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January 28, 1999
Volume 5 -- Number 014
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.
| 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 |
| 00 | New Opinion(s) from the Tennessee Court of Appeals |
| 05 | 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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Click the URL at end of each Opinion paragraph below. This option will allow you to download the original WordPerfect 6.0 document.
Lucian T. Pera
Editor-in-Chief, TBALink
STATE OF TENNESSEE
VS.
PATRICIA BOHNENSTIEHL
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DAVID W. WEBB JOHN KNOX WALKUP
1415 Middle Creek Road Attorney General and Reporter
Sevierville, TN 37862
MICHAEL J. FAHEY, II
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
AL SCHMUTZER, JR.
District Attorney General
CHUCK ATCHLEY
Assistant District Attorney
Sevier County Courthouse
Sevierville, TN 37862
Judge:SMITH
First Paragraph:
On October 15, 1997, Appellant Patricia Bohnenstiehl pleaded guilty to
one count of theft of property worth more than $10,000. Appellant's
agreement with the State involved a suspended sentence of six years
with supervised probation and it allowed Appellant to request judicial
diversion. On November 18, 1997, the trial court denied Appellant's
request for judicial diversion. Appellant challenges that denial.
After a review of the record, we affirm the judgment of the trial
court.
http://www.tba.org/tba_files/TCCA/Bohnenpa_opn.WP6
ROGER HARRIS
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Jeffery Craig Kelly John Knox Walkup
Assistant Public Defender Attorney General & Reporter
142 East Market Street 425 Fifth Avenue, North
P. O. Box 996 Nashville, TN 37243-0493
Johnson City, TN 37605
Ellen H. Pollack
Assistant Attorney General
425 Fifth Avenue, North
Nashville, TN 37243-0493
David E. Crockett
District Attorney General
Route 19, Box 99
Johnson City, TN 37601
Kent W. Garland
Assistant District Attorney General
Unicoi County Courthouse
Erwin, TN 37650
Judge:LAFFERTY
First Paragraph:
The appellant, Roger Harris, appeals pursuant to Rule 10, Tenn. R.
App. P., from an order of the trial court ordering the appellant's
family to pay $500 to the Unicoi County Public Defender before
allowing substitution of counsel. The state agrees the trial court
erred in ordering such payment. After a review of the record in this
cause, briefs of the parties, and appropriate law, we agree. The trial
court's order is reversed, and the cause is remanded for consideration
of substitution of private counsel without requiring the appellant's
family to pay $500 to the Public Defender.
http://www.tba.org/tba_files/TCCA/Harrisr_opn.WP6
STATE OF TENNESSEE
VS.
MICHAEL DEAN TATE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Darryl W. Humphrey John Knox Walkup
P. O. Box 665 Attorney General & Reporter
Knoxville, TN 37914 425 Fifth Avenue North
Nashville, TN 37243-0493
Todd R. Kelley
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
400 Main Street
Knoxville, TN 37901
Paula R. Gentry
Assistant District Attorney General
400 Main Street
Knoxville, TN 37901
Judge:LAFFERTY
First Paragraph:
The appellant, Michael Dean Tate, referred herein as the defendant,
appeals as of right from the sentence imposed by the Knox County
Criminal Court, following entry of his guilty pleas to sale of cocaine
not exceeding one-half gram and possession of cocaine not exceeding
one-half gram with the intent to sell. After a sentencing hearing, the
trial court imposed fines of $2,000 for each offense and sentenced the
defendant to six years for each offense to be served consecutively in
the Department of Correction.
http://www.tba.org/tba_files/TCCA/Tatemd_opn.WP6
AARON JERMAINE WALKER
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
STEPHEN M. GOLDSTEIN JOHN KNOX WALKUP
314 Vine Street Attorney General and Reporter
Chattanooga, TN 37403
MICHAEL J. FAHEY, II
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
BILL COX
District Attorney General
BATES BRYAN, JR.
Assistant District Attorney General
Courts Building
600 Market Street
Chattanooga, TN 37402
Judge:WELLES
First Paragraph:
The Defendant, Aaron Jermaine Walker, appeals the denial of his
petition for post-conviction relief by the Criminal Court for Hamilton
County. Defendant asserts that he suffered ineffective assistance of
counsel at trial and that this alleged ineffective assistance
prejudiced him in several respects.
http://www.tba.org/tba_files/TCCA/Walkeraj_opn.WP6
RONALD DEE WATT
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
KENNETH F. IRVINE, JR. JOHN KNOX WALKUP
606 W. Main Street, Suite 350 Attorney General and Reporter
Knoxville, TN 37901-0084
MICHAEL J. FAHEY, II
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
CHARLES E. HAWK
District Attorney General
ROGER DELP
Assistant District Attorney General
P.O. Box 703
Kingston, TN 37763
Judge:WELLES
First Paragraph:
The Defendant, Ronald Dee Watt, appeals as of right from the Roane
County Criminal Court's dismissal of his petition for habeas corpus
relief. The issue on appeal is whether the trial court erred by
summarily dismissing the petition without appointing counsel or
conducting an evidentiary hearing. We reverse the order dismissing
the petition and remand this case for further proceedings.
http://www.tba.org/tba_files/TCCA/Wattrd_opn.WP6
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