TBALink Opinion-Flash

December 1, 1998 -- Volume 4 -- Number 173

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):
03-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
16-New Opinion(s) from the Tennessee Court of Appeals
06-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



LINDA GERRY
VS.
CHALLENGER ELECTRICAL

Court:TSC

Judge: PER CURIAM

First Paragraph:

This case is before the Court upon the entire record, including the
order of referral to the Special Workers' Compensation Appeals Panel,
and the Panel's Memorandum Opinion setting forth its findings of fact
and conclusions of law, which are incorporated herein by reference.

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

ERMA LITTLE
VS.
ROYAL INSURANCE COMPANY

Court:TSC

Judge: PER CURIAM

First Paragraph:

This case is before the Court upon the entire record, including the
order of referral to the Special Workers' Compensation Appeals Panel,
and the Panel's Memorandum Opinion setting forth its findings of fact
and conclusions of law, which are incorporated herein by reference.

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

DONALD MAJOR
VS.
LINCOLN BRASS WORKS

Court:TSC

Judge:PER CURIAM

First Paragraph:

This case is before the Court upon motion for review pursuant to Tenn.
Code Ann. S 50-6-225(e)(5)(B), the entire record, including the order
of referral to the Special Workers' Compensation Appeals Panel, and
the Panel's Memorandum Opinion setting forth its findings of fact and
conclusions of law, which are incorporated herein by reference;

URL:http://www.tba.org/tba_files/TSC/majorp_ord.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_23.WP6
Opinion-Flash

CITY OF CHATTANOOGA
VS.
J. KENNETH AND ALIESE HUTSELL

Court:TCA

Attorneys: 

DOUGLAS M. COX, City Attorney's Office, Chattanooga, for
Petitioner-Appellee.

CATHERINE M. WHITE, Chattanooga, for Respondents-Appellants.  
                         
Judge:FRANKS

First Paragraph:

In this condemnation action, the issue on appeal is whether the Trial
Judge abused his discretion in refusing the request of landowner's
attorney that the exhibits in evidence be supplied to the jury during
its deliberation.

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

ELSIE JOHNSON
and
THOMAS A. NOKES
VS.
DONALD CRAYCRAFT

Court:TCA

Attorneys:      

For Appellant                   For Appellee

CLINTON R. ANDERSON             J. RANDALL SHELTON
Morristown, Tennessee           Morristown, Tennessee
                    

Judge:SUSANO

First Paragraph:

When this case was first before us, see Johnson v. Craycraft, 914
S.W.2d 506 (Tenn.App. 1995), we vacated, in part, the judgment of
Chancellor Dennis H. Inman.  In so doing, we relied upon the
then-recently released opinion of the Supreme Court in the case of
Matlock v. Simpson, 902 S.W.2d 384 (Tenn. 1995), to justify our
holding that a confidential relationship existed, on and after
February 23, 1988, between the plaintiff, Elsie Johnson, on the one
hand, and the defendant, Donald Craycraft ("Craycraft") and his wife,
on the other.  We remanded this case to the trial court with
instructions to determine whether there was clear and convincing
evidence of the fairness of the Johnson-Craycrafts transactions that
occurred on and after February 23, 1988, such as to rebut the
presumption of undue influence by the Craycrafts -- a presumption
arising out of the confidential relationship.  In the meantime,
Chancellor Inman was appointed to the federal bench.  He was replaced
by Chancellor Thomas R. Frierson, II, who considered this matter on
remand.  Chancellor Frierson did not find the requisite clear and
convincing evidence to rebut the presumption.  Based on Craycraft's
accounting of Ms. Johnson's funds transferred to his care, and other
relevant documents, the Chancellor awarded a judgment of $237,555.37
to the plaintiff Thomas A. Nokes, the only son of Ms. Johnson. 
Craycraft appealed, contending, first, that the trial court erred in
revisiting a transaction that was affirmed in our earlier opinion;
and, second, that the evidence preponderates against the trial court's
determination that there was an absence of the clear and convincing
evidence necessary to rebut the presumption of undue influence.

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

CREATIVE RESOURCE MANAGEMENT, INC.
VS.
BARRY SOSKIN, et al

Court:TCA

Attorneys: 

WINSTON S. EVANS
PHILLIP BYRON JONES
Evans, Jones & Reynolds
1810 First Union Tower
150 Fourth Avenue, North
Nashville, Tennessee  37219
    ATTORNEYS FOR PLAINTIFF/APPELLANT


THOR Y. URNESS
JULIE C. MURPHY
Boult, Cummings, Conners & Berry
414 Union Street, Suite 1600
P. O. Box 198062
Nashville, Tennessee  37219  
    ATTORNEYS FOR DEFENDANTS/APPELLEES
                         

Judge:CAIN

First Paragraph:

Creative Resource Management, Inc. appeals a summary judgment granted
in the trial court to the individual defendant, Barry Soskin.

The defendant, Nashville Pro Hockey, LLC, was a Limited Liability
Company under the laws of Tennessee, with personal liability of
officers, members, and other agents limited by Tennessee Code
Annotated section 48-217-101.

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

MONROE E. DAVIS
VS.
COMMISSIONER DONAL CAMPBELL, ET AL

Court:TCA

Attorneys: 

MONROE E. DAVIS, #130909
Middle Tennessee Correctional Complex-Annex
7466 Centennial Boulevard
Nashville, Tennessee 37209
    Pro Se/Petitioner/Appellant

JOHN KNOX WALKUP
Attorney General & Reporter

ABIGAIL TURNER
Assistant Attorney General
425 Fifth Avenue North
Nashville, Tennessee 37243-0488
    Attorney for Respondents/Appellants
                         

Judge:CANTRELL

First Paragraph:

An inmate who was disciplined for threatening a correctional officer
filed a Petition for Writ of Certiorari, claiming that he was denied
due process in the disciplinary proceedings.  The trial court
dismissed the petition.  We affirm.

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

DANNY DEAN LINDSEY and RUTH MICHELLE NOVISKI LINDSEY
VS.
MACK COULTER d/b/a COULTER REALTY AND AUCTION COMPANY

Court:TCA

Attorneys: 

R.D. HASH, Maryville, for Appellants.

JOHN CARSON III, White, Carson & Alliman, Madisonville, for Appellee.                         

Judge:McMURRAY

First Paragraph:

This appeal involves an action by Danny Lindsey and Ruth Lindsey
against Mack Coulter, a licensed auctioneer, for alleged negligence in
advertising the sale of their residence and in selling it at auction. 
Coulter filed a counter-claim against the Lindseys, alleging they
wrongfully refused to pay his commission for the sale.  The trial
court granted Coulter's motion for summary judgment against Mr.
Lindsey, ordered Ms. Lindsey's pleadings stricken from the record, and
entered default judgment against her.  We find from our review of the
record that genuine issues of material fact exist regarding the
Lindseys' claims, and Coulter's counter-claim, such that the judgments
in favor of Coulter must be vacated and the case remanded for trial.

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

MAPLES HOMEOWNERS ASSOCIATION, INC.
VS.
T & R NASHVILLE LIMITED PARTNERSHIP

Court:TCA

Attorneys:

For Plaintiff/Appellee:             For Defendant/Appellant:

Keith C. Dennen                     Kenneth F. Scott
James C. Bradshaw                   Tune, Entrekin & White
Wyatt, Tarrant & Combs              Nashville, Tennessee
Hendersonville, Tennessee                          

Judge:KOCH

First Paragraph:

This appeal involves a dispute concerning the interpretation of the
declarations of a planned unit development in Sumner County.  After
the owner of a rental apartment complex in the planned unit
development recorded conflicting declarations, the development's
homeowners association filed suit in the Chancery Court for Sumner
County seeking declaratory and injunctive relief.  On cross motions
for summary judgment, the trial court held that the development's
declarations required the owner of the rental apartment complex to
record declarations and that the rental apartment complex's
declarations were inconsistent with the development's declarations. 
The owner of the rental apartment complex asserts on this appeal that
the trial court misinterpreted the development's declarations and that
it was not required to record declarations of its own.  We agree and
hold that the owner of the rental apartment complex, not the
homeowners association, is entitled to a judgment as a matter of law. 
Therefore, we reverse the summary judgment for the homeowners
association.

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

EVA L. MILES
VS.
MARJORIE M. NELSON

Court:TCA

Attorneys: 

WILLIAM A. ZIERER OF MORRISTOWN FOR APPELLANT

JAMES D. HUTCHINS OF DANDRIDGE FOR APPELLEE                         

Judge:GODDARD

First Paragraph:

In this case Plaintiff Eva L. Miles sues Defendant Marjorie M. Nelson
to have decreed to her a triangular strip of land which is not
encompassed in the deed to her and her husband.  It is, however,
included in the deed to Mrs. Nelson and her husband.  The Plaintiff
asserts that because she has adversely possessed the disputed area for
a period of almost 39 years, she is entitled to prevail.

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

MALCOLM MILLS, JR. and MALCOLM MILLS, III
VS.
KEN HANCOCK, individually and d/b/a HANCOCK HOMES &
HANCOCK ENTERPRISES

Court:TCA

Attorneys: 

ELLEN TAYLOR TURLEY
2620 Old Lebanon Pike
Nashville, Tennessee  37214
    ATTORNEY FOR PLAINTIFFS/APPELLEES

JOEL H. MOSELEY
Moseley & Moseley
Suite 300, One Church Street
101 Church Street
Nashville, Tennessee  37201-1609
    ATTORNEY FOR SURETY/APPELLANT                         

Judge:CAIN

First Paragraph:

This appeal involves the liability of a surety upon a bond given for
appeal to the Tennessee Court of Appeals from a judgment in the
Circuit Court of Davidson County.  We must determine whether this
appeal bond covers the fees awarded to the appellees' attorney on the
basis of this court's determination that the appeal was wrongfully 
prosecuted against the appellees.  The trial court held that the
appeal bond did include the attorney fees and we affirm the court's
decision on appeal.

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

KAREN NEWPORT (FUGATE)
VS.
NATHAN NEWPORT

Court:TCA

Attorneys: 

JACK W. PIPER, JR., O'CONNOR, PETTY, CHILD & BOSWELL, Knoxville, for Appellant.

PHILIP R. CRYE, JR., MAGILL, CRYE & CIZEK, Clinton, for Appellee.
                         

Judge:FRANKS

First Paragraph:

In this child custody dispute, the Trial Judge ordered the custody of
the child changed from the mother to the father, and the mother has
appealed, insisting that the father did not carry his burden to
establish a change of circumstances to support a change of custody.

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

ASHLEY CHRISTINE OLEN and STEVEN MICHAEL OLEN,
BY: THERESA E. OLEN
VS.
ANGELA ARLENE OLEN ALTHERR

Court:TCA

Attorneys: 

H. RANDOLPH FALLIN, Mountain City, for Appellant.

WILLIAM J. COCKETT, SMITH & COCKETT, Mountain City, for Appellee.                         

Judge:FRANKS

First Paragraph:

In this child custody action, the minor children's stepmother sought
custody after the death of her husband, who had been the custodial
parent.  The natural mother counter-claimed for custody, and the Trial
Judge awarded custody to the natural mother.  The stepmother has
appealed.

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

BETTY PRATHER and CAROL PRATHER
VS.
KENNETH R. LYLE and HOLT FARMS

Court:TCA

Attorneys:    

For Plaintiffs/Appellants:          For Defendants/Appellees:

Thomas K. McAlexander               Randolph A. Veazey
HILL BOREN, P.C.                    Warren M. Smith
Jackson, Tennessee                  Nashville, Tennessee                      

Judge:KOCH

First Paragraph:

This appeal involves the amount of a jury's damage award for personal
injuries arising out of a collision between an automobile and a dump
truck.  The two injured parties filed suit in the Circuit Court for
Montgomery County, each seeking $75,000 in damages.  After the driver
of the dump truck admitted negligence, the case was submitted to a
jury solely on the issue of damages.  The jury awarded each injured
party $5,000, and the trial court approved the verdict.  The injured
parties assert on this appeal that the damage award was too low and
was contrary to the weight of the evidence.  We affirm the judgment in
accordance Tenn. Ct. App. R. 10(b).

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

STATE FARM FIRE AND CASUALTY COMPANY
VS.
JOHN E. WHITE, LIZANNE WHITE, And JOHN AUSTIN WHITE, A Minor

Court:TCA

Attorneys: 

Robert L. Moore, John H. Dotson; Thomason, Hendrix,
Harvey, Johnson & Mitchell of Memphis
For Appellee

R. Sadler Bailey, C. Philip M. Campbell; Law Offices
of Bailey & Clarke of Memphis
For Appellants                         

Judge:CRAWFORD

First Paragraph:

This case concerns a coverage dispute under a homeowners insurance
policy.  Appellants, John E. White (Father), Lisanne White (Mother),
and John Austin White, a minor,  (Austin), appeal from the trial
court's order granting summary judgment to Appellee, State Farm Fire
and Casualty Company (State Farm), motion for summary judgment and
denying their cross-motion for summary judgment.

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

BARRY ALAN SPRUCE
VS.
LORI JEAN SPRUCE

Court:TCA

Attorneys: 

For Appellant                  For Appellee

J. TERRY HOLLAND               PATRICK T. PHILLIPS
Holland Law Offices            Knoxville, Tennessee
Knoxville, Tennessee
                         

Judge:SUSANO

First Paragraph:

In this post-divorce proceeding, we are asked to review the judgment
of the trial court denying the Rule 60.02 motion of the original
defendant, Lori Jean McDowell, formerly Spruce ("Mother").  The
parties' final judgment of absolute divorce was entered on April 14,
1994.  It recites, approves, and adopts the parties' agreement
pertaining to all matters then at issue between them, including child
support for their two minor children.  On September 11, 1997, some 41
months after the final judgment was entered, Mother, who had been
awarded custody of the children in the divorce judgment, filed a
motion against her former husband, Barry Alan Spruce ("Father"),
predicated on subsections (4) and (5) of Rule 60.02, Tenn.R.Civ.P.,
seeking to be "relieve[d]," see Rule 60.02, of that portion of the
divorce judgment awarding child support of $100 per month.  The trial
court denied the motion, finding no basis for Rule 60.02 relief. 
Mother appealed, arguing that the original award of $100 per month for
two children is not in compliance with the Child Support Guidelines
("Guidelines") promulgated pursuant to T.C.A. S 36-5-101(e)(1); that
the trial court erred, at the time of the divorce, in deviating from
the Guidelines; and, finally, that the procedure at the time of the
divorce was irregular, and such as to justify the relief sought in
this case.

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

HARTE R. THOMAS, JR.
VS.
SHAIR LABORATORIES, INC. and DAVID SELF

Court:TCA

Attorneys: 

ALAN BRYANT CHAMBERS
CHAMBERS & DURHAM, P.C.
Memphis, Tennessee
Attorney for Appellants

JOHN D. HORNE
Memphis, Tennessee
Attorney for Appellee                         

Judge:HIGHERS

First Paragraph:

Shair Laboratories, Inc. and David Self appeal the trial court's
judgment awarding Harte Thomas damages, including treble damages and
attorney fees, pursuant to the Tennessee Consumer Protection Act.  For
the reasons hereinafter stated, we reverse the trial court's judgment.

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

JOEL J. TROY, Individually and as next and 
as next friend of Laureen Elizabeth 
Troy and Joel James "Jake" Troy, III
VS.
CHARLES T. HERNDON, IV, 
Administrator-ad-Litem of the Estate of
Clifton B. Graham, deceased, and the
Estate of Ward G. Wilson, deceased

Court:TCA

Attorneys:

JOHN T. MILBURN ROGERS and KENNETH N. BAILEY, JR., ROGERS, LAUGHLIN,
NUNNALLY, HOOD & CRUM, P.C., Greeneville, for Appellant.

ROBERT D. ARNOLD, ARNOLD, HAYNES & SANDERS, Johnson City, for
Appellee.


Judge:FRANKS

First Paragraph:

This is a Rule 9, T.R.A.P. Appeal, which arises from an automobile
accident that occurred on October 2, 1991.  Plaintiff Joel J. Troy was
involved in a collision with a truck owned by defendant, Ward Wilson,
and driven by defendant Clifton Graham.

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

AMY TYLER
VS.
LARRY MORGAN, d/b/a LARRY   
MORGAN CONST. COMPANY,      
UNITED CITIES GAS CO., ROGER P. 
DYE, d/b/a ROGER DYE CONST. 
CO., MURRAY TATUM, QUAD 
STATES, INC.

WITH DISSENT

Court:TCA

Attorneys:  

WILLIAM B. BRADLEY
BARRY GARDNER
Brentwood, Tennessee
Attorneys for Appellant

DOUGLAS FISHER
HOWELL & FISHER, PLLC
Nashville, Tennessee
Attorney for Appellees Larry Morgan 
d/b/a Larry Morgan Const. Co. And
United Cities Gas Co.

JAMES D. KAY, JR.
BRIDGETT A. WOHLPART
Nashville, Tennessee
Attorneys for Appellee Roger P. Dye
d/b/a Roger P. Dye Const. Co.

KENT E. KRAUSE
SHARON E. ENGLAND
BREWER, KRAUSE & BROOKS
Nashville, Tennessee
Attorneys for Appellees Murray Tatum
and Quad States, Inc.                        

Judge:HIGHERS

First Paragraph:

In this personal injury action, Plaintiff Amy Tyler appeals the trial
court's final order entering summary judgment in favor of the
Defendants/Appellees and dismissing Tyler's complaint.  For the
reasons hereinafter stated, we affirm the trial court's judgment.

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


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

EMMA JEAN BILBREY
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:      FOR THE APPELLEE:

STEVEN C. DOUGLAS       JOHN KNOX WALKUP
P.O. Box 422            Attorney General and Reporter
Crossville, TN 38557
                        ELLEN H. POLLACK
                        Assistant Attorney General
                        425 5th Avenue North
                        Nashville, TN 37243

                        BILL GIBSON
                        District Attorney General

                        DAVID PATTERSON
                        Assistant District Attorney General
                        145 S. Jefferson Avenue
                        Cookeville, TN 38501                        

Judge:WELLES

First Paragraph:

The Defendant, Emma Jean Bilbrey, appeals the trial court's denial of
post-conviction relief pursuant to Tennessee Rule of Appellate
Procedure 3(b).  She asserts that her convictions for first degree
murder and theft of property less than $500 should be reversed because
she received ineffective assistance of counsel at trial in violation
of her Sixth Amendment right to counsel.  We affirm the judgment of
the trial court.

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

STATE OF TENNESSEE
VS.
KENNETH PAUL GODWIN

Court:TCCA

Attorneys:  

FOR THE APPELLANT:          FOR THE APPELLEE:

SHAWN G. GRAHAM             JOHN KNOX WALKUP
Assistant Public Defender   Attorney General and Reporter
419 High Street
Maryville, TN  37804        ELLEN H. POLLACK
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN  37243

                            MIKE FLYNN
                            District Attorney General

                            EDWARD P. BAILEY, JR.
                            Assistant District Attorney
                            363 Court Street
                            Maryville, TN  37804    
                        

Judge:SMITH

First Paragraph:

On August 1, 1989 Appellant, Kenneth Paul Godwin, pleaded guilty in
the Blount County Circuit Court to robbery.  As a Range I standard
offender he was sentenced to nine years probation to begin
immediately.  In 1990, Appellant moved to Knox County and his
probation was transferred to the Knox County Office of the Tennessee
Department of Correction for purposes of supervision. In 1991,
Appellant was convicted, in Knox County of: one count of armed
robbery, two counts of aggravated kidnapping, one count of grand
larceny, and one count of larceny by trick.  For these offenses in
Knox County, Appellant was placed into the Community Corrections
Program in Knox County.  In 1992 supervision of the Appellant's
probation for the Blount County conviction was transferred from the
Tennessee Department of Correction to the Community Corrections
Program in Knox County.  On November 4, 1996, following issuance of a
probation violation warrant, Appellant stipulated that he had in fact
violated his probation.   On November 5, 1996, an order was entered in
the Blount County Circuit Court revoking appellant's probation. 
Appellant was ordered to serve the balance of his Blount County
sentence.

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

STATE OF TENNESSEE
VS.
RAYMOND GRAY

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

THOMAS E. KIMBALL           JOHN KNOX WALKUP
110 Washington Ave, N.E.    Attorney General and Reporter
Athens, TN  37303
                            ROBIN L. HARRIS
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN  37243

                            JERRY N. ESTES
                            District Attorney General

                            SANDRA DONAGHY
                            Assistant District Attorney
                            P. O. Box 647
                            Athens, TN  37303                         

Judge:SMITH

First Paragraph:

A McMinn County Criminal Court jury found Appellant Raymond Gray
guilty of aggravated sexual battery and rape of a child. Appellant was
sentenced as a Range one standard offender to ten years for the
aggravated sexual battery conviction and to eighteen years for the
rape conviction. In this appeal, Appellant presents the following
issues:

(1) whether the trial court erred in refusing to sever the two counts
of the indictment; (2) whether the evidence presented was sufficient
to support the verdict of the jury beyond a reasonable doubt; (3)
whether the trial court erred in prohibiting the defense from calling
witness Tommy Buckner; and (4) whether the sentence imposed is
excessive.

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

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

STATE OF TENNESSEE
VS.
GERALD V. KESSLER

Court:TCCA

Attorneys:  

FOR THE APPELLANT:          FOR THE APPELLEE:
    

JOE COSTNER                 JOHN KNOX WALKUP
315 High St.                Attorney General & Reporter
Maryville, TN 37804
                            ELIZABETH B. MARNEY
                            Asst. Attorney General
                            425 Fifth Ave., North
                            2nd Floor, Cordell Hull Bldg.
                            Nashville, TN 37243-0493
                    
                            MICHAEL L. FLYNN
                            District Attorney General
            
                            MS. KIRK ANDREWS
                            Asst. District Attorney General
                            Blount County Courthouse
                            363 Court St.
                            Maryville, TN 37804-5906                                

Judge:PEAY

First Paragraph:

On July 28, 1998, the defendant pled guilty to statutory rape and,
pursuant to a plea bargain agreement, received a sentence of one year
as a Range I standard offender.  On September 12, 1997, the trial
court held a sentencing hearing and sentenced the defendant to serve
three months of his sentence in custody under a work release program
and nine months on probation.  The defendant now appeals this
sentence.

After a review of the record and the applicable law, we affirm the
defendant's sentence.

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

TERRY NICHOLS
VS.
HOWARD CARLTON, WARDEN

Court:TCCA

Attorneys:    

FOR THE APPELLANT:          FOR THE APPELLEE:

TERRY NICHOLS               JOHN KNOX WALKUP
Pro Se                      Attorney General and Reporter
N.E.C.C.
P.O. Box 5000               MICHAEL J. FAHEY, II
Mountain City, TN 37683     Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243

                            DAVID CROCKETT
                            District Attorney General
                            Route 19, Box 99
                            Johnson City, TN 37601                      

Judge:WELLES

First Paragraph:

The Defendant, Terry Nichols, appeals the trial court's dismissal of
his petition for habeas corpus relief.  Defendant filed his petition
with the Criminal Court for Johnson County on December 1, 1997, and he
filed an amended petition on January 1, 1998.  The petition alleges
primarily ineffective assistance of counsel at his trial for
aggravated rape in 1980.  The trial court dismissed his petition on
January 18, 1998 for failure to state a claim upon which relief can be
granted.  We agree that the petition must be dismissed, and we
therefore affirm the decision of the trial court.

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

RAYMOND WRIGHT
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:          For the Appellee:

Robert N. Meeks             John Knox Walkup        
P.O. Box 8086               Attorney General of Tennessee
Chattanooga, TN 37414               and             
                            Todd R. Kelley
                            Assistant Attorney General of Tennessee
                            425 Fifth Avenue North      
                            Nashville, TN 37243-0493

                            William H. Cox, III
                            District Attorney General
                                and
                            C. Leland Davis
                            Assistant District Attorney General
                            600 Market Street, Suite 310
                            Chattanooga, TN 37402                        

Judge:TIPTON

First Paragraph:

The petitioner, Raymond Wright, appeals as of right from the judgment
of the Hamilton County Criminal Court denying him post-conviction
relief.  He was convicted in January 1993 upon his guilty plea to
second degree murder, a Class A felony.  Pursuant to his plea
agreement, he was sentenced as a Range III, standard offender to fifty
years confinement to be served in the Department of Correction.  He
contends that he received the ineffective assistance of counsel
resulting in an unknowing and involuntary guilty plea.  We disagree.

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


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