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):
 
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
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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