TBALink Opinion-Flash

November 12, 1998 -- Volume 4 -- Number 165

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
01-New Opinion(s) from the Tennessee Court of Appeals
03-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


URL:http://www.tba.org/tba_files/TSC_Rules/statelst_119.WP6
Opinion-Flash

DEBORAH H. STEELE
VS.
SUPERIOR HOME HEALTH CARE OF CHATTANOOGA, INC., and 
DAVID TWOMBLEY, individually

Court:TCA

Attorneys: 

For Appellant Superior Home         For Appellee
Health Care of Chattanooga, Inc.
                                    GRACE E. DANIELL
J. SCOTT McDEARMAN                  Starr & Daniell, P.C.
TONYA K. CAMMON                     Chattanooga, Tennessee
Grant, Konvalinka & 
  Harrison, P.C.
Chattanooga, Tennessee

For Appellant David Twombley
JOHN C. HARRISON
CYNTHIA R. FREEMON
Baker, Donelson, Bearman &
  Caldwell
Chattanooga, Tennessee                         

Judge:SUSANO

First Paragraph:

The plaintiff, Deborah H. Steele ("Steele"), brought this action
against her former employer, Superior Home Health Care of Chattanooga,
Inc. ("Superior"), and her former supervisor, David Twombley
("Twombley"), alleging that she was the victim of, among other things,
sexual harassment, outrageous conduct, and the intentional infliction
of emotional distress.

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

STATE OF TENNESSEE
VS.
ROBERT GOSS and CARL HALE

Court:TCCA

Attorneys:   

For Appellant Goss:             For the Appellee:

Robert Wilder                   Charles W. Burson
Bank of Ripley Bldg.            Attorney General of Tennessee
Ripley, TN 38063                    and             
(AT TRIAL)                      Deborah A. Tullis
                                Asst Attorney General of Tennessee
D. Michael Dunavant             450 James Robertson Parkway 
Bank of Ripley Bldg.            Nashville, TN 37243-0493
Ripley, TN 38063                                        
(AT TRIAL & ON APPEAL)
                                Elizabeth T. Rice
For Appellant Hale:             District Attorney General
                                302 Market Street
Gary F. Antrican                Somerville, TN 38068
District Public Defender                and
P.O. Box 700                    Mark Davidson
Somerville, TN 38068            Asst District Attorney General
     and                        Lauderdale County Justice Center
Julie K. Pillow                 675 Highway 51
Assistant Public Defender       Ripley, TN 38063
151 Industrial Road
Covington, TN 38019                       

Judge:TIPTON

First Paragraph:

The defendants, Robert Goss and Carl Hale, appeal as of right from
their jury convictions in the Lauderdale County Circuit Court for
first degree murder and aggravated assault, a Class C felony.  The
defendants were sentenced to life imprisonment for their convictions
for first degree murder.  The trial court sentenced Goss as a Range
II, multiple offender to ten years in the custody of the Department of
Correction for the aggravated assault conviction.  It sentenced Hale
as a Range III, persistent offender to fifteen years in the custody of
the Department of Correction for the aggravated assault conviction. 
The trial court ordered the defendants to serve their respective
sentences consecutive to each other and consecutive to prior
sentences.  On appeal, the defendants contend that the evidence is
insufficient to support their convictions and that the trial court
erred by admitting into evidence a photograph of the murder victim. 
In addition, Goss contends that the trial court erred by denying his
motion to suppress a statement made by him.  Hale also contends that
the trial court improperly denied his motion for a preliminary hearing
or, in the alternative, to dismiss the indictment.  We affirm the
judgments of conviction.

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

STATE OF TENNESSEE
VS.
MICHAEL S. HOLMES

Court:TCCA

Attorneys: 

FOR THE APPELLANT:
    
    C. MICHAEL ROBBINS (on appeal)
    46 North Third Street, Suite 719
    Memphis, TN 38103
    
    GEORGE MORTON GOOGE (at trial)
    District Public Defender
    
    MICHAEL D. RASNAKE (at trial)
    DANIEL J. TAYLOR
    Assistant District Public Defenders
    227 West Baltimore Street
    Jackson, TN  38301-6137

FOR THE APPELLEE:
    
    JOHN KNOX WALKUP
    Attorney General and Reporter
    
    ELIZABETH T. RYAN
    Assistant Attorney General
    Cordell Hull Building, 2nd Floor
    425 Fifth Avenue North
    Nashville, TN  37243-0493
    
    JAMES G. (JERRY) WOODALL
    District Attorney General
    
    DONALD H. ALLEN
    Assistant District Attorney General
    P.O. Box 2825
    Jackson, TN  38302-2825                         

Judge:RILEY

First Paragraph:

On March 5, 1997, a Chester County jury found defendant guilty of
Aggravated Robbery, Aggravated Assault, Aggravated Kidnapping, Felony
Escape, Burglary of a Vehicle, and Theft of Property Over $1,000.  The
trial court sentenced the defendant to an effective twenty-year
sentence on the subject charges, to run  consecutively to both a prior
Shelby County sentence and a thirty-year federal sentence.

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

STATE OF TENNESSEE
VS.
WALTER JOHNSON

Court:TCCA

Attorneys:

FOR THE APPELLANT:      FOR THE APPELLEE:

ROBERT C. BROOKS        JOHN KNOX WALKUP
707 Adams Avenue        Attorney General and Reporter
Memphis, TN 38177
                        ELIZABETH T. RYAN
                        Assistant Attorney General
                        425 5th Avenue North
                        Nashville, TN 37243-0493

                        WILLIAM L. GIBBONS
                        District Attorney General

                        JAMES M. LAMMEY
                        Assistant District Attorney General
                        Criminal Justice Complex, Suite 301
                        201 Poplar Street 
                        Memphis, TN 38103                          

Judge:WELLES

First Paragraph:

On May 1, 1997, the Defendant, Walter Johnson, was convicted by a
Shelby County jury of especially aggravated kidnapping and was
subsequently sentenced to twenty-five years as a Range I offender. 
The Defendant now appeals his conviction and sentence as of right,
pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure.  We
affirm the judgment of the trial court.

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

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