August 10, 1999
Volume 5 -- Number 111

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
07 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.
FREDDIE CARRELL

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:          FOR THE APPELLEE:

JULIE A. MARTIN             PAUL G. SUMMERS
P.O. Box 426                Attorney General & Reporter 
Knoxville, TN 37901-0426
                            GEORGIA BLYTHE FELNER   
RAYMOND MACK GARNER         Counsel for the State
District Public Defender    425 Fifth Avenue North
419 High Street             Nashville, TN 37243-0493
Maryville, TN 37804
                            MICHAEL L. FLYNN    
                            District Attorney General

                            PHILIP H. MORTON
                            Assistant District Attorney General
                            363 Court Street
                            Maryville, TN 37804-5906
                            
Judge:WILLIAMS

First Paragraph:

The defendant, Freddie Carrell, appeals the revocation of his probation,
arguing that the trial court abused its discretion.  We AFFIRM the
judgment of the trial court.

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






STATE OF TENNESSEE
VS.
JASON CROSS

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:      FOR THE APPELLEE:

EDWARD C. MILLER        JOHN KNOX WALKUP
Public Defender         Attorney General & Reporter
P.O. Box 416    
Dandridge, TN 37725     TODD R. KELLEY
                        Assistant Attorney General
                        425 Fifth Avenue North
                        Nashville, TN 37243-0493 

                        ALFRED C. SCHMUTZER, JR.
                        District Attorney General
                        125 Court Avenue, Suite 301-E
                        Sevierville, TN 37862
                                    
                        JAMES L. GASS
                        Assistant District Attorney General
                        125 Court Avenue, Suite 301-E
                        Sevierville, TN 37862
                                         
Judge:WITT

First Paragraph:

The defendant, Jason Cross, appeals from his Jefferson County Circuit
Court conviction of  first degree murder and aggravated kidnapping.  A
jury found him guilty of one count of premeditated first degree murder
of the victim, Jamie Mills, a thirteen-year-old girl, see Tenn. Code
Ann. S 3913-202 (a)(1) (1997), and one count of first degree murder of
the same victim committed during the perpetration of  kidnapping her.
See Tenn. Code Ann. S 39-13-202 (a)(2) (1997).  The jury also convicted
the defendant of the aggravated kidnapping of the victim. See Tenn. Code
Ann. S 39-13-304 (a)(3)(1997). The trial court imposed a conviction and
a life sentence on the felony murder count but  entered no judgment of
conviction on the premeditated murder count.  It imposed a twelve-year
sentence for aggravated kidnapping, to run consecutively to the life
sentence.

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






STATE OF TENNESSEE
VS.
RICHARD A. GREEN

Court:TCCA

Attorneys:                          
For the Appellant:      For the Appellee:

Lu Ann Ballew           Paul G. Summers
Asst. Public Defender   Attorney General and Reporter
P. O. Box 416   
Dandridge, TN  37725    Marvin S. Blair, Jr.
                        Assistant Attorney General                              
                        Criminal Justice Division
Edward C. Miller        425 Fifth Avenue North
Public Defender         2d Floor, Cordell Hull Building
                        Nashville, TN 37243-0493                
                        
                        Alfred C. Schmutzer, Jr.
                        District Attorney General

                        James L. Gass
                        Asst. District Attorney General
                        Sevier County Courthouse
                        Sevierville, TN  37862
                        
Judge:HAYES

First Paragraph:

The appellant, Richard A. Green, was convicted by a jury of vehicular
homicide by intoxication, a class B felony.  Following a sentencing
hearing, the Jefferson County Criminal Court imposed a ten year sentence
of confinement.  The appellant appeals both the judgment of conviction
and resulting sentence entered by the trial court.

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






JOHN WILLIE PARTEE
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:                  FOR THE APPELLEE:
    

JOHN WILLIE PARTEE, Pro Se          PAUL G. SUMMERS
Turney Center Industrial Prison     Attorney General & Reporter
Route 1
Only, TN 37140-9709                 R. STEPHEN JOBE
                                    Asst. Attorney General
                                    Cordell Hull Bldg., 2nd Fl.
                                    425 Fifth Ave., North
                                    Nashville, TN 37243-0493
                                
                                    RANDALL NICHOLS
                                    District Attorney General 
                                    400 Main Ave., Suite 168
                                    City-County Bldg.
                                    Knoxville, TN 37901-1468
                            
Judge:PEAY

First Paragraph:


In March of 1983, the petitioner was found guilty by a jury of assault
with intent to commit first-degree murder.  He was subsequently
sentenced to a term of sixty years to be served in the Tennessee
Department of Correction.  On direct appeal, this Court affirmed the
petitioner's conviction.  In 1990, the petitioner filed a petition for
post-conviction relief.  The trial court found the petition was filed
after the applicable statute of limitations had expired and the petition
was dismissed.  On appeal, this Court upheld the dismissal of the
petition.  On April 16, 1998, the petitioner filed a "Petition for
Malpractice."  This petition was dismissed by the lower court.  The
petitioner now appeals.  After a review of the record and applicable
law, we affirm the judgment of the lower court.

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






MARTY PURKEY
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:          FOR THE APPELLEE:


ROGER A. WOOLSEY            PAUL G. SUMMERS
118 South Main St.          Attorney General & Reporter
Greeneville, TN  37743
                            ERIK W. DAAB
                            Asst. Attorney General
                            John Sevier Bldg.
                            425 Fifth Ave., North                                       
                            Nashville, TN  37243-0493
    
                            AL C. SCHMUTZER, JR.
                            District Attorney General

                            W. BROWNLOW MARSH
                            Asst. District Attorney General                             
                            339 East Main St.
                            Newport, TN  37821
                            
Judge:PEAY

First Paragraph:

The petitioner entered a negotiated guilty plea to second-degree murder
and was sentenced to twenty-five years in prison.  He filed a petition
for post-conviction relief, alleging that his attorney was ineffective
and that his guilty plea was not knowingly and voluntarily given because
he was incompetent at the time he pled.  Following an evidentiary
hearing, the post-conviction court denied the petition, and the
petitioner now appeals.  Finding no merit to the arguments raised, we
affirm the post-conviction court's judgment.


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






STATE OF TENNESSEE
VS.
TRAVIS E. SHARPE

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:          FOR THE APPELLEE:

JANICE H. SNIDER            PAUL G. SUMMERS
535 North Jackson Street    Attorney General & Reporter
Morristown, TN  37814   
                            CLINTON J. MORGAN
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN  37243-0493

                            C. BERKELEY BELL, JR.
                            District Attorney General
                            109 South Main Street, Suite 501
                            Greeneville, TN  37743

                            JOHN F. DUGGER, JR.
                            Assistant District Attorney General
                            Hamblen County Justice Center
                            510 Allison Street
                            Morristown, TN  37814

                            VICTOR J. VAUGHN
                            Assistant District Attorney General
                            Hamblen County Justice Center
                            510 Allison Street
                            Morristown, TN  37814
                            
Judge:GLENN

First Paragraph:

The defendant, Travis E. Sharpe, appeals as of right from the judgment
of the Hamblen County Criminal Court.  The defendant pleaded guilty to
aggravated robbery and was sentenced to eight years as a Range I
standard offender, with a release eligibility date of thirty percent. 
The defendant appeals the trial court's sentencing decision, arguing the
trial court erred in not sentencing him as an especially mitigated
offender pursuant to Tenn. Code Ann. S 40-35-109 (1997).  Based upon our
review of this matter, we affirm the sentencing decision of the court
below.

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






STATE OF TENNESSEE
VS.
PAUL J. SWANSON

Court:TCCA

Attorneys:                          
For the Appellant:      For the Appellee:

Lu Ann Ballew           Paul G. Summers
Asst. Public Defender   Attorney General and Reporter
P. O. Box 416   
Dandridge, TN  37725    Clinton J. Morgan
                        Assistant Attorney General                              
                        Criminal Justice Division
                        425 Fifth Avenue North
                        2d Floor, Cordell Hull Building
                        Nashville, TN 37243-0493                
                        
                        Alfred C. Schmutzer, Jr.
                        District Attorney General

                        Michael Gallegos
                        Asst. District Attorney General
                        Sevier County Courthouse
                        Sevierville, TN 
                        
Judge:HAYES

First Paragraph:

The appellant, Paul J. Swanson, appeals the sentencing decision of the
Grainger County Criminal Court following his guilty pleas to three
counts of attempted aggravated sexual battery, class C felonies. 
Pursuant to the terms of the negotiated plea agreement, the appellant
agreed to an effective six year sentence.  The agreement further
provided that the manner of service of the sentences was to be submitted
to the trial court for determination.  The trial court ordered total
confinement.  The appellant appeals this decision contending that the
trial court erred in failing to grant alternative sentences and in
failing to credit the appellant with time spent in a residential sexual
offender treatment center prior to entry of his guilty pleas.

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

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