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
 

There are three ways for TBALink members to get the full-text versions of these opinions from the Web:

Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text version of the opinion.

*NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original WordPerfect 6.0 version of the opinion.

Click the URL at end of each Opinion paragraph below. This option will allow you to download the original WordPerfect 6.0 document.

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

PLEASE FORWARD THIS EMAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN TBALink!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion-Flash free each day by e-mail? Anyone -- whether a TBA member or not is welcome to subscribe ... it's free!

For the Plain Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank

For the HTML Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE HTML
3) Leave the body of the message blank

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

To STOP receiving TBALink Opinion-Flash:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank


© Copyright 1999 Tennessee Bar Association