August 25, 1999
Volume 5 -- Number 117

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
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



THOMAS COOK
VS.
STATE OF TENNESSEE
Court:TCCA

Attorneys:                          
FOR THE APPELLANT:      FOR THE APPELLEE:

THOMAS COOK             PAUL G.  SUMMERS
Pro Se                  Attorney General & Reporter
P.O. Box PMB
Atlanta, GA 30315       ERIK W.  DAAB
                        Assistant Attorney General
                        425 Fifth Avenue North
                        Nashville, TN 37243
                        
Judge:WILLIAMS

First Paragraph:

The petitioner, Thomas Cook, alleges that on January 8,
1993, he pled guilty to attempt to possess cocaine for
resale and received an eight-year sentence.  On December 18,
1998, the petitioner filed a petition for post- conviction
relief.  The trial court dismissed the petition as time
barred, and it is from that decision that the petitioner now
appeals.  We AFFIRM the judgment of the trial court.

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






GARY WILLIAM HOLT
VS.
STATE OF TENNESSE

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:              FOR THE APPELLEE:

JOHN ALLEN BROOKS               JOHN KNOX WALKUP
736 Georgia Avenue              Attorney General & Reporter
Suite 600                       
Chattanooga, TN  37402          R. STEPHEN JOBE
(Elbow Counsel)                 Assistant Attorney General
                                425 Fifth Avenue North
GARY WILLIAM HOLT, pro se       Nashville, TN  37243-0493
TDOC #105031
South Central Correctional Ctr  WILLIAM H. COX, III
P. O. Box 279                   District Attorney General
Clifton, TN  38425-5346             
                                YOLANDA D. MITCHELL
                                Asst District Attorney General
                                600 Market Street, Suite 310
                                Chattanooga, TN  37402
                            
Judge:GLENN

First Paragraph:

The petitioner, Gary William Holt, has appealed as of right
from the denial of post-conviction relief.  He claims that
the bystander jury process utilized during his trial
violated his rights to due process and to an impartial jury.
 Based upon our review of this matter, as well as the
applicable law, we affirm the decision of the trial court.

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






STATE OF TENNESSEE
VS.
GUILLERMO MATIAS JUAN

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:              FOR THE APPELLEE:

GUILLERMO MATIAS JUAN           PAUL G. SUMMERS
Pro Se Counsel                  Attorney General & Reporter
Southeastern Tennessee State    
Regional Correctional Facility  MICHAEL J. FAHEY, II
Route 4, Box 600                Assistant Attorney General
Pikeville, TN 37367-9243        425 Fifth Avenue North
                                Nashville, TN  37243
                        
Judge:WILLIAMS

First Paragraph:

In 1997, the defendant, Guillermo Matias Juan, filed a pro
se "Motion to Correct Illegal Sentence" with the Hamilton
County Circuit Court, and that court dismissed the Motion. 
The petitioner had been indicted for premeditated and
deliberate murder, felony murder, aggravated burglary, and
theft, and in 1991 he pleaded guilty to second degree
murder.  The state dismissed the burglary and theft charges.
 The trial court sentenced the petitioner to sixty years as
a Range III offender.  After review of the record, we AFFIRM
the trial court's dismissing of the motion, pursuant to
Tennessee Court of Criminal Appeals Rule 20.

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






ADRIAN WAITE
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:                          
For Appellant:              For Appellee:

Tom Landis, Attorney        Paul G. Summers 
Suite 327                   Attorney General and Reporter
744 McCallie Avenue             
Chattanooga, TN  37403      Todd R. Kelley 
                            Assistant Attorney General
                            425 Fifth Avenue North 
                            Second Floor, Cordell Hull Building
                            Nashville, TN  37243-0493

                            Mark A. Hooton
                            Assistant District Attorney General
                            Third Floor
                            Hamilton County-City Courts Building 
                            Chattanooga, TN  37402
                        
Judge:WADE

First Paragraph:

The petitioner, Adrian Waite, appeals the trial court's
denial of post-conviction relief.  The single issue
presented for review is whether the defendant was denied the
effective assistance of counsel prior to entering a guilty
plea.  We find no error and affirm the judgment of the trial
court.

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

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