December 6, 1999
Volume 5 -- Number 166

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
08 New Opinion(s) from the Tennessee Court of Appeals
15 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

						
ROBERT BEAN, FRANKLIN SHAFFER, DAVID AUTREY, MACK ROBERTS, KEVIN
ANTLE, TOM NICHOLS, TAMMIE P. BEASLEY, and ROXANNE LUCE
VS.
NED RAY MCWHERTER, in his capacity as Governor of the State of
Tennessee, CHARLES W. BURSON, Attorney General of the   State of
Tennessee, TENNESSEE WILDLIFE RESOURCES COMMISSION, and GARY MEYERS,
as the Director of the Tennessee Wildlife Resources Agency

Court:TCA

Attorneys:  

FOR APPELLANTS:             FOR APPELLEES:

F. CLAY BAILEY              PAUL R. SUMMERS
315 Deaderick Street        Attorney General & Reporter
Nashville, Tennessee 37238
                            ELIZABETH P. MCCARTER
                            450 James Robertson Parkway
                            Nashville, Tennessee 37243-0495                        

Judge: CANTRELL

First Paragraph:

This is a constitutional challenge to an Act of the legislature
regulating the possession and sale of animals.  Owners, dealers, and
licensed propagators of various wildlife species challenged the Act on
grounds that it is vague, overbroad, and a burden on interstate
commerce.  The Chancery Court of Davidson County rejected the
constitutional challenge.  We affirm the decision on the vagueness and
overbreadth charge.  We think, however, that there are disputed facts
bearing on the question of whether parts of the Act impermissibly
burden interstate commerce.  We, therefore, remand for further
proceedings on that issue.

http://www.tba.org/tba_files/TCA/beanr.wpd



BELLEVUE PROPERTIES, LLC VS. UNITED RETAIL INCORPORATED Court:TCA Attorneys: DAVID K. TAYLOR COLIN J. CARNAHAN Boult, Cummings, Conners & Berry 414 Union Street, Suite 1600 P. O. Box 198062 Nashville, Tennessee 37219 ATTORNEYS FOR PLAINTIFF/APPELLEE JOHN C. TISHLER WARREN A. JASPER Tuke Yopp & Sweeney NationsBank Plaza, Suite 1100 414 Union Street Nashville, Tennessee 37219 ATTORNEYS FOR DEFENDANTS/APPELLANTS Judge: CAIN First Paragraph: This case concerns the burden placed on a commercial landlord in mitigating damages caused by a commercial tenant's abandonment of the leased property. Although our courts heretofore have required a landlord who suffers breach to use reasonable commercial methods to reduce his damages, this tenant-in-breach would read two additional duties into those reasonable commercial methods. First, the tenant would require that the abandoned property be marketed specially and apart from the landlord's other commercial space inventory. Second, the landlord would be required to market the property at the original contract rental rather than its going market value. Under the facts as established in the record and according to the common law of this jurisdiction, we disagree. http://www.tba.org/tba_files/TCA/bellevue.wpd
TERRY COMPTON VS. TENNESSEE DEPARTMENT OF CORRECTION and NASHVILLE COMMUNITY SERVICE CENTER Court:TCA Attorneys: For Plaintiff/Appellant: For Defendants/Appellees: Terry Compton, Pro Se Paul G. Summers Attorney General and Reporter Sohnia W. Hong Assistant Attorney General Judge: KOCH First Paragraph: This appeal involves a state prisoner's efforts to obtain judicial review of a disciplinary action taken by the Nashville Community Service Center. After the Commissioner of Correction upheld the finding that he been drinking while on work release, the prisoner filed a petition for writ of certiorari in the Circuit Court for Davidson County. The trial court clerk refused to file the petition and required the prisoner to file a second petition because the pauper's oath accompanying the first petition was not on the proper form and had not been notarized. Thereafter, the trial court granted the Department of Correction's motion to dismiss the second petition because it was not timely filed. We have determined that the trial court clerk exceeded his authority when he declined to accept and file the prisoner's petition and, therefore, that the trial court erred by dismissing the petition. http://www.tba.org/tba_files/TCA/comptont.wpd
RANDY HILL VS. TENNESSEE BOARD OF PAROLES Court:TCA Attorneys: For Plaintiff/Appellant: For Defendants/Appellees: Randy Dale Hill Paul G. Summers Pro Se Attorney General and Reporter Michael E. Moore Solicitor General Patricia C. Kussmann Assistant Attorney General Judge: KOCH First Paragraph: This appeal involves a state prisoner's efforts to be paroled from an eight-year sentence for aggravated child abuse. After the Tennessee Board of Paroles declined to parole him, the prisoner filed a certiorari petition in the Chancery Court for Davidson County seeking judicial review of the Board's decision. The trial court dismissed the petition on the grounds that it was not timely filed. We affirm the trial court in accordance with Tenn. Ct. App. R. 10(b). http://www.tba.org/tba_files/TCA/hillr.wpd
ESTATE OF EFFIE S. HOOKER, Deceased, and HAROLD E. MATHENY, Administrator, C.T.A. of the Estate of Effie S. Hooker, Deceased VS. SUNTRUST BANK OF NASHVILLE, BANK OF NASHVILLE, N.A., N.A., Trustee Under the Will of John J. Hooker, Sr., and SUNTRUST Court:TCA Attorneys: LARRY R. WILLIAMS 329 Union Street P. O. Box 190632 Nashville, Tennessee 37219-0632 ATTORNEY FOR PLAINTIFFS/APPELLANTS DIANNA BAKER SHEW EMILY M. SMACHETTI Farris, Warfield & Kanaday Eighteenth Floor SunTrust Center 424 Church Street Nashville, Tennessee 37219 ATTORNEYS FOR DEFENDANTS/APPELLEES Judge: CAIN First Paragraph: This case concerns a claim filed by SunTrust Bank, Nashville, N.A.(hereinafter SunTrust) against the estate of Effie S. Hooker, the second wife of famed Middle Tennessee lawyer John J. Hooker, Sr. Mr. Hooker died on Christmas Eve of 1970, leaving the majority of his estate to his widow. According to the prevailing probate practice of the day, a portion of Mr. Hooker's estate was placed in a trust for the benefit of Mrs. Hooker during her life, the remainder to the children of Mr. Hooker's first marriage. http://www.tba.org/tba_files/TCA/hookeres.wpd
LORI ANN PARR VS. MIDDLE TENNESSEE STATE UNIVERSITY, and TREYTON WILLIAMS Court:TCA Attorneys: LORI PARR, pro se Murfreesboro, Tennessee PAUL G. SUMMERS Attorney General & Reporter MARY M. COLLIER Assistant Attorney General S. ELIZABETH MARTIN Senior Counsel Nashville, Tennessee Attorney for Appellee, Middle Tennessee State University MICHAEL A. MYERS Murfreesboro, Tennessee Attorney for Appellee, Treyton Williams Judge: HIGHERS First Paragraph: Lori Ann Parr, proceeding pro se, has appealed the trial court's dismissal of this invasion of privacy, breach of confidentiality, and civil rights intimidation via malicious harassment action that was brought against Middle Tennessee State University (MTSU), Treyton Williams (Williams) and other unnamed individuals. Based upon the following, we affirm the trial court's dismissal. http://www.tba.org/tba_files/TCA/Parrla.wpd
BOARD OF TRUSTEES OF THE SUMNER COUNTY EMPLOYEES' TRUST FUND ON BEHALF OF THE SUMNER COUNTY EMPLOYEES' TRUST VS. RUBY GRAVES, and son, JERRY D. GRAVES Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant: William R. Wright C. Tracey Parks Leah May Dennen Harsh, Parks & Harsh Office of the Law Director Gallatin, Tennessee Gallatin, Tennessee Judge: KOCH First Paragraph: This appeal involves a dispute over the obligation of a member of a group health insurance plan to reimburse the plan for medical payments made on behalf of the member's dependent. The plan's administrator requested the member and her dependent to reimburse the plan for the medical payments after discovering that the dependent had received a financial settlement from the person who caused the dependent's injuries. When the member and the dependent refused to reimburse the payments, the plan filed suit in the Circuit Court for Sumner County against both parties. The trial court granted the plan's motion for summary judgment and ordered both the member and her dependent to reimburse the plan for medical payments. We have determined that the plan was not entitled to a judgment as a matter of law against the member and accordingly vacate the summary judgment against her. http://www.tba.org/tba_files/TCA/Trustees.wpd
MINA WOODS and ROBERT WOODS VS. WORLD TRUCK TRANSFER, INC., and EDWARD J. SEIGHAM Court:TCA Attorneys: For Plaintiffs/Appellants: For Defendants/Appellees: Stanley H. Less John Thomas Feeney Memphis, Tennessee Cynthia DeBula Baines Feeney & Lawrence Nashville, Tennessee Judge: KOCH First Paragraph: This appeal involves a personal injury action that was dismissed because the Clerk of the Circuit Court for Davidson County refused to accept and file a summons that had not been prepared on an original form provided by the clerk. By the time the plaintiff provided another summons acceptable to the clerk, the time for filing the complaint and the summons had elapsed. Accordingly, on motion of one of the defendants, the Circuit Court for Davidson County dismissed the personal injury claim because it was time-barred. We have determined that the clerk's office exceeded its authority when it declined to accept and file the summons and, therefore, that the trial court erred by dismissing the complaint. Accordingly, we vacate the order dismissing the personal injury claims and remand the case for further proceedings. http://www.tba.org/tba_files/TCA/woodsm.wpd
STATE OF TENNESSEE VS. TERRY LEE ADAMS ORDER Court:TCCA Judge: HAYES First Paragraph: This matter is before the Court upon the state's motion to affirm the trial court judgment by order pursuant to Rule 20, Rules of the Court of Criminal Appeals. The appellant is appealing the trial court's revocation of his probation. On December 17, 1996, the appellant pled guilty to two counts of the sale of over .5 grams of cocaine and received concurrent sentences of seven years, two months and twelve days. The appellant was placed on probation on July 3, 1997. On January 28, 1999, the trial court revoked appellant's probation. After a hearing, the trial court found that the appellant violated the terms and conditions of his probation by twice driving on a revoked or suspended license, failing to pay probation supervision fees, possessing a handgun, and being arrested and convicted for domestic violence. http://www.tba.org/tba_files/TCCA/ADAMS.wpd
BOBBY BAKER VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: GARY F. ANTRICAN District Public Defender 118 E. Market P.O. Box 700 Somerville, TN 38068-0700 FOR THE APPELLEE: PAUL G. SUMMERS Attorney General and Reporter PATRICIA C. KUSSMAN Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 ELIZABETH T. RICE District Attorney General HENRY WILLIAMS Assistant District Attorney General 302 Market Street Somerville, TN 38068 Judge: RILEY First Paragraph: Petitioner, Bobby Baker, appeals the denial of his petition for post-conviction relief by the Circuit Court of Tipton County. Petitioner was convicted of aggravated burglary and aggravated rape. He received consecutive sentences of twelve years and thirty-five years, respectively. The sole issue presented for our review is whether petitioner was denied effective assistance of counsel. After a careful review of the record, we AFFIRM the judgment of the trial court. http://www.tba.org/tba_files/TCCA/BAKERB.wpd
JEROME SYDNEY BARRETT VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JEROME SYDNEY BARRETT MICHAEL E. MOORE Pro Se Solicitor General Northwest Correctional Center Route #1, Box 660 R. STEPHEN JOBE Tiptonville, TN 38079 Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 C. PHILLIP BIVENS District Attorney General P. O. Drawer E Dyersburg, TN 38024 Judge: WILLIAMS First Paragraph: The pro se petitioner, Jerome Sydney Barrett, appeals the order of the Lake County Circuit Court summarily dismissing his petition for writ of habeas corpus. On February 13, 1976, the petitioner was sentenced by the Davidson County Criminal Court to sixty years in the Department of Correction for rape. The petitioner asserts that he has not received due sentence reduction. We affirm the order of the trial court. http://www.tba.org/tba_files/TCCA/BARRETJS.wpd
STATE OF TENNESSEE VS. RANDY LOWE EVANS Court:TCCA Attorneys: For the Appellant: For the Appellee: Victoria L. DiBonaventura Paul G. Summers Attorney at Law Attorney General and Reporter 209 West Washington Street Paris, TN 38242 R. Stephen Jobe Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 Robert "Gus" Radford District Attorney General 24th Judicial District P. O. Box 686 Huntingdon, TN 38344 Judge: HAYES First Paragraph: The appellant, Randy Lowe Evans, appeals the sentencing decision of the Henry County Circuit Court. The appellant and his co-defendant, Tammy Rose Medlock, were indicted for felony possession of cocaine, misdemeanor possession of marijuana, and possession of drug paraphernalia. Following a jury trial, the appellant was acquitted of possession of cocaine with intent to sell; however, the jury found him guilty of possession of marijuana and possession of drug paraphernalia. The trial court imposed split confinement sentences of eleven months and twenty-nine days on both convictions to run concurrently, with six months continuous jail confinement. On appeal, the appellant challenges this sentence. After review, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/evansrl.wpd
STATE OF TENNESSEE VS. JOHN HARRIS Court:TCCA Attorneys: For the Appellant: For the Appellee: Brett B. Stein Paul G. Summers and Attorney General of Tennessee Larry Diamond and 236 Adams Avenue Michael E. Moore Memphis, TN 38103 Solicitor General and R. Stephen Jobe Assistant Attorney General 425 Fifth Avenue North 2nd Floor, Cordell Hull Building Nashville, TN 37243-0493 William L. Gibbons District Attorney General and Jerry R. Kitchen Assistant District Attorney General Criminal Justice Complex, Suite 301 201 Poplar Avenue Memphis, TN 38103 Judge: TIPTON First Paragraph: The defendant, John Harris, appeals as of right from his conviction by a jury in the Shelby County Criminal Court for rape of a child, a Class A felony. He was sentenced as a career offender to sixty years in the custody of the Department of Correction. As a child rapist, the defendant has no benefit of early release. See Tenn. Code Ann. S 39-13-523(a)(1). His sixty-year sentence is consecutive to a prior sentence. http://www.tba.org/tba_files/TCCA/HARRISJ.wpd
STATE OF TENNESSEE VS. QUINCY HENDERSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: KATHLEEN L. CALDWELL PAUL G. SUMMERS 44 North Second St., Suite 200 Attorney General & Reporter Memphis, TN 38103 PATRICIA C. KUSSMANN Asst. Attorney General Cordell Hull Bldg., 2nd Fl. 425 Fifth Ave., North Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General REGINALD R. HENDERSON Asst. District Attorney General 201 Poplar Ave., 3rd Floor Memphis, TN 38103 Judge: PEAY First Paragraph: The defendant was convicted by a jury of first-degree murder and sentenced to a term of life imprisonment. On direct appeal, this Court reduced the defendant's conviction to second-degree murder and remanded the case for resentencing. After a sentencing hearing, the defendant was sentenced to a term of twenty years. The defendant now appeals and contends that the trial court erred in denying the defendant's Rule 35 Motion for Correction of Judgment. After a review of the record and applicable law, we find no merit to the defendant's contentions and thus affirm the judgment of the court below. http://www.tba.org/tba_files/TCCA/HENDERSQ.wpd
JAMES C. JOHNSON VS. STATE OF TENNESSEE ORDER Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JAMES C. JOHNSON, PRO SE PAUL G. SUMMERS Northwest Correctional Complex Attorney General & Reporter Route 1, Box 660 Tiptonville, TN 38079 R. STEPHEN JOBE Asst. Attorney General 425 Fifth Ave., North Nashville, TN 37243-0493 ROBERT (GUS) RADFORD District Attorney General P. O. Box 686 Huntingdon, TN 38344 Court:TCCA Judge: PEAY First Paragraph: The petitioner originally was convicted at a jury trial of rape of a child. He was sentenced to twenty (20) years imprisonment and this Court affirmed his conviction and sentence upon direct appeal. State v. James Cordell Johnson, Hardin County, No. 02C01-9604-CC-00127 (Tenn. Crim. App. filed December 3, 1997, at Jackson). The Tennessee Supreme Court denied permission to appeal on September 21, 1998. On April 9, 1999, the petitioner filed a pro se petition for post-conviction relief alleging ineffective assistance of counsel, additional constitutional grounds, and prosecutorial misconduct. On May 19, 1999, the trial court entered a preliminary order summarily denying the petition. It is from this order the petitioner now appeals. http://www.tba.org/tba_files/TCCA/JOHNSONJ.wpd
DARVELL McCARLEY VS. STATE OF TENNESSEE ORDER Court:TCCA Judge: HAYES First Paragraph: This matter is before the Court upon the state's motion, pursuant to Rule 20, Rules of the Court of Criminal Appeals, to affirm the judgment of the trial court by order rather than formal opinion. On February 1, 1990, the petitioner pled guilty to selling a controlled substance and was sentenced to three years on probation. On January 10, 1995, the petitioner pled guilty to three counts of robbery and one count of forgery and received an effective four year sentence. The petitioner was also convicted for possession of drug paraphernalia on August 25, 1994. No appeals were apparently taken from these convictions. On May 20, 1999, the petitioner filed a pro se petition for post-conviction relief. Finding that the statute of limitations had expired, the trial court dismissed the petition without a hearing. http://www.tba.org/tba_files/TCCA/MCCARLEY.wpd
STATE OF TENNESSEE VS. MICHAEL D. PRIDE and TERRANCE B. SMITH Court:TCCA Attorneys: FOR THE APPELLANTS: D. MICHAEL DUNAVANT (For Pride) P.O. Box 150 Ripley, TN 38063 (At Trial and On Appeal) C. MICHAEL ROBBINS (For Smith) 46 North Third Street, Suite 719 Memphis, TN 38301 (On Appeal) GARY F. ANTRICAN (For Smith) District Public Defender DAVID S. STOCKTON (For Smith) Assistant District Public Defender P.O. Box 700 Somerville, TN 38068 (At Trial and On Appeal) FOR THE APPELLEE: PAUL G. SUMMERS Attorney General and Reporter CLINTON J. MORGAN Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 ELIZABETH T. RICE District Attorney General JAMES W. FREELAND, JR. Assistant District Attorney General 302 Market Street Somerville, TN 38068 Judge: RILEY First Paragraph: A Tipton County jury convicted defendants, Michael D. Pride and Terrance B. Smith, of premeditated first degree murder. Each was sentenced to life imprisonment. In this appeal as of right, each defendant challenges the sufficiency of the evidence upon which the jury based its convictions. Defendant Pride also challenges the trial court's failure to suppress a videotape of the crime scene and the defendants' arrest. After a complete review of the record, we AFFIRM the judgment of the trial court. http://www.tba.org/tba_files/TCCA/PRD&SMTH.wpd
WAYMON P. RUSSELL VS. STATE OF TENNESSEE ORDER Court:TCCA Judge: HAYES First Paragraph: This matter is before the Court upon the state's motion to affirm the trial court judgment pursuant to Rule 20, Rules of the Court of Criminal Appeals. The record reflects that in 1991, the petitioner pled guilty to aggravated robbery, aggravated kidnapping and escape. No appeal apparently was taken. The record also reflects that in 1993, the petitioner filed a petition for post-conviction relief, which he later withdrew before it was heard by the court. In 1994, the petitioner filed a motion to reopen or pursue the petition. The trial court denied the motion and no appeal was taken. http://www.tba.org/tba_files/TCCA/RUSSELL_ORD.wpd
FREDDIE RUSSELL VS. STATE OF TENNESSEE ORDER Court:TCCA Judge: HAYES First Paragraph: This matter is before the Court upon motion of the state to affirm the judgment of the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. This case represents an appeal from the trial court's dismissal of the petitioner's petition for a writ of habeas corpus. In 1988, the petitioner was convicted of aggravated rape, incest and crime against nature, all against a child under the age of thirteen. He was sentenced to twenty years for the rape conviction as a Range I standard offender. On appeal, the Supreme Court held the 1982 sentencing statute required that the petitioner be sentenced as a Range II offender on the rape conviction and remanded the matter to the trial court. State v. Russell, 800 S.W.2d 169 (Tenn. 1990). The trial court subsequently sentenced the petitioner to forty years for the rape conviction. http://www.tba.org/tba_files/TCCA/RUSSEL~1_ORD.wpd
STATE OF TENNESSEE VS. TERRY VESTAL Court:TCCA Attorneys: For the Appellant: For the Appellee: Clifford K. McGown, Jr. Paul G. Summers Attorney at Law Attorney General and Reporter 113 North Court Square P. O. Box 26 J. Ross Dyer Waverly, TN 37185 Assistant Attorney General Criminal Justice Division (ON APPEAL ONLY) 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 Tom C. Crider District Public Defender 107 South Court Square Clayburn L. Peeples Trenton, TN 38382 District Attorney General (AT TRIAL AND OF Larry Hardister COUNSEL ON APPEAL) Asst. District Attorney General 110 College Street, Suite 200 Trenton, TN 38382 Judge: HAYES First Paragraph: The appellant, Terry Vestal, appeals his conviction by a Gibson County jury for the offense of rape of a child. The trial court sentenced the appellant to twenty- five years in the Department of Correction. On appeal, the appellant's sole challenge is the sufficiency of the convicting evidence. After review, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/VESTALT.wpd
STATE OF TENNESSEE VS. STEVEN WEBSTER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ROBERT C. BROOKS PAUL G. SUMMERS P.O. Box 77158 Attorney General and Reporter Memphis, TN 38177 PETER M. COUGHLAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37232 WILLIAM GIBBONS District Attorney General SCOTT GORDON Assistant District Attorney General Criminal Justice Complex, Suite 301 201 Poplar Avenue Memphis, TN 38103 Judge: SMITH First Paragraph: The appellant, Steven Webster, was convicted by a Shelby County jury of one (1) count of sexual battery, a Class E felony. The trial court sentenced him as a Range I offender to two (2) years in community corrections after serving 120 days in prison. On appeal, the appellant contends that the trial court erred in denying his motion for judgment of acquittal. After a thorough review of the record before this Court, we affirm the trial court's judgment. http://www.tba.org/tba_files/TCCA/WEBSTERS.wpd
STATE OF TENNESSEE VS. TERRANCE WILKS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: RANDALL B. TOLLEY PAUL G. SUMMERS 242 Poplar Avenue Attorney General and Reporter Memphis, TN 38103 PATRICIA C. KUSSMANN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 WILLIAM GIBBONS District Attorney General JENNIFER NICHOLS Assistant District Attorney General Criminal Justice Complex, Suite 301 201 Poplar Avenue Memphis, TN 38103 Judge: SMITH First Paragraph: On July 7, 1998, a Shelby County jury convicted Terrance Wilks ("appellant" or "defendant") of raping a child. This appeal raises the following issues: (1) Whether the evidence was legally sufficient for a jury to convict the defendant; and (2) Whether the trial judge properly instructed the jury that they could consider the defendant's flight following the commission of the crime as evidence of the defendant's guilt. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/wilkst.wpd
STATE OF TENNESSEE VS. EDWARD CARL WOMACK Court:TCCA Attorneys: For Appellant For Appellee David M. Livingston Paul G. Summers 111 West Main Street Attorney General and Reporter Brownsville, TN 38012 425 Fifth Avenue North Nashville, TN 37243-0493 J. Ross Dyer Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Judge: OGLE First Paragraph: On September 21, 1998, the appellant pled guilty in the Haywood County Circuit Court to simple possession of a schedule II controlled substance (methamphetamine), a class A misdemeanor. Pursuant to a plea agreement, the trial court imposed a sentence of eleven months and twenty-nine days in the Haywood County Jail, suspending all but thirty days of the appellant's sentence. The appellant reserved a certified question of law in accordance with Tenn. R. Crim. P. 37(b)(2)(i), asserting that the discovery of the methamphetamines by an enforcement officer of the Tennessee Department of Safety stemmed from the unlawful detention of his commercial vehicle at a truck weigh-inspection station for the purpose of a safety inspection. Following a thorough review of the record and the parties' briefs, we reverse the judgment of the trial court. http://www.tba.org/tba_files/TCCA/womackec.wpd

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