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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