March 18, 1999
Volume 5 -- Number 036

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
03 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
09 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

		




WILLIAM HERRON
VS.
HORNADY TRUCK LINES, INC.
Court:TSC - Workers Comp Panel
Attorneys:                          
For the Appellant:          For the Appellee:
Michael A. Anderson         C. Douglas Dooley
HORTON, MADDOX &            LEITNER, WILLIAMS, DOOLEY &
    ANDERSON, PLLC          NAPOLITAN, PLLC
835 Georgia Ave, Ste 600    3rd Floor, Pioneer Building
Chattanooga, TN 37402       Chattanooga, TN 37402

Judge:INMAN

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.


http://www.tba.org/tba_files/TSC_WCP/Herron_wc3.WP6


ALLAN ROBERT KOTOUC VS. STAR KNITWEAR, INC., and/or STAR KNITWEAR, LLC. Court:TSC - Workers Comp Panel Attorneys: For the Appellants: For the Appellee: G. David Allen, Jr. Richard A. Schulman Allen, Kopet & Boyd, PLLC Patrick, Beard, Schulman P. O. Box 23583 & Jacoway, P.C. Chattanooga, TN 37422 537 Market Street, Suite 202 Chattanooga, TN 37402 Judge:INMAN First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. http://www.tba.org/tba_files/TSC_WCP/Kotouc_wc3.WP6
J. R. WEST VS. MAYTAG, INC. Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Denny E. Mobbs James F. Logan, Jr. P. O. Box 192 30 Second Street 55-1/2 First Street, NE P. O. Box 191 Cleveland, TN 37364-0192 Cleveland, TN 37363-0191 Judge:INMAN First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. http://www.tba.org/tba_files/TSC_WCP/West_wc3.WP6
MICHELLE BALL, for herself and as next of kin of MIRANDA K. BALL, deceased VS. HAMILTON COUNTY EMERGENCY MEDICAL SERVICES Court:TCA Attorneys: For Appellant For Appellee MICHAEL E. RICHARDSON RHEUBIN M. TAYLOR Poole, Thornbury, Morgan Hamilton County Attorney & Richardson Chattanooga, Tennessee Chattanooga, Tennessee MARY NEILL SOUTHERLAND Assistant Hamilton County Attorney Chattanooga, Tennessee Judge:SUSANO First Paragraph: This civil action was filed by Michelle Ball ("Ms. Ball") against Hamilton County Emergency Medical Services ("HCEMS") and others, seeking damages for the wrongful death of Ms. Ball's 16-month-old daughter, Miranda K. Ball ("Miranda"). The suit against HCEMS brought into play the provisions of the Governmental Tort Liability Act. Following a bench trial, the court dismissed the complaint as to HCEMS, finding that HCEMS did not have a duty to transport Miranda to the hospital in the face of her mother's decision that the child's condition was not such as to require a trip to the hospital. http://www.tba.org/tba_files/TCA/ballm_opn.WP6
STEVEN RAY COLEMAN VS STATE OF TENNESSEE Court:TCA Attorneys: RAYMOND W. FRALEY, JR. JOHNNY D. HILL, JR. 205 East Market Street Post Office Box 572 Fayetteville, Tennessee 37334 ATTORNEYS FOR PLAINTIFF/APPELLANT JOHN KNOX WALKUP Attorney General and Reporter MICHAEL E. MOORE Solicitor General MARY M. BERS Assistant Attorney General Civil Rights and Claims Division Cordell Hull Building, Second Floor 426 Fifth Avenue North Nashville, Tennessee 37243 ATTORNEYS FOR DEFENDANT/APPELLEE Judge: CAIN First Paragraph: This appeal involves the jurisdiction of the Tennessee Claims Commission. Plaintiff appeals the dismissal by the Claims Commission of his claim filed under Tennessee Code Annotated section 9-8-307(a)(1)(M) on the basis that the Claims Commission lacks subject matter jurisdiction. For the reasons stated in this opinion, we affirm the decision of the Claims Commission to dismiss this claim. http://www.tba.org/tba_files/TCA/Colemans_opn.WP6
RANDY L. HENSLEY VS TENNESSEE DEPARTMENT OF CORRECTION, Court:TCA Attorneys: RANDY L. HENSLEY #099477 NECX POB 5000 Mountain City, Tennessee 37683 PRO SE JOHN KNOX WALKUP Attorney General and Reporter MICHAEL E. MOORE Solicitor General MICHAEL L. HAYNIE Assistant Attorney General Civil Rights and Claims Division Second Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, Tennessee 37243 ATTORNEYS FOR DEFENDANT/APPELLEE Judge: COTTRELL First Paragraph: This appeal involves a state prisoner's challenge to his current and continued incarceration. Mr. Hensley contends that he is entitled to the benefit of the 1989 Sentencing Reform Act's lesser sentence for robbery armed with a deadly weapon, rather than the sentence of life imprisonment imposed at the time of his conviction in 1984. He also contends he is entitled, as a matter of law, to certain sentence reduction credits. Finally, he contends that, taken together, the downward adjustments of his sentence on the basis of these two contentions would entitle him to be immediately released from custody. The trial court granted the Department of Correction's motion to dismiss pursuant to Rule 12.02(6) of the Tennessee Rules of Civil Procedure. We affirm the dismissal of the prisoner's petition because it fails to state a claim upon which relief can be granted. http://www.tba.org/tba_files/TCA/Hensley_opn.WP6
JERRY HUGHES and NANCY VS. LUMBERMENS MUTUAL CASUALTY COMPANY, INC.,Intervening Plaintiff, VS. BRIDGESTONE/FIRESTONE, INC. Court:TCA Attorneys: WILLIAM C. CREMINS, Knoxville, and RANDY W. JAMES, AARON N. WOODS and LISA C. BECKLEY, RISJORD & JAMES, P.C., Overland Park, Kansas, for Plaintiffs-Appellants. ERNEST A. PETROFF and KELLI L. THOMPSON, BAKER, DONELSON, BEARMAN & CALDWELL, Knoxville, and THOMAS R. WOODROW and ROBERT W. VYVERBERG, BURKE, WEAVER & PRELL, Chicago, IL, for Defendant-Appellee. Judge: FRANKS First Paragraph: In this products liability action, the jury returned a verdict for the defendant which the Trial Judge approved, and plaintiffs have appealed. http://www.tba.org/tba_files/TCA/Hughesj_opn.WP6
CONCURRING OPINION: http://www.tba.org/tba_files/TCA/Hughes_cd.WP6
Jeffrey Mobley, in his capacity as Conservator and Receiver for Janet Gail Levine March VS. LAWRENCE E. LEVINE, CAROLYN R. LEVINE Court:TCA Attorneys: MARK H. LEVINE 350 South Grand Avenue, Ste. 3600 Los Angeles, CA 90071-3442 JON E. JONES 345 S. Jefferson Avenue, 4th Floor Cookeville, TN 38503-0699 Attorneys for Appellant JOEL M. LEEMAN 3rd Floor, 230 Fourth Avenue North Nashville, TN 37219-8888 Attorney for Appellee Judge: CLEMENT First Paragraph: This case involves the assets of an absentee's estate under Tenn. Code Ann. S 30-3-201, et seq. After appointing a conservator for the estate, the Probate Court of Davidson County approved the sale of the absentee's major asset, and the distribution of part of the proceeds to the absentee's husband, who is a suspect in her disappearance. The absentee's parents, appearing on their own behalf and as next friend of the absentee, attack the lower court's order on both procedural and substantive grounds. The conservator and the absentee's husband challenge the parents standing to appeal the lower court's order. We find that the appellants had standing to object to the settlement and that the distribution to the husband is not justified by the proof. Accordingly, we reverse the lower court's order and remand the cause for further proceedings. http://www.tba.org/tba_files/TCA/Marchjgl_opn.WP6
STATE OF TENNESSEE DONNA RANDOLPH VS JOHN R. POTEET Court:TCA Attorneys: JOHN KNOX WALKUP Attorney General and Reporter TAMMY L. KENNEDY SUE A. SHELDON Assistant Attorneys General 2nd Floor, Cordell Hull Building 425 Fifth Avenue, North Nashville, Tennessee 37243 ATTORNEYS FOR PETITIONER/APPELLANT RANKIN P. BENNETT 107 South Washington Avenue Cookeville, Tennessee 38501-3547 ATTORNEY FOR RESPONDENT/APPELLEE Judge:CAIN First Paragraph: In this case the mother of a sixteen year old boy appeals the action of the trial court in applying a downward deviation from child support guidelines. http://www.tba.org/tba_files/TCA/Randlphd_opn.WP6
CONCURRING OPINION: http://www.tba.org/tba_files/TCA/Randolph_con.WP6
JOHN J. VILLANUEVA VS TENNESSEE DEPARTMENT OF CORRECTION Court:TCA Attorneys: JOHN J. VILLANUEVA #117376 NECX POB 5000 Mountain City, Tennessee 37683 PRO SE JOHN KNOX WALKUP Attorney General and Reporter MICHAEL E. MOORE Solicitor General PAMELA S. LORCH Assistant Attorney General Civil Rights and Claims Division Second Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, Tennessee 37243 ATTORNEYS FOR DEFENDANT/APPELLEE Judge:COTTRELL First Paragraph: This appeal involves a state prisoner's challenge to his continued incarceration. The prisoner contends that he is entitled to the benefit of the 1989 Sentencing Reform Act's allegedly lesser sentence for the crime of which he was convicted, rather than the life sentence imposed upon him as a habitual offender at the time of his conviction in 1987. The trial court granted the Department's Motion for Summary Judgment dismissing the prisoner's petition. We affirm the trial court's judgment. http://www.tba.org/tba_files/TCA/Villanue_opn.WP6
STATE OF TENNESSEE VS CHARLES SCOTT ASHWORTH Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN KNOX WALKUP ERIC L. DAVIS Attorney General and Reporter 317 Main Street, Ste. 208 and Reporter Franklin, TN 37064 LISA A. NAYLOR Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 JOE D. BAUGH, JR. District Attorney General LEE E. DRYER Assistant District Attorney P. O. Box 937 Franklin, TN 37064 Judge:SMITH First Paragraph: On November 10, 1997, Appellee Charles Scott Ashworth was indicted by the Williamson County Grand Jury for one count of possession of a controlled substance with intent to sell. On December 2, 1997, Appellee filed a motion to suppress the marijuana that was discovered during a search of his vehicle and a subsequent written statement that he gave to police. By orders dated March 16 and 19, 1998, the trial court granted Appellee's motion to suppress. The State challenges the trial court's suppression of the evidence. After a review of the record, we reverse the judgment of the trial court and remand this matter for further findings of fact. http://www.tba.org/tba_files/TCCA/Ashwchar_opn.WP6
STATE OF TENNESSEE VS. LONNIE CANNON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: W. ZANE DANIEL JOHN KNOX WALKUP DANIEL & OBERMAN Attorney General & Reporter Nationsbank Building, STE 950 550 West Main Avenue ELLEN H. POLLACK Knoxville, TN 37902 Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 RANDALL E. NICHOLS District Attorney General MARSHA SELECMAN Assistant District Attorney General City-County Building Knoxville, TN 37902 Judge:WOODALL First Paragraph: The Defendant, Lonnie Cannon, appeals as of right following his conviction and sentencing in the Knox County Criminal Court. Defendant was charged in a six-count indictment with offenses ranging from attempted murder to aggravated assault. The jury acquitted the Defendant of all charges except for reckless aggravated assault. http://www.tba.org/tba_files/TCCA/Cannonl_opn.WP6
STATE OF TENNESSEE VS. NATHAN LEE COLQUIT Court:TCCA Attorneys: For the Appellant: For the Appellee: Ardena J. Garth John Knox Walkup District Public Defender Attorney General of Tennessee and and Karla G. Gothard Elizabeth B. Marney Assistant Public Defender Assistant Attorney General of Tennessee 701 Cherry St., Suite 300 425 Fifth Avenue North Chattanooga, TN 37402 Nashville, TN 37243-0493 (AT TRIAL) William H. Cox, III Ardena J. Garth District Attorney General District Public Defender and and Bates Bryan, Jr. Donna Robinson Miller Rebecca J. Stern Assistant Public Defender Assistant District Attorneys General 701 Cherry St., Suite 300 County-City Building, Third Floor Chattanooga, TN 37402 600 Market Street (ON APPEAL) Chattanooga, TN 37402 Judge: TIPTON First Paragraph: The defendant, Nathan Lee Colquit, appeals as of right from his convictions by a jury in the Hamilton County Criminal Court of aggravated burglary, a Class C felony, and aggravated robbery, a Class B felony. For the aggravated burglary conviction, he was sentenced as a Range III, persistent offender to fifteen years confinement to be served in the custody of the Department of Correction. For the aggravated robbery conviction, he was sentenced as a Range II, multiple offender to fifteen years confinement to be served in the custody of the Department of Correction. The sentences were ordered to be served concurrently. http://www.tba.org/tba_files/TCCA/Colquitn_opn.WP6
LARRY E. DAVIS VS STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: LARRY B. HOOVER JOHN KNOX WALKUP 500 Church St., Suite 500 Attorney General & Reporter Nashville, TN 37219 KIM R. HELPER Asst. Attorney General John Sevier Bldg. 425 Fifth Ave., North Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General NICHOLAS D. BAILEY Asst. District Attorney General 222 Second Ave., North Suite 500 Nashville, TN 37201-1649 Judge: PEAY First Paragraph: In 1993, the petitioner was convicted of aggravated rape, aggravated assault, aggravated burglary, and aggravated robbery. This Court affirmed the petitioner's convictions and sentence. See State v. Gregory Lamont Turner, No. 01C01- 9402-CR-00068, Davidson County (Tenn. Crim. App. filed November 15, 1995, at Nashville). Nine months later, the petitioner filed a petition for post-conviction relief, alleging inter alia that his trial counsel rendered ineffective assistance and that the State violated his due process by withholding exculpatory evidence. After an evidentiary hearing, the post-conviction court denied the petitioner relief. We affirm the post-conviction court's order. http://www.tba.org/tba_files/TCCA/Davisle_opn.WP6
STATE OF TENNESSEE VS MONROE JOE HARGROVE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: SAM WALLACE, SR. JOHN KNOX WALKUP 227 Second Avenue North Attorney General and Reporter Nashville, TN 37201 KAREN M. YACUZZO Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 VICTOR S. JOHNSON District Attorney General SHARON BROX Assistant District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201-1469 Judge: WELLES First Paragraph: The Defendant was convicted of the misdemeanor offenses of disorderly conduct, evading arrest, resisting arrest, and three counts of assault. In this appeal he argues that the evidence introduced against him is insufficient to support his convictions and that he received an excessive sentence. We disagree and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Hargromj_ord.WP6
TOM HARRIS VS STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Thomas F. Bloom John Knox Walkup Attorney at Law Attorney General and Reporter 500 Church Street, 5th Fl Nashville, TN 37219 Kim R. Helper Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building William C. Roberts, Jr. Nashville, TN 37243-0493 Suite 2121, Parkway Towers Nashville, TN 37219 Victor S. (Torry) Johnson III (AT TRIAL) District Attorney General Diane S. Lance Asst. District Attorney General Washington Square, STE 500 222 2nd Avenue North Nashville, TN 37219 Judge: HAYES First Paragraph: The appellant, Tom Harris, appeals the dismissal of his petition for post-conviction relief by the Davidson County Criminal Court. The post-conviction court dismissed the petition finding that the claims alleged were barred by the statute of limitations, and, otherwise, without merit. After review, we affirm. http://www.tba.org/tba_files/TCCA/Harrist_opn.WP6
EDDIE L. HOWARD VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN G. WHETSTONE, P.C. JOHN KNOX WALKUP 502 North Jackson Street Attorney General and Reporter Morristown, TN 37814 TIMOTHY F. BEHAN Assistant Attorney General 425 Fifth Avenue N. Nashville, TN 37243 C. BERKELEY BELL District Attorney General JOHN DUGGER Assistant District Attorney 510 Alliston St. Morristown, TN 37814 Judge:SMITH First Paragraph: On November 29, 1995, a Hamblen County jury convicted Appellant Eddie L. Howard, Jr., of four counts of selling .5 or more grams of a Schedule II controlled substance. After a sentencing hearing on the same day, the trial court imposed a sentence of nine years for each conviction, with two of the sentences to be served consecutively. http://www.tba.org/tba_files/TCCA/Howarded_opn.WP6
STATE OF TENNESSEE VS. REGINALD C. JOHNSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: SHAWN GRAHAM (Trial) JOHN KNOX WALKUP Asst. Dist. Public Defender Attorney General & Reporter 419 High Street Maryville, TN 37804 ELIZABETH B. MARNEY Assistant Attorney General GERALD C. RUSSELL (on Appeal) 425 Fifth Avenue North 125 E. Broadway Avenue Nashville, TN 37243 Maryville, TN 37804 PHILIP MORTON Asst. Dist. Attorney General 363 Court Street Maryville, TN 37804 Judge:WITT First Paragraph: The defendant, Reginald C. Johnson, appeals from a Blount County Circuit Court jury conviction of delivery of cocaine in excess of 0.5 grams, a Class B felony. The trial court imposed a Range II sentence of fourteen years incarceration in the Tennessee Department of Correction and imposed the jury-recommended fine of $36,000. http://www.tba.org/tba_files/TCCA/Johnsonr_opn.WP6
STATE OF TENNESSEE VS THOMAS HARLAN MARTIN, Court:TCCA Attorneys: For the Appellant: For the Appellee: Gregory D. Smith John Knox Walkup Contract Appellate Defender Attorney General and Reporter One Public Square, STE 321 Clarksville, TN 37040 Clinton J. Morgan Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Michael D. Randles Nashville, TN 37243-0493 Assistant Public Defender 218 North Street Shelbyville, TN 37160 William Michael McCown District Attorney General (AT TRIAL) Robert G. Crigler Asst. District Attorney General One Public Square, STE 300 Shelbyville, TN 37160 Judge:HAYES First Paragraph: The appellant, Thomas Harlan Martin, appeals his Bedford County jury conviction for misdemeanor assault. The trial court subsequently imposed a sentence of eleven months, twenty-nine days with a release eligibility of seventy-five percent. In his sole issue on appeal, he contends that the evidence is insufficient as a matter of law to sustain his conviction. After review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Martinth_opn.WP6
STATE OF TENNESSEE VS CASSANDRA MCKISSACK Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CHARLES S. RAMSEY, JR. JOHN KNOX WALKUP 114 North Spring Street Attorney General and Reporter Manchester, TN 37355 GEORGIA BLYTHE FELNER Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 MICKEY LAYNE District Attorney General KENNETH SHELTON, JR. Assistant District Attorney P. O. Box 147 Manchester, TN 37355 Judge:SMITH First Paragraph: On April 16, 1997, Appellant Cassandra McKissack pleaded guilty to one count of theft over $10,000.00. On October 15, 1997, the trial court sentenced Appellant as a Range I standard offender to a term of four years in the Tennessee Department of Correction. Appellant challenges her sentence, raising the following issues: 1) whether her sentence is excessive; and 2) whether she was entitled to probation. After a review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Mckissca_opn.WP6
STATE OF TENNESSEE VS FREDERICK NEBLETT Court:TCCA Attorneys: For the Appellant: For the Appellee: Regan L. Rudland John Knox Walkup Asst. Public Defender Attorney General and Reporter 117 East Main Street Gallatin, TN 37066 Clinton J. Morgan Assistant Attorney General David Allen Doyle Criminal Justice Division District Public Defender 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 Lawrence Ray Whitley District Attorney General Dee Gay Asst. District Attorney General Cordell Hull Building Gallatin, TN 37066 Judge: HAYES First Paragraph: The appellant, Frederick Neblett, appeals the judgment of the Sumner County Criminal Court revoking his Community Correction sentence and reinstating the original sentence of four years in the Department of Correction. Specifically, the appellant contends that the trial court improperly relied upon "unreliable hearsay," an uncertified facsimile transmission of an arrest warrant, as the sole basis for revoking the appellant from his non-incarcerative status. After a review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Neblettf_opn.WP6
WILLIAM H. NECESSARY, JR. VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Roger A. Woolsey Charles W. Burson 118 South Main Street Attorney General of Tennessee Greeneville, TN 37743 and Karen M. Yacuzzo Assistant Attorney General of Tennessee 425 Fifth Avenue North Nashville, TN 37243-0493 David E. Crockett District Attorney General Rt. 19, Box 99 Johnson City, TN 37601 and Kent Garland Assistant District Attorney General P.O. Box 38 Jonesborough, TN 37659 Judge: TIPTON First Paragraph: The petitioner, William H. Necessary, Jr., appeals as of right from the denial of post-conviction relief by the Criminal Court for Washington County. He is attacking a forty-year sentence that he is presently serving for aggravated rape. He contends (1) that he received the ineffective assistance of counsel, (2) that his conviction should be set aside because of evidence that the victim recanted her testimony, and (3) that the trial court erred at the evidentiary hearing by refusing to allow two witnesses to testify about the victim's inconsistent statements concerning the aggravated rape. We affirm the trial court's denial of relief. http://www.tba.org/tba_files/TCCA/Ncesarwh_opn.WP6
STATE OF TENNESSEE VS MICHAEL J. RUSSO Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: F. MICHIE GIBSON, JR. JOHN KNOX WALKUP 1416 Parkway Towers Attorney General and Reporter 404 James Robertson Pkwy Nashville, TN 37219 TIMOTHY BEHAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 VICTOR S. JOHNSON District Attorney General SHARON BROX Assistant District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201-1649 Judge: WELLES First Paragraph: The Defendant, Michael J. Russo, appeals as of right his conviction for the first degree premeditated murder of his wife. The only assignment of error for review is the sufficiency of the convicting evidence, which Defendant contends does not support a finding of premeditation beyond a reasonable doubt. We disagree, and we affirm the verdict of the jury as approved by the trial court. http://www.tba.org/tba_files/TCCA/Russomj_opn.WP6
STATE OF TENNESSEE VS CLIFTON D. WALLEN, Court:TCCA Attorneys: For Appellant: For Appellee: R. Russell Mattocks John Knox Walkup Office of the Public Defender Attorney General and Reporter Third Judicial District 1609 College Park Drive, Box 11 Clinton J. Morgan Morristown, TN 37813-1618 Counsel for the State (on appeal & elbow 425 Fifth Avenue, North counsel at trial) Cordell Hull Building, Second Floor Clifton D. Wallen, pro se Nashville, TN 37243-0493 P.O. Box 549 Whiteville, TN 38075 Michelle Green (at trial) and Doug Godbee Assistant District Attorneys General Hawkins County Courthouse Rogersville, TN 37857 Judge:WADE First Paragraph: The defendant, Clifton D. Wallen, who was convicted of violating an order declaring him a motor vehicle habitual offender, was also convicted of evading arrest while operating a motor vehicle. Both offenses are Class E felonies. Tenn. Code Ann. SS 55-10-616, 39-16-603(b)(1). The trial court imposed consecutive, Range I sentences of two years for each offense. The defendant was fined $750.00. http://www.tba.org/tba_files/TCCA/Wallencd_opn.WP6

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