TBALink Opinion-Flash

November 3, 1998 -- Volume 4 -- Number #159

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):
02-New Opinion(s) from the Tennessee Supreme Court
02-New Opinion(s) from the Tennessee Supreme Court Workers Comp Panel
01-New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
15-New Opinion(s) from the Tennessee Court of Appeals
12-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



DEBORAH WILLIAMS
VS.
TECUMSEH PRODUCTS COMPANY

Court:TSC

Attorneys:  

For Appellee:           For Appellant:

GAYDEN DREW IV          DAVID F. HESSING
Jackson, TN             Paris, TN                        

Judge:BIRCH

First Paragraph:

The Special Workers' Compensation Appeals Panel approved the trial
court's award of benefits to Deborah Williams, the plaintiff, who had
suffered symptoms of carpal tunnel syndrome related to her employment
as an assembly-line worker for Tecumseh Products Company, the
defendant.  At issue are the causation and permanency of the worker's
injuries and the payment of discretionary costs related to the
deposition of an examining physician.  For the reasons appearing
below, we adopt the panel's findings of fact and conclusions of law
with respect to the issues of causation and permanency.  Although we
affirm the award of discretionary costs, we vacate the panel's order
invalidating certain local procedures of the Twenty-Fourth Judicial
District.

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

DEBORAH WILLIAMS
VS.
TECUMSEH PRODUCTS COMPANY

Court:TSC

First Paragraph:

This cause came to be heard upon the briefs and the record upon review
of the findings of fact and conclusions of law of the Special Workers'
Compensation Appeals Panel pursuant to Tenn. Code Ann. S
50-6-225(e)(5)(A).

The Court is of the opinion that under the facts of this case, the
evidence does not preponderate against the trial court's findings of
causation, permanency, and extent of vocational disability.  The Court
is also of the opinion that the trial court properly awarded
discretionary costs to the plaintiff.  We vacate, however, the order
of the Special Workers' Compensation Appeals Panel invalidating the
Twenty-Fourth Judicial District's procedures for workers' compensation
cases, expressing neither approval nor disapproval of those
procedures.  In accordance with the opinion filed herewith, it is,
therefore, ORDERED AND ADJUDGED by this Court that the judgment of the
Trial Court is affirmed.

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

MELISSA COOPER
VS.
XEROX CORPORATION

Court:TSC - Workers Comp Panel

Attorneys:  

For the Appellant:              For the Appellee:

Lori J. Keen                    R. Linley Richter, Jr.
Glassman, Jeter, Edwards &      371 Carroll Avenue
  Wade, P.C.                    Memphis, TN  38105
26 North Second Street
Memphis, TN  38103                        

Judge:BYERS

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. Review of
the findings of fact made by the trial court is de novo upon the
record of the trial court, accompanied by a presumption of the
correctness of the findings, unless the preponderance of the evidence
is otherwise.  Tenn. Code Ann.  S 50-6-225(e)(2); Stone v. City of
McMinnville, 896 S.W.2d 548, 550 (Tenn. 1995). The application of this
standard requires this Court to weigh in more depth the factual
findings and conclusions of the trial court in a workers' compensation
case.  See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456
(Tenn. 1988).

URL:http://www.tba.org/tba_files/TSC_WCP/cooperme_opn.WP6
Opinion-Flash

GARY CHARLES HILL
VS.
INSURANCE COMPANY OF NORTH AMERICA  

Court:TSC - Workers Comp Panel

Attorneys:   

For the Appellant:                  For the Appellee:

F. R. Evans                         Thomas L. Wyatt
800 First Tenn. Bldg.               500 Lindsay Street
Chattanooga, Tenn.  37402           Chattanooga, Tenn.  37402                       

Judge:THAYER

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. The trial
court awarded the employee, Gary Charles Hill, 10% permanent partial
disability to the body as a whole.  The insurance carrier, Insurance
Company of North America, has appealed contending the evidence does
not support a finding of permanent disability.

URL:http://www.tba.org/tba_files/TSC_WCP/hillgary_wc.WP6
Opinion-Flash

SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL

Court:TSC - Rules

URL:http://www.tba.org/tba_files/TSC_Rules/statelst_112.WP6
Opinion-Flash

BERNICE BOWLES and THOMAS BOWLES
VS.
BETTY ADAMS

Court:TCA

Attorneys: 

CHARLES M. CLIFFORD, Maryville, for Appellants.

JERRY M. MARTIN, Knoxville, for Appellee.
                         
Judge:MCMURRAY

First Paragraph:

This is a very simple case involving a single issue.  The plaintiffs
filed an action in the General Sessions Court for Blount County
arising from the same cause of action.  That action was subsequently
dismissed for failure to prosecute.  Plaintiffs thereafter filed this
action in the Circuit Court.  The defendant answered and filed a
motion to dismiss pursuant to Rule 12.02(6), Tennessee Rules of Civil
Procedure, i.e., failure to state a claim for which relief can be
granted.  Defendant's argument was that the plaintiffs' claim was res
judicata because of the dismissal in general sessions court for
failure to prosecute.  The motion was sustained and plaintiffs' case
was dismissed.  This appeal resulted.

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

PHYLLIS RENEE BROWN
VS.
CHARLES CHANDLER BROWN, SR.

WITH CONCURRING OPINION

Court:TCA

Attorneys:  

JOY TANNER BOMAR
Memphis, Tennessee
Attorney for Petitioner

JOHN D. HORNE
Memphis, Tennessee
Attorney for Respondent                        

Judge:HIGHERS

First Paragraph:

Charles Chandler Brown, Sr. (Father), appeals the trial court's order
denying his petition to modify the custody arrangement previously
agreed to by the parties and set forth in their final divorce decree. 
For the reasons stated hereinafter, we affirm the trial court's
judgment with certain modifications.

URL:http://www.tba.org/tba_files/TCA/brownpr_opn.WP6

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

JOSEPH R. CARUTHERS
VS.
DIANE L. CARUTHERS

Court:TCA

Attorneys: 

M. JANE POWERS, The Powers Law Firm, Crossville, for Appellant.

SHARON SERRA, Crossville, for Appellee.                         

Judge:MCMURRAY

First Paragraph:

This appeal is from a judgment in a divorce action heard in the
Probate and Family Court of Cumberland County.  The appellant
challenges the trial court's division of the marital estate, the
adequacy of her hearing before the court, and the  trial court's award
of $5,000.00 to the appellee for improvements to the appellant's
separate property.  We affirm the judgment of the trial court.

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

WILLIAM DAVID FOWLER and wife LINDA FOWLER
VS.
RICHARD BOWIE, M. D.

Court:TCA

Attorneys:  

FRANCIS X. SANTORE and FRANCIS X. SANTORE, JR., OF GREENEVILLE FOR
APPELLANTS

JAMES E. BRADING OF JOHNSON CITY FOR APPELLEE
                        

Judge:GODDARD

First Paragraph:

In this medical malpractice case, Plaintiffs William David Fowler and
his wife Linda Fowler appeal the Trial Court's sustaining a motion to
dismiss filed by the Defendant, Richard Bowie, M. D.

URL:http://www.tba.org/tba_files/TCA/fowler~1_wpd.WP6
Opinion-Flash

FRIZZELL CONSTRUCTION COMPANY, INC.
VS.
GATLINBURG, L.L.C

Court:TCA

Attorneys:

C. PAUL HARRISON, Long, Ragsdale & Waters, P.C., Knoxville, for
Appellant.


BERNARD E. BERNSTEIN & CELESTE H. HERBERT, Bernstein, Stair & McAdams,
L.L.P., Knoxville, for Appellee.

Judge:MCMURRAY

First Paragraph:

The facts of this case, as material to this appeal, are relatively
simple.  The parties entered into a contract for the construction of a
hotel in Gatlinburg, Tennessee.  The contract was a standard
Associated General Contractors Construction Manager contract styled
"Standard Form of Agreement Between Owner and Construction Manager." 
The agreement contains two provisions that are germane to the issues
under consideration here.

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

CHESLEY LEA JACKSON and WILMA JEAN WILSON
VS.
BOBBY J. DOTSON and wife, ANDREA DOTSON, and DENVER DOTSON

Court:TCA

Attorneys:  

J. PHILIP HARBER, Clinton, for Appellants

PHILIP R. CRYE, Clinton, for Appellees
                        

Judge:MCMURRAY

First Paragraph:

This case was heard at a bench trial and at the conclusion of the
plaintiffs' proof, the defendants moved the court for an involuntary
dismissal of the plaintiffs' case.  Rather than rule on the motion at
that time, the court allowed the plaintiffs to reopen their proof. 
After additional proof was introduced and the plaintiff rested, the
defendants renewed their motion for dismissal.

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

JOHNNIE FAY KENNEDY f/k/a Johnnie Fay (Fann) Robson
VS.
KENNETH WAYNE ROBSON

Court:TCA

Attorneys:     

MICHAEL W. EDWARDS
177 East Main Street
Hendersonville, Tennessee  37075
    ATTORNEY FOR PLAINTIFF/APPELLEE

THOMAS L. WHITESIDE
Fowlkes & Whiteside
172 Second Avenue North, Suite 204
Nashville, Tennessee  37201-1908
    ATTORNEY FOR DEFENDANT/APPELLANT                     

Judge:CAIN

First Paragraph:

This case represents an attempt on the part of the attorney of a
successful divorce litigant to enforce an award of attorneys fees,
using the contempt powers of the trial court having jurisdiction, in
the name not of the attorney but of the litigant.  The relevant facts
reveal that the court below entered a final decree of divorce in
Appellee's favor, which states: (12) The court hereby awards the WIFE
her reasonable attorney's fees due Michael W. Edwards in the amount of
$5497.00 as alimony in solido, the same to be considered a judgment in
favor of MICHAEL W. EDWARDS against HUSBAND, KENNETH WAYNE ROBSON, for
which execution may issue if necessary.

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

BONNIE SUE LESCARBEAU
VS.
LAWRENCE ALFRED LESCARBEAU, JR.

Court:TCA

Attorneys:  

LAWRENCE A. LESCARBEAU, JR., Appellant, Pro Se

LINDA THOMAS WOOLSEY OF GREENEVILLE FOR APPELLEE
                        

Judge:GODDARD

First Paragraph:

Lawrence Alfred Lescarbeau, Jr., appeals a judgment of the Greene
County Circuit Court which granted his wife, Bonnie Sue Lescarbeau, a
divorce and custody of their minor son with the provision that "all
visitation exercised by the Defendant shall be supervised by the
Plaintiff until further hearings of this Court."

URL:http://www.tba.org/tba_files/TCA/lescar~1_wpd.WP6
Opinion-Flash

SARAH MOORE
VS.
ARCHIE T. MOORE, III

Court:TCA

Attorneys:  

JAMES H. BEELER OF KINGSPORT FOR APPELLANT

TIMOTHY R. WILKERSON OF KINGSPORT FOR APPELLEE

Judge: GODDARD

First Paragraph:

Appellant, Archie T. Moore, III, appeals the Chancery Court's judgment
that it lacked jurisdiction as a matter of law to address the issue of
child custody in a divorce proceeding because Mr. Moore is not the
biological father of Brittney Moore, the child in question.  The
Chancery Court left the child in the custody of her mother, Ms. Sarah
Moore, the Appellee and former third wife of Mr. Moore.

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

RAY PLEASANT
VS.
MICHAEL J. REPASS and PAMELA S. REPASS

Court:TCA

Attorneys:   

TIMOTHY E. SCOTT OF KINGSPORT FOR APPELLANT

WILLIAM K. ROGERS OF KINGSPORT FOR APPELLEE
                       
Judge:GODDARD

First Paragraph:

This appeal had its genesis in a real estate transaction wherein
Defendants-Appellants Michael J. Repass and his wife Pamela S. Repass
sold a tract of land to Plaintiff-Appellee Ray Pleasant.  A judgment
in favor of Mr. Pleasant in the amount of $22,224.70 was granted upon
the theory that the Defendants had misrepresented certain material
matters in the sale of the property.

URL:http://www.tba.org/tba_files/TCA/pleasa~1_wpd.WP6
Opinion-Flash

GINA M. CATAPANO SANJINES
VS.
J. ARIEL SANJINES

Court:TCA

Attorneys: 

JORGE ARIEL SANJINES, Pro Se

WILLIAM H. HORTON, Horton, Maddox & Anderson, PLLC, Chattanooga, for
Appellee.

Judge:MCMURRAY

First Paragraph:

We granted this appeal pursuant to Rule 10, Tennessee Rules of
Appellate Procedure solely for the purpose of addressing the action of
the trial judge in refusing to recuse himself on motion of the
defendant, appellant.  Upon consideration, we are of the opinion that
the trial judge should have recused himself.  We, therefore, remand
the case to the trial court with instructions that the trial judge
shall recuse himself from further hearings in this matter and shall
through regular procedure have the matter assigned to another judge.

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

SWAN SEYMOUR
VS.
JOE SEYMOUR AND SEYMOUR CHARTER BUS LINES, INC.

Court:TCA

Attorneys:  

JAMES S. MacDONALD, Dunn, MacDonald & Coleman, P.C., Knoxville, for
Appellants.

JOHNNY V. DUNAWAY, Dunaway Law Office, LaFollette, for Appellee.

Judge:MCMURRAY

First Paragraph:

This is a dispute, basically, among family members over the ownership,
control, and liabilities of Seymour Charter Bus Lines, Inc.; parcels
of real estate and the various personal obligations of the parties to
each other.  The plaintiff, Swan Seymour, is the father of the
defendant, Joe Seymour, also known as Joseph O. Seymour.  Swan
Seymour, Joe Seymour, and Seymour Charter Bus Lines, Inc., were the
original parties to this action.  Subsequent to the filing of the
verified original complaint, the plaintiff filed a verified amended
complaint adding as defendants, Jean Seymour, ex-wife and long-time,
live-in companion of the plaintiff, (who had been held out as
plaintiff's wife for many years) and Kathryn C. Seymour, wife of Joe
Seymour.  All issues as to Jean Seymour and Kathryn C. Seymour were
settled and they are not parties to this appeal.

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

KEVIN R. WAGNER and PEGGY A. WAGNER
VS.
TABOR CONSTRUCTION, INC.
and
JOHN TABOR, D/B/A TABOR CON-CONSTRUCTION COMPANY

Court:TCA

Attorneys:

THOMAS R. HENLEY, Knoxville, for Appellant, Tabor Construction
Company.

BRENT R. WATSON, Knoxville, for Appellee, Kevin R. Wagner.

Judge:MCMURRAY

First Paragraph:

The facts of this case are relative simple.  The plaintiffs contracted
to purchase a house from the defendant.  When the house was complete,
excepting some "punch list items" the parties entered into a second
contract.  By the terms of the second contract, the defendant was to
place $5,000.00 in escrow with the monies to be used toward the
completion of the "punch list" items.  Part of the work was completed
on the "punch list" items.

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

STATE OF TENNESSEE ex rel. DEBORAH D. WILLIS
VS.
CECIL WILLIS, JR.

Court:TCA

Attorneys: 

William B. Lawson
P.O. Box 16
112 Gay Street
Erwin, Tennessee 37650
ATTORNEY FOR DEFENDANTS/APPELLEES,


Kimberly M. Frayn
2nd Floor, Cordell Hull Bldg.
425 Fifth Avenue, North
Nashville, Tennessee 37243-0499
ATTORNEY FOR PLAINTIFF/APPELLANT                         

Judge:TODD

First Paragraph:

This case involves the efforts of the State of Tennessee on relation
of Deborah D. Willis, former wife of Cecil Willis, Jr., to obtain the
revocation of a surrender executed by him surrendering his three
children, Deborah May, Pamela R. and Andrew V. for adoption.  The
Juvenile Judge, who witnessed the surrenders, later entertained the
petition to revoke and ordered the surrenders to be revoked.  The
respondent, Cecil Willis, Jr., has appealed to this Court, presenting
the following issue: I. Whether a Trial Court has authority to
revoke a "surrender of Child" by the natural father directly to the
natural mother and stepfather almost four (4) years after its
execution.  Furthermore, whether a surrender simply becomes void after
the passing of 120 days when an adoption has not yet occurred.

URL:http://www.tba.org/tba_files/TCA/willisc1_opn.WP6
Opinion-Flash

VIRGINIA LYNN WOOLSEY
VS.
DOUGLAS HARMON McPHERSON

Court:TCA

Attorneys:    

Wilburt J. Chiapella, Memphis, Tennessee
Attorney for Plaintiff/Appellant.

Kimbrough B. Mullins, Memphis, Tennessee
David E. Caywood, Memphis, Tennessee
Attorneys for Defendant/Appellee.                      

Judge:FARMER

First Paragraph:

Plaintiff Virginia Lynn Woolsey appeals the trial court's order
removing Jennifer McPherson from her custody and placing the child in
the custody of Defendant Douglas Harmon McPherson.  McPherson appeals
the trial court's order requiring him to pay the $15,000 fee of the
Guardian ad Litem.  We affirm in all respects.

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

STATE OF TENNESSEE
VS.
CHARLES MADISON BLACKMAN, JR.

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

SAM E. WALLACE, JR.         JOHN KNOX WALKUP 
227 Second Avenue, North    Attorney General & Reporter
Second Floor
Nashville, TN  37201        GEORGIA BLYTHE FELNER
                            Assistant Attorney General
                            2nd Floor, Cordell Hull Building
                            425 Fifth Avenue North 
                            Nashville, TN  37243

                            WILLIAM C. WHITESELL
                            District Attorney General
                            Third Floor Judicial Building
                            Murfreesboro, TN  37130                         

Judge:WOODALL

First Paragraph:

Charles Madison Blackman, Jr., appeals as of right following his
conviction in the Rutherford County Criminal Court.  Following a trial
by jury, the Defendant was convicted of driving under the influence,
second offense.  Defendant filed a motion for judgment of acquittal
and for new trial which was denied by the trial court.  In this
appeal, Defendant contests the sufficiency of the evidence.  We affirm
the judgment of the trial court.

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

RICHARD BROWN, JR.
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:
    

MARK STEPHENS               JOHN KNOX WALKUP
Public Defender             Attorney General & Reporter

PAULA R. VOSS               Elizabeth B. Marney
    -and-                   Asst. Attorney General
JOHN HALSTEAD               425 Fifth Ave., North
Asst. Public Defenders      2nd Floor, Cordell Hull Bldg.
1209 Euclid Ave.            Nashville, TN  37243-0493
Knoxville, TN  37921    
                            RANDALL NICHOLS
                            District Attorney General
                
                            ROBERT L. JOLLEY, JR.
                            Asst. District Attorney General
                            District Attorney General's Office
                            City-County Bldg.
                            Knoxville, TN  37902                          

Judge:PEAY

First Paragraph:

On July 23, 1993, the petitioner pled guilty to second-degree murder,
especially aggravated robbery, four counts of aggravated robbery, and
one count of theft.  He was then sentenced to a total of sixty years
to be served in the Tennessee Department of Correction.  On March 25,
1994, he filed a petition for post-conviction relief alleging that he
was denied the effective assistance of counsel.  Following an
evidentiary hearing on June 5, 1997, the post-conviction court denied
his petition.  It is from this denial that the petitioner now appeals.

After a review of the record and applicable law, we find no merit to
the petitioner's appeal and thus affirm the judgment of the court
below.

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

STATE OF TENNESSEE
VS.
ELISA COCHRAN

Court:TCCA

Attorneys:  

FOR THE APPELLANT:              FOR THE APPELLEE:

KENNETH F. IRVINE, JR.          JOHN KNOX WALKUP
Eldridge, Irvine & Hendricks    Attorney General & Reporter
606 W. Main St., Suite 350
P. O. Box 84                    ELIZABETH B. MARNEY
Knoxville, TN 37901-0084        Assistant Attorney General
(Appeal)                        425 Fifth Avenue North
                                Second Floor, Cordell Hull Building
THOMAS E. KIMBALL               Nashville, TN 37243-0493
Assistant Public Defender
110 _ Washington Avenue, N.E.   JERRY N. ESTES
Athens, TN 37303                District Attorney General
(Trial)
                                SANDRA DONAGHY
                                Assistant District Attorney
                                10th Judicial District
                                Washington Avenue
                                Athens, TN 37303                        

Judge:WOODALL

First Paragraph:

The defendant, Elisa Cochran,  was convicted of felony murder and 
received a mandatory sentence of life imprisonment.  This is an appeal
as of right of that conviction.

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

STATE OF TENNESSEE
VS.
THOMAS MICHAEL DAVENPORT

WITH DISSENTING OPINION

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

GUY R. DOTSON, JR.          JOHN KNOX WALKUP 
102 South Maple Street      Attorney General & Reporter
Murfreesboro, TN  37130 
                            TIMOTHY BEHAN
                            Assistant Attorney General
                            2nd Floor, Cordell Hull Building
                            425 Fifth Avenue North 
                            Nashville, TN  37243

                            WILLIAM C. WHITESELL, JR.
                            District Attorney General 

                            JOHN W. PRICE, III
                            Assistant District Attorney General
                            303 Rutherford County Judicial Bldg. 
                            Murfreesboro, TN  37130                          

Judge:WOODALL

First Paragraph:

The Defendant, Thomas Michael Davenport, appeals as of right from the
trial court's order revoking his probation.  In this appeal, Defendant
argues that the trial court erred by admitting into evidence a
laboratory report in violation of his constitutional rights to
confront and cross-examine witnesses and by concluding that the
evidence was sufficient to show a violation of the terms of his
probation.  We affirm the judgment of the trial court.

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

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

STATE OF TENNESSEE
VS.
DORIS MARIE DEBUHR

Court:TCCA

Attorneys:   

FOR THE APPELLANT:              FOR THE APPELLEE:

C. Michael Robbins              John Knox Walkup
46 North Third Street           Attorney General & Reporter
Suite 719                       425 Fifth Avenue, North
Memphis, TN  38103              Nashville, TN  37243-0493
(On Appeal)
                                Douglas D. Himes
George Morton Googe             Assistant Attorney General
District Public Defender        425 Fifth Avenue, North
Daniel J. Taylor                Nashville, TN  37234-0493
Assistant Public Defender
227 West Baltimore Street       James G. Woodall
Jackson, TN  38301              District Attorney General
(At Trial)                      225 Martin Luther King Drive
                                Jackson, TN  38302-2825

                                Donald H. Allen
                                Assistant District Attorney General
                                225 Martin Luther King Drive
                                Jackson, TN  38302-2825                       

Judge:LAFFERTY

First Paragraph:

The appellant, Doris Marie Debuhr, who will be herein referred to as
the defendant, appeals as of right from a judgment of the Madison
County Circuit Court revoking her probation.  The defendant presents
two issues for appellate review:  (1) the trial court erred by
receiving exhibit 1 at the probation revocation hearing, and (2) the
trial court erred by ordering the defendant to be incarcerated after
finding the defendant was in violation of conditions of her probation.
 After a review of the record, briefs of the parties, and appropriate
law, the trial court's judgment is affirmed.

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

LARRY KELLEY
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:           FOR THE APPELLEE:


ASHLEY OWNBY                JOHN KNOX WALKUP
180 North Ocoee St.         Attorney General & Reporter
Cleveland, TN 37311
      (On Appeal)           ELIZABETH B. MARNEY
                            Asst. Attorney General
STEVEN DAVIS CRUMP          John Sevier Bldg.
P.O. Box 42                 425 Fifth Ave., North
Cleveland, TN 37364-0042    Nashville, TN  37243-0493
      (At Hearing)
                            JERRY N. ESTES
                            District Attorney General

                            REBBLE JOHNSON
                            Asst. District Attorney General
                            P.O. Box 1351
                            Cleveland, TN 37364                        

Judge:PEAY

First Paragraph:

A jury found the petitioner guilty of first-degree murder on December
5, 1991, and a trial court subsequently sentenced the petitioner to
life imprisonment.  The petitioner timely appealed to this Court,
which affirmed the petitioner's convictions.  See State v. Kelley, 868
S.W.2d 733 (Tenn. Crim. App. 1993).  The petitioner's counsel, Mr.
Randy Rogers, failed to file an application to appeal by permission to
the Tennessee Supreme Court for further review.

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

ROYCE LEE "DINO" LANE
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:      For the Appellee:

Vanedda Prince          Charles W. Burson
P.O. Box 26             Attorney General of Tennessee
Union City, TN 38281        and             
                        Clinton J. Morgan
                        Assistant Attorney General of Tennessee
                        450 James Robertson Parkway     
                        Nashville, TN 37243-0493

                        C. Phillip Bivens
                        District Attorney General
                            and
                        James E. Lanier
                        Assistant District Attorney General
                        113 S. Mill Ave.
                        P.O. Box E
                        Dyersburg, TN 38024                         

Judge:TIPTON

First Paragraph:

The petitioner, Royce Lee "Dino" Lane, appeals as of right from the
Dyer County Circuit Court's denial of post-conviction relief after an
evidentiary hearing.  The petitioner is presently in the Department of
Correction serving an effective sentence of twenty-six years for his
1991 convictions for second degree murder, criminally negligent
homicide and unlawful possession of a firearm during the commission of
the second degree murder.  The petitioner contends that he received
the ineffective assistance of trial counsel, that his due process
rights were violated because the jury was allowed to see him in
shackles, and that the reasonable doubt jury instruction allowed the
jury to convict him based on a lower standard of proof than is
constitutionally required.  We affirm the judgment of the trial court.

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

STATE OF TENNESSEE
VS.
MICHAEL D. LOVE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:      FOR THE APPELLEE:

C. MICHAEL ROBBINS      JOHN KNOX WALKUP
46 North Third Street   Attorney General and Reporter
Suite 719
Memphis, TN 38103       CLINTON J. MORGAN
                        Assistant Attorney General
                        425 5th Avenue North
                        Nashville, TN 37243

                        JERRY WOODALL
                        District Attorney General

                        JAMES W. THOMPSON
                        Assistant District Attorney General
                        Lowell Thomas State Office Bldg.
                        Jackson, TN 38301                        

Judge:WELLES

First Paragraph:

The Defendant appeals as of right from the judgment of the trial court
which found him to be in violation of the terms of his probation.  He
argues that the trial court erred in ordering the balance of his
sentence to be served in confinement.  We affirm the judgment of the
trial court.

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

STATE OF TENNESSEE
VS.
JACOB MEEKS

WITH DISSENTING OPINION

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

David Crichton              John Knox Walkup
111 W. Market Street        Attorney General & Reporter
Bolivar, TN  38008
                            Douglas D. Himes
                            Assistant Attorney General      
                            425 Fifth Avenue North
                            Nashville, TN  37243-0493                         

Judge:BYERS

First Paragraph:

The defendant appeals from the dismissal of a petition for
post-conviction relief, wherein he sought a delayed appeal from the
judgment of the Court of Criminal Appeals, which affirmed his trial
court conviction for "hindering a secured creditor," to the Supreme
Court.

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

DISSENT:

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

STATE OF TENNESSEE
VS.
LARRY ALAN MORRIS

Court:TCCA

Attorneys:    

FOR THE APPELLANT:      FOR THE APPELLEE:

VICKI FRYE-FOWLKES      JOHN KNOX WALKUP
116 First Avenue, N.W.  Attorney General and Reporter
Winchester, TN  37398
                        DARYL J. BRAND
                        Senior Counsel
                        425 Fifth Avenue North
                        Nashville, TN  37243

                        J. MICHAEL TAYLOR
                        District Attorney General

                        STEVEN M. BLOUNT
                        Assistant District Attorney
                        324 Dinah Shore Blvd.
                        Winchester, TN  37398                      

Judge:SMITH

First Paragraph:

On May 15, 1997, Appellant, Larry Alan Morris, pled guilty to
aggravated assault by causing serious bodily injury with the use of a
deadly weapon. The parties agreed, as a part of the plea agreement,
that Appellant would serve a five year sentence. The manner of service
was left to the discretion of the trial court. Franklin County Circuit
Court Judge, the Honorable Thomas W. Graham, sentenced Appellant to
five years imprisonment on July 21, 1997. At the request of the State,
the trial court noted on the judgment that the court suggested that
Appellant be placed in a special needs facility. Appellant appeals
from the length of his sentence and a denial of community corrections
placement or other alternative sentence. After a review of the record,
we affirm the judgment of the trial court.

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

STATE OF TENNESSEE
VS.
CARLTON SMITH

Court:TCCA

Attorneys:

For the Appellant:      For the Appellee:

Darryl Humphrey         John Knox Walkup        
P.O. Box 6655           Attorney General of Tennessee
Knoxville, TN 37914             and             
                        Ellen H. Pollack
                        Assistant Attorney General of Tennessee
                        425 Fifth Avenue North      
                        Nashville, TN 37243-0493

                        Randall E. Nichols
                        District Attorney General
                            and
                        Paula Gentry
                        Assistant District Attorney General
                        City County Building
                        Knoxville, TN 37902                          

Judge:TIPTON

First Paragraph:

The defendant, Carlton Smith, appeals as of right from his conviction
following a jury trial in the Knox County Criminal Court for
possession with intent to sell less than one-half gram of cocaine, a
Class C felony.  As a Range II, multiple offender, the defendant was
sentenced to eight years in the custody of the Department of
Correction, and he was fined ten thousand dollars.  On appeal, the
defendant contends that the evidence is insufficient to support his
conviction.  He argues that the state did not prove beyond a
reasonable doubt all of the essential elements of the crime.  We
affirm the trial court's judgment of conviction.

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

STATE OF TENNESSEE
VS.
JAMES CHRISTOPHER TATROW

Court:TCCA

Attorneys:  

FOR THE APPELLANT:      FOR THE APPELLEE:

JOHN E.  APPMAN         JOHN KNOX WALKUP
P.O. Box 99             Attorney General & Reporter
Jamestown, TN 38556
                        MICHAEL J.  FAHEY, II
LARRY WARNER            Assistant Attorney General
P.O. Box 601            Criminal Justice Division
Crossville, TN 38557    425 Fifth Ave.  North
                        Second Floor, Cordell Hull Building
                        Nashville, TN 37243-0493    

                        WILLIAM E.  GIBSON
                        District Attorney General
                        
                        DAVID A.  PATTERSON
                        ANTHONY J. CRAIGHEAD
                        Assistant District Attorney Generals
                        145 South Jefferson Ave. 
                        Crossville, TN 38555                        

Judge:WITT

First Paragraph:

A jury in Cumberland County Criminal Court convicted the defendant,
James Christopher Tatrow, of two counts of felony murder and two
counts of especially aggravated kidnapping in the deaths of Roger
Zammit and John Harry.  The defendant was also convicted of two counts
of premeditated and deliberate murder of the same victims.  The trial
court set aside those verdicts, however, as the thirteenth juror.  See
Tenn. R. Crim. P.  33 (f).  In the sentencing phase, the jury declined
to impose the death penalty or life without parole and sentenced the
defendant to serve life sentences with the possibility of parole.  At
the conclusion of a sentencing hearing, the trial court ordered the
defendant to serve two consecutive life sentences concurrently with
sentences of 22 years for the kidnapping convictions.  The defendant
now challenges the validity of the convictions and the propriety of
consecutive sentencing pursuant to Rule 3 of the Tennessee Rules of
Appellate Procedure.

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


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