TBALink Opinion-Flash

October 30, 1998 -- Volume #4 -- Number #157

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
00-New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02-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



IN RE: ESTATE OF LERA D. BARNWELL, Deceased,
PATRICIA SARGENT
VS.
RICHARD BARNWELL, Executor, Estate of Lera D. Barnwell, and
RUBY D. MASHBURN

Court:TCA

Attorneys:   

Charles C. Morrow, Nashville, Tennessee
Kirk C. Waite, Brentwood, Tennessee
Attorneys for Plaintiff/Appellant.

William L. Harbison,
L. Webb Campbell, II,
SHERRARD & ROE, PLC, Nashville, Tennessee
Attorneys for Defendants/Appellees.                       

Judge:FARMER

First Paragraph:

Patricia Sargent appeals the trial court's order which dismissed her
second complaint contesting the Last Will and Testament of her mother,
Lera D. Barnwell (Decedent).  We affirm the trial court's order based
on our conclusion that, having voluntarily dismissed an earlier
complaint in which she contested the Decedent's will, Sargent is now
barred from refiling this action to contest the Decedent's will.

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

THOMAS CALVIN MANEY
VS.
TENNESSEE BOARD OF PAROLES

Court:TCA

Attorneys:    

THOMAS C. MANEY, #216056
Southeastern Tennessee State
Regional Correctional Facility
Route 4, Box 600
Pikeville, Tennessee 37367
    Pro Se/Petitioner/Appellant

JOHN KNOX WALKUP
Attorney General & Reporter

JOHN R. MILES
Counsel for the State
Cordell Hull Building, Second Floor
425 5th Avenue North
Nashville, Tennessee 37243-0488
    Attorney for Respondent/Appellee                      

Judge:CANTRELL

First Paragraph:

A prisoner at the Lake County Regional Correctional Facility filed a
Petition for Writ of Certiorari in the Circuit Court of Davidson
County, claiming that the Board of Paroles had acted illegally in
revoking his parole, and in refusing to reconsider the revocation. 
The circuit court granted summary judgment to the Board of Paroles. 
We affirm.

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

MICHAEL E. BASS
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:     

FOR THE APPELLANT:              FOR THE APPELLEE:

MICHAEL E. BASS                 JOHN KNOX WALKUP
(Pro Se)                        Attorney General & Reporter
Turney Center Industrial Prison     
Route 1                         TIMOTHY F. BEHAN
Only, TN 37140-9709             Assistant Attorney General
                                Criminal Justice Division
                                425 Fifth Ave. North
                                2d Floor, Cordell Hull Bldg.
                                Nashville, TN 37243-0493    

                                JOSEPH D. BAUGH, JR.
                                District Attorney General
                                P.O. Box 937
                                Franklin, TN 37065-1469                     

Judge:WITT

First Paragraph:

The petitioner, Michael E. Bass, appeals the trial court's denial of
his petition for a writ of habeas corpus.  The trial court did not
appoint counsel and dismissed the petition without an evidentiary
hearing.  In this appeal, the petitioner contends that although he was
convicted and sentenced in 1981, the provisions of the 1989 Sentencing
Reform Act apply and his sentence has expired.  We affirm the judgment
of the trial court.

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

STATE OF TENNESSEE
VS.
ALLAN BROOKS

Court:TCCA

Attorneys:  

For the Appellant:              For the Appellee:

John E. Herbison                Charles W. Burson
2016 Eighth Avenue South        Attorney General of Tennessee
Nashville, TN 37204             and
                                Charlotte H. Rappuhn
                                Assistant Attorney General of Tennessee
                                450 James Robertson Parkway     
                                Nashville, TN 37243-0493

                                Victor S. Johnson, III
                                District Attorney General
                                and
                                Roger Moore
                                Rene Erb
                                Assistant District Attorneys General
                                Washington Square, Suite 500
                                222 Second Avenue North
                                Nashville, TN 37201-1642                        

Judge:TIPTON

First Paragraph:

The defendant, Allan Brooks, appeals as of right following a jury
conviction in the Davidson County Criminal Court for first degree
murder.  The trial court sentenced the defendant to life imprisonment
in the custody of the Department of Correction and ordered the
defendant to serve the life sentence consecutively to an earlier
sentence for a drug offense.  

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

STATE OF TENNESSEE
VS.
RICHARD BRUCE HALFACRE and BLAKE EDWARD HALLUM

Court:TCCA

Attorneys: 

For Appellant Halfacre:         For Appellee:

Terry J. Canady                 John Knox Walkup
211 Printer's Alley Building    Attorney General & Reporter
Suite 400
Nashville, TN  37201            Karen M. Yacuzzo
                                Assistant Attorney General
For Appellant Hallum:           423 Fifth Avenue North
                                Cordell Hull Building, 2nd Floor
Michael D. Noel                 Nashville, TN  37243-0493
2400 Crestmoor Road         
Suite 318                       Ron Miller  
Nashville, TN  37215            Assistant District Attorney General
                                222 Second Avenue, North
                                Washington Square, Suite 500
                                Nashville, TN  37201-1649                         

Judge:WADE

First Paragraph:

The defendants, Blake Edward Hallum and Richard Bruce Halfacre, were
tried jointly and convicted of felony murder and especially aggravated
robbery.  The trial court imposed life sentences for the murder and
seventeen-year sentences for the robbery on each defendant to be
served consecutively.

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

STATE OF TENNESSEE
VS.
ANTONIO SHELTON

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

Thomas Edward Nelson        John Knox Walkup
211 Third Avenue, North     Attorney General & Reporter
Nashville, TN  37201        425 Fifth Avenue, North
                            Nashville, TN  37243-0493

                            Lisa A. Naylor
                            Assistant Attorney General
                            425 Fifth Avenue, North
                            Nashville, TN  37243-0493

                            Victor S. Johnson, III
                            District Attorney General
                            222 Second Avenue, North, Suite 500
                            Nashville, TN  37201-1649

                            James W. Milam
                            Assistant District Attorney General
                            222 Second Avenue, North, Suite 500
                            Nashville, TN  37201-1649                         

Judge:LAFFERTY

First Paragraph:

The defendant, Antonio Shelton, appeals as of right from his
conviction by a Davidson County jury for theft of property worth more
than $1,000, but less than $10,000, a Class D felony, and imposed a
fine of $1,000. The defendant was sentenced to two years as a Range I
offender and placed on community corrections.

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


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