TBALink Opinion-Flash

December 14, 1998 -- Volume 4 -- Number 179

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):
01-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
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



STEVE MADDOX
VS.
INSURANCE COMPANY OF PENNSYLVANIA AND SECOND INJURY FUND

JUDGMENT ORDER

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.

Whereupon, it appears to the Court that the Memorandum Opinion of the
Panel should be accepted and approved; and ...

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

CARLTON AGIB BLESSING,  Deceased
LAURA EMILY 
BLESSING WARD
VS.
JOHN O. BLESSING, ET UX, AND SARAH L. JONES

Court:TCA

Attorneys:  

THOMAS E. WATTS, JR.
201 4th Avenue North, Suite 1260
P. O. Box 198494
Nashville, Tennessee  37219
    ATTORNEY FOR APPELLANT

VESTER NEAL AGEE, SR.
Agee & Agee
104 _ Public Square
P. O. Box 649
Lebanon, Tennessee  37088-0649
    ATTORNEY FOR APPELLEES                        

Judge:CAIN

First Paragraph:

This case involves a family dispute over conservatorship for an
elderly gentleman, now deceased.

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

ERIC KYLE DURHAM
VS.
MISTY DAWN DURHAM

Court:TCA

Attorneys:      

HANK HILL
HANK HILL & ASSOCIATES, 
  ATTORNEYS, P.C.
701 Cherry Street, Suite 200
Chattanooga, Tennessee 37402
    Attorney for Plaintiff/Appellee

PHILLIP A. NOBLETT
NELSON, McMAHAN & NOBLETT
400 Pioneer Bank Building
Chattanooga, Tennessee 37402
    Attorney for Defendant/Appellant
                    
Judge:CANTRELL

First Paragraph:

The only issue raised in this appeal is whether the trial judge's
award of custody to the father can stand without "appropriate findings
of facts in accordance with Tenn. Code Ann. S 36-6-106."  We affirm
the lower court's order.

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

STATE OF TENNESSEE
VS.
HOUSTON GRADY CHAPMAN

O R D E R

Court:TCCA

Judge:SMITH

First Paragraph:

This matter is before the Court upon the state's motion requesting
that the judgment in the above-styled cause be affirmed pursuant to
Rule 20, Tennessee Court of Criminal Appeals Rules.  Upon reviewing
the record, the appellant's brief, and the state's motion, we find
that it is an appropriate matter for affirmance under Rule 20.

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

CHRISTOPHER D. CHATMAN
VS.
STATE OF TENNESSEE

O R D E R

Court:TCCA

Judge:RILEY

First Paragraph:

Appellant, CHRISTOPHER D. CHATMAN, appeals the denial of his petition
for post-conviction relief.  On November 30, 1995, appellant pled
guilty to the Class C felony of selling cocaine and received a Range
II, multiple offender sentence of eight years.  To avoid resentencing
on three cases for which he was serving an effective twelve-year
sentence on Community Corrections, he admitted his Community
Corrections violation.  Pursuant to the plea agreement, the eight-year
sentence was ordered to run consecutively to the twelve-year sentence
for an effective twenty-year sentence.

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

STATE OF TENNESSEE
VS.
ANTHONY HODGES

Court:TCCA

Attorneys:  

FOR THE APPELLANT:              FOR THE APPELLEE:

JEFFREY A. DeVASHER             JOHN KNOX WALKUP
Assistant Public Defender       Attorney General & Reporter
(On Appeal)
                                KENNETH W. RUCKER
KARL F. DEAN                    Assistant Attorney General
Metro Public Defender           425 Fifth Avenue North
(At Trial)                      Nashville, TN 37243

RICHARD TENNENT                 VICTOR S. JOHNSON
Assistant Public Defender       District Attorney General
(At Trial)  
                                BILL REED & LILA STATOM
1202 Stahlman Building          Assistant District Attorneys
Nashville, TN 37201             General
                                Washington Square, Suite 500
                                222 Second Avenue North
                                Nashville, TN 37201                        

Judge:WELLES

First Paragraph:

The Defendant, Anthony Hodges, pursuant to Tennessee Rule of Appellate
Procedure 3(b), appeals his convictions and sentences for first degree
felony murder and aggravated child abuse.  We affirm both the
convictions and sentences.

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

WILLIAM JONES
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:   

FOR THE APPELLANT:          FOR THE APPELLEE:

Gregory D. Smith            John Knox Walkup
One Public Square           Attorney General & Reporter
Suite 321                   425 Fifth Avenue, North
Clarksville, TN  37040      Nashville, TN  37243-0493

                            Kim R. Helper
                            Assistant Attorney General
                            425 Fifth Avenue, North
                            Nashville, TN  37243-0493
                       

Judge:LAFFERTY

First Paragraph:

The appellant, William Jones, appeals as of right from the summary
dismissal of his petition for a writ of habeas corpus by the Davidson
County Criminal Court.  The petitioner alleges in his petition that
his sentence of thirty years is illegal and void in that the jury
sentenced the appellant to confinement without the possibility of
parole for the offense of kidnapping, not kidnapping for robbery. 
After a review of the entire record, the history of this petition, the
briefs of all parties, and applicable law, we affirm the trial court's
dismissal.

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

GARY PHELPS
VS.
DAVID MILLS, Warden

O R D E R

Court:TCCA

Judge:RILEY

First Paragraph:

Appellant, GARY PHELPS, appeals the trial court's summary dismissal of
his petition for writ of habeas corpus.  Appellant claims his
indictment for aggravated rape and aggravated sexual battery was void
for failing to set forth the requisite mens rea for each offense.

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

STATE OF TENNESSEE
VS.
KEITH LAMONT SMITH

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

Hershell D. Koger           John Knox Walkup
Attorney at Law             Attorney General & Reporter 
131 North First Street
P.O. Box 1148               Elizabeth B. Marney
Pulaski, TN 38478           Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243-0493

                            Mike Bottoms
                            District Attorney General

                            Stella Hargrove
                            Richard Dunavant
                            Assistant District Attorneys General
                            P.O. Box 304 
                            Pulaski, TN 38478                                 

Judge:SUMMERS

First Paragraph:

While serving probation for an unrelated prior offense, the appellant,
Keith Lamont Smith, was convicted of burglary by a jury of the Giles
County Circuit Court.  He was sentenced as a persistent offender to
the Range III maximum of twelve years' confinement, with his sentence
to run consecutively to any revocation of his probation.  On this
appeal as of right, the appellant argues that his sentence is
excessive and that the trial court erred in ordering consecutive
sentencing.  Finding no reversible error, we affirm the judgment of
the trial court.

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

STATE OF TENNESSEE
VS.
JOHN WILLIE STONE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:              FOR THE APPELLEE:

Andrew Jackson Dearing, III     John Knox Walkup
P. O. Box 761                   Attorney General & Reporter
Shelbyville, TN  37162          425 Fifth Avenue North
                                Nashville, TN  37243-0493

                                Daryl J. Brand
                                Assistant Attorney General
                                425 Fifth Avenue North
                                Nashville, TN  37243-0493

                                William M. McCown
                                District Attorney General
                                215 East College
                                Fayetteville, TN  37334-0878

                                Robert G. Crigler
                                Assistant District Attorney General
                                215 East College
                                Fayetteville, TN  37334-0878                        

Judge:LAFFERTY

First Paragraph:

The appellant, John Willie Stone, referred herein as the defendant,
appeals as of right from a judgment entered by the Bedford County
Criminal Court as a result of a jury finding him guilty of aggravated
burglary and theft of property over $1,000.  Following a sentencing
hearing, the trial court imposed Range II sentences of  ten years for
the aggravated burglary and eight years for the theft conviction to be
served concurrently in the Department of Correction.  These sentences
were ordered to run consecutively to Bedford County Circuit Cause No.
12810.  The defendant raises three issues for appellate review:

1.  Whether the evidence adduced at trial was sufficient as a matter
of law to sustain the verdict of guilty beyond a reasonable doubt for
the conviction of aggravated burglary and theft of property over
$1,000.

2.  Whether the trial court erred in denying the defendant's motion
for judgment of acquittal at the close of the state's proof.

3.  Whether the trial court erred in allowing the defendant's
statement to be introduced in trial numbers 2 and 3.

After a review of the entire record, briefs of all parties, and the
applicable law, we affirm the trial court's judgment.

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


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