February 2, 1999
Volume 5 -- Number 015

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):
06 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
13 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




For Appellant:              For Appellee:

KARL DEAN                   JOHN KNOX WALKUP
Public Defender             Attorney General and Reporter
Assistant Public Defender   Solicitor General

Assistant Public Defender   Associate Solicitor General
                            Nashville, TN
Assistant Public Defender   VICTOR S. JOHNSON, III
Nashville, TN               District Attorney General

                            WILLIAM R. REED
                            Assistant District Attorney General
                            Nashville, TN                         


First Paragraph:

The defendant, William Henry Barney, was convicted of eleven counts of
rape of a child and seven counts of aggravated sexual battery.  He is
currently serving a total effective sentence of eighty years.  Upon
the Court of Criminal Appeals's affirmance of these judgments, the
defendant filed an application for permission to appeal to this Court.
 We granted the application in order to determine whether the language
of the indictment was sufficient under State v. Hill, 954 S.W.2d 725
(Tenn. 1997), and to determine whether the multiple convictions for
rape of a child and aggravated sexual battery violate the
constitutional principles of due process or double jeopardy.  We
conclude that the indictment is sufficient under Hill.  In addition,
we conclude that, under the facts and circumstances of this case,
multiple convictions for rape of a child and aggravated sexual battery
are justified and do not violate the constitutional principles of due
process or double jeopardy.


STATE OF TENNESSEE VS. PRESTON CARTER Court:TSC Attorneys: FOR APPELLANT: FOR APPELLEE: Glenn I. Wright John Knox Walkup Memphis Attorney General and Reporter Thomas F. Bloom Michael E. Moore Nashville Solicitor General Amy L. Tarkington FOR AMICUS CURIAE TENNESSEE Assistant Attorney General ASSOCIATION OF CRIMINAL Nashville DEFENSE LAWYERS: W. Mark Ward Memphis Judge:HOLDER First Paragraph: In this capital case, the defendant, Preston Carter, pled guilty and was convicted on two counts of felony murder. A jury sentenced him to death on both counts, finding that the murders of Thomas and Tensia Jackson were especially heinous, atrocious, and cruel. Tenn. Code Ann. S 39-2-203(i)(5). The jury imposed sentences of death based upon the presence of this sole aggravating circumstance. http://www.tba.org/tba_files/TSC/Carterpr_opn.WP6
IN RE ESTATE OF FOSTER HUME, III THE UNIVERSITY OF THE SOUTH VS. MEREDITH KLANK Court:TSC Attorneys: For Appellant: For Appellee: J. Richard Lodge, Jr. Norman Gillis E. Clifton Knowles Nashville, Tennessee Bass, Berry & Sims, PLC Nashville, Tennessee John Drummond Nashville, Tennessee Judge:ANDERSON First Paragraph: We granted this appeal to determine whether the probate rule of ademption by extinction applies to the specific bequest of a house, where the house is sold at foreclosure before the testator's death and sales proceeds representing the testator's interest are identifiable after his death. http://www.tba.org/tba_files/TSC/Humeesta_opn.WP6
STATE OF TENNESSEE VS. KRISTINA SCHINDLER Court:TSC Attorneys: FOR APPELLANT: FOR APPELLEE: MARK E. STEPHENS JOHN KNOX WALKUP DISTRICT PUBLIC DEFENDER ATTORNEY GENERAL & REPORTER PAULA R. VOSS MICHAEL E. MOORE ASSISTANT PUBLIC DEFENDER SOLICITOR GENERAL Knoxville PETER M. COUGHLAN ASSISTANT ATTORNEY GENERAL Nashville Judge:HOLDER First Paragraph: We granted this appeal to address whether a trial court can consider prior grants of diversion or previously expunged offenses in determining a defendant's suitability for diversion. In the case now before us, the trial court denied the defendant's request for judicial diversion because the defendant had previously been placed on diversion on two different occasions. The appellate court affirmed the trial court's decision to deny the defendant's application for judicial diversion. Upon review, we hold that evidence of prior diversions may be considered in determining whether a defendant is a suitable candidate for diversion. http://www.tba.org/tba_files/TSC/Schindlk_opn.WP6
STATE OF TENNESSEE VS. GERALD ROBERT STEVENS, LAURIE ANN WILLIAMS and JAMES DARREN BROTHERS Court:TSC Attorneys: For Appellants, For Appellee: Stevens & Williams: John Knox Walkup David H. Hornik Attorney General & Reporter Nashville, Tennessee Michael E. Moore For Appellant, Brothers: Solicitor General Eric D. Kinsolving Old Hickory, Tennessee Kathy Morante Deputy Attorney General Nashville, Tennessee At Trial: Robert G. Radford District Attorney General Vicki Snyder Assistant District Attorney General Huntingdon, Tennessee Judge:ANDERSON First Paragraph: We granted this appeal to determine whether a conclusory allegation in an affidavit that information was provided by a "concerned citizen source" is sufficient to establish the presumptive reliability of the information for the issuance of a search warrant under the Fourth Amendment to the United States Constitution and Article I, S 7 of the Tennessee Constitution. http://www.tba.org/tba_files/TSC/Stevensg_opn.WP6
CHARLES WALTON WRIGHT VS. STATE OF TENNESSEE Court:TSC Attorneys: For Appellant: For Appellee: Donald E. Dawson John Knox Walkup Post-Conviction Defender Attorney General & Reporter Nashville, Tennessee Michael E. Moore Solicitor General Amy L. Tarkington Assistant Attorney General Nashville, Tennessee At Trial: Victor S. Johnson District Attorney General John Zimmerman Assistant District Attorney Nashville, Tennessee Judge:ANDERSON First Paragraph: We granted this appeal to determine whether the appellant's due process rights were violated when the lower courts dismissed his post conviction petition as time-barred by the three-year statute of limitations since the asserted violation of Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963), did not arise until after expiration of the three-year statute of limitations. http://www.tba.org/tba_files/TSC/Wrightcw_opn.WP6
FIRST CITIZENS BANK OF CLEVELAND VS CAROL CROSS and MARYLAND ASSURANCE COMPANY OF AMERICA vs LARRY McSPADDEN, Individually and employee/agent for First Citizens Bank of Cleveland Court:TCA Attorneys: RICHARD A. FISHER, Logan, Thompson, Miller, Bilbo, Thompson & Fisher, P.C., Cleveland, for Appellant, Carol Cross. ROGER E. JENNE, Jenne, Scott & Jenne, Cleveland, for First Citizens Bank of Cleveland and Larry McSpadden. MICHAEL P. MILLS, Mills & Cooper, Nashville, for Maryland Assurance Company of America. Judge:MCMURRAY First Paragraph: In its simplest terms, this case originated as a suit on promissory notes executed by the defendant, Cross (Cross), in favor of the plaintiff, First Citizens Bank of Cleveland (the bank) and secured by deeds of trust on real property owned by Cross. Collateral issues relate to the liability of the defendant, Maryland Assurance Company of America (Maryland) for monies alleged to be due under a policy of insurance insuring the properties which were subject to the deeds of trust. To the complaint, the defendant, Cross, responded with an answer, counterclaim and third-party complaint and therein demanded a jury to try the issues joined. The counterclaim and third-party complaint (against Larry McSpadden) alleged, among other things, that the bank through its agents and employees agreed with Cross that it would notify the insurance company that the loans to Cross were to be increased and that additional insurance would be required. Cross further alleges that Larry McSpadden, individually and as employee/agent for the bank, agreed to handle the matter with the insurance company. In short, no additional insurance was procured. The property in question was destroyed by fire and the insurance proceeds were insufficient to pay the indebtedness owed by Cross to the bank. Notwithstanding the demand for a jury trial by Cross, the Chancellor denied a trial by jury and tried the case at a bench trial. A monetary judgment based on the original complaint was entered against Cross in the aggregate of $85,948.85 including attorney's fees. All other actions were dismissed. http://www.tba.org/tba_files/TCA/1stcitbn_opn.WP6
ALLEN A. BOOZE and wife, DIANE BOOZE VS. FAIRFIELD COMMUNITIES, INC., d/b/a FAIRFIELD GLADE RESORT WITH ORDER Court:TCA Attorneys: JOHN PHILIP PARSONS, EDWARDS & PARSONS, Cookeville, for Plaintiffs-Appellants. JOE M. LOONEY, LOONEY & LOONEY, Crossville, for Defendant-Appellee. Judge:FRANKS First Paragraph: Plaintiffs' action against Fairfield Communities, Inc., d/b/a Fairfield Glade Resort (Fairfield), was dismissed by summary judgment, and plaintiffs have appealed. It was alleged that Fairfield, acting as an innkeeper, rented room 5621 Country Club Villas, to the plaintiffs for a period from April 6, 1994 through April 9, 1994, which is a part of a town house unit owned by William E. Rueff and Margaret L. Rueff. The complaint further alleges that Allen Booze started down the steps leading from his room to the sidewalk and slipped on ice which had formed on the steps, and the fall was due to the negligence of the defendants in failing to remove the ice or warn plaintiffs about the condition. http://www.tba.org/tba_files/TCA/Boozea_opn.WP6 ORDER: http://www.tba.org/tba_files/TCA/Boozea_ord.WP6
W. D. BUTLER and J. A. HALLIBURTON VS. DIVERSIFIED ENERGY, INC., APPOLO FUELS, INC., and RANDY C. EDGEMON Court:TCA Attorneys: GARRY FERRARIS OF KNOXVILLE FOR APPELLANTS FRANCIS L. LLOYD, JR., OF KNOXVILLE FOR DIVERSIFIED ENERGY, INC., and RANDY C. EDGEMON ANDREW CRAIG TROUTMAN OF KNOXVILLE FOR APOLLO FUELS, INC. Judge:GODDARD First Paragraph: This is a suit by W. D. Butler and J. A. Halliburton, employees of Norfolk Southern Corporation against Diversified Energy/Appolo Fuels, Inc., and Randy C. Edgemon, President of Diversified Energy, seeking damages for defamation. http://www.tba.org/tba_files/TCA/Butlerwd_opn.WP6
CHATTANOOGA AREA REGIONAL TRANSPORTATION AUTHORITY VS. T.U. PARKS CONSTRUCTION COMPANY, a Tennessee Corporation, and HAYES DRILLING, INC. Court:TCA Attorneys: TIMOTHY M. GIBBONS OF CHATTANOOGA FOR APPELLANT RICHARD J. McAFEE and CAMERON S. HILL OF CHATTANOOGA FOR APPELLEE T.U. PARKS CONSTRUCTION COMPANY LAWRENCE A. ROUSE and KIRK T. MAY OF KANSAS CITY, MISSOURI; AND HOYT O. SAMPLES OF CHATTANOOGA FOR APPELLEE HAYES DRILLING, INC. Judge:GODDARD First Paragraph: Chattanooga Area Regional Transportation Authority (CARTA) appeals a judgment of the Chancery Court for Hamilton County which sought a declaratory judgment that it was not bound by the arbitration provisions of a certain contract entered into with T. U. Parks Construction Company and also injunctive relief to prevent Parks from proceeding with arbitration. The suit also joined as a party Defendant a subcontractor of Parks, Hayes Drilling, Inc., which has sought to arbitrate a claim it had against Parks. http://www.tba.org/tba_files/TCA/Chattarr_opn.WP6
MARIA CHRISTIANE DOHMEN-GOFORTH VS LLOYD DAVID GOFORTH Court:TCA Attorneys: JEAN MUNROE, Knoxville, for Appellant. MARTY MCDONALD and JAY W. MADER, MCDONALD, LEVY & TAYLOR, Knoxville, for Appellee. Judge:MCMURRAY First Paragraph: This appeal arises from a judgment in a divorce action which was entered in the General Sessions Court in Loudon County. Ms. Maria Christiane Dohmen-Goforth ("Wife") filed a complaint for divorce on May 8, 1997, and on August 11, 1997, the husband filed a counter-complaint. After a hearing on January 8, 1998, the trial court awarded a divorce to both parties on the ground of inappropriate marital conduct. There are no children from the marriage and no alimony was awarded. http://www.tba.org/tba_files/TCA/Goforthc_opn.WP6
RHONDA G. GOLEY VS. ANDREW J. BROYLES, II WITH ORDER Court:TCA Attorneys: FARRELL A. LEVY, McDONALD, LEVY & TAYLOR, Knoxville, for Plaintiff-Appellant. JAMES S. MacDONALD, DUNN, MacDONALD & COLEMAN, P.C., Knoxville, for Defendant-Appellee. Judge:FRANKS First Paragraph: This appeal arises from an automobile accident that occurred on October 8, 1996. Plaintiff Rhonda Goley filed suit against defendant Andrew Broyles on September 23, 1997. Process was issued the next day. At the time of the accident, Goley had an insurance policy with defendant State Farm Automobile Insurance Company that provided uninsured motorist coverage. Goley's attorney mailed a copy of the complaint to State Farm on September 22, 1997. http://www.tba.org/tba_files/TCA/Goleyr_opn.WP6 ORDER http://www.tba.org/tba_files/TCA/Goleyr_ord.WP6
LINDA L. HUSKEY KILBY VS. ERNEST KILBY, JR. Court:TCA Attorneys: JOHN M. FOLEY OF KNOXVILLE FOR APPELLANT PERRY P. PAINE, JR., OF MARYVILLE FOR APPELLEE Judge:GODDARD First Paragraph: The Plaintiff in this case seeks to modify an agreed divorce decree relative to the support and custody of a handicapped child, who has now reached her majority. http://www.tba.org/tba_files/TCA/Kilbyll_opn.WP6
ANGIE COOPER MACKLIN VS. TIMMY RAY MACKLIN Court:TCA Attorneys: For Appellant For Appellee PATRICK T. PHILLIPS TRAVIS G. BRASFIELD Knoxville, Tennessee Knoxville, Tennessee Judge:SUSANO First Paragraph: Following a bench trial, the respondent, Timothy Ray Macklin, was adjudged guilty of criminal contempt for violating an order of protection previously issued at the behest of his wife, the petitioner Angie Cooper Macklin. He was sentenced to ten days in jail, all of which was "suspended pending his not doing anything in the future." http://www.tba.org/tba_files/TCA/Macklnac_opn.WP6
MC PROPERTIES, INC. VS. THE CITY OF CHATTANOOGA and THE CHATTANOOGA CITY COUNCIL Court:TCA Attorneys: JOHN R. ANDERSON and HARRY R. CASH, GRANT, KONVALINKA & HARRISON, P.C., Chattanooga, for Plaintiff-Appellee. PHILLIP A. NOBLETT and LAWRENCE W. KELLY, Chattanooga, for Defendants-Appellants. Judge:FRANKS First Paragraph: The City Council denied plaintiff's request to rezone 10.2 acres of a certain tract of land on and near Shallowford Road in Chattanooga. Plaintiff filed a petition for certiorari in the Chancery Court and after trial, the Chancellor ordered rezoning of the property. http://www.tba.org/tba_files/TCA/Mcproper_opn.WP6
OLYMPIA CHILD DEVELOPMENT CENTER, INC., DEBORA DUNN, Individually, MARY EVERHART, Individually, and LISA MURPHY Individually VS CITY OF MARYVILLE, TENNESSEE Court:TCA Attorneys: For Appellants For Appellee KEVIN W. SHEPHERD ROBERT H. WATSON, JR. Maryville, Tennessee NATHAN D. ROWELL Watson, Hollow & Reeves, PLC Knoxville, Tennessee Judge:SUSANO First Paragraph: This action was brought against the City of Maryville ("the City") by plaintiffs Olympia Child Development Center, Inc. ("Olympia"), Deborah Dunn ("Dunn"), Mary Everhart ("Everhart"), and Lisa Murphy ("Murphy"), seeking damages arising out of an automobile accident. The collision occurred when a van owned by Olympia and driven by Murphy was struck by a vehicle driven by Rodney Parton, an off-duty Maryville police officer. http://www.tba.org/tba_files/TCA/Olympia_opn.WP6
JOSEPH RAY SIMMONS VS TONYA MICHELLE SIMMONS Court:TCA Attorneys: For Appellant For Appellee JIMMY W. BILBO RANDY SELLERS Logan, Thompson, Miller, Bilbo, Cleveland, Tennessee Thompson & Fisher, P.C. Cleveland, Tennessee Judge:SUSANO First Paragraph: This is a post-divorce proceeding concerning the custody of Colby Curtis Ray Simmons ("Colby") (DOB: March 25, 1991). The trial court awarded "primary physical custody" of Colby to the child's mother, Tonya Michelle Cawood, formerly Simmons ("Mother"), thereby modifying the divorce judgment that had granted this custodial role to the boy's father, Joseph Ray Simmons ("Father"). The Court did not disturb its previous grant of joint legal custody. Father appeals, arguing that the trial court misinterpreted the principles enunciated by the Supreme Court in Aaby v. Strange, 924 S.W.2d 623 (Tenn. 1996), and that the evidence preponderates against the trial court's determination that Father's move from White, Georgia, to Somerset, Kentucky, was prompted by vindictiveness on his part. http://www.tba.org/tba_files/TCA/Simmonsj_opn.WP6
JOHN WAYNE SLATE, SR. VS JUDGE BEN W. HOOPER, II, and AL SCHMUTZER, JR. Court:TCA Attorneys: For Appellant For Appellees JOHN WAYNE SLATE, SR. JOHN KNOX WALKUP Pro Se Attorney General and Reporter Mountain City, Tennessee MICHAEL E. MOORE Solicitor General HEATHER C. ROSS Assistant Attorney General Nashville, Tennessee Judge:SUSANO First Paragraph: This is a lawsuit filed by a prisoner in state custody seeking the disbarment of the judge who tried him and the district attorney general who prosecuted him. The court below dismissed the plaintiff's suit, finding that "these charges are more appropriately brought under the procedures set forth in Tenn.Code Ann. S 17-5-101 et seq. and/or under Supreme Court Rule 9." The plaintiff appealed. We affirm, but for a reason different from that expressed by the trial court. http://www.tba.org/tba_files/TCA/Slatejw_opn.WP6
In Re: THE ESTATE OF MILDRED M. VERKSTROM GORMAN WADDELL, Co-Executor of the Estate of Mildred M. Verkstrom VS EDNA M. GODWIN GORMAN WADDELL, Co-Executor of the Estate of Mildred M. Verkstrom VS BERNICE GATES, Co-Executrix, and BANK OF TENNESSEE WITH ORDER Court:TCA Attorneys: ROBERT L. ARRINGTON and WILLIAM S. LEWIS, MOORE, STOUT, WADDELL & LEDFORD. P.C., Kingsport, for Plaintiff-Appellee. PAUL A. HARR, Kingsport, for Defendant-Appellant. Judge:FRANKS First Paragraph: In this declaratory judgment action, the issue on appeal is whether the monies in an account established by the deceased belongs to her Estate, or passed by operation of law to appellant, Edna M. Godwin. The deceased opened the account in question in 1972 in her name, and in 1980 added Bernice M. Gates as another signature on the account. On January 24, 1989, decedent deleted Gates' name from the account and executed a new signature card as the sole owner and signatory on the account. On May 27, 1994, another signature card was executed by the deceased and Edna Godwin. Subsequent to decedent's death, and after some payments were made from the account, the appellant transferred the balance of $120,000.00 to herself. http://www.tba.org/tba_files/TCA/Verkstro_opn.WP6 ORDER: http://www.tba.org/tba_files/TCA/Verkstro_ord.WP6
STATE OF TENNESSEE VS MICHAEL K. CLARK Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN KNOX WALKUP MICHAEL JONES Attorney General & Reporter District Public Defender KAREN YACUZZO CHARLES S. BLOODWORTH Asst. Attorney General Asst. District Public Defender John Sevier Bldg. 109 S. Second St. 425 Fifth Ave., North Clarksville, TN 37040 Nashville, TN 37243-0493 JOHN W. CARNEY District Attorney General LANCE A. BAKER Asst. District Attorney General 204 Franklin St., Suite 300 Clarksville, TN 37040 Judge:PEAY First Paragraph: The defendant was charged by indictment with driving while under the influence (DUI), reckless driving, refusing to submit to a blood alcohol test, and driving on a revoked license. He moved to dismiss the charges on the basis that the police authorities made an unlawful traffic stop. Following a hearing, the trial court granted the defendant's motion and dismissed the indictment. The State now appeals. The sole issue on appeal is whether the trial court properly dismissed the indictment. We remand the case for further findings from the trial court. http://www.tba.org/tba_files/TCCA/Clarkmk_opn.WP6
STATE OF TENNESSEE VS THOMAS DEE HUSKEY VS. THE KNOXVILLE NEWS-SENTINEL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: RICHARD L. HOLLOW HERBERT S. MONCIER NATHAN D. ROWELL Attorney at Law Attorneys at Law Suite 775 NationsBank Center P.O. Box 131 550 Main Ave. Knoxville, TN 37901-0131 Knoxville, TN 37902 GREGORY P. ISAACS Attorney at Law One Centre Square 620 Market St., Ste. 280 Knoxville, TN 37902 FOR AMICUS CURIAE: The Tennessean, The Tennessee Press Association, The Society of Professional Journalists and The Middle Tennessee Chapter of The Society for Professional Journalists ALFRED H. KNIGHT Attorney at Law 215 Second Ave., North Nashville, TN 37201 Memphis Publishing Company LUCIAN T. PERA KATHY LAUGHTER LAIZURE KIMBERLY D. BROWN Attorneys at Law 80 Monroe Ave., Ste. 700 Memphis, TN 38103-2467 Judge:WITT First Paragraph: In this novel case, we are called upon to consider the competing interests of a media entity's rights under the First Amendment of the United States Constitution and article I, section 19 of the Tennessee Constitution against a criminal defendant's due process rights to a fair trial under the Sixth Amendment of the federal constitution and article I, section 9 of the state constitution. This case comes to us from the Knox County Criminal Court, which issued an order restraining The Knoxville News-Sentinel ("Sentinel") from publishing detailed records of court-appointed defense counsel's fees, experts and other expenses while the case of State v. Thomas Dee Huskey, a four-count capital prosecution, is pending. We granted Sentinel's application for permission to appeal and Huskey's application for cross appeal pursuant to Rule 10, Tennessee Rules of Appellate Procedure. The primary issue is whether the lower court's injunction is impermissible under the state and federal constitutions. In a cross-appeal, Huskey has raised several non-constitutional issues regarding the propriety of the injunction. Having heard and considered the oral arguments of counsel for Sentinel and Huskey and having reviewed the record which was filed on the day of argument, as supplemented, we dismiss as improvidently granted the Rule 10 appeals of both parties. http://www.tba.org/tba_files/TCCA/Huskeyth_opn.WP6
EARL L. KEISTER, JR., and CHARLOTTE KEISTER VS. J. HARRY LEWIS and ERWIN A. COLLINS Court:TCCA Attorneys: MARY JANE BORDEN, EGERTON, McAFEE, ARMISTEAD & DAVIS, P.C., Knoxville, for Plaintiffs-Appellants. DONALD K. VOWELL, and KENNETH E. MORROW, Knoxville, for Defendants-Appellees. Judge:FRANKS First Paragraph: This is an action to recover under a contract of sale for the purchase of real estate entered between plaintiffs and a limited partnership against defendants, general partners of that partnership. The partnership agreed to return the real estate to the plaintiffs who, in turn, released the partnership "from any further liabilities under the contract of sale". The Trial Judge held that the release of the partnership, released the defendant partners from any liability, and plaintiffs have appealed. http://www.tba.org/tba_files/TCCA/Keistere_opn.WP6
STATE OF TENNESSEE VS. MICKEY LAMB Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: WILLIAM L. BROWN JOHN KNOX WALKUP 706 Walnut St, Ste 902 Attorney General and Reporter Knoxville, TN 379092 GEORGIA BLYTHE FELNER Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 C. BERKELEY BELL District Attorney General JOHN DUGGER Assistant District Attorney 510 Allison Street Morristown, TN 37814 Judge:SMITH First Paragraph: On August 1, 1997, Appellant Mickey Lamb pleaded guilty to three counts of possession of a controlled substance with intent to sell and to thirteen counts of delivery of a controlled substance. After a sentencing hearing that same day, Appellant received an effective sentence of eight years. The trial court denied Appellant's request that he be placed on probation for the entire sentence. Appellant challenges the trial court's denial of probation. After a review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Lambmick_opn.WP6
STATE OF TENNESSEE VS. BOBBY SIMMONS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GREGORY D. SMITH JOHN KNOX WALKUP Contract Appellate Defender Attorney General & Reporter One Public Square, Suite 321 Clarksville, TN 37040 CLINTON J. MORGAN (On Appeal) Asst. Attorney General Cordell Hull Bldg., 2nd Fl. CLAUDIA JACK 425 Fifth Ave., North District Public Defender Nashville, TN 37243-0493 WILLIAM C. BRIGHT MIKE BOTTOMS Asst. Public Defender District Attorney General 128 North Second St. P.O. Box 1208 LEE BAILEY Pulaski, TN 38478 Asst. District Attorney General (At Hearing) 10 Public Square Columbia, TN 38401 Judge:PEAY First Paragraph: On July 29, 1996, the defendant pled guilty to five counts of forgery, four counts of passing worthless checks, and one count of driving on a suspended license. The defendant received an effective sentence of three years to be served on probation. On February 9, 1998, a probation revocation hearing was held where the defendant was found to have violated the terms of his probation. The court then ordered the defendant to serve the original three year sentence in the Tennessee Department of Correction. The defendant now appeals. http://www.tba.org/tba_files/TCCA/Simmonsb_opn.WP6
STATE OF TENNESSEE VS. DONALD W. STEPHENS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: John H. Henderson John Knox Walkup District Public Defender Attorney General & Reporter Eugene J. Honea Georgia Blythe Felner Assistant Public Defender Counsel for the State Twenty-first Judicial District Cordell Hull Building, Second Floor 407-C Main Street 425 Fifth Avenue North Franklin, TN 37065-0068 Nashville, TN 37243-0493 Joseph D. Baugh District Attorney General Lee Dryer Assistant District Attorney General P.O. Box 937 Franklin, TN 37065-0937 Judge:LAFFERTY First Paragraph: The appellant, Donald W. Stephens, appeals his conviction for driving under the influence. See Tenn. Code Ann. S 55-10-401. The sole issue for our review is whether the evidence at trial was sufficient for the jury to find guilt beyond a reasonable doubt. We find that it was and AFFIRM the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Stephens_opn.WP6
STATE OF TENNESSEE VS. RICKY WOODARD Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Larry D. Drolsum John Knox Walkup Assistant Public Defender Attorney General & Reporter 407 C Main Street 425 Fifth Avenue, North P. O. Box 68 Nashville, TN 37243-0493 Franklin, TN 37065-0068 Timothy Behan OF COUNSEL: Assistant Attorney General John H. Henderson 425 Fifth Avenue, North District Public Defender Nashville, TN 37243-0493 407-C Main Street P. O. Box 68 Joseph D. Baugh, Jr. Franklin, TN 37065-0068 District Attorney General Williamson County Courthouse P. O. Box 937 Franklin, TN 37065-0937 Jeffrey P. Burks Assistant District Attorney General Williamson County Courthouse P. O. Box 937 Franklin, TN 37065-0937 Judge:LAFFERTY First Paragraph: The appellant, Ricky Woodard, herein referred as "the defendant," appeals as of right from the verdicts of a Williamson County jury finding him guilty of aggravated burglary and theft of property under $500. At the conclusion of a sentencing hearing, the trial court sentenced the defendant as a Range III persistent offender to fourteen years for the aggravated burglary offense and to eleven months, twenty-nine days for the theft charge. The sentences were ordered to run concurrently, and the trial court waived jury fines of $5,000 and $1,500. http://www.tba.org/tba_files/TCCA/Woodardr_opn.WP6

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