February 19, 1999
Volume 5 -- Number 023

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
08 New Opinion(s) from the Tennessee Court of Appeals
14 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

		
		
CHARLES ALLEN
VS.
DONAL CAMPBELL, COMMISSIONER, TENNESSEE DEPARTMENT OF CORRECTION

Court:TCA

Attorneys:  

CHARLES ALLEN, #99940
7575 Cockrill Bend Industrial Road
Nashville, Tennessee 37290-1057
    Pro Se/Petitioner/Appellant

JOHN KNOX WALKUP
Attorney General & Reporter

PATRICIA C. KUSSMANN
Assistant Attorney General
425 Fifth Avenue North
Nashville, Tennessee 37243
    Attorney for Respondent/Appellee                        

Judge:CANTRELL

First Paragraph:

The Department of Correction extended the Release Eligibility Date of
a prisoner by an additional 30% after he was found guilty of
assaulting a correctional officer.  The prisoner filed a petition for
a declaratory judgment that the extension of his Release Eligibility
Date was a violation of the ex post facto prohibition.  The trial
court dismissed the petition.  We affirm.

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



ROBERT LEE ANDERSON VS. REBECCA ANN ANDERSON Court:TCA Attorneys: ROBERT LEE ANDERSON, Pro Se 417 Windmill Drive Copperas Cove, Texas 76522 CARRIE KERSH Kennedy Law Firm 127 South Third Street Clarksville, Tennessee 37040 ATTORNEY FOR DEFENDANT/APPELLANT Judge:CAIN First Paragraph: This is an appeal from the action of the trial court in refusing to set aside a change of custody order. Robert Lee Anderson and Rebecca Ann Anderson were divorced on July 17, 1993 with joint custody being awarded of three minor children and appellant, Rebecca Ann Anderson, being designated as primary physical custodian. http://www.tba.org/tba_files/TCA/Andersnr_opn.WP6
SCOTT BALDWIN, J. L. SMITH, and KEVIN T. BROWN, individually and on behalf of a class of individuals similarly situated VS. PIRELLI ARMSTRONG TIRE CORPORATION, UNITED RUBBER, CORK, LINOLEUM AND PLASTIC WORKERS OF AMERICA, AND URW LOCAL UNION 670 Court:TCA Attorneys: FOR APPELLANTS: FOR APPELLEE PIRELLI ARMSTRONG TIRE CORP.: Jeffrey A. Greene John W. Barringer, Jr. Charles Hampton White Goodlettsville, Tennessee Richard L. Colbert Nashville, Tennessee Robert L. Delaney Nashville, Tennessee FOR APPELLEE UNITED RUBBER, CORK, LINOLEUM and PLASTIC WORKERS OF AMERICA: Charles R. Armstrong Akron, Ohio 44320 FOR APPELLEE URW LOCAL UNION 670: George E. Barrett Phillip A. Purcell Nashville, Tennessee Judge:CANTRELL First Paragraph: When replacement workers were fired to make room for the returning union employees at the end of a strike, the replacement workers brought suit against the employer for breach of contract and retaliatory discharge, and against the local and international unions for intentional interference with their contract. The trial court granted the employer's motion to dismiss the breach of contract count, because it believed the individual contracts had been subsumed into the collective bargaining agreement, but it overruled the motion to dismiss the retaliatory discharge count. The court granted the unions' motion to dismiss, because it believed the complaint did not state a cause of action for intentional interference with an employment at will contract. We reverse the judgment of the trial court. http://www.tba.org/tba_files/TCA/Baldwins_opn.WP6
JENNIFER OAKLEY (WILSON) VS. LARRY R. WILSON Court:TCA Attorneys: JENNIFER OAKLEY 2201 Murphy Avenue, Suite 202 Nashville, Tennessee 37203 Pro Se/Plaintiff/Appellant EARL J. PORTER, JR. 214 Third Avenue North Nashville, Tennessee 37201 THOMAS F. BLOOM 500 Church Street Nashville, Tennessee 37219 Attorneys/Defendant/Appellee Judge:CANTRELL First Paragraph: This appeal concerns the trial judge's authority or duty to correct a divorce certificate filed pursuant to Tenn. Code Ann. S 68-3-402. The appellant asserts that the trial judge denied her a fair hearing and any relief because of the judge's bias and personal animosity toward her. We reverse the trial judge's order concerning the divorce certificate and hold that the recusal question is now moot. http://www.tba.org/tba_files/TCA/Oakleyj_opn.WP6
JOSEPH RUSSELL VS. SECURITY INSURANCE INC. MID-SOUTH INSURANCE SPECIALISTS and NORTHLAND INSURANCE COMPANIES VS. CHARLES MCPHERSON Court:TCA Attorneys: RICHARD GLASSMAN and RICHARD SORIN Glassman, Jeter, Edwards & Wade, P.C. 26 North Second Street Memphis, Tennessee 38103 Attorneys for Defendants/Appellants ANNE RUSSELL 2021 Richard Jones Road Suite 350 Nashville, Tennessee 37215 Attorney for Third Party Plaintiff/Appellee Judge:COTTRELL First Paragraph: In this action two insurance companies sought to reform a contract providing for $25,000 in medical payment coverage based on a claim that the $25,000 amount, which appeared in the original policy and two renewals, was a typographical error. The companies insisted that $2500 was the correct amount since the insured requested "maximum coverage" and $2500 was the maximum coverage the company offered for the type of insurance involved. The trial court denied the insurance companies' motion for summary judgment, refusing to reform the contract, and granted the third party beneficiary's motion for summary judgment for enforcement of the contract as written. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCA/Russel2_opn.WP6
ROBERT EARL SMITH VS. DONAL CAMPBELL, COMMISSIONER, DEPARTMENT OF CORRECTION Court:TCA Attorneys: ROBERT EARL SMITH, #117519 P. O. Box 1000 Henning, Tennessee 38041-1000 Pro Se/Petitioner/Appellant JOHN KNOX WALKUP Attorney General & Reporter STEPHANIE R. REEVERS Senior Counsel 425 Fifth Avenue North Nashville, Tennessee 37243 Attorney for Respondent/Appellee Judge:CANTRELL First Paragraph: The Department of Correction extended the Release Eligibility Date of an inmate by 30% on two occasions, following two incidents in which he assaulted correctional officers. The inmate filed a petition asking the court to issue a declaratory judgment that the Department had violated the constitutional prohibition against ex post facto laws by extending his Release Eligibility Date. The trial court dismissed the petition. We affirm. http://www.tba.org/tba_files/TCA/Smithre_opn.WP6
MARCIA WUBBENA STAFFORD VS. JAMES ARTHUR STAFFORD Court:TCA Attorneys: BERNARD K. SMITH P. O. Box 490 McMinnville, Tennessee 37111 ATTORNEY FOR PLAINTIFF/APPELLEE J. HILTON CONGER 200 South Third Street Smithville, Tennessee 37166 ATTORNEY FOR DEFENDANT/APPELLANT Judge:CAIN First Paragraph: The only issue presented for appellate review in this divorce action is whether or not the marital property was equitably divided. Marsha Wubbena Stafford and James Arthur Stafford were married on June 23, 1990 and separated in Warren County, Tennessee on April 9, 1997. There were no children born of the marriage. On April 17, 1997, wife sued for divorce on grounds of inappropriate marital conduct and husband, on August 4, 1997, answered and counter-complained for divorce on inappropriate marital conduct grounds. http://www.tba.org/tba_files/TCA/Stafform_opn.WP6
DONALD R. TURNER VS. TENNESSEE BOARD OF PAROLES Court:TCA Attorneys: DONALD R. TURNER Brushy Mountain Correctional Complex P. O. Box 2000 Wartburg, Tennessee 37887 Pro Se/Petitioner/Appellant JOHN KNOX WALKUP Attorney General and Reporter JOHN R. MILES c/o Attorney General & Reporter 425 5th Avenue North Nashville, Tennessee 37243-0488 Attorney for Respondent/Appellee Judge:CANTRELL First Paragraph: An inmate in the custody of the Department of Correction filed a complaint which alleged that the Board of Paroles had acted arbitrarily and fraudulently in denying him parole. The State filed a motion to dismiss for lack of jurisdiction and a motion for summary judgment. The trial court granted both motions. We affirm. http://www.tba.org/tba_files/TCA/Turnerdr_opn.WP6
DAVID COX VS. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: Richard L. Gann, II John Knox Walkup P. O. Box 6888 Attorney General & Reporter 320 Court Street Maryville, TN 37804 Elizabeth B. Marney Assistant Attorney General Criminal Justice Division 2d Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243-0493 Philip Morton Assistant District Attorney General 363 Court Street Maryville, TN 37804 Judge:WADE First Paragraph: The petitioner, David Cox, appeals the trial court's dismissal of his petition for post-conviction relief. He presents three issues for our review: (I) whether the trial court erred by determining his petition was barred by the statute of limitations; (II) whether strict enforcement of the statute of limitations violates his right to due process; and (III) whether the trial court should have granted the state's motion to dismiss when it was untimely filed. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Coxdvd_opn.WP6
STATE OF TENNESSEE VS. PAUL ANTHONY DEJONGH Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Susan E. Shipley John Knox Walkup 602 South Gay Street Attorney General & Reporter Suite 501 425 Fifth Avenue, North Knoxville, TN 37902 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 P. O. Box 1468 Knoxville, TN 37901-1468 William H. Crabtree Assistant District Attorney General 400 Main Street P. O. Box 1468 Knoxville, TN 37901-1468 Sally Jo Helm Assistant District Attorney General 400 Main Street P. O. Box 1468 Knoxville, TN 37901-1468 Judge:LAFFERTY First Paragraph: The appellant, Paul Anthony Dejongh, referred herein as "the defendant," appeals as a matter of right from his conviction by a Knox County jury of murder first degree. The trial court imposed a sentence of life imprisonment. The defendant presents the following issues for appellate review: 1. Whether there was sufficient evidence as a matter of law for a rational trier of fact to find the defendant guilty beyond a reasonable doubt of premeditated murder first degree. 2. Whether the trial court erred in allowing the prosecution to cover glossy, color photographs of obscene, vulgar graffiti with translucent masking tape in the presence of the jury. 3. Whether the trial court erred in granting the state's oral motion in limine to preclude cross-examination of the state's witnesses of the issues of the decedent's possession of a gun, as well as his violent and threatening conduct. 4. Whether the trial court erred in precluding the defense from cross-examining prosecution witnesses on the context and substance of admissions allegedly made by the defendant. 5. Whether the trial court erred in preventing the defendant from offering a proffer of a witness to perfect the appellate record. 6. Whether the trial court erred in failing to instruct the jurors on the lesser included offenses of murder first degree. After a thorough review of the entire record, briefs of the parties, and applicable law, we reverse the trial court's judgment and remand for a new trial. http://www.tba.org/tba_files/TCCA/Dejonghp_opn.WP6
STATE OF TENNESSEE VS. ROBERT GILLESPIE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: EDWARD L. BORING JOHN KNOX WALKUP P.O. Box 1025 Attorney General and Reporter Pikeville, TN 37367 MICHAEL J. FAHEY, II Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 J. MICHAEL TAYLOR District Attorney General JAMES W. POPE, III Assistant District Attorney General First American Bank Bldg., Suite 300 Dayton, TN 37321 Judge:WELLES First Paragraph: The Defendant, Robert Gillespie, pursuant to Tennessee Rule of Appellate Procedure 3(b), appeals as of right his conviction for the aggravated assault of Charles Mears, his wife's uncle. Defendant was convicted after a jury trial, and he was sentenced to four years and six months, with ninety days to be served in the county jail and the remainder to be served on supervised probation. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Gillesro_opn.WP6
GUILLERMO MATIAZ JUAN VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GUILLERMO MATIAZ JUAN, pro se JOHN KNOX WALKUP Southeastern Tennessee State Attorney General & Reporter Regional Correctional Facility Route 4, Box 600 MICHAEL J. FAHEY, II Pikeville, TN 37367-9243 Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 WILLIAM H. COX, III District Attorney General STAN LANZO Assistant District Attorney General 600 Market Street, Suite 310 Chattanooga, TN 37402 Judge:WOODALL First Paragraph: The Petitioner, Guillermo Matiaz Juan, appeals as of right from the trial court's order denying his petition for post-conviction relief. Petitioner was charged in the Hamilton County Criminal Court with first degree premeditated murder, felony murder, aggravated burglary, and theft. Pursuant to a plea agreement, Petitioner pled guilty to the lesser offense of second degree murder, and the remaining charges were dismissed. The plea to second degree murder was taken on October 21, 1991. There was no direct appeal from this plea. Petitioner filed his petition for post-conviction relief on June 10, 1997. The trial court dismissed the petition on June 25, 1997 on the basis that the petition was barred by the applicable statute of limitations. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Juangm_opn.WP6
STATE OF TENNESSEE VS. JIMMY LEE NOAH Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MACK GARNER JOHN KNOX WALKUP Public Defender Attorney General and Reporter GERALD L. GULLEY, JR. TODD R. KELLEY P.O. Box 1708 Assistant Attorney General Knoxville, TN 37901-1708 425 Fifth Avenue North Nashville, TN 37243 MIKE FLYNN District Attorney General PHILIP MORTON Assistant District Attorney General 363 Court Street Maryville, TN 37804 Judge:WELLES First Paragraph: The Defendant, Jimmy Lee Noah, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. He was convicted, upon his pleas of guilty, of driving on a revoked license, reckless driving, reckless endangerment, and felony evading arrest. The agreed sentences for the two Class E felonies were two years as a Range I standard offender. The agreed sentences for the Class B misdemeanors were six months. All sentences were to be served concurrently. The manner of service of the sentences was left to the discretion of the trial judge. The judge ordered that the felony sentences be served in the Department of Correction, with the misdemeanor jail sentences to be served concurrently. The Defendant appeals from the trial judge's order that the sentences be served in confinement. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Noahjl_opn.WP6
STATE OF TENNESSEE VS. BRANDON R. PATRICK Court:TCCA Attorneys: For Appellant: For Appellee: Robert W. White John Knox Walkup Attorney for Appellant Attorney General and Reporter 404 Ellis Avenue Maryville, TN 37804 Clinton J. Morgan Counsel for the State 425 Fifth Avenue, North Cordell Hull Building, Second Floor Nashville, TN 37243-0493 Charles Carpenter Assistant District Attorney General 363 Court Street Maryville, TN 37804 Judge:WADE First Paragraph: The defendant, Brandon R. Patrick, was convicted in a jury trial of felony reckless endangerment, felony evading arrest, and driving on a suspended license, third offense. The jury acquitted the defendant on a related charge of aggravated assault. The trial court imposed concurrent Range I sentences of two years for felony reckless endangerment and four years for the felony evading arrest. A concurrent sentence of eleven months, twenty-nine days was imposed for driving on a suspended license. The sentence for evading arrest was ordered to be served consecutively to a prior sentence in Blount County. The defendant was fined $5,000.00. http://www.tba.org/tba_files/TCCA/patrick_wpd.WP6
STATE OF TENNESSEE VS. TIMOTHY WAYNE REECE Court:TCCA Attorneys: For the Appellant: For the Appellee: Michael D. Kellum John Knox Walkup Attorney for Appellant Attorney General and Reporter 1114 Sunset Drive, Suite 3 Johnson City, TN 37604 R. Stephen Jobe Assistant Attorney General Criminal Justice Division (AT TRIAL) 425 Fifth Avenue North Thomas W. Cowan, Jr. 2d Floor, Cordell Hull Building Attorney at Law Nashville, TN 37243-0493 111 S. Main Street Elizabethton, TN 37643 Joe C. Crumley, Jr. District Attorney General Kenneth Baldwin Asst. District Attorney General 900 East Elk Avenue Elizabethton, TN 37643 Judge:HAYES First Paragraph: The appellant, Timothy Wayne Reece, pled guilty in the Carter County Criminal Court to first offense driving under the influence on October 8, 1997. The trial court imposed a sentence of eleven months and twenty-nine days, suspended except for eighty-six days in jail and subject to work release after serving forty-eight hours. The appellant now appeals the sentencing decision of the trial court. http://www.tba.org/tba_files/TCCA/Reecetw_opn.WP6
STATE OF TENNESSEE VS. JOHN WAYNE SLATE Court:TCCA Attorneys: For Appellant: For Appellee: Edward C. Miller John Knox Walkup Public Defender Attorney General and Reporter Fourth Judicial District P.O. Box 416 Todd R. Kelley Dandridge, TN 37725 Assistant Attorney General 425 Fifth Avenue, North Cordell Hull Building, Second Floor Nashville, TN 37243-0493 Al Schmutzer, Jr. District Attorney General Steve Hawkins Assistant District Attorney General Sevierville, TN 37862 Judge:WADE First Paragraph: The defendant, John Wayne Slate, was convicted of second degree murder. The trial court imposed a sentence of twenty-five years. In this appeal of right, the defendant presents the following issues for review: (1) whether the trial court erred by ordering the defendant to serve twenty-five years in prison; and (2) whether the trial court erred by signing a judgment that ordered an effective sentence of thirty-three years. We affirm the sentence of the trial court. The sentence must be modified to provide for a twenty-four year sentence, a consecutive three-year sentence and a concurrent five-year sentence. http://www.tba.org/tba_files/TCCA/Slatejw_opn.WP6
STATE OF TENNESSEE VS. GILBERT SMITH Court:TCCA Attorneys: For the Appellant: For the Appellee: Raymond Mack Garner John Knox Walkup District Public Defender Attorney General of Tennessee 419 High Street and Maryville, TN 37804 Ellen H. Pollack (AT TRIAL) Assistant Attorney General of Tennessee 425 Fifth Avenue North John E. Herbison Nashville, TN 37243-0493 2016 Eighth Avenue South Nashville, TN 37204 Michael L. Flynn (ON APPEAL) District Attorney General and Philip Morton Assistant District Attorney General 363 Court Street Maryville, TN 37804 Judge:TIPTON First Paragraph: The defendant, Gilbert Smith, appeals as of right from the sentence imposed by the Blount County Circuit Court upon his violation of the terms and conditions of the community corrections program. The defendant pled guilty to two counts of delivery of cocaine and was sentenced as a Range I, standard offender for a Class B felony to eight years for each count to be served concurrently. The trial court also imposed a two-thousand-dollar fine for each count. The trial court permitted the defendant to serve his sentence in the community corrections program. After his second violation of the program, the trial court revoked his community corrections sentence and resentenced the defendant to two concurrent ten-year terms to be served in the custody of the Department of Correction. The defendant contends (1) that the indictments are defective and therefore void because they fail to allege a culpable mental state and (2) that his sentences are illegal because he was sentenced for two Class B felonies while the indictments allege Class C felonies. The trial court is affirmed. http://www.tba.org/tba_files/TCCA/Smithg_opn.WP6
STATE OF TENNESSEE VS. MARTY THATCHER Court:TCCA Attorneys: For Appellant: For Appellee: Gregory D. Smith John Knox Walkup Contract Appellate Defender Attorney General & Reporter One Public Square, Ste. 321 Clarksville, TN 37040 Clinton J. Morgan Assistant Attorney General Shawn Graham Criminal Justice Division Assistant Public Defender 2d Floor, Cordell Hull Building 419 High Street 425 Fifth Avenue North Maryville, TN 37804 Nashville, TN 37243-0493 Tammy Harrington Assistant District Attorney General 363 Court Street Maryville, TN 37804 Judge:WADE First Paragraph: The defendant, Marty Thatcher, was convicted in a bench trial of aggravated assault. The trial court imposed a Range I, four-year sentence, suspended after service of seven months in the county jail, and declared the defendant eligible for work release. The issues on appeal are whether the trial court erred by ordering the defendant to serve a portion of his term in custody or erred by denying community corrections. We find no error and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Thatchrm_opn.WP6
DAVID ALLEN THURMAN VS. STATE OF TENNESSEE ORDER Court:TCCA Judge:Ogle First Paragraph: This matter is before the Court on the State's motion requesting that the judgment in the above-styled case be affirmed pursuant to Ct. of Crim. App. Rule 20. The petitioner appeals the trial court's denial of post-conviction relief. On April 2, 1981, the petitioner pled guilty to burglary, grand larceny, and felonious assault. He received an effective sentence of five (5) years. On July 21, 1981, petitioner pled guilty to forgery and receiving stolen property. The trial court ordered that his sentences in these cases run concurrently with the previous sentences. On January 23, 1996, the petitioner filed a petition for post-conviction relief. The post-conviction court initially held the case in abeyance until the Tennessee Supreme Court issued an opinion in Carter v. State, 952 S.W.2d 417 (Tenn. 1997). Thereafter, on February 11, 1998, the post-conviction court dismissed the petition as being barred by the statute of limitations. On March 9, 1998, the petitioner appealed the post-conviction court's judgment. The petitioner contends that Tenn. Code Ann. S 40-30-201 provided a one year window of opportunity, expiring on May 10, 1996, in which he could file a petition for post-conviction relief. We conclude that this is an appropriate case for affirmance pursuant to Rule 20. http://www.tba.org/tba_files/TCCA/Thurman_20.WP6
DONALD R. WEST VS. STATE OF TENNESSEE ORDER Court:TCCA Judge:OGLE 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 Ct. of Crim. App. Rule 20. On September 23, 1998, the petitioner, Donald R. West, filed a "Petition for Writ of Habeas Corpus or, in the Alternative, Motion to Dismiss Illegal Sentence, and Re-Sentence According to the Law." In his petition, the petitioner alleged that the trial court had improperly applied enhancement and mitigating factors in determining his sentence. On November 18, 1998, pursuant to the State's motion, the trial court summarily dismissed the petitioner's petition. On December 9, 1998, the petitioner appealed the trial court's judgment. We conclude that this is an appropriate case for affirmance pursuant to Rule 20. http://www.tba.org/tba_files/TCCA/West20_wpd.WP6
STATE OF TENNESSEE VS. JAMES C. WOLFORD Court:TCCA Attorneys: For the Appellant: For the Appellee: Don W. Poole John Knox Walkup Poole, Thornbury, Morgan & Attorney General and Reporter Richardson 732 Cherry Street R. Stephen Jobe Chattanooga, TN 37402 Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 William H. Cox III District Attorney General Bates William Bryan, Jr. Asst. District Attorney General 600 Market Street Third Floor, Court Building Chattanooga, TN 37402 Judge:HAYES First Paragraph: The appellant, James C. Wolford, appeals the revocation of his sentence of periodic confinement by the Hamilton County Criminal Court resulting in the reinstatement of his original sentence of four years in the Department of Correction. http://www.tba.org/tba_files/TCCA/Wolfordj_opn.WP6
WILLIAM TERRY WYATT VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: WILLIAM TERRY WYATT, pro se JOHN KNOX WALKUP Southeastern Tennessee State Attorney General & Reporter Regional Correctional Facility Route 4, Box 600 ELIZABETH B. MARNEY Pikeville, TN 37367-9243 Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 Judge:WOODALL First Paragraph: The Petitioner, William Terry Wyatt, appeals the trial court's dismissal of his pro se petition for writ of habeas corpus. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Wyatt_wpd.WP6

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