September 9, 1999
Volume 5 -- Number 123

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
06 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.
KYLE ROBERT BALL

Court:TCCA

Attorneys:   

For Appellant:                  For Appellee:

Julie A. Rice, Attorney         Paul G. Summers 
P.O. Box 426                    Attorney General and Reporter
Knoxville, TN  37901-0426   
(on appeal)                     Marvin S. Blair, Jr.        
                                Assistant Attorney General
Richard A. Tate                 Criminal Justice Division
Assistant Public Defender       425 Fifth Avenue North 
Second Judicial District        Nashville, TN  37243-0493
P.O. Box 889
Blountville, TN  37617          Barry P. Staubus 
(at trial)                      Assistant District Attorney General
                                P.O. Box 526
                                Blountville, TN  37617                       

Judge: WADE

First Paragraph:

The defendant, Robert Kyle Ball, was convicted of aggravated burglary
and one count of theft under $500.00.  The trial court imposed a Range
II sentence of ten years on the aggravated burglary and eleven months
and twenty-nine days for the misdemeanor theft.  Fines imposed totaled
$2,000.00.  The sentences are to be served consecutively to each other
and consecutive to a prior sentence for which parole had been revoked.


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





MICHAEL TODD DRINNON
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

For Appellant:                  For Appellee:

W. Douglas Collins, Attorney    Paul G. Summers 
Evans & Beier, LLP              Attorney General and Reporter
P.O. Box 1754
Morristown, TN  37816           Marvin S. Blair, Jr.
                                Assistant Attorney General
                                Criminal Justice Division
                                425 Fifth Avenue North 
                                Nashville, TN  37243

                                John Dugger and Victor Vaughn
                                Assistant District Attorneys General
                                419 Allison Street 
                                Morristown, TN  37814                         

Judge: WADE

First Paragraph:

The petitioner, Michael Todd Drinnon, appeals the trial court's denial
of his petition for post-conviction relief.  In this appeal of right,
the single issue presented for our review is whether the petitioner
was denied the effective assistance of counsel at trial.  We affirm
the judgment of the trial court.

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





STATE OF TENNESSEE
VS.
LILLIE RUSSELL

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

JAMES W. GREENLEE           PAUL G. SUMMERS
118 Bruce Street            Attorney General and Reporter
Sevierville, TN 37862
                            MARVIN S. BLAIR, JR.
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243

                            AL SCHMUTZER, JR.
                            District Attorney General
    
                            STEVE HAWKINS
                            Assistant District Attorney General
                            Courthouse
                            Sevierville, TN 37862                         

Judge: WELLES

First Paragraph:

The Defendant was tried before a Sevier county jury and convicted of
two counts of cruelty to animals.  Her convictions grew out of the
poisoning deaths of two of her neighbor's dogs.  For these Class A
misdemeanor convictions, she was sentenced to concurrent terms of
eleven months and twenty-nine days, with all but twenty days
suspended.  The Defendant appeals her convictions and her sentences. 
We affirm the judgment of the trial court.

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





LUCIEN SHERROD
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

For the Appellant:              For the Appellee:

Gregory D. Smith                Paul G. Summers
One Public Square, Suite 321    Attorney General of Tennessee
Clarksville, Tn 37040               and
                                Lucian D. Geise
                                Assistant Attorney General
                                425 Fifth Avenue North
                                Nashville, TN 37243
                    
                                Victor S. Johnson, III
                                District Attorney General
                                and
                                Jon Seaborg
                                Assistant District Attorney General
                                Washington Square, Suite 500
                                222 2nd Avenue North
                                Nashville, TN 37201-1649                        

Judge: TIPTON

First Paragraph:

The petitioner, Lucien Sherrod, appeals as of right from the Davidson
County Criminal Court's order denying him post-conviction relief from
his 1994 conviction for first degree murder and the resulting sentence
of life in prison without the possibility of parole.  The trial court
granted the petitioner a delayed appeal of this court's affirmance of
his conviction.  See State v. Lucien Samuel Sherrod, 01C01-9505-
CR-00157, Davidson County (Tenn. Crim. App. Jan. 30, 1997).  The
petitioner contends (1) that he received the ineffective assistance of
counsel and (2) that we should vacate and reinstate this court's
judgment in the direct appeal in order that he may seek review by the
Tennessee Supreme Court.  We affirm the trial court.

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





MARISE E. SMITH
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

WESLEY MACNEIL OLIVER       JOHN KNOX WALKUP
Edwards, Simmons & Oliver   Attorney General and Reporter
1501 Sixteenth Avenue South
Nashville, TN  37212            KIM R. HELPER
                            Assistant Attorney General
JENNIFER L. SMITH           425 Fifth Avenue North
Counsel for Appellant       Nashville, TN  37243-0493
222 Second Avenue North
Suite 360, Mezzanine        VICTOR S. JOHNSON
Nashville, TN  37201        District Attorney General

                            MARY HAUSMAN
                            Assistant District Attorney
                            Washington Square, Ste. 500
                            Nashville, TN  37201-1649                         

Judge: SMITH

First Paragraph:

The petitioner, Marise E. Smith, appeals the order of the Davidson
County Criminal Court denying his petition for post-conviction relief.
 The petitioner was convicted in 1993 of one (1) count of aggravated
burglary, two (2) counts of attempted rape, one (1) count of
aggravated rape and one (1) count of harassment.  He received an
effective sentence of thirty-nine (39) years, eleven (11) months and
twenty-nine (29) days for the offenses.  In 1996, the petitioner filed
the present petition alleging numerous constitutional issues.  After
an evidentiary hearing, the trial court denied the petition.

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





STATE OF TENNESSEE
VS.
MICHAEL LEBRON TAYLOR

Court:TCCA

Attorneys:  

FOR THE APPELLANT:
    
    JOHN ALLEN BROOKS
    736 Georgia Ave.
    Suite 600
    Chattanooga, TN   37402

FOR THE APPELLEE:
    
    PAUL G. SUMMERS
    Attorney General and Reporter
    
    TODD R. KELLEY
    Assistant Attorney General
    Cordell Hull Building, 2nd Floor
    425 Fifth Avenue North
    Nashville, TN  37243-0493
    
    WILLIAM H. COX III
    District Attorney General
    
    C. LELAND DAVIS
    CALDWELL H. HUCKABAY
    Asst. District Attorneys General
    600 Market Street, Ste. 300
    Chattanooga,  TN  37402                        

Judge: RILEY

First Paragraph:

The defendant, Michael Lebron Taylor, was convicted by a Hamilton
County jury of first degree murder, carjacking, and two counts of
attempted especially aggravated robbery.  The trial court sentenced
him as a Range I standard offender to life imprisonment for the
murder; ten consecutive years on the carjacking; ten consecutive years
on one count of attempted especially aggravated robbery; and ten
concurrent years on the other count of attempted especially aggravated
robbery, for an effective sentence of life plus twenty years.

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

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