November 12, 1999
Volume 5 -- Number 155

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):
 
01 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
07 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

						
						
JOHN AILWORTH
VS.
ROADWAY EXPRESS, Inc.   

JUDGMENT ORDER

Court:TSC

Judge: PER CURIAM

First Paragraph:

This case is before the Court upon motion for review pursuant to Tenn.
Code Ann. S 50-6-225(e)(5)(B), the entire record, including the order
of referral to the Special Workers' Compensation Appeals Panel, and
the Panel's Memorandum Opinion setting forth its findings of fact and
conclusions of law, which are incorporated herein by reference;

Whereupon, it appears to the Court that the motion for review is not
well-taken and should be denied; and ...

http://www.tba.org/tba_files/TSC/AILWORTH.wpd



STATE OF TENNESSEE VS. RICKY ATKINS Court:TCCA Attorneys: For Appellant: For Appellee: D. Clifton Barnes Paul G. Summers Office of the Public Defender Attorney General and Reporter Third Judicial District 1609 College Park Dr, Box 11 Ellen H. Pollack Morristown, TN 37813-1618 Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243-0493 John F. Dugger, Jr. Assistant District Attorney General Hamblen County Justice Center 510 Allison Street Morristown, TN 37814 Judge: WADE First Paragraph: The defendant, Ricky Atkins, entered guilty pleas to two counts of theft of property less than $500.00. In a trial by jury, he was convicted of aggravated assault. The trial court imposed a Range II sentence of ten years for aggravated assault and sentences of eleven months and twenty-nine days on each of the theft convictions. All sentences are to be concurrently served. Fines totaled $5,000.00. http://www.tba.org/tba_files/TCCA/atkinsr.wpd
MALCOLM L. CROWELL, JR. VS. JAMES A. BOWLEN, Warden, and THE TENNESSEE DEPARTMENT OF CORRECTION Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MALCOLM L. CROWELL, JR. PAUL G. SUMMERS Pro Se Attorney General & Reporter #15312 S.T.S.R.C.F. ERIK W. DAAB Rt. 4, Box 600 Assistant Attorney General Pikeville, TN 37367 425 Fifth Ave. North 2d Floor, Cordell Hull Bldg. Nashville, TN 37243-0493 JAMES MICHAEL TAYLOR District Attorney General 265 Third Ave., Ste. 300 Dayton, TN 37321 Judge: WITT First Paragraph: The petitioner, Malcolm L. Crowell, Jr., appeals from the Bledsoe County Circuit Court's dismissal of his petition for habeas corpus relief. The petitioner contends he is being illegally restrained past the expiration of his sentence. The lower court found otherwise. On appeal, the petitioner seeks immediate release, or alternatively, remand for a hearing upon a complete record, which he alleges the lower court did not have before it at the time it dismissed his petition. Upon review of the record, the briefs of the parties, and the applicable law, we agree with the trial court's conclusion that the petitioner is not being held past the expiration of his sentence, although we disagree with the trial court's findings in reaching that conclusion. Further, we find no basis for ordering a remand and a hearing. Accordingly, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/crowellml.wpd
MARK SHANE GRIFFIS VS. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: Joe Walker Paul G. Summers Public Defender Attorney General & Reporter Ninth Judicial District P.O. Box 334 Todd R. Kelley Harriman, TN 37748-0334 Assistant Attorney General 425 Fifth Avenue North Alfred Lee Hathcock, Jr. 2d Floor, Cordell Hull Building Assistant Public Defender Nashville, TN 37243-0493 Ninth Judicial District P.O. Box 334 Charles Hawk Harriman, TN 37748-0334 District Attorney General Ninth Judicial District Walter Johnson P.O. Box 703 Assistant Public Defender Kingston, TN 37763-0703 Ninth Judicial District P.O. Box 334 D. Roger Delp Harriman, TN 37748-0334 Assistant District Attorney General Ninth Judicial District P.O. Box 703 Kingston, TN 37763-0703 Judge: WADE First Paragraph: The petitioner, Mark Shane Griffis, appeals the trial court's denial of post-conviction relief. The single issue presented for review is whether the petition was barred by the statute of limitations. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/griffisms.wpd
STATE OF TENNESSEE VS. JAMIE LEE HATCHER 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 Terry L. Jordan Criminal Justice Division Assistant Public Defender 425 Fifth Avenue North 266 Blountville Highway Nashville, TN 37243-0493 Blountville, TN 37617 Joseph Eugene Perrin Assistant District Attorney General P.O. Box 526 Blountville, TN 37617 Judge: WADE First Paragraph: The defendant, Jamie Lee Hatcher, entered a plea of guilt to aggravated assault. The trial court imposed a sentence of six years as an alternative to the Department of Correction. The sentence included three months in a halfway house and six hundred hours of community service followed by intensive probation. After a period of one year, the defendant was transferred to regular probation which, after the issuance of an arrest warrant for violation of the terms, was revoked by the trial court. http://www.tba.org/tba_files/TCCA/hatcherjl.wpd
STATE OF TENNESSEE VS. DAVID LEE HURST Court:TCCA Attorneys: For the Appellant: For the Appellee: Leslie Hunt Paul G. Summers 139 North Main Street Attorney General and Reporter Clinton, TN 37716 Clinton J. Morgan Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 James N. Ramsey District Attorney General Jan Hicks Asst. District Attorney General 127 Anderson County Courthouse 100 North Main Street Clinton, TN 37716 Judge: HAYES First Paragraph: The appellant, David Lee Hurst, appeals the sentencing decision of the Anderson County Criminal Court following his guilty plea to Class D felony child abuse. In accordance with the plea agreement, the appellant received a two year sentence with the determination of probation to be submitted to the trial court. At the sentencing hearing, the trial court denied probation and ordered confinement in the Department of Correction. The sole issue on appeal is whether the trial court erred by denying the appellant total probation. http://www.tba.org/tba_files/TCCA/hurstdl.wpd
WILLIAM J. LOGAN VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GREG W. EICHELMAN PAUL G. SUMMERS District Public Defender Attorney General & Reporter R. RUSSELL MATTOCKS TODD R. KELLEY Assistant Public Defender Assistant Attorney General 1609 College Park Dr, Box 11 425 Fifth Avenue North Morristown, TN 37813 Nashville, TN 37243-0493 C. BERKELEY BELL, JR. District Attorney General 109 South Main Street, Suite 501 Greeneville, TN 37743 JOHN DOUGLAS GODBEE Assistant District Attorney General 100 East Main Street, Suite 201 Rogersville, TN 37857 Judge: GLENN First Paragraph: The petitioner, William J. Logan, appeals the dismissal of his petition for post- conviction relief by the Hawkins County Criminal Court. As grounds for relief, the petitioner claims several instances of alleged ineffective assistance of counsel and the alleged failure of the trial judge to state findings of fact and conclusions of law. Based upon our review of the record and of applicable law, we affirm the order of the trial court dismissing the petition. http://www.tba.org/tba_files/TCCA/LOGANWJ.wpd
STATE OF TENNESSEE VS. MARSHA TRENTHAM Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: EDWARD CANTRELL MILLER PAUL G. SUMMERS District Public Defender Attorney General & Reporter DENNIS C. CAMPBELL ERIK W. DAAB Asst. District Public Defender Assistant Attorney General 140-A Court Ave. 425 Fifth Ave. North Sevierville, TN 37862 2d Floor, Cordell Hull Bldg. Nashville, TN 37243-0493 ALFRED G. SCHMUTZER District Attorney General STEVEN R. HAWKINS Asst. District Attorney General 125 Court Ave., Rm. 301-E Sevierville, TN 37862 Judge: WITT First Paragraph: The defendant, Marsha Trentham, appeals from the trial court's sentencing determination in her voluntary manslaughter case. The defendant received her conviction at a jury trial in the Sevier County Circuit Court for the shooting death of her husband. In this appeal, she challenges both the length of the six-year sentence imposed by the trial court and the imposition of incarceration in the Department of Correction. Following a review of the record, the briefs of the parties, and the applicable law, we affirm. http://www.tba.org/tba_files/TCCA/TRENTHM.wpd

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