June 18, 1999
Volume 5 -- Number 083

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):
 
02 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

						
LARRY ANTHONY BOSHEERS
VS.
SPONTEX, INC. AND/OR TOTAL U.S.

Court:TSC

JUDGMENT

Judge:HAMILTON

First Paragraph:

This case is before the Court upon motion for review pursuant to Tenn.
Code Ann. S 50-6-225(e)(5)(B), the entire record, including the order of
referral to the Special Workers' Compensation Appeals Panel, and the
Panel's Memorandum Opinion setting forth its findings of fact and
conclusions of law, which are incorporated herein by reference;
Whereupon, it appears to the Court that the motion for review is not
well taken and should be denied; and It is, therefore, ordered that the
Panel's findings of fact and conclusions of law are adopted and
affirmed, and the decision of the Panel is made the judgment of the
Court. Costs will be paid by defendant-appellant, for which execution
may issue if necessary. IT IS SO ORDERED.

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






CHARLES C. JONES
VS.
TRIDON, WAUSAU INSURANCE 
COMPANY, ROYAL INSURANCE
COMPANY and LIBERTY MUTUAL
INSURANCE COMPANY

Court:TSC

JUDGMENT                          

Judge:CORLEW

First Paragraph:

This case is before the Court upon motion for review pursuant to Tenn.
Code Ann. S 50-6-225(e)(5)(B), the entire record, including the order of
referral to the Special Workers' Compensation Appeals Panel, and the
Panel's Memorandum Opinion setting forth its findings of fact and
conclusions of law, which are incorporated herein by reference;
Whereupon, it appears to the Court that the motion for review is not
well taken and should be denied; and It is, therefore, ordered that the
Panel's findings of fact and conclusions of law are adopted and
affirmed, and the decision of the Panel is made the judgment of the
Court. Costs will be paid by appellant, for which execution may issue if
necessary. IT IS SO ORDERED.

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






STATE OF TENNESSEE
VS.
REGINALD ALLAN GILLESPIE

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:                  FOR THE APPELLEE:

GREG W. EICHELMAN                   JOHN KNOX WALKUP
Office of the Public Defender       Attorney General and Reporter
1609 College Park Drive, Box 11
Morristown, TN  37813-1618          SANDY C. PATRICK
                                    Assistant Attorney General
                                    425 Fifth Avenue North
                                    Nashville, TN.  37243-0943
            
                                    C. BERKELEY BELL
                                    District Attorney General
            
                                    ERIC D. CHRISTIANSEN
                                    Assistant District Attorney
                                    109 South Main Street
                                    Greeneville, TN.  37743
                        
Judge:SMITH

First Paragraph:

The appellant, Reginald Allan Gillespie, was convicted by a Greene
County jury of one (1) count of possession of with the intent to sell
more than 0.5 grams of cocaine, a Class B felony, one (1) count of
simple possession of marijuana, a Class A misdemeanor, and one (1) count
of unlawful possession of a weapon, a Class E felony.  He was sentenced
as a Range I, standard offender to ten (10) years for possession of
cocaine with the intent to sell, one (1) year for unlawful possession of
a weapon and eleven (11) months and twenty-nine (29) days for possession
of marijuana.  On appeal, Appellant raises three issues: 
1) whether the trial court properly denied Appellant's motion to
suppress the evidence seized in the search of Appellant's person;

2)  whether there was sufficient evidence at trial to support the jury's
verdict; and

3) whether the trial court erred in imposing his sentences.

After a review of the record before this Court, we affirm the judgment
of the trial court.

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






MICHAEL LEE MCCORMICK
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:                          
FOR THE APPELLEE:              FOR THE APPELLANT:

T. MAXFIELD BAHNER             JOHN KNOX WALKUP
1000 Tallan Building           Attorney General & Reporter
Two Union Square
Chattanooga, TN 37402          MICHAEL E. MOORE
                               Solicitor General
MICHAEL E. RICHARDSON
202 Market Court               DON UNGURAIT (at hearing)
Chattanooga, TN 37402          Deputy Attorney General
                               450 James Robertson Parkway
                               Nashville, TN 37243  

                               KENNETH W. RUCKER (on appeal)
                               Assistant Attorney General
                               425 Fifth Avenue North
                               Nashville, TN 37243
                               
                               WILLIAM H. COX, III                                                                             
                               District Attorney General

                               JOSEPH A. REHYANSKI
                               Asst. District Attorney General
                               600 Market Street - Court Bldg.
                               Chattanooga, TN 37402
                               
Judge:WITT

First Paragraph:

The State of Tennessee appeals the Hamilton County Criminal Court's 
grant of post-conviction relief to the petitioner, Michael Lee
McCormick.  In 1987, a Hamilton County jury convicted the petitioner of
the 1985 first degree murder of Donna Jean Nichols.  The jury imposed
the death penalty based upon its finding that the murder was committed
for the purpose of avoiding, interfering with or preventing a lawful
arrest or prosecution of the defendant.  See Tenn. Code Ann.
S39-2-203(I)(6) (1982) (repealed 1989).  The conviction and sentence
were affirmed by the Tennessee Supreme Court in State v. McCormick, 778
S.W.2d 48 (Tenn. 1989).  On May 20, 1990, the petitioner filed the
petition for post-conviction relief presently under review.  After an
evidentiary hearing, the post-conviction court ordered a new trial based
upon its findings that the petitioner had received ineffective
assistance of counsel in both the guilt and penalty phases of the trial.

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






STATE OF TENNESSEE
VS.
TRACEY PENDERGRASS

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:
    
    L. THOMAS AUSTIN
    M. KEITH DAVIS
    P.O. Box 666
    Dunlap, TN   37327-0666

FOR THE APPELLEE:
    
    PAUL G. SUMMERS
    Attorney General and Reporter
    
    TODD R. KELLEY
    Assistant Attorney General
    Cordell Hull Building, 2nd Floor
    425 Fifth Avenue North
    Nashville, TN  37243-0493
    
    JAMES MICHAEL TAYLOR
    District Attorney General
    
    WILL DUNN
    Assistant District Attorney General
    265 Third Ave., Ste. 300
    Dayton, TN   37321
    
Judge:RILEY

First Paragraph:

A Bledsoe County jury convicted the defendant, Tracey Pendergrass, of
aggravated child abuse, a Class B felony.  The trial court sentenced her
to ten years imprisonment.  In this appeal as of right, defendant
contends that she is entitled to a new trial because the sequestered
jury was exposed to improper communications prior to reaching its
verdict.  Upon our review of the record, we AFFIRM the judgment below.

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






STATE OF TENNESSEE
VS.
ROBERT DOUGLAS TARNOSKY

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:          FOR THE APPELLEE:

GERALD L. MELTON            PAUL G. SUMMERS
Public Defender             Attorney General & Reporter

RUSSELL N. PERKINS          CLINTON J. MORGAN
Assistant Public Defender   Counsel for the State
201 West Main Street, Ste.  101 425 Fifth Avenue North
Murfreesboro, TN  37130     Nashville, TN  37243

                            WILLIAM WHITESELL, JR.
                            District Attorney General
                            3rd Floor Judicial Building
                            Murfreesboro, TN  37130
                        
Judge:SMITH

First Paragraph:

The appellant, Robert Douglas Tarnosky, was convicted after a bench
trial in the Rutherford County Circuit Court of one (1) count of driving
under the influence of an intoxicant.  See Tenn. Code Ann. S
55-10-401(a)(1).  He also pled guilty to one (1) count of driving on a
suspended license.  On appeal, he claims that the evidence was
insufficient to sustain the trial court's finding of guilt beyond a
reasonable doubt.  After a thorough review of the record before this
Court, we affirm the trial court's judgment pursuant to Rule 20 of the
Tennessee Court of Criminal Appeals.

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

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