TBALink Opinion-Flash

October 22, 1998 -- Volume #4 -- Number #151

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):
00-New Opinion(s) from the Tennessee Supreme Court
00-New Opinion(s) from the Tennessee Supreme Court Workers Comp Panel
01-New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00-New Opinion(s) from the Tennessee Court of Appeals
04-New Opinion(s) from the Tennessee Court of Criminal Appeals
00-New Judicial Ethics Opinion(s)
00-New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Lucian T. Pera
Editor-in-Chief, TBALink



SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL

Court:TSC - Rules

URL:http://www.tba.org/tba_files/TSC_Rules/FILENAME
Opinion-Flash

STATE OF TENNESSEE
VS.
TIMOTHY WAYNE HENDERSON

Court:TCCA

Attorneys:             

FOR THE APPELLANT:                  FOR THE APPELLEE:

Michael D. Randles                  John Knox Walkup
Assistant District Public Defender  Attorney General & Reporter
Seventeenth Judicial District
P.O. Box 1119                       Timothy F. Behan
Fayetteville, TN  37334             Assistant Attorney General
                                    Criminal Justice Division
                                    2nd Floor, Cordell Hull Building
                                    425 5th Avenue North
                                    Nashville, TN  37243             

Judge:BYERS

First Paragraph:

The defendant was convicted of aggravated sexual battery and sentenced
to serve nine years and eight months as a Range 1, standard offender.
The defendant raises the following issues: 1.   That the evidence is
insufficient as a matter of law to sustain a conviction for
aggravated sexual battery.

2.  That the defendant's sentence is excessive and contrary to the
law.

3.  That the trial court erred by admitting into evidence hearsay       
    statements of the alleged victim, Kristin Doud, through the
witness Mary Jane Boyer regarding what Kristin told Mary Jane
Boyer had happened regarding the defendant.

We dismiss the appeal.

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

STATE OF TENNESSEE
VS.
LISA DIANE MURPHY

Court:TCCA

Attorneys: 

For Appellant:                  For Appellee:

Comer L. Donnell                John Knox Walkup
District Public Defender        Attorney General & Reporter

Howard L. Chambers              Janis L. Turner
Assistant Public Defender       Assistant Attorney General
213 North Cumberland Street     425 Fifth Avenue North
P.O. Box 888                    Nashville, TN  37243-0493
Lebanon, TN  37087  
                                Robert Hibbett
                                Assistant District Attorney General
                                111 Cherry Street               
                                Lebanon, TN  37087                         

Judge:WADE

First Paragraph:

The defendant, Lisa Diane Murphy, pled guilty to solicitation to
commit first degree murder.  As part of a plea agreement, the trial
court imposed a Range I, ten-year sentence.  The defendant appeals
because the trial court denied an alternative sentence in the
Community Corrections program.

We affirm the judgment of the trial court.

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


STATE OF TENNESSEE
VS.
HAROLD WAYNE SHAW

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

KARL F. DEAN                    JOHN KNOX WALKUP 
Metro Public Defender           Attorney General & Reporter

WENDY S. TUCKER                 DARYL J. BRAND
Assistant Public Defender       Assistant Attorney General
(At Trial)                      2nd Floor, Cordell Hull Building
                                425 Fifth Avenue North 
JEFFREY A. DeVASHER             Nashville, TN  37243
Assistant Public Defender
1202 Stahlman Building          VICTOR S. JOHNSON, III
211 Union Street                District Attorney General
Nashville, TN  37201
(On Appeal)                     KIMBERLY HAAS
                                Assistant District Attorney General
                                Washington Square   
                                222 Second Avenue North, Suite 500
                                Nashville, TN  37201-1649                          

Judge:WOODALL

First Paragraph:

The Defendant, Harold Wayne Shaw, appeals as of right his convictions
for second degree murder and aggravated kidnapping in the Davidson
County Criminal Court.  The trial court sentenced Defendant as a Range
II Multiple Offender to thirty-five (35) years on the second degree
murder conviction and eighteen (18) years on the aggravated kidnapping
conviction.  The sentences were ordered to be served consecutively to
one another as well as to a prior eight (8) year sentence for a felony
drug conviction.

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

RONALD EARL THOMAS
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

TERRY J. CANADY                 JOHN KNOX WALKUP 
211 Printer's Alley Building    Attorney General & Reporter
Suite 400 
Nashville, TN  37201            ELIZABETH B. MARNEY
                                Assistant Attorney General
                                2nd Floor, Cordell Hull Building
                                425 Fifth Avenue North 
                                Nashville, TN  37243

                                VICTOR S. JOHNSON, III
                                District Attorney General

                                LILA STATOM 
                                Assistant District Attorney General
                                Washington Square   
                                222 Second Avenue North, Suite 500
                                Nashville, TN  37201-1649                         

Judge:WOODALL

First Paragraph:

The Petitioner, Ronald Earl Thomas, appeals the order of the Davidson 
County Criminal Court dismissing his petition for post-conviction
relief.  In his sole issue on appeal, Petitioner argues that his plea
of guilty was involuntary because it was the product of prosecutorial
misconduct.  We affirm the trial court's dismissal of the petition.

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

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URL:http://www.tba.org/tba_files/COURT/FILENAME Opinion-Flash