May 19, 1999
Volume 5 -- Number 067

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
04 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


STATE OF TENNESSEE
VS.
MARSHA ARNOLD

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:          FOR THE APPELLEE:


ROBERT S. PETERS            PAUL G. SUMMERS
100 First Ave., Southwest   Attorney General & Reporter
Winchester, TN  37398
                            CLINTON J. MORGAN
                            Asst. Attorney General
                            John Sevier Bldg.
                            425 Fifth Ave., North                                       
                            Nashville, TN  37243-0493
    
                            CHARLES M. LAYNE
                            District Attorney General

                            KENNETH SHELTON, JR.
                            Asst. District Attorney General                             
                            P.O. Box 147
                            Manchester, TN  37349

Judge:PEAY

First Paragraph:

The defendant pled guilty to possession of marijuana with intent to sell
or deliver and was sentenced to one month in county jail and one year,
eleven months in the community corrections program.  She now appeals,
arguing that the trial court imposed an excessive sentence and erred in
denying a full alternative sentence.  We affirm the trial court's
sentencing order on this count.

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





STATE OF TENNESSEE
VS.
JUAN JEROME BRYAN

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:                  FOR THE APPELLEE:


DAVID A. COLLINS                    PAUL G. SUMMERS
211 Printers Alley Bldg., 4th Fl.   Attorney General & Reporter
Nashville, TN 37201
                                    MARVIN E. CLEMENTS, JR.
                                    Asst. Attorney General
                                    John Sevier Bldg.
                                    425 Fifth Ave., North                                       
                                    Nashville, TN  37243-0493
            
                                    VICTOR S. JOHNSON, III
                                    District Attorney General
        
                                    SHARON BROX
                                    Asst. District Attorney General                             
                                    Washington Square, Suite 500
                                    222 Second Ave. North
                                    Nashville, TN 37201-1649

Judge:PEAY

First Paragraph:

The defendant pled guilty to four counts of theft of property over ten
thousand dollars ($10,000) but under sixty thousand dollars ($60,000), a
Class C felony, and one count of theft of property over one thousand
dollars ($1000) but under ten thousand dollars ($10,000), a Class D
felony.  Following a sentencing hearing, the trial court sentenced him
as a Range I standard offender to five years in prison for each Class C
felony and four years in prison for the Class D felony.  The sentences
on three of the Class C felonies were to run consecutively, with all
other sentences running concurrently, for an effective sentence of
fifteen years.  The defendant now appeals, arguing that the trial court
imposed an excessive sentence, erred in ordering some of the sentences
to run consecutively, and erred in denying alternative sentencing. 
Finding no reversible error, we affirm.

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





STATE OF TENNESSEE
VS.
DOUGLAS FLINT DILLARD

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:          FOR THE APPELLEE:


JAMES ROBIN McKINNEY, JR.   JOHN KNOX WALKUP
214 Second Ave., North      Attorney General & Reporter
Suite 103
Nashville, TN 37201         LUCIAN D. GEISE
                            Asst. Attorney General
                            John Sevier Bldg.
                            425 Fifth Ave., North                                       
                            Nashville, TN  37243-0493
    
                            VICTOR S. JOHNSON, III
                            District Attorney General

                            GEORGE BONDS
                            Asst. District Attorney General                             
                            222 Second Ave., North
                            Suite 500
                            Nashville, TN 37201

Judge:PEAY

First Paragraph:

After being convicted for driving under the influence, second offense,
the defendant was sentenced to eleven months, twenty-nine days, with
forty-five days to be served in jail and the balance on probation.  The
defendant was also prohibited from driving a motor vehicle for two years
and ordered to pay a six hundred dollar ($600) fine.  Ten months later,
a probation violation warrant was issued.  Following a revocation
hearing, the defendant's probation was revoked and he was ordered to
serve 120 days in jail.  He now appeals, arguing that the trial court
abused its discretion in revoking his probation.  Finding no merit to
the defendant's claim, we affirm.

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





HAROLD L. FITTS
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:          FOR THE APPELLEE:


RICHARD HEDGEPATH, JR.      JOHN KNOX WALKUP
4800 Charlotte Pike         Attorney General & Reporter
Nashville, TN 37209
                            MARVIN E. CLEMENTS, JR.
                            Asst. Attorney General
                            John Sevier Bldg.
                            425 Fifth Ave., North
                            Nashville, TN  37243-0493
    
                            VICTOR S. JOHNSON, III
                            District Attorney General

                            ROGER MOORE
                            Asst. District Attorney General
                            Washington Square, Suite 500
                            222 Second Ave., North
                            Nashville, TN 37219-1649

Judge:PEAY

First Paragraph:

The petitioner was charged with aggravated rape, incest, sexual battery,
assault, and two counts of rape.  In June 1997, he entered a best
interest plea to attempted aggravated rape and was sentenced as a Range
I standard offender to ten years in the Department of Correction.  All
other charges were dismissed.  In September 1997, he filed a petition
for post-conviction relief and a subsequent amendment alleging
ineffective assistance of counsel.  The trial court entered an order
denying relief, and the petitioner appealed.  Finding no merit to the
petitioner's arguments, we affirm.

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


						

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