October 8, 1999
Volume 5 -- Number 140

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
03 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
05 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

						

EMMA CROWE
VS.
DIOCESE OF MEMPHIS HOUSING  
CORPORATION and VIRGINIA        
SURETY INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys:                          
For the Appellant:              For the Appellee:
Justin S. Gilbert               James D. Pugh
The Gilbert Firm                James F. Eggleston
300 E. Main Street, Suite 200   100 North Main Street, Suite 3016
P. O. Box 2384                  Memphis, TN 38103
Jackson, TN 38302-2384

Judge:BYERS

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.

http://www.tba.org/tba_files/TSC_WCP/crowe_opn.WPD






WILLETTE NEWSOM
VS.
MURRAY, INCORPORATED,   

Court:TSC - Workers Comp Panel

Attorneys:                          
FOR THE APPELLANT:                  FOR THE APPELLEE:

J. ARTHUR CREWS, II                 DAVID HARDEE
B. DUANE WILLIS                     Hardee, Martin, and Jaynes, P.A.
Waldrop and Hall, P.A.              213 East Lafayette
P.O. Box 726                        Jackson, Tennessee  38301
106 South Liberty Street            
Jackson, Tennessee  38301

Judge:TATUM

First Paragraph:

This workers' compensation appeal was referred to the Special Workers'
Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code
Ann. S 50-6- 225(e)(3) (Supp. 1998) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.

http://www.tba.org/tba_files/TSC_WCP/Newsom_opn.WPD






WILLIE LANE SHANNON
VS.
SIPCO SERVICES & MARINE, INC. and   
AMERICAN HOME ASSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys:                          
FOR THE APPELLANTS:             FOR THE APPELLEE:

FRANK THOMAS                    CHARLES L. HICKS
HAL W. WILKINS                  9 North Court Square
Leitner, Williams, Dooley       P.O. Box 957
  & Napolitan, PLLC             Camden, Tennessee  38320
2300 First American Center          
Nashville, Tennessee  37238

Judge:TATUM

First Paragraph:

This workers' compensation appeal was referred to the Special Workers'
Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code
Ann. S 50-6- 225(e)(3) (Supp. 1998) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.

http://www.tba.org/tba_files/TSC_WCP/Shannon_opn.WPD






STATE OF TENNESSEE
VS.
BENJAMIN CHRISTOPHER ASHWORTH

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:              FOR THE APPELLEE:

KEVIN W. SHEPHERD               PAUL G. SUMMERS
404 Ellis Avenue                Attorney General & Reporter
Maryville, TN  37804        
                                MARVIN S. BLAIR, JR.
                                Assistant Attorney General
                                425 Fifth Avenue North
                                Nashville, TN  37243-0493
                    
                                MICHAEL L. FLYNN
                                District Attorney General

                                KIRK E. ANDREWS
                                Assistant District Attorney General
                                363 Court Street
                                Maryville, TN  37804-5906
                                
Judge:GLENN

First Paragraph:

A Blount County grand jury indicted the defendant, Benjamin
Christopher Ashworth, for two counts of aggravated child abuse and
neglect on June 2, 1997.  The defendant pleaded guilty to one count of
aggravated assault and one count of child abuse and neglect.  As part
of his plea agreement, the defendant agreed to accept a six-year
sentence as a Range I offender on the aggravated assault charge and a
four-year sentence as a Range I offender on the child abuse and
neglect charge.   The plea agreement also required the sentences to
run consecutively with a thirty percent release eligibility date.  The
defendant stated during the plea colloquy that he understood the terms
of the agreement and the applicable waiver of rights.  The trial court
sentenced the defendant in accordance with the agreement on March 12,
1998.  The judgment was entered on April 8, 1998.  The defendant filed
a motion for resentencing which was denied on November 5, 1998.  The
defendant filed his notice of appeal on February 2, 1999, challenging
the imposition of consecutive sentencing.  He argues the trial court's
failure to cite the factors justifying consecutive sentencing deprived
him of due process because the plea agreement was not entered into
knowingly.  Based on our review, we affirm the decision of the trial
court.

http://www.tba.org/tba_files/TCCA/ASHWRTHB_wpd.WPD






STATE OF TENNESSEE
VS.
WILLIAM W. CARPENTER

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:                  FOR THE APPELLEE:



GERALD L. GULLEY, JR., ESQUIRE      PAUL G. SUMMERS 
P.O. Box 1708                       Attorney General & Reporter
Knoxville, TN  37901    

ROBERT Y. OAKS                      TODD R. KELLEY
Assistant Public Defender           Assistant Attorney General
Main Courthouse                     425 Fifth Avenue North
Elizabethton, TN  37643             2nd Floor, Cordell Hull Bldg.                           
                                    Nashville, TN 37243
        
                                    JOE C. CRUMLEY, JR.
                                    District Attorney General

                                    KENT W. GARLAND                             
                                    Assistant District Attorney 
                                    Main Street, Unicoi County
                                    Courthouse
                                    Erwin, TN  37650
                            
Judge:CLARK

First Paragraph:

The appellant, William W. Carpenter, appeals as of right the
sentencing determination of the Johnson County Criminal Court.  The
appellant was convicted of setting fire to personal property, a Class
E felony, and assault, a Class A misdemeanor.  The court imposed an
eighteen month sentence for setting fire to property, to be served
concurrently with an eleven month, twenty-nine day sentence for the
assault.  All but ninety days of each sentence was suspended.  The
sole issue raised by appellant on appeal is whether the trial court
erred in failing to grant complete probation. For the reasons set
forth below, we affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/carpenter2_wpd.WPD






STATE OF TENNESSEE
VS.
HAROLD DUFOUR, JR.

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:                  FOR THE APPELLEE:

JEFF KELLY (at trial)               PAUL G. SUMMERS
Assistant District Public Defender  Attorney General & Reporter
P.O. Box 996
Johnson City, TN 37605              CLINTON J. MORGAN
                                    Counsel for the State
GERALD L. GULLEY, JR. (on appeal)   425 Fifth Avenue North
P.O. Box 1708                       Nashville, TN 37243-0493
Knoxville, TN 37901-1708

                                    DAVID CROCKETT
                                    District Attorney General

                                    STEVE FINNEY
                                    Asst. District Attorney General
                                    P.O. Box 38
                                    Jonesborough, TN 37659
                                    
Judge:WITT

First Paragraph:

The defendant, Harold Dufour, Jr., appeals the revocation of his
probation and the imposition of an incarcerative sentence by the
Washington County Criminal Court.  On January 31, 1997, the defendant
pleaded guilty to one count of rape and one count of sexual battery. 
The trial court entered convictions for these offenses, imposed an
effective ten-year sentence, and probated the sentence.   After a
probation revocation hearing was held on September 4, 1998, the trial
court revoked the probation and ordered the defendant to serve the
original sentence in the Tennessee Department of Correction (TDOC). We
affirm this judgment of the trial court.

http://www.tba.org/tba_files/TCCA/DUFOURH_wpd.WPD






CHARLES GAYLOR
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:                          
For Appellant:                      For Appellee:

Kenneth F. Irvine, Jr.              John Knox Walkup 
Eldridge, Irvine & Hendricks, PLLC  Attorney General and Reporter
606 W. Main Street, Suite 350
Post Office Box 84                  Marvin E. Clements
Knoxville, TN  37901-0084           Assistant Attorney General
(on appeal)                         Criminal Justice Division
                                    425 Fifth Avenue North
Don Elledge, Attorney               Nashville, TN  37243
Shattuck & Elledge                      
101 S. Main Street, Suite 300       William Paul Phillips
Clinton, TN  37716                  District Attorney General
(at trial)                          P.O. Box 323
                                    Jacksboro, TN 37757
                        
Judge:WADE

First Paragraph:

The petitioner, Charles Gaylor, appeals the trial court's denial of
post- conviction relief.  The following issues have been presented for
review: (I)  whether the trial court erred in finding that the
petitioner received the effective assistance of counsel at trial and
on appeal; and (II)  whether the jury instructions at trial on
reasonable doubt violated the petitioner's right to due process by the
use of the phrases "moral certainty" and "let the mind rest easily."

We find no error and affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/gaylorc_opn.WPD






STATE OF TENNESSEE
VS.
JAMES JASON GILBERT

Court:TCCA

Attorneys:                          
For the Appellant:              For the Appellee:

Robert W. Scott                 Paul G. Summers
Assistant Public Defender       Attorney General of Tennessee
Post Office Box 416             and
Dandridge, TN 37725             Marvin S. Blair, Jr.                                    
                                Asst Attorney General of Tennessee
                                425 Fifth Avenue North      
                                Nashville, TN 37243

                                Alfred C. Schmutzer, Jr.
                                District Attorney General
                                    and
                                Steven Hawkins
                                Assistant District Attorney
                                Sevier County Courthouse, Suite 301
                                Sevierville, TN 37862       
                    
Judge:TIPTON

First Paragraph:

The defendant, James Jason Gilbert, appeals as of right from his
conviction for rape of a child, a Class A felony, following a bench
trial in the Jefferson County Circuit Court.  He was sentenced to
twenty-five years confinement in the custody of the Department of
Correction.  On appeal, the defendant contends that the trial court
erred in sentencing.  We affirm the sentence imposed by the trial
court.

http://www.tba.org/tba_files/TCCA/Gilbert_opn.WPD

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