August 23, 1999
Volume 5 -- Number 115

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
 

There are three ways for TBALink members to get the full-text versions of these opinions from the Web:

Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text version of the opinion.

*NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original WordPerfect 6.0 version of the opinion.

Click the URL at end of each Opinion paragraph below. This option will allow you to download the original WordPerfect 6.0 document.

Lucian T. Pera
Editor-in-Chief, TBALink


STATE OF TENNESSEE
VS.
GARY EUGENE ALDRIDGE
Court:TCCA

Attorneys:                          
For the Appellant:                  For the Appellee:

John P. Cauley                      Paul G. Summers
Asst. Public Defender               Attorney General and Reporter
407-C Main Street   
P. O. Box 68                        Daryl J. Brand
Franklin, TN  37065-0068            Assistant Attorney General                              
                                    Criminal Justice Division
                                    425 Fifth Avenue North
John H. Henderson                   2d Floor, Cordell Hull Bldg
District Public Defender            Nashville, TN 37243-0493                
                        
                                    Joseph D. Baugh
                                    District Attorney General

                                    Ronald Davis
                                    Asst. District Attorney General
                                    P. O. Box 937
                                    Franklin, TN  37065-0937

Judge:HAYES

First Paragraph:

The appellant, Gary Eugene Aldridge, was convicted by a Hickman County
jury of one count of aggravated kidnapping, two counts of aggravated
rape, one count of rape, and two counts of simple assault.  For these
offenses, the trial court imposed an effective sentence of sixty years
to be served in the Tennessee Department of Correction to be followed by
an effective consecutive sentence of  seventeen months and twenty-nine
in the local workhouse.  In this appeal as of right, the appellant
challenges the sufficiency of evidence necessary to sustain his
convictions for aggravated rape and rape.  He also disputes the
propriety of the trial court's imposition of consecutive sentences.

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






STATE OF TENNESSEE
VS.
JASON ERIC BRADBURN

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:      FOR THE APPELLEE:

MICHAEL J. FLANAGAN     JOHN KNOX WALKUP
95 White Bridge Road,   Attorney General and Reporter
Suite 208   
Nashville, TN  37205
                        DARYL J. BRAND
                        Assistant Attorney General
                        425 Fifth Avenue North
                        Nashville, TN  37243

                        MIKE BOTTOMS
                        District Attorney General
                        P. O. Box 459
                        Lawrenceburg, TN  38464
                        

Judge:SMITH

First Paragraph:

On July 29, 1997, a Maury County jury convicted Appellant Jason E.
Bradburn of Class D felony evading arrest and reckless driving.  After a
sentencing hearing on October 30, 1997, the trial court sentenced
Appellant as a Range II multiple offender to six years imprisonment for
felony evading arrest and 11 months and 29 days for reckless driving. 
The sentence for felony evading arrest was ordered to run consecutively
to a sentence that Appellant had received in another case and the
sentence for reckless driving was ordered to run concurrently with the
other sentences.  Appellant challenges his convictions, raising the
following issues: 
1) whether the indictment was sufficient to charge Appellant with felony
evading arrest; 
2) whether the evidence was sufficient to support Appellant's conviction
for Class D felony evading arrest; 
3) whether the trial court erred when it failed to instruct the jury as
to the lesser included offenses of Class D felony evading arrest; 
4) whether the trial court erred when it failed to instruct the jury as
to a statutory defense; and 
5) whether principles of due process and double jeopardy prohibit
convictions for both  Class D felony evading arrest and reckless driving
that arise out of the same conduct.

After a review of the record, we affirm the judgment of the trial court
in part and reverse in part.

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






WAYFORD DEMONBREUN, JR.
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:                          
For the Appellant:              For the Appellee:

F. Michie Gibson, Jr.           Paul G. Summers
1416 Parkway Towers             Attorney General of Tennessee
Nashville, TN 37219             and
(AT POST-CONVICTION HEARING)    Daryl J. Brand
                                Associate Solicitor General      
Clifford K. McGown, Jr.         425 Fifth Avenue North      
113 North Court Square          Nashville, TN 37243
Post Office Box 26
Waverly, TN 37185               Victor S. Johnson, III
(ON APPEAL)                     District Attorney General
                                and
                                Tom Thurman
                                Assistant District Attorney General
                                Washington Square, Suite 500
                                222 2nd Avenue North
                                Nashville, TN 37201-1649
                    
Judge:TIPTON

First Paragraph:

The petitioner, Wayford Demonbreun, appeals as of right from the Shelby
County Criminal Court's denial of post-conviction relief.  The
petitioner pled guilty to conspiracy to sell over three hundred grams of
cocaine, a Class A felony.   He was sentenced to fifteen years in the
Department of Correction as a Range I, standard offender.  The
petitioner contends that (1) his guilty plea was not knowing and
voluntary because of his attorney's failure to interview a co-defendant,
and (2) his case should be remanded for further proof because his
initial post-conviction attorney failed to file the certification
required by Rule 28, Tenn. S. Ct. R.  We affirm the trial court's denial
of post-conviction relief.

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






STATE OF TENNESSEE
VS.
RANDY LEE JONES

Court:TCCA

Attorneys:                          
For Appellant:              For Appellee:

Paul D. Cross               John Knox Walkup 
Attorney for the Defendant  Attorney General and Reporter
100 Highway 64 West
P.O. Box 99                 Karen M. Yacuzzo
Monteagle, TN  37356        Assistant Attorney General
                            425 Fifth Avenue, North 
                            Cordell Hull Building, Second Floor
                            Nashville, TN  37243-0493

                            J. Michael Taylor           
                            District Attorney General
                            1st American Bank Building
                            Third and Market Streets
                            Dayton, TN  37321

                            Thomas D. Hembree
                            Assistant District Attorney General
                            Lawyers Building Courthouse
                            Jasper, TN  37347
                        
Judge:WADE

First Paragraph:

The defendant, Randy Lee Jones, was convicted of the first degree
premeditated murder of Buster Dewey Caldwell and Marsha Sue Green
Anderson.  Initially, the trial court imposed concurrent life sentences
but two months later ordered consecutive sentences.

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






STATE OF TENNESSEE
VS.
RANDY LEE JONES

Court:TCCA

ORDER                         

Judge:WADE

First Paragraph:

It is hereby ORDERED that the opinion filed by this court on July 8,
1999, is withdrawn and reinstated as modified.

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






CALVIN OLIVER
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:                          
For Appellant:              For Appellee:

Paul D. Cross               John Knox Walkup 
Attorney for the Defendant  Attorney General and Reporter
100 Highway 64 West
P.O. Box 99                 Karen M. Yacuzzo
Monteagle, TN  37356        Assistant Attorney General
                            425 Fifth Avenue, North 
                            Cordell Hull Building, Second Floor
                            Nashville, TN  37243-0493

                            J. Michael Taylor           
                            District Attorney General
                            1st American Bank Building
                            Third and Market Streets
                            Dayton, TN  37321

                            Thomas D. Hembree
                            Assistant District Attorney General
                            Lawyers Building Courthouse
                            Jasper, TN  37347
                        
Judge:SMITH

First Paragraph:

This matter is before the Court upon the state's motion requesting that
the judgment in the above-styled cause be affirmed pursuant to Rule 20,
Tennessee Court of Criminal Appeals Rules.

http://www.tba.org/tba_files/TCCA/Oliverc2_ord.WP6






GARVIN T. SHEPHERD
VS.
JAMES M. DAVIS, Warden, 
WAYNE COUNTY BOOT   
CAMP, and           
STATE OF TENNESSEE

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:          FOR THE APPELLEE:

JOHN E. HERBISON            JOHN KNOX WALKUP
2016 Eighth Avenue South    Attorney General and Reporter
Nashville, TN  37204
                            LISA A. NAYLOR
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN  37243
                
                            MIKE BOTTOMS
                            District Attorney General

                            J. DOUG DICUS
                            Assistant District Attorney
                            P. O. Box 1119
                            Waynesboro, TN  38485
                        
Judge:SMITH

First Paragraph:

On June 24, 1995, Appellant Garvin T. Shepherd filed a petition for
habeas corpus relief in the Circuit Court of Wayne County, asserting
that his sentence had expired.  On November 1, 1995, the trial court
dismissed the petition for lack of subject matter jurisdiction.  On
September 19, 1996, this Court reversed the judgment of the trial court
and remanded the case for further proceedings.  After an evidentiary
hearing on May 8, 1997, the trial court dismissed the petition as being
without merit.  Appellant challenges the dismissal of his petition. 
After a review of the record, we affirm the judgment of the trial court.

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

PLEASE FORWARD THIS EMAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN TBALink!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion-Flash free each day by e-mail? Anyone -- whether a TBA member or not is welcome to subscribe ... it's free!

For the Plain Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank

For the HTML Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE HTML
3) Leave the body of the message blank

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

To STOP receiving TBALink Opinion-Flash:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank


© Copyright 1999 Tennessee Bar Association