June 02, 1999
Volume 5 -- Number 076

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):
 
01 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


GREG WILLIAMS
VS.
SUBURBAN MANUFACTURING
Court:TSC

Attorneys:                          
For Plaintiff:                      For Defendant:

Alexander W. Gothard                William A. Lockett
Hatcher, Johnson, Meaney & Gothard  Michael A. Kent
Chattanooga, Tennessee              Cleary & Lockett
                                    Chattanooga, Tennessee
Judge:LOSER

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann.
section 50-6-225(e)(3) for hearing and reporting of findings of fact and
conclusions of law.  In this appeal, the employee or claimant, Williams,
insists the evidence preponderates against the trial court's denial of
medical benefits and temporary total disability benefits.  The employer,
Suburban, insists the evidence preponderance against the trial court's
finding that the employee suffered an injury by accident and that the
claim should be disallowed because the employee failed to give notice of
his claim as required by Tenn. Code Ann. section 50-6-201.  As discussed
below, the panel has concluded the judgment should be affirmed.

http://www.tba.org/tba_files/TSC/Willvsub_doc.WP6






AARON M. BRYANT
VS.
STATE OF TENNESSEE
Court:TCCA

Attorneys:                          
AARON M. BRYANT (pro se)            JOHN KNOX WALKUP    
South Central Correctional Center   Attorney General & Reporter
P.O. Box 279            
Clifton, TN 38425-5346              ELLEN H. POLLACK
                                    Assistant Attorney General
                                    425 Fifth Ave. N., 2d Floor
                                    Nashville, TN  37243-0493
        
                                    VICTOR S. (TORRY) JOHNSON III
                                    District Attorney General
            
                                    STEVE R. DOZIER
                                    Assistant District Attorney
                                    Washington Square
                                    222 Second Ave. N., Suite 500
                                    Nashville, TN 37201-1649

Judge:WITT

First Paragraph:

The petitioner, Aaron M. Bryant, appeals from the Wayne County Criminal
Court's order dismissing his petition for habeas corpus relief.  The
petitioner pleaded guilty to aggravated sexual battery, and the trial
court imposed a sentence of confinement for ten years in the Department
of Correction.  On May 6, 1998, he filed a pro se petition for habeas
corpus relief.   The trial court denied habeas corpus relief because it
found that the petitioner did not assert grounds which would entitle him
to the writ of habeas corpus.  The petitioner alleges that his
conviction is based on a defective indictment.  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/Bryantam_opn.WP6






STATE OF TENNESSEE
VS.
HEATHER DENISE CURRY

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:      FOR THE APPELLEE:

RICHARD McGEE           JOHN KNOX WALKUP
601 Woodland Street     Attorney General and Reporter
Nashville, TN 37206
                        MARVIN E. CLEMENTS, JR.
                        Assistant Attorney General
                        425 Fifth Avenue North
                        Nashville, TN 37243

                        JOE D. BAUGH, JR.
                        District Attorney General

                        LEE DRYER
                        DEREK SMITH
                        Assistant District Attorneys General
                        P.O. Box 937
                        Franklin, TN 37065-0937

Judge:WELLES

First Paragraph:

On February 29, 1998, the Defendant, Heather Denise Curry, was indicted
on charges of attempted theft and criminal impersonation.  On April 6,
1998, she pleaded guilty to attempted theft, and as part of her
negotiated plea agreement, the charge of criminal impersonation was
"nolle prossed."  The agreement called for the trial judge to determine
her sentence, and the Defendant requested judicial diversion.  On August
20, 1998, the trial court denied her request and sentenced her to two
years' confinement, suspended, with four years on supervised probation. 
The Defendant now appeals her sentence, pursuant to Rule 3 of the
Tennessee Rules of Appellate Procedure.  The sole issue for our
consideration on appeal is whether the trial court erred by denying the
Defendant's request for judicial diversion.  We affirm the judgment of
the trial court.

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






STATE OF TENNESSEE
VS.
CALVIN EUGENE HEAD

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:                  FOR THE APPELLEE:

MICHAEL R. JONES                    JOHN KNOX WALKUP
19th District Public Defender       Attorney General & Reporter
110 Sixth Avenue, West
Springfield, TN 37172               ELIZABETH B. MARNEY
                                    Assistant Attorney General
                                    425 Fifth Avenue North
                                    Nashville, TN 37243
    
                                    JOHN WESLEY CARNEY, JR.
                                    District Attorney General
    
                                    HELEN O. YOUNG
                                    Assistant District Attorney 
                                    General
                                    204 Franklin Street, Suite 200
                                    Clarksville, TN 37040                          
                               
                                    STEVE GARRETT
                                    Assistant District Attorney 
                                    General
                                    500 South Main Street
                                    Springfield, TN 37172    
                                    
Judge:WITT

First Paragraph:

The defendant, Calvin Eugene Head, appeals from his Montgomery County
Circuit Court conviction and from the resulting sentence by the trial
court.  A jury convicted the defendant of the Class C felony of
possession of cocaine with intent to sell, and after a sentencing
hearing, the trial court imposed a Range I sentence of five years
confinement in the Tennessee Department of Correction and ordered  the
sentence to be served consecutively to a ten-year sentence previously
imposed upon the defendant in an unrelated Montgomery County robbery
case.  In this appeal, the defendant challenges the sufficiency of the
convicting evidence and asserts that the trial court erred in sentencing
him to a five-year sentence to be served consecutively to the previous
ten-year sentence.  After a review of the record, the applicable law,
and the briefs of the parties, we affirm the judgment of the trial
court.

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






STATE OF TENNESSEE
VS.
PAUL CARR MOSS, JR.

Court:TCCA

Attorneys:                          
For Appellant:                  For Appellee:

Gregory D. Smith                John Knox Walkup 
Contract Appellate Defender     Attorney General and Reporter
One Public Square, Suite 321
Clarksville, TN  37040          Kim R. Helper
(on appeal)                     Assistant Attorney General
                                425 Fifth Avenue, North 
Michael R. Jones                Cordell Hull Building, Second Floor
Public Defender                 Nashville, TN  37243-0493
113 6th Avenue West
Springfield, TN  37172          Dan Alsobrooks
(at trial and on appeal)        District Attorney General Pro Tem

                                William J. Bradley Lockert, III
                                and
                                James W. Kirby
                                Assistant District Attorneys General
                                105 Sycamore Street
                                Ashland City, TN  37015-1806
                        
Judge:WADE

First Paragraph:

The defendant, Paul Carr Moss, Jr., was indicted for the first degree
murder of his wife, Peggy Ann Moss.  He was convicted of second degree
murder, a Class A felony.  Tenn. Code Ann. S 39-13-210.  The trial court
imposed a Range I sentence of twenty-five years.  The defendant was
fined $50,000.00.

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






STATE OF TENNESSEE
VS.
BARRY WADDELL

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:                  FOR THE APPELLEE:

LIONEL R. BARRETT, JR.              JOHN KNOX WALKUP 
Washington Square Two, Suite 418    Attorney General & Reporter
222 Second Avenue North
Nashville, TN  37201                DARYL J. BRAND 
(On Appeal Only)                    Assistant Attorney General
                                    2nd Floor, Cordell Hull Building
DIANNE TURNER                       425 Fifth Avenue North 
Trial Lawyers Building              Nashville, TN  37243
430 Third Avenue North, Suite 101
Nashville, TN  37201-1111           VICTOR S. JOHNSON, III
(At Trial Only)                     District Attorney General

DAVID A. COLLINS                    WILLIAM REED 
211 Printers Alley Bldg, Ste 400    Asst District Attorney General
Nashville, TN 37201                 Washington Square, Suite 500
(At Trial Only)                     222 2nd Avenue North 
                                    Nashville, TN  37201-1649
                            
Judge:WOODALL

First Paragraph:

The Defendant, Barry Waddell, appeals as of right from his conviction in
the Davidson County Criminal Court.  After a jury trial, Defendant was
convicted of two (2) counts of rape of a child (Counts 1 and 2) and two
(2) counts of aggravated sexual battery (Counts 3 and 4).  Defendant was
sentenced to twenty-five (25) years for each count of rape of a child
and ten (10) years for each count of aggravated sexual battery, with all
sentences to be served consecutively, for an effective sentence of
seventy (70) years.  Defendant argues that the trial court improperly
sentenced him to the maximum period of incarceration for his rape of a
child convictions and erred in ordering his sentences to be served
consecutively.  We affirm in part, and reverse and modify in part.

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

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