TBALink Opinion-Flash

November 5, 1998 -- Volume 4 -- Number 161

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
00-New Opinion(s) from the Tennessee Court of Appeals
07-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



STATE OF TENNESSEE
VS.
MICHAEL A. BORDIS, SR.

Court:TCCA

Attorneys:   

FOR THE APPELLANT:          FOR THE APPELLEE:

MARK J. FISHBURN            JOHN KNOX WALKUP
Attorney at Law             Attorney General & Reporter
100 Thompson Lane
Nashville, TN  37211        KAREN M. YACUZZO
                            Asst. Attorney General
                            425 Fifth Ave. N., 2d Floor
                            Nashville, TN  37243-0493

                            VICTOR S. JOHNSON, III
                            District Attorney General

                            NICHOLAS BAILEY
                            KATRIN MILLER
                            Asst. District Attorneys General
                            Washington Square, Ste. 500
                            222 Second Ave. North
                            Nashville, TN  37201-1649                       

Judge:WITT

First Paragraph:

The defendant, Michael A. Bordis, Sr., stands convicted of second
degree murder as a result of his son's death from starvation. 
Following his jury trial in the Davidson County Criminal Court, he
received a maximum sentence of 25 years.  In this appeal, Bordis
alleges error in the trial court's admission of a witness's testimony
that Bordis had been untruthful when he gave an earlier statement. 
Because we find that the defendant has waived our consideration of the
issue, we affirm the judgment of the trial court.

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

STATE OF TENNESSEE
VS.
ELISA COCHRAN

DISSENTING OPINION (Original posted 11/3/98)

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:ACREE

First Paragraph:

I dissent from the majority's finding that the evidence was sufficient
to sustain the conviction of felony murder.  Otherwise, I concur with
the majority's decision.

The defendant was indicted and convicted for unlawfully and recklessly
killing Benjamin Smith during the perpetration of especially
aggravated robbery.  In my opinion, the State has failed to prove
beyond a reasonable doubt that the victim was killed during the
perpetration of this felony.  I believe that the record supports
convictions for the crimes of second degree murder and theft.

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

Origianl Opinion:
URL:http://www.tba.org/tba_files/TCCA/cochrane_opn.wp6
Opinion-Flash

STATE OF TENNESSEE
VS.
GEORGE D. FITZPATRICK

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

Carlton M. Lewis            John Knox Walkup
Attorney at Law             Attorney General & Reporter 
Petway, Blackshear & Cain
208 Third Avenue, North     Michael J. Fahey, II
Nashville, TN 37201-1604    Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243-0493

                            Victor S. (Torry) Johnson III
                            District Attorney General

                            Dan Hamm
                            Sharon Brox
                            Assistant District Attorneys General
                            200 Washington Square, Suite 500
                            Nashville, TN 37201-1619                        

Judge:SUMMERS

First Paragraph:

The appellant, George D. Fitzpatrick, was convicted by a jury of rape
and assault.  The sole issue presented on appeal is whether the
evidence at trial was sufficient to support a finding of guilt beyond
a reasonable doubt.  We find that it was and affirm the judgment of
the trial court.

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

STATE OF TENNESSEE
VS.
TERRENCE LEE HANNAH

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

MICHAEL R. JONES                JOHN KNOX WALKUP
14th District Public Defender   Attorney General & Reporter
110 Sixth Ave. West
Springfield, TN 37172           ELIZABETH B. MARNEY
                                Assistant Attorney General  
                                Criminal Justice Division
                                425 Fifth Ave. North
                                2d Floor, Cordell Hull Bldg.
                                Nashville, TN 37243-0493    

                                JOHN WESLEY CARNEY, JR.
                                District Attorney General
                                204 Franklin St. Suite 200
                                Clarksville, TN 37040-3420
                
                                DENT MORRISS
                                Assistant District Attorney General
                                500 So. Main St.
                                Springfield, TN 37172                         

Judge:WITT

First Paragraph:

The defendant, Terrence Lee Hannah, was convicted in a jury trial in
the Robertson County Circuit Court of second degree murder, a Class A
felony.  The jury acquitted him of first degree premeditated murder.  
As a Range I, standard offender, he received a twenty-year sentence. 
The defendant must serve no less than 85% of his sentence.  In this
direct appeal,  the defendant challenges the sufficiency of the
evidence, the admissibility of his confession, and the trial court's
sentencing determination.  Having reviewed the record, the briefs of
the parties, and the applicable law, we affirm the judgment of the
trial court.

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

STATE OF TENNESSEE
VS.
ROY DALE McGRIFF

Court:TCCA

Attorneys:   

FOR THE APPELLANT:
    
    ROBERT J. MENDES (AT HEARING)
    Cummins Station, Ste. 507
    209 Tenth Avenue, South
    Nashville, TN 37203
    
    
    PETER D. HEIL (ON APPEAL)
    P. O. Box 40651
    Nashville, TN 37204

FOR THE APPELLEE:
    
    JOHN KNOX WALKUP
    Attorney General and Reporter
    
    CLINTON J. MORGAN
    Assistant Attorney General
    Cordell Hull Building, 2nd Floor
    425 Fifth Avenue North
    Nashville, TN  37243-0493
    
    VICTOR S. JOHNSON, III
    District Attorney General
    
    MARY CAMPBELL
    GRADY MOORE
    Assistant Dist.  Attorneys General
    Washington Square, Ste. 500
    222 Second Avenue, North
    Nashville, TN 37201-1649                       

Judge:RILEY

First Paragraph:

The defendant, Roy Dale McGriff, appeals the trial court's order
denying his motion to withdraw his guilty plea.  After a careful
review of the record, we affirm the judgment of the trial court.

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

BENJAMIN PACHUCKI
VS.
STATE OF TENNESSEE

ORDER

Court:TCCA

Judge:RILEY

First Paragraph:

Petitioner appeals the trial court's summary dismissal of his petition
for post- conviction relief based upon the statute of limitations.  We
affirm the judgment of the trial court pursuant to Rule 20, Tennessee
Court of Criminal Appeals. 

Petitioner pled guilty on September 25, 1981, to second degree
burglary and received an indeterminate sentence of not less than three
years nor more than five years.  Petitioner pled guilty on November 2,
1992, to the offense of failure to appear and received a sentence of
four years as a Range II multiple offender. No appeal was taken in
either case.

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

STATE OF TENNESSEE
VS.
WILLIAM D. STOCKWELL

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

B. F. LOWERY                JOHN KNOX WALKUP
Public Square, Lowery Bldg. Attorney General and Reporter
Lebanon, TN..  37087
                            TIMOTHY F. BEHAN
                            Assistant Attorney General
                            425 5th Avenue North
                            Nashville, TN.  37243

                            TOM P. THOMPSON, JR.
                            District Attorney General

                            ROBERT HIBBETT
                            Assistant District Attorney
                            111 Cherry Street
                            Lebanon, TN.  37087                         

Judge:SMITH

First Paragraph:

On December 19, 1996, a Wilson County jury found Appellant, William D.
Stockwell, guilty of first degree murder in the death of his newborn
son. The trial court immediately imposed a sentence of life
imprisonment. Appellant appeals from his conviction, raising three
issues:

1) whether the evidence was sufficient to support a conviction for
first degree murder; 2) whether the trial court erred in failing to
make a conclusive determination of the voluntariness and admissibility
of Appellant's alleged confession prior to the submission of the
statement to the jury; and 3) whether the trial court erred in
allowing the State to introduce into evidence the involuntary
statement of Appellant as well as the testimony of Detective David
Kennedy at the trial concerning the taking of the statement.

After a review of the record, we affirm the judgment of the trial
court.

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


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