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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