December 8, 1999
Volume 5 -- Number 168

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
02 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
10 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

						KENNETH WAYNE JONES 
VS. 
ITT HARTFORD INSURANCE CO. and M & D COATINGS,INC.
Court:TSC - Workers Comp Panel

Attorneys:

FOR THE APPELLEE:               FOR THE APPELLANT:

ARNOLD B. GOLDIN, ESQ.          JOHN R. CANNON, JR., ESQ. 
7515 Corporate Centre Drive     The Hardison Law Firm 
Germantown, Tennessee 38138     Suite 200 67 Madison Avenue 
                                Memphis, Tennessee  38103

Judge:  LAFFERTY

First Paragraph:

This worker's compensation appeal has been referred to the Special
Workers Compensation Appeals Panel of the Supreme Court in accordance
with Tennessee Code Annotated S 50-6-225(e) for hearing and reporting
to the Supreme Court of findings of fact and conclusions of law.

http://www.tba.org/tba_files/TSC_WCP/Joneskw.wpd



LILA ROBERSON VS. THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA Court:TSC - Workers Comp Panel Attorneys: FOR THE APPELLEE: FOR THE APPELLANT: T. J. EMISON, JR. FRANK THOMAS P. O. Box 13 MELANIE V. DILLENDER 116 W. Main Street Leitner, Williams, Dooley Alamo, Tennessee 38001 Napolitan, PLLC 2300 First American Center Nashville, Tennessee 37238 Judge: TATUM First Paragraph: This workers' compensation appeal was referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tennessee Code Annotated S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. http://www.tba.org/tba_files/TSC_WCP/Roberson.wpd
STATE OF TENNESSEE VS. JOE N. ANDERSON, JR. WITH CONCURRING OPINION Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ARDENA J. GARTH PAUL G. SUMMERS District Public Defender Attorney General & Reporter DONNA ROBINSON MILLER ELLEN H. POLLACK Asst Dist Public Defender Assistant Attorney General 701 Cherry Street, Ste 300 425 Fifth Avenue North Chattanooga, TN 37402 Nashville, TN 37243 WILLIAM H. COX, III District Attorney General 600 Market Street, Suite 310 Chattanooga, TN 37402 Judge: WILLIAMS First Paragraph: The defendant, Joe N. Anderson, Jr., appeals from guilty verdicts returned by a Hamilton County jury for one count of First Degree murder and two counts of attempted especially aggravated robbery. The trial court sentenced the defendant to life imprisonment to serve at eighty-five percent for First Degree murder, a Class A felony, and twelve years in the Department of Correction for each count of attempted especially aggravated robbery, a Class B felony. The defendant was sentenced as a Range I standard offender for the attempted especially aggravated robberies, with those sentences to be served concurrently with each other but consecutively to the First Degree murder sentence. http://www.tba.org/tba_files/TCCA/Andersonjn_OIG.wpd CONCURRING OPINION http://www.tba.org/tba_files/TCCA/Andersonjn_con.wpd
VICTOR JAMES CAZES VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Petitioner: For the Respondent: Brock Mehler John Knox Walkup 751 Roycroft Place Attorney General and Reporter Nashville, TN 37203 Michael E. Moore Solicitor General William D. Massey and 3074 East Street Jennifer L. Smith Memphis, TN 38128 Assistant Attorney General 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 William L. Gibbons District Attorney General and John Campbell Assistant District Attorney General 201 Poplar Avenue - Third Floor Memphis, TN 38103-1947 Judge: TIPTON First Paragraph: The petitioner, Victor James Cazes, appeals as of right from the order of the Shelby County Criminal Court denying him post-conviction relief from his 1990 convictions for felony murder, aggravated rape and first degree burglary. The petitioner was sentenced to death for the murder conviction and received twenty-five-year and six-year sentences, respectively, for the aggravated rape and burglary convictions. http://www.tba.org/tba_files/TCCA/CAZES-PC.wpd
STATE OF TENNESSEE VS. RONALD REECE CROSS Court:TCCA Attorneys: FOR THE APPELLEE: FOR THE APPELLANT: TERRY JORDAN PAUL G. SUMMERS Office of the Public Defender Attorney General & Reporter P. O. Box 839 Blountville, TN 37617 TODD R. KELLEY Assistant Attorney General GERALD L. GULLEY, JR. 425 Fifth Avenue North Contract Appellate Defender Nashville, TN 37243-0493 P. O. Box 1708 Knoxville, TN 37901-1708 GREELEY WELLS District Attorney General JOSEPH EUGENE PERRIN Assistant District Attorney Main Street Springfield, TN 37172 Judge: SMITH First Paragraph: On July 21, 1998, Ronald Reece Cross (the "defendant") pled guilty to the following charges arising out of a single incident: violating an habitual traffic offender order, evading arrest, driving under the influence of alcohol (eighth offense), running a stop sign, reckless driving, and violation of registration. Following a sentencing hearing on the above charges, the trial court denied alternative sentencing for the defendant, and instead ordered the defendant to serve an effective ten (10) year, eleven (11) month, and twenty-nine (29) day sentence. http://www.tba.org/tba_files/TCCA/crossrr.wpd
WILLIAM LEE DRUMBARGER VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DAVID BORDENKIRCHER PAUL G. SUMMERS Attorney at Law Attorney General & Reporter 500 Paragon Mills Rd., Ste. G-6 Nashville, TN 37211-3734 ELIZABETH T. RYAN Assistant Attorney General 425 Fifth Ave. North 2d Floor, Cordell Hull Bldg. Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General 222 Second Ave. North, Ste. 500 Nashville, TN 37201-1649 Judge: WITT First Paragraph: The petitioner, William Lee Drumbarger, purports to appeal from the trial court's dismissal of his motion to reopen his post-conviction petition. See Tenn. Code Ann. S 40-30-217 (1997). The petitioner is presently serving five life sentences and a 35-year sentence, all concurrently, for his 1983 convictions of five counts of aggravated rape and one count of aggravated sexual battery. See William Lee Drumbarger v. State, No. 01C01-9105-CR-00142 (Tenn. Crim. App., Nashville, Nov. 21, 1991), perm. app. denied (Tenn. 1992). In this action, he seeks to reopen a post-conviction petition that was dismissed by the Davidson County Criminal Court in June 1997. He raises various allegations, including allegedly deficient reasonable doubt jury instructions, ineffective assistance of counsel, insufficient indictments, and exemption from the statute of limitations. Upon review, we find that the defendant failed to follow the proper procedure for seeking appellate review of the lower court's denial of the motion to reopen. Accordingly, we dismiss this appeal as not properly before the court. http://www.tba.org/tba_files/TCCA/drumbarg.wpd
STATE OF TENNESSEE VS. EDWARD E. GENTRY, JR., Court:TCCA Attorneys: For Appellant: For Appellee: Russell Bean, Attorney Paul G. Summers 615 Walnut Street, Suite 200 Attorney General and Reporter Chattanooga, TN 37402 Elizabeth B. Marney Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243 Parke Masterson Assistant District Attorney General 313 Courts Building 600 Market Street Chattanooga, TN 37402 Judge: WADE First Paragraph: The defendant, Edward E. Gentry, Jr., was convicted of reckless driving, evading arrest, and felonious operation of a motor vehicle. See Tenn. Code Ann. SS 55-10-205, 39-16-603, and 55-10-616. The trial court imposed a sentence of six months for the Class B misdemeanor (reckless driving) and concurrent Range I sentences of one year on each of the two Class E felonies (evading arrest and felonious operation of a motor vehicle). Fines totaled $2,250.00. http://www.tba.org/tba_files/TCCA/Gentryeejr.wpd
ESTIL GREEN VS. KEVIN MYERS, Warden Court:TCCA Attorneys: For Appellant: For Appellee: Estil Green Paul G. Summers South Central Correctional Center Attorney General and Reporter P.O. Box 279 425 Fifth Avenue North Clifton, TN 38425-5346 Nashville, TN 37243-0493 Marvin E. Clements, Jr. Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243-0493 Judge: OGLE First Paragraph: The petitioner, Estil Green, appeals the summary dismissal of his petition for a writ of habeas corpus by the Wayne County Circuit Court on December 9, 1998, without the appointment of counsel or an evidentiary hearing. Following a thorough review of the record, we conclude that this is an appropriate case for affirmance pursuant to Ct. of Crim. App. Rule 20. http://www.tba.org/tba_files/TCCA/greenes.wpd
STATE OF TENNESSEE VS. BRYAN LAMONT MURRAY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL R. JONES PAUL G. SUMMERS District Public Defender Attorney General & Reporter 113 Sixth Ave., West Springfield, TN 37172 ELIZABETH B. MARNEY Asst. Attorney General Cordell Hull Bldg., 2nd Fl. 425 Fifth Ave., North Nashville, TN 37243-0493 JOHN W. CARNEY District Attorney General DENT MORRISS Asst. District Attorney General 500 South Main St. Springfield, TN 37172 Judge: PEAY First Paragraph: The defendant was found guilty by a jury of second-degree murder and subsequently sentenced by the trial court to a term of twenty-four years. The defendant's motion for a new trial was overruled. http://www.tba.org/tba_files/TCCA/MURRAYBL.wpd
STATE OF TENNESSEE VS. MICHAEL JASON POWERS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN J. HESTLE (at trial) PAUL G. SUMMERS Attorney at Law Attorney General & Reporter 129 South Third Street Clarksville, TN 37040 LUCIAN D. GEISE Assistant Attorney General GREGORY D. SMITH (on appeal) 425 Fifth Ave. N., 2d Floor Attorney at Law Nashville, TN 37243-0493 One Public Square, Suite 321 Clarksville, TN 37040 JOHN WESLEY CARNEY, JR. District Attorney General HELEN YOUNG Assistant District Attorney General 204 Franklin Street, Suite 200 Clarksville, TN 37040 Judge: WITT First Paragraph: The defendant, Michael Jason Powers, appeals from his conviction for second degree murder in the Montgomery County Circuit Court. The trial court imposed a sentence of 25 years in the Department of Correction. In this appeal, the defendant challenges the trial court's refusal to instruct the jury on the lesser offenses of voluntary manslaughter and criminally negligent homicide. After a review of the record, the briefs of the parties, and the applicable law, we reverse the judgment of the trial court for failure to instruct the jury on criminally negligent homicide, reckless homicide, and facilitation. http://www.tba.org/tba_files/TCCA/PowersMJ.wpd
STATE OF TENNESSEE VS. RONALD WAYNE SMITH Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL J. FLANAGAN PAUL G. SUMMERS 95 White Bridge Road #208 Attorney General and Reporter Nashville, TN 37205 ELIZABETH T. RYAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 DAN ALSOBROOKS District Attorney General SUZANNE LOCKERT Assistant District Attorney General P.O. Box 580 Charlotte, TN 37036 Judge: WELLES First Paragraph: The Defendant, Ronald Wayne Smith, pleaded guilty in the Circuit Court of Dickson County to possession of cocaine for resale and possession of marijuana for resale, reserving a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(i). The certified question of law is whether there were sufficient specific and articulable facts to justify the stop of the Defendant's vehicle and/or whether the duration of the stop excessive. We find that there were not sufficient specific and articulabe facts to justify the stop of the Defendant's vehicle. Because we conclude that the stop was illegal, we reverse the order of the trial judge overruling the motion to suppress. http://www.tba.org/tba_files/TCCA/smithrw.wpd
STEVEN DOUGLAS TUTT VS. STATE OF TENNESSEE Court:TCCA Judge: LEE 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 petitioner's brief, the state's motion, and the record on appeal, the Court finds that the motion is well taken. http://www.tba.org/tba_files/TCCA/tuttsd.wpd

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