TBALink Opinion-Flash

September 21, 1998 -- Volume #4 -- Number #136

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.

This Issue (IN THIS ORDER):
04-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
01-New Opinons From TCA
05-New Opinons From TCCA

There are three ways to get the full opinion from the Web: (TBALink members only)

  • Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text version of the opinion.

  • *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original WP 6.0 document. version of the opinion.

  • Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.

Lucian T. Pera
Editor-in-Chief, TBALink



STATE OF TENNESSEE
VS.
DEWAYNE B. BUTLER, FREDRICK D. BUTLER, and ERIC D. ALEXANDER

Court:TSC

Attorneys:  

For the Appellants:                 For the Appellee:

A.C. Wharton                        John Knox Walkup
Shelby County Public Defender       Attorney General & Reporter     
W. Mark Ward & Sherrye Brown        Michael E. Moore
Assistant Public Defenders          Solicitor General       
Memphis
(Attorneys for Dewayne Butler)      Kathy Morante   
                                    Deputy Attorney General 
Leslie I. Ballin & Mark A. Mesler                       
Memphis                         
(Attorneys for Fredrick Butler)             

William Massey
Memphis
(Attorney for Eric Alexander)               
                        

Judge:BARKER

First Paragraph:

The sole issue in this interlocutory appeal is whether the State may rely upon 
the felony murder aggravating circumstance when seeking a sentence of
life without the possibility of parole for defendants charged with
felony murder.  We hold that there are no constitutional or statutory
prohibitions and accordingly affirm the judgment of the Court of
Criminal Appeals.

URL:http://www.tba.org/tba_files/TSC/butlerdb_opn.WP6
Opinion-Flash


DAVID A. ALEXANDER and MACLIN P. DAVIS, JR.
VS.
JULIA ANN WHITE INMAN   

Court:TSC                         

Judge:PER CURIAM

First Paragraph:

The appellant has filed a petition to rehear pursuant to Tenn. R. App.
P. 30 in which appellant requests this Court to reconsider its opinion
filed June 22, 1998.

After due consideration, it is ORDERED that the petition to rehear is
denied.

URL:http://www.tba.org/tba_files/TSC/alexandd_ord.WP6
Opinion-Flash

GENERAL ELECTRIC COMPANY
VS.
PROCESS CONTROL COMPANY

Court:TSC

Judge:PER CURIAM

First Paragraph:

Process Control Company, Defendant/Petitioner, has filed a petition to
rehear this cause pursuant to Tenn. R. App. R. 39 contending that our
opinion overlooks a material fact.

After due consideration, we conclude that the petition for rehearing
should be and the same is hereby denied at the cost of
Defendant/Petitioner.

URL:http://www.tba.org/tba_files/TSC/genelec_ord.WP6
Opinion-Flash

STATE OF TENNESSEE
VS.
WILLIAM E. HALL AND DERRICK D. QUINTERO

WITH CONCURRING AND DISSENT OPINIONS AND APPENDIX

Court:TSC

Attorneys: 

FOR APPELLANT HALL:             FOR APPELLEE:

Jennifer Davis Roberts          John Knox Walkup
Dickson, Tennessee              Attorney General and Reporter

and                             Michael E. Moore
                                Solicitor General
Reese Bagwell
Clarksville, Tennessee          Darian B. Taylor
                                Assistant Attorney General  
FOR APPELLANT QUINTERO:         Nashville, Tennessee
                        
Shipp R. Weems                  Dan M. Alsobrooks
District Public Defender        District Attorney General
Charlotte, Tennessee            
                                J. Kenneth Atkins
and                             Special Prosecutor
                                Charlotte, Tennessee
Steve Stack
Assistant Public Defender       James W. Kirby
Charlotte, Tennessee            Asst District Attorney General
                                Charlotte, Tennessee                         

Judge:DROWOTA

First Paragraph:

In this capital case, the defendants, William Eugene Hall, Jr., and
Derrick Desmond Quintero, were convicted by a jury of two counts of
murder during the perpetration of first degree burglary, three counts
of grand larceny, one count of petit larceny and three counts of first
degree burglary.  For their convictions of larceny and burglary, the
defendants each were sentenced to eighty years incarceration, which
sentences were ordered to run consecutively to the life sentences
imposed for their conviction of the first degree murder of Buford
Vester.  With respect to the first degree murder of Myrtle Vester, the
jury found the proof established the following five aggravating
circumstances:  (1)  the defendants were previously convicted of one
or more felonies involving the use or threat of violence, Tenn. Code
Ann. S 39-2-203(i)(2) (1982); (2)  the murder was especially heinous,
atrocious or cruel in that it involved torture or depravity of mind,
Tenn. Code Ann. S 39-2-203(i)(5) (1982); (3) the murder was committed
for the purpose of avoiding, interfering with, or preventing a lawful
arrest or prosecution of themselves or others, Tenn. Code Ann. S
39-2-203(i)(6) (1982); (4)  the murder was committed while the
defendant was engaged in committing or was an accomplice in the
commission of, or was attempting to commit, or fleeing after
committing or attempting to commit, any first-degree murder, arson,
rape, robbery, burglary, larceny, kidnaping, aircraft piracy, or
unlawful throwing, placing or discharging of a destructive device or
bomb, Tenn Code Ann. S 39-2-203(i)(7) (1982); and (5)  the murder was
committed by the appellants while they were in lawful custody or in a
place of lawful confinement or during their escape from lawful custody
or from a place of lawful confinement, Tenn. Code Ann. S
39-2-203(i)(8) (1982).  Finding that there were no mitigating
circumstances sufficiently substantial to outweigh the aggravating
circumstances, the jury sentenced the defendants to death by
electrocution for the murder of Myrtle Vester.

URL:http://www.tba.org/tba_files/TSC/quintero_opn.WP6
Opinion-Flash
Concurring/Dissenting
URL:http://www.tba.org/tba_files/TSC/hallwill_c&d.WP6

Dissenting
URL:http://www.tba.org/tba_files/TSC/hallw_dis.WP6

Appendix
URL:http://www.tba.org/tba_files/TSC/quintero_apx.WP6



PEGGY STRICKLIN ARNOLD, and EDWARD L. ARNOLD
VS.
DEHONEY BISHOP INTERIORS,INC., d/b/a DEHONEY INTERIORS

Court:TCA

Attorneys:  

MICHAEL S. LONG
LONG, UMSTED & JONES
Memphis, Tennessee
Attorney for Appellants

THOMAS L. BRANNON
McWHIRTER & WYATT
Memphis, Tennessee
Attorney for Appellee                        

Judge:HIGHERS

First Paragraph:

Plaintiffs Peggy Stricklin Arnold and Edward L. Arnold (hereinafter
referred to as "Plaintiff" or "Plaintiffs") appeal the trial court's
order granting summary judgment in favor of Defendant Dehoney-Bishop
Interiors, Inc. (hereinafter referred to as "Defendant" or "Dehoney").
For the reasons hereinafter stated, we hereby reverse the judgment of
the trial court and remand this case for trial.

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




STATE OF TENNESSEE
VS.
MELVIN WAYNE ARCHULETA

Court:TCCA

Attorneys:  

FOR THE APPELLANT:              FOR THE APPELLEE:
    

J. TIMOTHY STREET               JOHN KNOX WALKUP
136 Fourth Ave., South          Attorney General & Reporter
Franklin, TN  37064
      (On Appeal)               GEORGIA BLYTHE FELNER
                                Asst. Attorney General
MICHAEL JONES                   Cordell Hull Bldg., 2nd Fl.
Public Defender                 425 Fifth Ave., North
                                Nashville, TN  37243-0493
COLLIER GOODLETT                    
Asst. Public Defender           JOHN W. CARNEY
109 South Second St.            District Attorney General
Clarksville, TN  37040              
      (At Trial)                WILLIAM CLOUD
                                Asst. District Attorney General
                                204 Franklin St., Suite 200
                                Clarksville, TN  37040
                                                    

Judge:PEAY

First Paragraph:

The defendant was indicted for theft of property over five hundred
dollars ($500) in value.  He pled guilty to theft of property less
than five hundred dollars ($500).  Following a sentencing hearing, the
trial court sentenced the defendant to eleven months and twenty-nine
days, to serve six months with the balance probated.  The defendant
now appeals and argues that the trial court erred by not suspending
his entire sentence.  After a review of the record and applicable law,
we find that the trial court did not err in denying the defendant's
request for probation.  The judgment of the court below is affirmed.

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


STATE OF TENNESSEE
VS.
JAMES ALBERT BULT

Court:TCCA

Attorneys:       

For the Appellant:              For the Appellee:

Robert S. Peters                John Knox Walkup 
100 First Avenue, S.W.          Attorney General of Tennessee
Winchester, TN 37398                and
                                Lisa A. Naylor
                                Assistant Attorney General of Tennessee
                                425 Fifth Avenue North          
                                Nashville, TN 37243-0493

                                William Michael McCowan
                                District Attorney General
                                and
                                James B. Cox
                                Assistant District Attorney General
                                215 E. College Street
                                P.O. Box 878
                                Fayetteville, TN 37334-0878   
                   

Judge:TIPTON

First Paragraph:

The defendant, James Albert Bult, was convicted by a jury in the
Lincoln County Circuit Court of the offense of vandalism, a Class A
misdemeanor.  He was sentenced to sixty days in jail, all but ten
consecutive days or five consecutive weekends to be suspended, and
placed on probation for eleven months and twenty-nine days.  He was
ordered to perform one hundred hours of community service.  In this
appeal as of right, the defendant contends that (1) he was entitled to
jury instructions regarding self-defense, defense of another, and
necessity and (2) his confinement for five consecutive weekends is
excessive.  We affirm the trial court.

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

STATE OF TENNESSEE
VS.
DAVRON DINISH

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:


KEVIN KRAUSE                        JOHN KNOX WALKUP
Attorney at Law                     Attorney General & Reporter
142 North Third, Third Floor            
Memphis, TN   38103                 GEORGIA BLYTHE FELNER
(At Trial & On Appeal)              Counsel for the State
                                    Criminal Justice Division
                                    Cordell Hull Building, 2nd Floor
                                    425 Fifth Avenue North
                                    Nashville, TN   37243-0493

                                    WILLIAM L. GIBBONS
                                    District Attorney General
                            
                                    JERRY R. KITCHEN
                                    Asst. District Attorney General
                                    201 Poplar Avenue, 3rd Floor
                                    Memphis, TN   38103                         

Judge:WEDEMEYER

First Paragraph:

The defendant pled guilty to one count of statutory rape and agreed to
a one-year sentence as a Range I offender.  The trial court accepted
this sentence and denied an alternative sentence.  In this appeal, the
defendant argues that the trial court abused its discretion in failing
to grant judicial diversion, probation or a week-end sentence. 
Following our review of the record, we affirm the trial court.

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

STATE OF TENNESSEE
VS.
LONNY D. HAZELWOOD

WITH DISSENT

Court:TCCA

Attorneys:                          

For Appellee:               For Appellant:

Edward P. Silva             John Knox Walkup
P.O. Box 664                Attorney General & Reporter
Franklin, TN  37065         
                            Lisa A. Naylor
Roger Reid Street, Jr.      Assistant Attorney General
339 Main Street             425 Fifth Avenue North
Franklin, TN  37064         Cordell Hull Building, Second Floor
                            Nashville, TN  37243-0493

                            Derek K. Smith
                            Assistant District Attorney General
                            P.O. Box 937
                            Franklin, TN  37065-0937
Judge:WADE

First Paragraph:

On July 8, 1996, the defendant, Lonny D. Hazelwood, was charged with
driving under the influence.  The trial court suppressed the results
of a blood alcohol test.  The State of Tennessee filed this
interlocutory appeal.  Rule 9, Tenn. R. App. P.  The single issue for
review is whether the trial court erred by suppressing the results of
the blood alcohol test.

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

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

STATE OF TENNESSEE
VS.
JEREMY A. WINSETT   

Court:TCCA

Attorneys: 

For the Appellant:              For the Appellee:

Charles D. Wright               John Knox Walkup
150 Court Avenue, 2nd Floor     Attorney General & Reporter
Memphis, TN. 38103      
                                Marvin E. Clements, Jr.
                                Assistant Attorney General
                                Cordell Hull Building, 2nd Floor
                                425 Fifth Avenue North
                                Nashville, TN. 37243-0493
    
                                William L. Gibbons
                                District Attorney General

                                Johnny R. McFarland
                                Assistant District Attorney
                                201 Poplar Ave., Ste. 301
                                Memphis, TN. 38103-1947                         

Judge:BARKER

First Paragraph:

The appellant, Jeremy A. Winsett, appeals as of right the three (3)
year sentence of confinement he received following the entry of guilty
pleas to two counts of vehicular homicide in the Criminal Court of
Shelby County.  We affirm the judgment of the trial court.

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


Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/

Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank

Non TBA members are WELCOME to subscribe...it's free!!

Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank


© Copyright 1996-1997 Tennessee Bar Association