October 29, 1999
Volume 5 -- Number 149

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

						
						
STATE OF TENNESSEE
VS,
WANDA E. DAVIS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:      FOR THE APPELLEE:

HUGH GREEN              PAUL G. SUMMERS
100 Public Square       Attorney General & Reporter
Lebanon, TN  37087
                        ELIZABETH B. MARNEY
                        Assistant Attorney General
                        425 Fifth Avenue North
                        Nashville, TN  37243

                        TOM P. THOMPSON, JR.
                        District Attorney General

                        JERRY HUNT
                        Assistant District Attorney
                        119 S. College St.
                        Lebanon, TN  37087                         

Judge: SMITH

First Paragraph:


The appellant, Wanda E. Davis, was convicted by a Wilson County jury
of one (1) count of driving under the influence, second offense.  She
was fined $600, and the trial court sentenced her to eleven (11)
months and twenty-nine (29) days in jail; all but 45 days of the
sentence was suspended.

http://www.tba.org/tba_files/TCCA/daviswe.wpd





DEWAYNE GENTRY
VS.
STATE OF TENNESSEE

ORDER

Court:TCCA

Judge: PEAY

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.  Having reviewed
the state's motion, the petitioner's brief, and the record on appeal,
we find that the motion is well taken.

http://www.tba.org/tba_files/TCCA/GENTRyd.wpd





STATE OF TENNESSEE
VS.
DERRICK JENKINS

Court:TCCA

Attorneys:  

FOR THE APPELLANT:          FOR THE APPELLEE:

FRANK JASPER RUNYON, III    PAUL G. SUMMERS
301 Main Street             Attorney General & Reporter
Clarksville, TN 37040  
                            KIM R. HELPER
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243

                            JOHN WESLEY CARNEY, JR.
                            District Attorney General

                            HELEN OWSLEY YOUNG
                            Assistant District Attorney
                            204 Franklin Street , Suite 200
                            Clarksville, TN 37040-3420                        

Judge: WILLIAMS

First Paragraph:

The defendant, Derrick Jenkins, appeals a certified question of law. 
He pled guilty to two sales of over 0.5 grams of Schedule II
controlled substance, cocaine.  The Montgomery County Circuit Court
sentenced him to two concurrent 15 year sentences.  The defendant
asserts that the Drug-Free School Zone Act, by which the trial court
raised the classification for the offenses from Class B to Class A
felony offenses, is unconstitutional.  We disagree and AFFIRM the
trial court's judgment.

http://www.tba.org/tba_files/TCCA/JENKINSD.wpd





DANIEL BENSON TAYLOR
VS.
STATE OF TENNESSEE

ORDER

Court:TCCA

Judge: SMITH

First Paragraph:

This matter is before the Court upon the petitioner's "Motion for an
Opportunity to be Heard."  Originally, this Court granted the state's
motion to affirm the judgment of the trial court pursuant to Rule 20,
Tennessee Court of Criminal Appeals.  The petitioner then filed a
petition to rehear which was also denied.  Finally, the petitioner
filed the motion now before the Court.

http://www.tba.org/tba_files/TCCA/TAYLORDB1.wpd

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