December 31, 1998
Volume 4 -- Number 186

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink 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' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
08 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

KENNETH CULBERT
VS.
CARTER COUNTY, TENNESSEE

Court:TCA

Attorneys:  

LOIS B. SHULTS OF ERWIN FOR APPELLANT

GEORGE F. DUGGER, JR., OF ELIZABETHTON; JAMES H. EPPS, III, OF JOHNSON
CITY; ROBERT L. ARRINGTON and ANGELA R. KELLEY OF KINGSPORT FOR
APPELLEES

Judge:GODDARD

First Paragraph:

The appellant, Mr. Kenneth Culbert, appeals from an order of the
Circuit Court of Carter County granting Carter County's motion to
dismiss or for summary judgment of Mr. Culbert's appeal of a decision
of the Carter County Planning Commission by a writ of certiorari.

http://www.tba.org/tba_files/TCA/culbertk_opn.WP6



ESTATE OF SHIRLEY J. DANNENHOLD VS. CARTER MILLER, JR., M.D. and BRUCE BELLOMY, M.D. CORRECTED OPINION (p.8) (Filed-11/17/98) Court:TCA Attorneys: DONNA KEENE HOLT OF KNOXVILLE FOR APPELLANT EDWARD G. WHITE, II, and AMY V. HOLLARS OF KNOXVILLE FOR APPELLEES Judge:GODDARD First Paragraph: In this cause Shirley J. Dannenhold sues Knoxville Pathology Group, Carter Miller, Jr., M.D., and Bruce Bellomy, M. D., for medical malpractice incident to the misreading of a 1993 pap smear by Louise Geldmeier, who inaccurately issued a negative report rather than a positive one. http://www.tba.org/tba_files/TCA/dannenhs_opn.WP6
KEVIN LAVELL ABSTON VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: KEVIN LAVELL ABSTON, Pro Se JOHN KNOX WALKUP Lauderdale Co. Correctional Complex Attorney General & Reporter Site #1 P.O. Box 1000 DOUGLAS D. HIMES Henning, TN 38041-1000 Asst. Attorney General 425 Fifth Ave., North Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General JOHNNY R. McFARLAND Asst. District Attorney General 201 Poplar Ave., Suite 301 Memphis, TN 38103-1947 Judge:PEAY First Paragraph: On November 17, 1989, the petitioner pled guilty to sixteen counts of robbery with the use of a deadly weapon and was sentenced to fifty years in prison. The petitioner did not directly appeal these convictions. However, on June 1, 1998, the petitioner filed sixteen pro se petitions for post-conviction relief alleging that his convictions were illegal, that his sentence was illegal, that the petitioner was denied the effective assistance of counsel, and that his guilty pleas were not knowing and voluntary. On June 26, 1998, the post-conviction court dismissed the petitions on the ground that they were barred by the applicable statute of limitations. The petitioner now appeals and argues that the post-conviction court erred when it dismissed his petitions for post-conviction relief. http://www.tba.org/tba_files/TCCA/abstonkl_opn.WP6
STATE OF TENNESSEE VS. BENJAMIN BLACKWELL, JR. Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Ms. Jan R. Patterson John Knox Walkup 225 West Baltimore Attorney General & Reporter Suite B 425 Fifth Avenue, North Jackson, TN 38301 Nashville, TN 37243-0493 (On Appeal) Elizabeth T. Ryan George Morton Googe Assistant Attorney General District Public Defender 425 Fifth Avenue, North 227 West Baltimore Nashville, TN 37243-0493 Jackson, TN 38301 (At Trial) James G. Woodall District Attorney General Daniel J. Taylor 225 Martin Luther King Drive Assistant Public Defender Jackson, TN 38301 227 West Baltimore Jackson, TN 38301 Donald H. Allen (At Trial) Assistant District Attorney General 225 Martin Luther King Drive Jackson, TN 38301 Judge:LAFFERTY First Paragraph: The appellant, Benjamin Blackwell, Jr., herein referred to as the defendant, appeals as of right from a judgment of the Madison County Circuit Court wherein a jury found the defendant guilty of murder second degree. In accordance with the jury's verdict, the trial court sentenced the defendant to 18 years in the Department of Correction. http://www.tba.org/tba_files/TCCA/blckwelb_opn.WP6
STATE OF TENNESSEE VS. MARCELLOUS BOND Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DANIEL J. TAYLOR JOHN KNOX WALKUP Assistant Public Defender Attorney General and Reporter 26th Judicial District 227 West Baltimore Street GEORGIA BLYTHE FELNER Jackson, Tn 38301 Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 CLINTON J. MORGAN Counsel for the State 425 Fifth Avenue North Cordell Hull Building, Second Floor Nashville, TN 37243-0493 JERRY WOODALL District Attorney General NICK NICOLA Assistant District Attorney P. O. Box 2825 Jackson, TN 38301 Judge:SMITH First Paragraph: On January 13, 1993 a Madison County jury found Appellant, Marcellous Bond guilty of the sale and delivery of cocaine and fined him $5,000.00 on each count. The trial court sentenced Appellant on February 9, 1993 to an agreed sentence of 30 years as a Range III, persistent offender. Appellant filed a Petition for Post-Conviction Relief on June 11, 1993, alleging ineffective assistance of counsel and failure of counsel to file an appeal. The trial court denied the petition on August 9, 1994. Appellant appealed and this Court remanded the case to the trial court for a hearing with additional evidence on the issues of (1) ineffective assistance of counsel, and (2) whether Appellant waived his right to appeal the jury verdict. The trial court held a hearing on November 22, 1996 and December 13, 1996, and denied the petition for post-conviction relief on the grounds of ineffective counsel at trial, but granted Appellant a delayed appeal. Appellant filed a motion for a new trial on January 9, 1997, which was amended on September 10, 1997. The motion was overruled after a hearing on September 12, 1997. Appellant appeals from that decision from the trial court as well as from the trial court's denial of relief on the allegation of ineffective counsel. This Court, in the interest of judicial ecomony, sua sponte, consolidated Appellant's appeals on July 8, 1998. http://www.tba.org/tba_files/TCCA/bondmarc_opn.WP6
CEDRIC LAFONTE FRANKLIN VS. STATE OF TENNESSEE ORDER Court:TCCA Judge:RILEY First Paragraph: This matter is before the Court upon motion of the state to affirm the judgment of the trial court by order rather than formal opinion. See Rule 20, Rules of the Court of Criminal Appeals. This case represents an appeal from the trial court's dismissal of the petitioner's petition for writ of habeas corpus. On August 3, 1993, the petitioner was indicted on one count of first degree murder, one count of first degree felony murder, and one count of especially aggravated robbery. On January 21, 1994, the petitioner pled guilty to second degree murder and especially aggravated robbery. No appeal was taken. In his present petition, the petitioner claims that his conviction for second degree murder is void because second degree murder is not a lesser included offense of felony murder. The trial court found the petitioner was not entitled to habeas corpus relief and dismissed the petition. http://www.tba.org/tba_files/TCCA/franklin_ord.WP6
ARNETT MCNEAL VS. STATE OF TENNESSEE ORDER Court:TCCA Judge:RILEY First Paragraph: This matter is before the Court upon the state's motion to affirm the trial court judgment by order pursuant to Rule 20, Rules of the Court of Criminal Appeals. This case represents an appeal from the dismissal of the petitioner's petition for post-conviction relief. On February 17, 1989, the petitioner pled guilty to aggravated kidnapping, aggravated rape and two counts of robbery with a deadly weapon. It also appears that on May 25, 1989, the petitioner pled guilty to grand larceny and four counts of armed robbery. No appeal was taken from these convictions. On June 10, 1998, the petitioner filed a petition for post-conviction attacking the validity of his guilty pleas. Finding that the statute of limitations had expired, the trial court dismissed the petition without a hearing. http://www.tba.org/tba_files/TCCA/mcneal_ord.WP6
STATE OF TENNESSEE VS. DWIGHT MILLER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: THOMAS W. CRIDER JOHN KNOX WALKUP District Public Defender Attorney General & Reporter J. DIANE STOOTS PETER M. COUGHLAN WILLIAM D. BOWEN Asst. Attorney General Asst. Dist. Public Defenders 425 Fifth Ave. N., 2d Floor 107 S. Court Square Nashville, TN 37243-0493 Trenton, TN 38382 CLAYBURN L. PEEPLES District Attorney General LARRY HARDISTER GARRY BROWN Asst. District Attorneys General 110 College St., Ste. 200 Trenton, TN 38382 Judge:WITT First Paragraph: The defendant, Dwight Miller, appeals from the conviction of first degree murder he received at the conclusion of a jury trial in the Haywood County Circuit Court. Miller is presently serving a life sentence in the Department of Correction for his crime. http://www.tba.org/tba_files/TCCA/millerd_opn.WP6
STATE OF TENNESSEE VS. EDWARD LEE MOONEY, SR. Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: PATRICK MARTIN JOHN KNOX WALKUP D. TYLER KELLY Attorney General and Reporter 213 E. Lafayette St. Jackson, TN 38301 CHARLOTTE H. RAPPUHN Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 JERRY WOODALL District Attorney General DON ALLEN Assistant District Attorney P. O. Box 2825 Jackson, TN 38301 Judge:SMITH First Paragraph: On September 28, 1994, a Madison County jury convicted Appellant, Edward Lee Mooney, Sr., of two counts of attempted first degree murder and one count of possession of a deadly weapon with intent to employ it in the commission of an offense. On November 8, 1994, the trial court sentenced Appellant as a Range I standard offender to concurrent sentences of twenty-five, twenty-two, and two years. http://www.tba.org/tba_files/TCCA/mooneyed_opn.WP6
STATE OF TENNESSEE VS. KIMBERLY WILLIAMS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: EDWARD G. THOMPSON JOHN KNOX WALKUP Assistant Public Defender Attorney General and Reporter 200 Jefferson, Suite 725 Memphis, TN 38103 MARVIN E. CLEMENTS, JR. Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 WILLIAM L. GIBBONS District Attorney General JERRY R. KITCHEN DANIEL S. BYER District Attorney General 201 Poplar Street Memphis, TN 38103 Judge:SMITH First Paragraph: On February 27, 1997, a Shelby County jury convicted Appellant Kimberly Williams of first degree murder, especially aggravated kidnapping, aggravated robbery, attempted aggravated robbery, two counts of aggravated assault, and two counts of aggravated burglary. Following a sentencing hearing on March 17 and 26, 1997, the trial court imposed a total sentence of life imprisonment plus twenty-three years. http://www.tba.org/tba_files/TCCA/williaki_opn.WP6

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