT

First Paragraph:

The defendant, Ray Anthony Nelson, appeals his conviction of the
second degree murder of Ester L. Williams.  He received his conviction
in the Hamilton County Criminal Court at the conclusion of a trial by
a jury of his peers.  In this direct appeal, he raises the following
issues for our review: 1.   Whether the evidence sufficiently
supports his conviction. 2. Whether the trial court erred in
admitting evidence of his prior  abuse of the victim.

3.  Whether the trial court erred in allowing Sister Suzanne Repasky
to testify as an expert witness on domestic violence.

4.  Whether his sentence of 25 years is excessive.

Following a review of the record and the briefs of the parties, we
affirm the judgment of the trial court.

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

RONALD WILLIAMS RICE
VS.
CHARLES JONES, WARDEN

Court:TCCA

Attorneys:  

FOR THE APPELLANT:          FOR THE APPELLEE:

PRO SE                      JOHN KNOX WALKUP
                            Attorney General & Reporter

                            TIMOTHY F. BEHAN
                            Assistant Attorney General
                            Cordell Hull Bldg., Second Floor
                            425 Fifth Avenue, North
                            Nashville, TN 37243-0493

                            CHARLES E. HAWK, JR.
                            District Attorney General

                            FRANK HARVEY
                            Assistant District Attorney
                            P. O. BOX 703
                            Kingston, TN 37763                        

Judge:ACREE

First Paragraph:

The appellant, Ronald Williams Rice, appeals as of right the trial
court's dismissal of his petition for a writ of habeas corpus.   We
affirm the trial court.

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

STATE OF TENNESSEE
VS.
JAMES G. SNIDER

Court:TCCA

Attorneys: 

FOR THE APPELLANT:      FOR THE APPELLEE:

A. Phillip Lomonaco     John Knox Walkup
Attorney at Law         Attorney General & Reporter
112 Durwood Drive
Knoxville, TN 37922     Todd R. Kelley      
                        Assistant Attorney General
                        425 Fifth Avenue North
                        Nashville, TN 37243    

                        Charles E. Hawk
                        District Attorney General
                        
                        Frank Harvey
                        Roger Delp
                        Assistant District Attorneys General
                        P.O. Box 703 
                        Kingston, TN 37763                         

Judge:SUMMERS

First Paragraph:

In January 1997, James G. Snider was convicted by a Loudon County jury
of first degree murder and sentenced to life imprisonment for the May
1995 shooting death of Bradley Packett.   The appellant's sole issue
for our review is whether the evidence is sufficient to support his
conviction for first degree murder.   We affirm the judgment of the
trial court.

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

STATE OF TENNESSEE
VS.
GARY EUGENE TEEPLE

Court:TCCA

Attorneys: 

For the Appellant:          For the Appellee:

Raymond Mack Garner         John Knox Walkup 
District Public Defender    Attorney General of Tennessee
     and                    and
Natalee S. Hurley           Georgia Blythe Felner
Assistant Public Defender   Assistant Attorney General of Tennessee
419 High Street				425 Fifth Avenue North          
Maryville, TN 37804         Nashville, TN 37243-0493

                            Michael L. Flynn
                            District Attorney General
                            and
                            Edward P. Bailey, Jr.
                            Assistant District Attorney General
                            363 Court Street
                            Maryville, TN 37804                         

Judge:

First Paragraph:

The defendant, Gary Eugene Teeple, appeals as of right from his
convictions for two counts of assault, Class A and B misdemeanors,
respectively, in a jury trial.  The trial court sentenced the
defendant to concurrent sentences in the county jail for a term of
eleven months and twenty-nine days for the Class A misdemeanor assault
and a term of six months for the Class B misdemeanor assault. 
Although the court provided that the defendant would be immediately
eligible for existing programs, it ordered that he serve thirty
percent of his sentences before full release.  On appeal, the
defendant challenges the sufficiency of the evidence and the denial of
full probation.  We affirm the trial court's judgments of conviction.

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

STATE OF TENNESSEE
VS.
RANDY D. VOWEL

Court:TCCA

Attorneys: 

FOR THE APPELLANT:      FOR THE APPELLEE:

Billy P. Sams           John Knox Walkup
Attorney at Law         Attorney General & Reporter 
122-A Jefferson Court
Oak Ridge, TN 37830     Sandy C. Patrick
                        Assistant Attorney General
                        2d Floor Cordell Hull Building
                        425 Fifth Avenue North
                        Nashville, TN 37243-0493

                        James N. Ramsey
                        District Attorney General

                        Janice G. Hicks
                        Assistant District Attorney General
                        127 Anderson County Courthouse
                        Clinton, TN 37716                         

Judge:SUMMERS

First Paragraph:

In October 1996, Randy D. Vowell, the appellant, was convicted by a
jury of one count of aggravated rape and one count of rape in the
Anderson County Criminal Court.  He was sentenced to twenty-three (23)
years and eight (8) years for the respective offenses to be served in
the Tennessee Department of Correction.  The sentences are to run
concurrently.  The appellant raises the following issues for our
review:

I.   Whether the appellant's counsel was ineffective.

II.  Whether the evidence was sufficient to support the conviction for
aggravated rape.

III. Whether the state improperly alluded to the virginity of the
victim.

IV. Whether there was inappropriate contact between the victim and
prosecuting officials, requiring a mistrial.

V.  Whether the indictment was fatally flawed for failure to allege
the requisite culpable mental state.

VI. Whether the sentence for aggravated rape is unconstitutionally
disproportionate to the crime.

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

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