May 7, 1999
Volume 5 -- Number 062

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
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

						
						
JAMES R. BOYD
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:          FOR THE APPELLEE:

ROBERT J. MENDES            JOHN KNOX WALKUP
Cummins Station, Ste 507    Attorney General and Reporter
209 Tenth Avenue South
Nashville, TN 37203         KAREN M. YACUZZO
                            Assistant Attorney General
GLENN DUKES                 425 Fifth Avenue North
306 Gay Street, Suite 400   Nashville, TN 37243
Nashville, TN 37201
                            VICTOR S. JOHNSON
                            District Attorney General
    
                            NICHOLAS BAILEY
                            Assistant District Attorney General
                            Washington Square, Suite 500
                            222 Second Avenue North
                            Nashville, TN 37201

Judge: WELLES

First Paragraph:

This is an appeal as of right pursuant to Rule 3 of the Tennessee Rules
of Appellate Procedure.   The Defendant, James R. Boyd, appeals from the order of the trial court denying him post-conviction relief.  We affirm the denial of relief by the trial court.

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



GARRY E. COLLINS VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: B. KEITH WILLIAMS JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter BRODY N. KANE TIMOTHY BEHAN Attorney at Law Assistant Attorney General Taylor, Taylor, Lannom 2nd Floor, Cordell Hull Building & Williams 425 Fifth Avenue North 102 East Main Street Nashville, TN 37243 Lebanon, TN 37087 TOM P. THOMPSON, JR. District Attorney General DAVID DURHAM Assistant District Attorney General 119 South College Street Lebanon, TN 37087-3609 Judge:WOODALL First Paragraph: In this case, the Petitioner/Appellant, Garry E. Collins, appeals the order of the Wilson County Criminal Court dismissing his petition for post-conviction relief. Petitioner argues that his trial counsel was ineffective. http://www.tba.org/tba_files/TCCA/Collinsg_opn.WP6
JAMES GORDON COONS, III, VS. STATE OF TENNESSE Court:TCCA Attorneys: For Appellant: For Appellee: John T. Conners, III John Knox Walkup P.O. Box 1451 Attorney General and Reporter Franklin, TN 37065-1451 425 Fifth Avenue North Nashville, TN 37243-0493 Timothy Behan Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243-0493 Jon Seaborg Assistant District Attorney General Washington Square, Suite 500 222 2nd Avenue North Nashville, TN 37201-1649 Judge:OGLE First Paragraph: The petitioner, James Gordon Coons, III, appeals the dismissal of his petition for post-conviction relief by the Davidson County Criminal Court. On April 25, 1996, the petitioner pled guilty in the Davidson County Criminal Court to kidnapping and aggravated assault. Pursuant to a plea agreement, the trial court imposed an effective sentence of six years and one day incarceration in the Tennessee Department of Correction. http://www.tba.org/tba_files/TCCA/Coons_pos.WP6 WITH CONCURRING OPINION: http://www.tba.org/tba_files/TCCA/Coons_con.WP6
STATE OF TENNESSEE VS. GEORGE DENNIS FIELDS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: KARL DEAN JOHN KNOX WALKUP District Public Defender Attorney General & Reporter JEFFREY A. DeVASHER TIMOTHY BEHAN Assistant Public Defender Assistant Attorney General (On Appeal) 2nd Floor, Cordell Hull Building 425 Fifth Avenue North RICHARD TENNENT Nashville, TN 37243 Assistant Public Defender 1202 Stahlman Building ELIZABETH T. RYAN Nashville, TN 37201 Assistant Attorney General (At Trial) VICTOR S. JOHNSON, III District Attorney General ROGER MOORE Assistant District Attorney General Washington Square, Suite 500 222 2nd Avenue North Nashville, TN 37201-1649 Judge:WOODALL First Paragraph: The Defendant, George Dennis Fields, appeals as of right following his sentencing in the Davidson County Criminal Court. Defendant pled guilty to solicitation to commit first degree murder. No agreement was determined as to the length or manner of service of the sentence. The trial court sentenced Defendant as a Range I Standard Offender to eleven(11) years of incarceration. Defendant filed a timely notice of appeal. Subsequently, Defendant timely filed a motion for reduction of his sentence pursuant to Rule 35(b) of the Tennessee Rules of Criminal Procedure. Following the denial of this motion, Defendant filed a separate appeal. Both appeals were consolidated by order of this court. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Fieldsgd_opn.WP6
STEVEN CRAIG GRIFFIN VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: WILLIAM C. ROBERTS (at hearing) JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter 222 Second Ave. N., Ste. 360M Nashville, TN 37201 KIM R. HELPER Assistant Attorney General DWIGHT E. SCOTT (on appeal) 425 Fifth Ave. N., 2d Floor Attorney at Law Nashville, TN 37243-0493 4024 Colorado Ave. Nashville, TN 37209 VICTOR S. JOHNSON, III District Attorney General KYMBERLY HAAS JOHN SEABORG Asst. District Attorneys General 222 Second Ave. N., Ste. 500 Nashville, TN 37201 Judge:WITT First Paragraph: The petitioner, Steven Craig Griffin, appeals from the Davidson County Criminal Court's dismissal of his petition for post-conviction relief. Griffin is presently serving an effective 85-year sentence for his convictions of kidnapping and six counts of aggravated rape. State v. Steven Craig Griffin, No. 01C01-9404- CR-00144, slip op. at 2 (Tenn. Crim. App., Nashville, June 28, 1995). In this appeal, Griffin attacks the lower court's determination that he received the effective assistance of counsel at trial. Having reviewed the record, the briefs of the parties, and the applicable law, we affirm the lower court's dismissal. http://www.tba.org/tba_files/TCCA/Griffins_opn.WP6
STATE OF TENNESSEE VS. RAYMOND HALE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JEFFREY A. DEVASHER JOHN KNOX WALKUP Assistant Public Defender Attorney General and Reporter (On Appeal) DARYL J. BRAND JOAN A. LAWSON Senior Counsel Assistant Public Defender 425 Fifth Avenue North (At Trial) Nashville, TN 37201-1649 1202 Stahlman Building Nashville, TN 37201 VICTOR S. JOHNSON District Attorney General DAN HAMM SHARON BROX Assistant District Attorneys 222 Second Avenue North Nashville, TN 37201-1649 Judge: SMITH First Paragraph: The appellant, Raymond A. Hale, Jr., was convicted by a Davidson County jury of one (1) count of robbery, a Class C felony. The trial court sentenced him as a Range I offender to five (5) years in community corrections and ordered that Appellant's sentence run consecutively to his sentence on an unrelated offense for which he was on probation at the time the present offense was committed. http://www.tba.org/tba_files/TCCA/Haleraym_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

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