November 17, 1999
Volume 5 -- Number 158

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
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

						
RONALD SCOTT ANDERSON
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

For the Appellant:          For the Appellee:

H. Randolph Fallin          Paul G. Summers
303 West Main Street        Attorney General of Tennessee
Mountain City, TN 37683         and
                            Michael J. Fahey, II    
                            Assistant Attorney General of Tennessee
                            425 Fifth Avenue North  
                            Nashville, TN 37243
    
                            H. Greeley Wells, Jr.
                            District Attorney General
                                and
                            Barry P. Staubus
                            Assistant District Attorney General
                            Post Office Box 526
                            Blountville, TN 37617-0526                        

Judge: TIPTON

First Paragraph:

The petitioner, Ronald Scott Anderson, appeals as of right from the
Sullivan County Criminal Court's dismissal of his post-conviction
petition.  The petitioner was convicted in 1990 of first degree
murder, and this court affirmed the conviction on direct appeal. 
State v. Anderson, 835 S.W.2d 600 (Tenn. Ct. Crim. App. 1992).  The
petitioner contends that the trial court incorrectly concluded that
the issue of ineffective assistance of counsel had been previously
determined.  We affirm the trial court's dismissal of the petition
pursuant to Rule 20, Tennessee Court of Criminal Appeals Rules.

http://www.tba.org/tba_files/TCCA/ANDERS1.wpd





STATE OF TENNESSEE
VS.
J. D. EDWARD EALEY

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:

D. CLIFTON BARNES                   PAUL G. SUMMERS
Assistant Public Defender           Attorney General & Reporter
1609 College Park Drive, Box 11 
Morristown, TN 37813-1618           CLINTON J. MORGAN
                                    Counsel for the State
                                    425 Fifth Avenue North
                                    Nashville, TN 37243-0493

                                    C. BERKELEY BELL, JR.
                                    District Attorney General
                                    109 S. Main Street
                                    Greeneville, TN 37743

                                    CECIL MILLS
                                    ERIC D. CHRISTIANSEN
                                    Asst. District Attorneys General
                                    North Main Street
                                    Greeneville, TN 37743                        

Judge: WITT

First Paragraph:

A Greene County jury acquitted the defendant, J. D. Edward Ealey, 
of aggravated burglary but convicted him of theft of property less
than $500 in value, a Class A misdemeanor, and recommended a $500
fine.  The trial judge imposed the fine and an incarcerative sentence
of eleven months and twenty-nine days, of which the defendant must
serve 75 percent before becoming eligible for rehabilitative programs.
 The defendant appeals and challenges the sufficiency of the
convicting evidence and the sentence imposed by the trial court.  We
affirm.

http://www.tba.org/tba_files/TCCA/EALEYJ2.wpd





STATE OF TENNESSEE
VS.
CHARLES W. ELSEA, JR.

JUDGMENT

Court:TCCA

Attorneys:                          

Judge: Per Curiam

First Paragraph:

Came the Appellant, Charles W. Elsea, Jr., by counsel, and also came
the Attorney General on behalf of the State, and this case was heard
on the record on appeal from the Criminal Court of Hamilton County;
and upon consideration thereof, this Court is of the opinion that the
Appellant's conviction for aggravated robbery should be modified to
robbery, with a concurrent sentence of three years for this
conviction.

http://www.tba.org/tba_files/TCCA/ELSEAC2.wpd





REECE CALLOWAY LOUDERMILK
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:              FOR THE APPELLEE:

STEPHEN M. WALLACE              PAUL G. SUMMERS
District Public Defender        Attorney General and Reporter

TERRY L. JORDAN                 TODD R. KELLEY
Assistant Public Defender       Assistant Attorney General
P.O. Box 839                    425 Fifth Avenue North
Blountville, TN 37617           Nashville, TN  37243

                                H. GREELEY WELLS, JR.
                                District Attorney General
                        
                                ROBERT H. MONTGOMERY
                                GREGORY A. NEWMAN
                                JOSEPH EUGENE PERRIN
                                Assistant District Attorneys
                                140 Blountville Bypass
                                P.O. Box 526
                                Blountville, TN 37617-0526                        

Judge: SMITH

First Paragraph:

The petitioner, Reece Calloway Loudermilk, appeals the Sullivan County
Criminal Court's order dismissing his petition for post-conviction
relief.  In 1992, the petitioner was convicted upon pleas of nolo
contendere to four (4) counts of aggravated rape and two (2) counts of
sexual battery.  The petitioner filed a pro se petition for post-
conviction relief in 1995, and counsel was subsequently appointed on
the petitioner's behalf.  Appointed counsel filed an amended petition
for post-conviction relief alleging that the petitioner received
ineffective assistance of trial counsel and that his pleas of nolo
contendere were involuntary.  The trial court summarily dismissed the
petition without an evidentiary hearing.  On appeal, the petitioner
claims that (1) the trial court erred in dismissing the petition
without a hearing; and (2) the trial court erred in refusing to
consider interlineations in the amended petition alleging additional
factual bases for his claim of ineffective assistance of counsel. 
After a thorough review of the record before this Court, we reverse
the trial court's judgment and remand for an evidentiary hearing.

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





HAROLD W. MAYS and BILL NARRMORE
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellants:         For the Appellee:

Joe H. Walker               Paul G. Summers
Public Defender and         Attorney General and Reporter
Susan Corea Fuller  
Asst. Public Defender
P. O. Box 334               Ellen H. Pollack
Harriman, TN  37748         Assistant Attorney General
                            Criminal Justice Division
                            425 Fifth Avenue North
                            2d Floor, Cordell Hull Building
                            Nashville, TN 37243-0493                
                        
                            J. Scott McCluen
                            District Attorney General
                            P. O. Box 703
                            Kingston, TN  37763                         

Judge: HAYES

First Paragraph:

The appellants, Harold W. Mays and Bill Narrmore, correctional inmates
at the Brushy Mountain Correctional Complex, appeal from the summary
dismissal of their joint pro se petition for writ of habeas corpus. 
On appeal, the  appellants argue (1) the trial court erred by
dismissing the petition without a hearing and (2) the trial court
should have considered the petition as one for post-conviction relief.

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

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