TBALink Opinion-Flash

September 29, 1998 -- Volume #4 -- Number #139

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):
03-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
00-New Opinons From TCA
01-New Opinons From TCCA

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Lucian T. Pera
Editor-in-Chief, TBALink



STATE OF TENNESSEE
VS.
DENNIS KEITH and TIMOTHY COLLINS

WITH DISSENT

Court:TSC

Attorneys: 

For State-Appellee:                 For Defendants-Appellants:

John Knox Walkup                    Joe H. Byrd, Jr.
Attorney General & Reporter         Jackson, Tennessee

Michael E. Moore
Solicitor General

Elizabeth T. Ryan
Assistant Attorney General
Nashville, Tennessee

James G. Woodall
District Attorney General
Twenty-Sixth Judicial District
Jackson, Tennessee

Nick Nicola
Assistant District Attorney General
Jackson, Tennessee                         

Judge:DROWOTA

First Paragraph:

We granted this appeal to consider two issues: 1) whether the
investigative automobile stop in this case was based upon reasonable
suspicion, supported by specific and articulable facts, that a crime
was being committed; and 2) whether the search warrant in this case is
invalid because the issuing judge failed to complete the jurat
attesting that the affidavit in support of issuance of the warrant was
executed under oath by the affiant.

URL:http://www.tba.org/tba_files/TSC/keithd.opn

DISSENT:
URL:http://www.tba.org/tba_files/TSC/keithd.dis
Opinion-Flash

STATE OF TENNESSEE
VS.
CLARENCE C. NESBIT

WITH DISSENT

Court:TSC

Attorneys:  

FOR APPELLANT:                  FOR APPELLEE:

A.C. Wharton                    John Knox Walkup
District Public Defender        Attorney General & Reporter
201 Poplar Ave., Suite 201                          
Memphis, Tennessee              Michael E. Moore
                                Solicitor General
        
W. Mark Ward                    John P. Cauley
Assistant Public Defender       Assistant Attorney General
147 Jefferson, Suite 900        450 James Robertson Pkwy.
Memphis, Tennessee              Nashville, Tennessee  
(Appeal Only)   
                                William Gibbons
Ronald S. Johnson               District Attorney General
Betty J. Thomas                 30th Judicial District  
Assistant Public Defender
147 Jefferson, Suite 900        Thomas D. Henderson 
Memphis, Tennessee              Jennifer Nichols
(Trial Only)                    Assistant District Attorneys General
                                201 Poplar Avenue
                                Memphis, Tennessee
                        

Judge:DROWOTA

First Paragraph:

In this capital case, the defendant, Clarence C. Nesbit, was convicted
of premeditated first degree murder.  At the sentencing hearing, the
jury found one aggravating circumstance: (1) "[t]he murder was
especially heinous, atrocious or cruel in that it involved torture or
serious physical abuse beyond that necessary to produce death."  Tenn.
Code Ann. S 39-13-204(i)(5) (1991 Repl.).  Finding that the
aggravating circumstance outweighed mitigating circumstances beyond a
reasonable doubt, the jury sentenced the defendant to death by
electrocution.

URL:http://www.tba.org/tba_files/TSC/nesbitcc.opn

DISSENT:
URL:http://www.tba.org/tba_files/TSC/nesbitc.dis
Opinion-Flash

GEORGE A. RUFF
VS.
STATE OF TENNESSEE

BILLY JOE SMITH
VS.
STATE OF TENNESSEE

Court:TSC

Attorneys: 

For Appellant Ruff:             For Appellee:
    
CHRIS RALLS                     JOHN KNOX WALKUP   
Maryville, TN                   Attorney General and Reporter

                                MICHAEL E. MOORE
                                Solicitor General

                                TIMOTHY F. BEHAN
                                Assistant Attorney General
                                Nashville, Tennessee

                                MICHAEL L. FLYNN
                                District Attorney General
                                Maryville, Tennessee

For Appellant Smith:            For Appellee:
    
JOSEPH LIDDELL KIRK             JOHN KNOX WALKUP   
Knoxville, Tennessee            Attorney General and Reporter

                                MICHAEL E. MOORE
                                Solicitor General
        
                                KATHY MORANTE
                                Deputy Attorney General
    
                                MARVIN E. CLEMENTS, JR.
                                Assistant Attorney General
                                Nashville, Tennessee

                                DAVID E. CROCKETT
                                District Attorney General
                                Johnson City, Tennessee

                                LISA D. NIDIFFER
                                Assistant District Attorney General
                                Erwin, Tennessee
    
                                STEVEN R. FINNEY
                                Assistant District Attorney General
                                Elizabethton, Tennessee
                         

Judge:BIRCH

First Paragraph:

We granted the appellants, George Ruff and Billy Joe Smith, permission
to appeal and consolidated their cases to address the validity of
indictments that failed to charge a specific culpable mental state. 
For the reasons set forth herein, under the controlling case of State
v. Hill, 954 S.W.2d 725 (Tenn. 1997), we hold that the indictments are
sufficient.  Accordingly, the convictions resulting from these
indictments are valid.

URL:http://www.tba.org/tba_files/TSC/ruffg.opn
Opinion-Flash

STATE OF TENNESSEE
VS.
STARLING JEAN HINER

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

ROBERT S. PETERS                JOHN KNOX WALKUP 
SWAFFORD, PETERS & PRIEST       Attorney General & Reporter
100 First Avenue, S.W.
Winchester, TN  37398           JANIS L. TURNER
                                Assistant Attorney General
                                2nd Floor, Cordell Hull Building
                                425 Fifth Avenue North 
                                Nashville, TN  37243

                                MICHAEL LAYNE 
                                District Attorney General

                                STEPHEN WEITZMAN
                                Assistant District Attorney General
                                P.O. Box 147 
                                Manchester, TN  37355                         

Judge:WOODALL

First Paragraph:

The Defendant, Starling Jean Hiner, appeals as of right her conviction
for  first offense DUI following a jury trial in the Circuit Court of
Coffee County.  Defendant was subsequently found guilty by the trial
court of violation of the Implied Consent Law.  The trial court
sentenced Defendant to eleven (11) months, twenty-nine (29) days with
all but four (4) days suspended for the DUI conviction, and the court
revoked her license for a period of one (1) year for the violation of
the Implied Consent Law.  Defendant raises the following two issues in
this appeal: (1) whether the evidence was sufficient to sustain a
conviction for DUI beyond a reasonable doubt, and (2) whether the
arresting officer made a proper traffic stop and whether he had the
authority to make that stop.  The judgment of the trial court is
affirmed.

URL:http://www.tba.org/tba_files/TCCA/hinersj.opn
Opinion-Flash

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