May 4, 1999
Volume 5 -- Number 059

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
00 New Opinion(s) from the Tennessee Court of Appeals
09 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 BRYANT
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:                          
For Appellant:              For Appellee:

Charles Bryant              John Knox Walkup
MCRCF-BMCX                  Attorney General and Reporter
P.O. Box 2000               425 Fifth Avenue North
Wartburg, TN  37887         Nashville, TN  37243-0493

                            Ellen H. Pollack
                            Assistant Attorney General
                            Criminal Justice Division
                            425 Fifth Avenue North
                            Nashville, TN  37243-0493

Judge:OGLE

First Paragraph:

The petitioner, Charles Bryant, appeals the Monroe County Criminal
Court's summary dismissal of his petition for a writ of habeas corpus
on February 13, 1998.  The petitioner alleged in his petition that he
should have been sentenced pursuant to the Criminal Sentencing Reform
Act of 1982, and that his sentences are illegal and void.  In
contrast, in this appeal as of right, the petitioner asserts for the
first time that he is entitled to additional sentencing credits. 
After a review of the record, we affirm the judgment of the trial
court.

http://www.tba.org/tba_files/TCCA/Bryant_hab.WP6


WAYNE DAVIDSON VS. CHARLIE JONES Court:TCCA Attorneys: For Appellant For Appellee Charles B. Hill, II John Knox Walkup P.O. Box 852 Attorney General and Reporter Kingston, TN 37763 450 James Robertson Parkway Nashville, TN 37243-0493 Elizabeth B. Marney Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Charles E. Hawk District Attorney General P.O. Box 703 Kingston, TN 37763 Judge:OGLE First Paragraph: The petitioner, Wayne Davidson, appeals the Morgan County Circuit Court's summary dismissal of his petition for a writ of habeas corpus on August 20, 1997. In this appeal as of right the petitioner raises the following issue: Whether the trial court erred by dismissing his petition for a writ of habeas corpus without a hearing. After a review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Davidson_doc.WP6
WILLIAM LEE HENDERSON VS. STATE OF TENNESSEE and FLORA J. HOLLAND, WARDEN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: WILLIAM LEE HENDERSON PAUL G. SUMMERS Pro Se Attorney General and Reporter 7575 Cockrill Bend Industrial Rd Nashville, TN 37209-1057 KIM R. HELPER Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 VICTOR S. JOHNSON District Attorney General Washington Square Building 222 Second Avenue North Nashville, TN 37201 Judge:WELLES First Paragraph: The Defendant, William Lee Henderson, appeals from the summary dismissal of his petition for habeas corpus relief. The Defendant was convicted of robbery, kidnapping with intent to rob, and criminal sexual conduct in the first degree. His direct appeal to the state supreme court was entertained in 1981, and he subsequently filed a writ of habeas corpus in 1998, alleging, in part, ineffective assistance of counsel. The petition was dismissed on July 2, 1998. http://www.tba.org/tba_files/TCCA/Henderso_opn.WP6
STATE OF TENNESSEE VS. ROY A. JORDAN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JAMES ROBIN MCKINNY, JR. JOHN KNOX WALKUP One Washington Square Attorney General and Reporter Suite 103 214 Second Avenue North ELIZABETH B. MARNEY Nashville, TN 37201 Assistant Attorney General 425 Fifth Avenue North TOMMY TRAVIS OVERTON Nashville, TN 37243 213 Third Avenue North Nashville, TN 37201 VICTOR S. JOHNSON District Attorney General BERNARD MCEVOY Assistant District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201-1649 Judge:WELLES First Paragraph: The Defendant, Roy A. Jordan, was found guilty of vehicular homicide and sentenced to ten years. He now appeals his conviction, pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. The Defendant presents two issues on appeal: (1) whether the evidence was sufficient to support the jury's finding of guilt beyond a reasonable doubt; and (2) whether the trial court properly denied his motion to suppress the results of his blood alcohol test. http://www.tba.org/tba_files/TCCA/Jordanr_opn.WP6
STATE OF TENNESSEE VS. MICHAEL D. KEEN Court:TCCA Attorneys: FOR THE APPELLANT: DAVID A. DOYLE District Public Defender 117 East Main Street Gallatin, TN 37066-2801 (On appeal) JOHN D. PELLEGRIN 113 West Main Street Gallatin, TN 37066-3231 (At trial) FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter ELIZABETH B. MARNEY Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 LAWRENCE RAY WHITLEY District Attorney General SALLIE W. BROWN Assistant District Attorney General 113 West Main Street Suite 300 Gallatin, TN 37066-2803 Judge:RILEY First Paragraph: A Sumner County jury convicted defendant, Michael D. Keen, of two counts of incest, Class C felonies. The trial court sentenced him as a Range I standard offender to six years incarceration for each conviction, consecutive. On this appeal as of right, defendant raises the following issues: 1. whether the trial court erred in allowing testimony about other sex crimes allegedly committed by him; 2. whether the trial court erred in allowing fresh complaint testimony; 3. whether the trial court erred in allowing his psychiatrist and psychiatric social worker to testify about certain matters; 4. whether his trial counsel was ineffective; and 5. whether his sentence is excessive. Upon our review of the record, we REVERSE AND REMAND for retrial one of defendant's convictions, and AFFIRM the other conviction and sentence. http://www.tba.org/tba_files/TCCA/Keenmd_opn.WP6
STATE OF TENNESSEE VS. DANIEL NORRIS Court:TCCA Attorneys: For Appellant: For Appellee: Julia A. Martin John Knox Walkup P.O. Box 426 Attorney General and Reporter Knoxville, TN 37901-0426 (on appeal) Elizabeth B. Marney Assistant Attorney General Terry L. Jordan 425 Fifth Avenue North Assistant Public Defender Second Floor, Cordell Hull Building 266 Blountville Bypass Nashville, TN 37243 Blountville, TN 37617 Teresa Murray-Smith Assistant District Attorney General P.O. Box 526 Blountville, TN 37617 Judge:WADE First Paragraph: The defendant, Daniel Norris, entered a plea of guilt to attempted rape of a child, a Class B felony. Tenn. Code Ann. SS 39-12-101, -107(a), & 39-13-522. The trial court imposed a Range I sentence of eight years. The single issue for review is whether the trial court erred by denying an alternative sentence. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Norrisd_opn.WP6
JAMES E. SWIGGETT VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JAMES E. SWIGGETT (pro se) JOHN KNOX WALKUP 168336 NECC Attorney General & Reporter P.O. Box 5000 Mountain City, TN 37683-5000 ELLEN H. POLLACK Assistant Attorney General 425 Fifth Ave. N., 2d Floor Nashville, TN 37243-0493 C. BERKELEY BELL, JR. District Attorney General 109 S. Main St., Suite 501 Greeneville, TN 37743 Judge:WITT First Paragraph: The petitioner, James E. Swiggett, appeals from the Greene County Criminal Court's order dismissing his petition for post-conviction relief. In 1992, a jury convicted the petitioner of first degree murder and sentenced him to life imprisonment. He appealed his conviction, and this court affirmed on November 23, 1994. See State v. James (Jim) Swiggett, No. 03C01-9209-CR-00312 (Tenn. Crim. App., Knoxville, Nov. 23, 1994), perm. app. denied (Tenn. Mar. 27, 1995). On March 16, 1998, he filed a pro se petition for post-conviction relief alleging that he was ineffectively assisted by counsel when a suppression issue was not adjudicated on direct appeal because the appellate record did not include the record of the trial court's findings and conclusions of law on the suppression issue. The court below found the petition barred by the statute of limitations and dismissed the action. The petitioner contends that his petition is not barred by the statute of limitations because of Burford v. State, 845 S.W.2d 204 (Tenn. 1992), and Sands v. State, 903 S.W.2d 297 (Tenn. 1995). Following a review of the record and the briefs of the parties, we affirm the trial court's dismissal of the petition. http://www.tba.org/tba_files/TCCA/Swiggett_opn.WP6
STATE OF TENNESSEE VS. TINA SWINDLE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: TERRY J. CANADY PAUL G. SUMMERS Suite 400, Attorney General & Reporter 211 Printer's Alley Bldg. Nashville, TN 37201 ELIZABETH B. MARNEY Assistant Attorney General 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243 LILA STATOM BILL REED Asst. District Attorneys General Washington Sq.Two - Ste. 500 222 Second Avenue, North Nashville, TN 37201 Judge:WITTc First Paragraph: The defendant, Tina Swindle, appeals from two of the four convictions she received after a jury trial in the Davidson County Criminal Court. The defendant was convicted of the following offenses: Count: Offense: Sentence: 1) Facilitation of rape of a child 10 years (2) Facilitation of rape of a child 8 years (3) Aggravated sexual battery 8 years (4) Aggravated sexual battery 8 years All of the convictions constitute Class B felonies, and the defendant was sentenced as a Range I, standard offender. All of these sentences were imposed to run concurrently. The defendant appeals only from the convictions of aggravated sexual battery. The single issue on appeal is whether the defendant was denied her rights to a trial by jury when the trial court failed to instruct the jury as to the offense of assault. After a review of the record, the briefs of the parties, and the applicable law, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Swindlet_opn.WP6
STATE OF TENNESSEE VS. DIANE TAYLOR Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Mark E. Stephens John Knox Walkup District Public Defender Attorney General & Reporter 1209 Euclid Avenue 425 Fifth Avenue North Knoxville, TN 37921 Nashville, TN 37243-0493 Paula R. Voss Todd R. Kelley Assistant Public Defender Assistant Attorney General 1209 Euclid Avenue 425 Fifth Avenue North Knoxville, TN 37921 Nashville, TN 37243-0493 (On Appeal) Randall E. Nichols Julia C. Auer District Attorney General Assistant Public Defender 400 Main Street 1209 Euclid Avenue Knoxville, TN 37901-1468 Knoxville, TN 37921 (At Trial) William J. Blevins Assistant District Attorney General 400 Main Street Knoxville, TN 37901-1468 Judge:LAFFERTY First Paragraph: The defendant, Diane Taylor, indicted for six counts of passing worthless checks, a Class D felony, entered pleas of guilty in four of the six counts. A sentencing hearing was requested for the trial court to determine if each count should be served concurrently or consecutively with prior unserved sentences in Kentucky. The trial court ordered the sentences to be served concurrently with each other but consecutively to the Kentucky sentences. http://www.tba.org/tba_files/TCCA/Taylord_opn.WP6

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