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May 6, 1999
Volume 5 -- Number 061
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):
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| 00 |
New Opinion(s) from the Tennessee Supreme Court |
| 01 |
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 |
| 12 |
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
CHRISTOPHER SCOTT SLACK
VS.
G.UB.MK CONSTRUCTORS and ARGONAUT INSURANCE COMPANY
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Larry B. Nolen, P.C. Kristi D. McKinney
106 Washington Avenue NE Kennerly, Montgomery & Finley, P.C.
Athens, TN 37303 4th Floor, NationsBank Center
P. O. Box 442
Knoxville, TN 37901
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.
The plaintiff alleged that he injured his low back while lifting on
February 14, 1996 in a job-related accident. After receiving the
testimony by deposition of Dr. David Hague, the trial judge found that
the plaintiff's back problems were congenital and not attributable to
his employment. The complaint was dismissed and the plaintiff
appeals.
http://www.tba.org/tba_files/TSC_WCP/Slack_wc3.WP6
STATE OF TENNESSEE
VS.
JOHN A. CHAPMAN
Court:TCCA
Attorneys:
FOR THE APPELLANT FOR THE APPELLEE
Howell G. Clements John Knox Walkup
Spears, Moore, Rebman & Williams, P.C. Attorney General & Reporter
P.O. Box 1759
Chattanooga, TN 37401 Erik W. Daab
Assistant Attorney General
Jane M. Stahl Criminal Justice Division
Shumacker & Thompson, P.C. 425 Fifth Avenue North
701 Market Street, Suite 500 Nashville, TN 37243
Chattanooga, TN 37402
Judge:BYERS
First Paragraph:
On October 16, 1997, the defendant was found guilty in a jury trial of
first degree murder, aggravated rape, and aggravated robbery. He was
sentenced to serve life imprisonment for first degree murder to run
concurrently with fifteen years for aggravated rape and twelve years
for aggravated robbery. These sentences were ordered to be served
consecutively to sentences the defendant had previously received for
first degree murder, aggravated sexual battery, and aggravated
kidnapping.
http://www.tba.org/tba_files/TCCA/Chapmanj_cca.WP6
HUBERT J. ROBBINS
VS.
DAVID G. MILLS, Warden
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
HUBERT J. ROBBINS, pro se PAUL G. SUMMERS
P.O. Box 1000 Attorney General & Reporter
Petros, TN 37845
ELLEN H. POLLACK
Assistant Attorney General
425 Fifth Avenue North
2nd Floor, Cordell Hull Bldg.
Nashville, TN 37243
J. SCOTT McCLUEN
District Attorney General
FRANK A. HARVEY
Assistant District Attorney
P.O. Box 703
Kingston, TN 37763
Judge:CLARK
First Paragraph:
The appellant, Hubert J. Robbins, an inmate at Brushy Mountain State
Prison, appeals the Morgan County Circuit Court's summary dismissal of
his pro se petition for writ of habeas corpus. The trial court
granted the state's motions to dismiss the petition without the
appointment of counsel or an evidentiary hearing. Upon review, we
affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Doc1_doc.WP6
CHARLES RAY DOWLING
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
STEVE MERRITT JOHN KNOX WALKUP
Attorney at Law Attorney General & Reporter
116 E. Harper Ave.
Maryville, TN 37804 GEORGIA BLYTHE FELNER
Counsel for the State
425 Fifth Ave. N., 2d Floor
Nashville, TN 37243-0493
MICHAEL L. FLYNN
District Attorney General
EDWARD P. BAILEY, JR.
Asst. District Attorney General
363 Court St.
Maryville, TN 37804
Judge:WITT
First Paragraph:
The petitioner, Charles Ray Dowling, filed this post-conviction action
attacking his especially aggravated burglary and aggravated assault
convictions. He alleged that he received ineffective assistance of
counsel, but for which he would not have entered guilty pleas. At the
post-conviction hearing, the testimony of the petitioner and his trial
attorney differed sharply on the material points. After receiving the
evidence, the trial court accredited the evidence offered by the state
over that presented by the petitioner. Thus, the petitioner failed to
carry his burden of proof, and the petition was dismissed. See McBee
v. State, 655 S.W.2d 191, 195 (Tenn. Crim. App. 1983). Upon our
review of this appeal, we have determined that the petitioner has
failed to demonstrate that the evidence preponderates against the
trial court's findings. See Butler v. State, 798 S.W.2d 898, 899
(Tenn. 1990). Moreover, we have discerned no apparent error of law
which requires reversal of the judgment. See Tenn. R. Ct. Crim. App.
20.
http://www.tba.org/tba_files/TCCA/Dowlingc_opn.WP6
STATE OF TENNESSEE
VS.
DAVID J. FORRESTER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
TERRY J. LEONARD JOHN KNOX WALKUP
9 North Court Square Attorney General and Reporter
P. O. Box 957
Camden, TN 38320 KIM R. HELPER
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
DAN ALSOBROOKS
District Attorney General
GEORGE SEXTON
Assistant District Attorney
Room 206
Waverly, TN 37185
Judge: SMITH
First Paragraph:
In December of 1996, Appellant David J. Forrester was indicted by the
Humphreys County Grand Jury for attempted rape of a child and for
aggravated sexual battery. On July 25, 1997, Appellant filed a motion
to suppress a pretrial statement that he gave to state investigators.
The trial court denied the motion after a hearing on August 25, 1997.
On August 28, 1997, Appellant was convicted of aggravated sexual
battery. After a sentencing hearing on December 9, 1997, the trial
court sentenced Appellant to a term of ten years in the Tennessee
Department of Correction.
http://www.tba.org/tba_files/TCCA/Forresda_opn.WP6
HOWARD GLENN HUMPHREY
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
LEROY PHILLIPS, JR. JOHN KNOX WALKUP
PHILLIPS & CAPUTO Attorney General & Reporter
312 Vine Street
Chattanooga, TN 37403 R. STEPHEN JOBE
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
WILLIAM H. COX, III
District Attorney General
BATES W. BRYAN, JR.
Assistant District Attorney General
600 Market Street, Suite 310
Chattanooga, TN 37402
Judge:WOODALL
First Paragraph:
The Petitioner, Howard Glenn Humphrey, appeals as of right the trial
court's dismissal of his petition for post-conviction relief. After a
careful review of the record, we reverse and remand to the trial court
for an evidentiary hearing on the grounds raised in the petition and
all amendment thereto.
http://www.tba.org/tba_files/TCCA/Hmphryhg_opn.WP6
STATE OF TENNESSEE
VS.
JOHNELL HOSKINS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JAMES V. MONDELLI JOHN KNOX WALKUP
5115 Maryland Way Attorney General & Reporter
Brentwood, TN 37027
TIMOTHY BEHAN
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
RONALD L. DAVIS
District Attorney General
DEREK SMITH
Assistant District Attorney General
P.O. Box 937
Franklin, TN 37065-0937
Judge:WILLIAMS
First Paragraph:
The defendant, Johnell Hoskins, pleaded guilty to two counts of
statutory rape and was sentenced to two years in the Tennessee
Department of Correction for each count, with his sentences to run
concurrently. The defendant appeals, arguing that these sentences are
excessive and that the trial court erred in denying his request for
alternative sentencing. We AFFIRM the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Hoskins_wpd.WP6
DONALD R. JONES
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DONALD R. JONES JOHN KNOX WALKUP
Pro Se Attorney General and Reporter
Carter County Annex
Caller #1 ELLEN H. POLLACK
Roan Mountain, TN 37687 Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
DAVID CROCKETT
District Attorney General
KENNETH C. BALDWIN
Assistant District Attorney
Carter County Justice Center
Elizabethton, TN 37643
Judge:SMITH
First Paragraph:
On February 10, 1997, Appellant Donald R. Jones filed a petition for
habeas corpus relief in the Carter County Criminal Court. On February
25, 1997, the trial court dismissed the petition because it failed to
state a claim upon which relief could be granted. Appellant
challenges the dismissal of his petition. After a review of the
record, we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Jonesdon_opn.WP6
COREY ADAMS KENNERLY
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
FLOYD DON DAVIS JOHN KNOX WALKUP
201 First Avenue, N.W. Attorney General and Reporter
Winchester, TN 37398
KIM R. HELPER
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
J. MICHAEL TAYLOR
District Attorney General
STEVEN M. BLOUNT
Assistant District Attorney General
1002 East Main Street
Decherd, TN 37324
Judge:WELLES
First Paragraph:
The Defendant, Corey Adams Kennerly, appeals the trial court's denial
of his petition for post-conviction relief. On October 28, 1996,
Defendant pleaded guilty to first degree felony murder and especially
aggravated robbery. Pursuant to the plea agreement, the trial court
sentenced Defendant to life imprisonment with the possibility of
parole for felony murder and twenty years for especially aggravated
robbery, to be served concurrent to his life sentence.
http://www.tba.org/tba_files/TCCA/Kennerca_opn.WP6
DARRELL BUTCH LAWS
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DARRELL BUTCH LAWS, pro se JOHN KNOX WALKUP
T.D.O.C. #90595 Attorney General & Reporter
P.O. Box 5000
Mountain City, TN 37683 ELIZABETH B. MARNEY
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
JOE C. CRUMLEY, JR.
District Attorney General
114 Alf Taylor Road
Johnson City, TN 37601
Judge:WOODALL
First Paragraph:
The Petitioner, Darrell Butch Laws, appeals as of right the trial
court's dismissal of his petition for writ of habeas corpus. After a
careful review of the record, we affirm the judgment of the trial
court.
http://www.tba.org/tba_files/TCCA/Lawsdb_opn.WP6
STATE OF TENNESSEE
VS.
SAM NEELY
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Nancy G. Wallace Charles W. Burson
6 Public Square North Attorney General of Tennessee
Murfreesboro, TN 37130 and
Christina S. Shevalier
Assistant Attorney General of Tennessee
425 Fifth Avenue North
Nashville, TN 37243-0493
William C. Whitesell, Jr.
District Attorney General
and
John Price
Assistant District Attorney General
Judicial Building
Murfreesboro, TN 37130
Judge:TIPTON
First Paragraph:
The defendant, Sam Neely, appeals as of right from his convictions for
reckless endangerment with a deadly weapon and passing a worthless
check in the amount of $808.20, both Class E felonies. The
convictions were the result of two separate, unrelated jury trials in
the Rutherford County Circuit Court. However, the records from both
cases were commingled below so as to reflect a single, consolidated
appeal.
http://www.tba.org/tba_files/TCCA/Neelys_opn.WP6
JAMES A. SLAUGHTER
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT:
JOHN E. HERBISON
2016 Eighth Ave. South
Nashville, TN 37204-2202
(On appeal)
WILLIAM SCOTT SIMS
2700 First American Center
Nashville, TN 37238-2700
(At hearing)
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
VICTOR S. JOHNSON III
District Attorney General
BRET GUNN
Assistant District Attorney General
500 Washington Square
222 Second Ave. North
Nashville, TN 37201-1649
Judge:RILEY
First Paragraph:
Petitioner, James A. Slaughter, appeals as of right the denial of his
petition for post-conviction relief. A Davidson County jury convicted
the petitioner of four counts of selling more than twenty-six grams of
cocaine, Class B felonies, and one count of conspiracy to sell or
deliver over 300 grams of cocaine, a Class A felony.
http://www.tba.org/tba_files/TCCA/Slaughte_opn.WP6
STATE OF TENNESSEE
VS.
ROBERT M. SNEED
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Robert M. Sneed, Pro Se John Knox Walkup
1817 Oakwood Drive Attorney General of Tennessee
Kingsport, TN 37664 and
Todd R. Kelley
Assistant Attorney General of Tennessee
425 Fifth Avenue North
Nashville, TN 37243-0493
H. Greeley Welles, Jr.
District Attorney General
P.O. Box 526
Blountville, TN 37617-0526
Judge:TIPTON
First Paragraph:
The defendant, Robert M. Sneed, appeals as of right from the judgment
of the Sullivan County Criminal Court declaring him to be a habitual
motor vehicle offender, thereby barring him from operating a motor
vehicle on the highways of Tennessee. He raises various issues
dealing with (1) the sufficiency of the evidence of the predicate
convictions, (2) the constitutionality of the convicting, sentencing,
and Motor Vehicle Habitual Offender (MVHO) proceedings, particularly
regarding due process and double jeopardy, and (3) the failure of the
trial court to appoint him counsel for this appeal. We affirm the
trial court.
http://www.tba.org/tba_files/TCCA/Sneedrm_opn.WP6
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