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July 23, 1999
Volume 5 -- Number 103
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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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 |
| 08 |
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
VIDA NELL BAILEY
VS.
CARHARTT, INC. AND AMERICAN
MOTORIST INSURANCE CO.
Court:TSC
JUDGMENT ORDER
Judge:WEATHERFORD
First Paragraph:
This case is before the Court upon 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 Memorandum Opinion of the
Panel should be accepted and approved; 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 defendants/appellants, for which execution
may issue if necessary. IT IS SO ORDERED on July 22, 1999. PER CURIAM
http://www.tba.org/tba_files/TSC/Baily_jo.WP6
ALMA PRISCILLA GROOMS
VS.
HYPERION SEATING CORP
Court:TSC
JUDGMENT ORDER
Judge:WEATHERFORD
First Paragraph:
This case is before the Court upon 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 Memorandum Opinion of the
Panel should be accepted and approved; 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 on July 22, 1999. PER CURIAM
http://www.tba.org/tba_files/TSC/Grms_jo.WP6
JERRY W. BURTON
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Jerry W. Burton, pro se Paul G. Summers
#086470 Attorney General & Reporter
Northeast Correctional Complex
P. O. Box 5000 Ellen H. Pollack
Mountain City, TN 37683 Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
Judge:GLENN
First Paragraph:
The defendant, Jerry W. Burton, has filed a petition for writ of habeas
corpus, alleging that his convictions are void because no elements of
the offenses for which he was convicted occurred in Hawkins County,
Tennessee, where he was prosecuted. Based upon our review of this
matter, we affirm the holding of the trial court in dismissing his
petition for writ of habeas corpus.
http://www.tba.org/tba_files/TCCA/Burtonjw_opn.WP6
BOBBY L. CRUM
VS.
FLORA J. HOLLAND, Warden
Court:TCCA
Attorneys:
FOR THE APPELLANT:
BOBBY L. CRUM, Pro Se
#00095044
Special Needs Facility
7575 Cockrill Bend Industrial Rd.
Nashville, TN 37209-1057
FOR THE APPELLEE:
MICHAEL E. MOORE
Solicitor General
LUCIAN D. GEISE
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
VICTOR S. JOHNSON III
District Attorney General
JON P. SEABORG
Assistant District Attorney General
Washington Square
222-2nd Avenue North, Suite 500
Nashville, TN 37201-1649
Judge:RILEY
First Paragraph:
Appellant, BOBBY L. CRUM, appeals the trial court's summary dismissal of
his petition for writ of habeas corpus. Appellant asserts his 1981
conviction and life sentence for aggravated kidnapping are void since
this Court did not affirm the conviction until July 22, 1982, and the
Criminal Sentencing Reform Act of 1982 (effective July 1, 1982) would
significantly reduce his sentence for this particular offense. Thus, he
asserts he is entitled to be resentenced under the 1982 Act. We
disagree.
http://www.tba.org/tba_files/TCCA/Crumbl_opn.WP6
STATE OF TENNESSEE
VS.
JACK WARREN EMERT, JR.,
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MACK GARNER PAUL G. SUMMERS
District Public Defender Attorney General & Reporter
JULIE A. MARTIN MARVIN S. BLAIR, JR.
P.O. Box 426 Asst. Attorney General
Knoxville, TN 37901-0426 Cordell Hull Bldg., 2nd Fl.
(On Appeal) 425 Fifth Ave., North
Nashville, TN 37243-0493
NATALEE HURLEY
Asst. District Public Defender MIKE FLYNN
419 High St. District Attorney General
Maryville, TN 37804
(At Trial) KIRK ANDREWS
Asst. District Attorney General
363 Court St.
Maryville, TN 37804
Judge:PEAY
First Paragraph:
The defendant was found guilty by a jury of aggravated sexual battery
and was sentenced to a term of ten years to be served in the Tennessee
Department of Correction. The trial court denied the defendant's
subsequent motion for a new trial. The defendant now appeals and
contends that the evidence is insufficient to support his conviction and
that his sentence is excessive. After a review of the record and
applicable law, we find no merit to the defendant's contentions and thus
affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Emertjw_opn.WP6
STATE OF TENNESSEE
VS.
COREY LAMONT RADLE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Richard McGee John Knox Walkup
Attorney for Appellant Attorney General and Reporter
601 Woodland Street
Nashville, TN 37206 Marvin E. Clements, Jr.
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
Victor S. (Torry) Johnson III
District Attorney General
Roger Moore
Asst. District Attorney General
Washington Square, Suite 500
222-2nd Avenue North
Nashville, TN 37201-1649
Judge:HAYES
First Paragraph:
The appellant, Corey Lamont Radley, was convicted by a jury in the
Criminal Court of Davidson County of first degree murder and was
sentenced to life imprisonment. On appeal, the appellant raises the
single issue of the sufficiency of the convicting evidence, specifically
challenging the identification testimony of the State's sole witness to
the murder.
http://www.tba.org/tba_files/TCCA/Radleycl_opn.WP6
KENNETH ALAN STEELE
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Donna Robinson Miller John Knox Walkup
Asst District Public Defender Attorney General and Reporter
701 Cherry Street, Suite 300 425 Fifth Avenue North
Chattanooga, TN 37402 Nashville, TN 37243-0493
Todd R. Kelley
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
Nashville, TN 37243-0493
C. Leland Davis
Asst District Attorney General
600 Market Street, Suite 300
Chattanooga, TN 37402
Judge:OGLE
First Paragraph:
The petitioner, Kenneth Alan Steele, appeals the Hamilton County
Criminal Court's denial of post-conviction relief. On appeal, the
petitioner presents the following issues for our consideration:
1. Whether the petitioner received ineffective assistance of counsel
at trial and on direct appeal, including counsel's failure on direct
appeal to challenge the sufficiency of the evidence supporting all of
the petitioner's convictions;
2. Whether the evidence at trial was sufficient to support all of the
petitioner's convictions and whether this court denied the petitioner
due process by failing to review the sufficiency of the evidence sua
sponte on direct appeal;
3. Whether the trial court denied the petitioner due process of law
by refusing to provide the petitioner a DNA expert;
4. Whether the trial court denied the petitioner due process of law
by admitting DNA and fingerprint evidence;
5. Whether the trial court denied the petitioner due process of law
by admitting testimony concerning the show-up identification of the
petitioner; and
6. Whether the trial court denied the petitioner due process of law
in instructing the jury on reasonable doubt.
Following a thorough review of the record and the parties' briefs, we
affirm the judgment of the post-conviction court.
http://www.tba.org/tba_files/TCCA/Steeleka_opn.WP6
ALONZO STEWART
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Joe H. Walker Paul G. Summers
Public Defender Attorney General and Reporter
119-1/2 East Broadway
Lenoir City, TN 37771 Ellen H. Pollack
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
Scott McCluen
District Attorney General
Roger Delp
Asst. District Attorney General
P. O. Box 703
Kingston, TN 37763
Judge:HAYES
First Paragraph:
The appellant, Alonzo Stewart, also known as Ishaaq appeals as of right,
from the summary dismissal of his pro se petition for the writ of habeas
corpus. The appellant alleges in his petition that he is currently
serving an effective 120 year sentence in the Department of Correction
stemming from five 1983 armed robbery convictions in Davidson County.
These convictions were affirmed by this court on direct appeal. See
State v. Stewart, No. 84-2-III (Tenn. Crim. App. at Nashville, Oct. 24,
1984). According to his petition, these robberies occurred on various
dates before July 1, 1982, the effective date of the 1982 Criminal
Sentencing Reform Act; however, his sentencing was conducted after the
effective date and in accordance with the 1982 Act. Based upon this
fact, he argues on appeal (1) sentencing him under the 1982 Act resulted
in "enhanced" sentences and was "in violation of the ex post facto law"
and (2) the reasonable doubt jury instruction was unconstitutional.
After review, we affirm dismissal of the petition.
http://www.tba.org/tba_files/TCCA/Stewarta_opn.WP6
RICHARD C. TAYLOR
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
John Knox Walkup Bradley A. MacLean
Attorney General of Tennessee SunTrust Center, Suite 1900
and Nashville, TN 37219
Glenn R. Pruden
Assistant Attorney General Sabin R. Thompson
of Tennessee 401 Church Street, Suite 2600
425 Fifth Avenue North Nashville, TN 37210
Nashville, TN 37243-0493
Joseph D. Baugh, Jr.
District Attorney General
Williamson County Courthouse
P.O. Box 937
Franklin, TN 37065-0937
Judge:TIPTON
First Paragraph:
The state of Tennessee appeals as of right from the Williamson County
Circuit Court's grant of post-conviction relief to the petitioner and
the setting aside of his first degree murder conviction and death
sentence due to the ineffective assistance of counsel. The petitioner
presents additional claims in support of post-conviction relief in the
event that this court reverses the trial court's rulings.
http://www.tba.org/tba_files/TCCA/Taylorrc_opn.WP6
STATE OF TENNESSEE
VS.
LESLIE BRIAN WILLIS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MICHAEL R. JONES PAUL G. SUMMERS
District Public Defender Attorney General & Reporter
110 Sixth Ave. West
Springfield, TN 37172 KIM R. HELPER
Assistant Attorney General
WILLIAM UNDERHILL 425 Fifth Ave. N., 2d Floor
Attorney at Law Nashville, TN 37243-0493
512 S. Main St.
Springfield, TN 37172 JOHN WESLEY CARNEY, JR.
District Attorney General
ARTHUR F. BEIBER
B. DENT MORRISS
Asst. District Attorneys General
204 Franklin St., Ste. 200
Clarksville, TN 37040-3420
Judge:WITT
First Paragraph:
The defendant, Leslie Brian Willis, appeals from his conviction of
felony murder committed during the perpetration of attempted rape of
Jamie Marable. The defendant received his conviction at the conclusion
of a jury trial in the Robertson County Criminal Court. The same jury
acquitted the defendant of premeditated first degree murder.
http://www.tba.org/tba_files/TCCA/Willislb_opn.WP6
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