February 2, 2000
Volume 6 -- Number 015

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
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

						
STATE OF TENNESSEE
VS.
ADRIAN ARNETT

Court:TCCA

Attorneys: 

For the Appellant:      For the Appellee:

Julie A. Rice           Paul G. Summers
Attorney for Appellant  Attorney General and Reporter
P. O. Box 426   
Knoxville, TN  37902    Ellen H. Pollack
                        Assistant Attorney General      
                        Criminal Justice Division
                        425 Fifth Avenue North
                        2d Floor, Cordell Hull Building
                        Nashville, TN 37243-0493            
    
                        
                        Randall E. Nichols
                        District Attorney General

                        Scott Green
                        Asst. District Attorney General
                        City-County Building
                        Knoxville, TN  37902                         

Judge: HAYES

First Paragraph:

The appellant, Adrian Arnett, appeals the verdict of a Knox County
jury finding him guilty of two counts of aggravated rape, one count of
especially aggravated kidnapping, one count of aggravated robbery, one
count of aggravated assault, and one count of setting fire to personal
property.  The trial court imposed an effective fifty year sentence
for these offenses.  In his appeal as of right, the appellant
challenges the sufficiency of the convicting evidence for each
conviction.  Second, he challenges the trial court's application of
certain enhancement and mitigating factors with respect to specific
convictions and the imposition of consecutive sentences.

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





DAVID L. BOESE
VS.
STATE OF TENNESSE

Court:TCCA

Attorneys:    

FOR THE APPELLANT:          FOR THE APPELLEE:

DAVID L. BOESE, 15583-074   PAUL G. SUMMERS
Pro Se                      Attorney General & Reporter
U.S.P. Beaumont
P. O. Box 26030             MICHAEL J. FAHEY, II
Beaumont, TX 77720-6030     Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243

                            JERRY N. ESTES
                            District Attorney General

                            CARL F. PETTY
                            Assistant District Attorney
                            P. O. Box 1351
                            Cleveland, TN 37364                      

Judge: WILLIAMS

First Paragraph:

The petitioner, David L. Boese, appeals pro se from a Bradley County
Criminal Court order dismissing his pro se petition for
post-conviction relief.  In his petition, he asserts that his guilty
pleas in state court to one count of second degree murder and one
count of aggravated assault were involuntary and thus violative of his
constitutional rights.  The petitioner had two appointed attorneys,
one for the state charges and one for federal charges.  His petition
alleges that both attorneys provided him ineffective assistance of
counsel.  The trial court found that the petition failed to state a
claim upon which post-conviction relief may be granted and dismissed
the appeal without an evidentiary hearing.  Concluding that the
petition states a colorable claim for post-conviction relief, we
REVERSE and REMAND.

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





JOHNNIE LAMONT DALTON
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:              FOR THE APPELLEE:

THOMAS A. LONGABERGER           PAUL G. SUMMERS
69 Arcade                       Attorney General & Reporter
Nashville, Tennessee  37219 
                                DAVID H. FINDLEY
                                Assistant Attorney General
                                425 Fifth Avenue North
                                2nd Floor, Cordell Hull Building
                                Nashville, Tennessee  37243-0493                        

Judge: LAFFERTY

First Paragraph:

The appellant, Johnnie Lamont Dalton, appeals the Davidson County
Criminal Court's dismissal of his petition for post-conviction relief.
 On May 5, 1997, the defendant entered a plea of guilty to murder
second degree during the voir dire of a jury, wherein he was charged
with the offense of murder first degree.  The petitioner,
collaterally, attacks his guilty plea and conviction for murder second
degree upon the grounds of ineffective assistance of counsel.

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





JEFFREY EUGENE DUNLAP
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

JEFFREY EUGENE DUNLAP       PAUL G. SUMMERS
Pro Se                      Attorney General and Reporter
Route 1, Box 660
Tiptonville, Tn 38079       R. STEPHEN JOBE
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243

                            RANDALL E. NICHOLS
                            District Attorney General
                            City-County Building
                            Knoxville, TN 37902                         

Judge: WELLES

First Paragraph:

This is an appeal from an order of the trial court dismissing the
Defendant's petition for post-conviction relief.  The trial court
determined that the petition was barred by the statute of limitations.
 We affirm the judgment of the trial court.

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





STATE OF TENNESSEE
VS.
BYRON M. EDWARDS

Court:TCCA

Attorneys: 

For the Appellant:      For the Appellee:

Joseph E. Costner       Paul G. Summers
Costner & Green         Attorney General and Reporter
315 High Street 
Maryville, TN  37804    Erik W. Daab
                        Assistant Attorney General      
                        Criminal Justice Division
                        425 Fifth Avenue North
                        2d Floor, Cordell Hull Building
                        Nashville, TN 37243-0493            
    
                        
                        Michael L. Flynn
                        District Attorney General

                        Ms. Kirk Andrews
                        Mr. Edward P. Bailey, Jr.
                        Asst. District Attorneys General
                        363 Court Street
                        Maryville, TN  37804                         

Judge: HAYES

First Paragraph:

The appellant, Byron M. Edwards, was found guilty by a Blount County
jury of one count of aggravated robbery, a class B felony.  Following
a sentencing hearing, the trial court sentenced the appellant as a
career offender to thirty years in the Department of Correction.

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





GREGORY JAMES HARPER
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  


FOR THE APPELLANT:          FOR THE APPELLEE:

DAVID W. TIPTON             PAUL G. SUMMERS
P.O. Box 787                Attorney General and Reporter
Bristol, TN 37620
                            R. STEPHEN JOBE
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243

                            GREELEY WELLS
                            District Attorney General

                            JOSEPH EUGENE PERRIN
                            Assistant District Attorney General
                            Sullivan County Justice Center
                            Blountville, TN 37617                        

Judge: WELLES

First Paragraph:

This is an appeal as of right from the judgment of the trial court
denying post-conviction relief.  On September 15, 1997, the Defendant,
Gregory James Harper, pleaded guilty to two counts of attempted first
degree murder and three counts of selling less than .5 grams of
cocaine.  In accordance with his plea agreement, the trial court
sentenced him as a Range I standard offender to sixteen years
incarceration for each count of attempted murder and to six years
incarceration for each count of the sale of cocaine.

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





STATE OF TENNESSEE
VS.
JAMES R. LOVINGOOD

Court:TCCA

Attorneys:  

FOR THE APPELLANT:              FOR THE APPELLEE:

GERALD L. GULLEY, JR.           PAUL G. SUMMERS
P.O. Box 1708                   Attorney General & Reporter 
Knoxville, Tennessee 37901-1708
                                ELLEN H. POLLACK
MACK GARNER                     Assistant Attorney General
Public Defender                 425 Fifth Avenue North
419 High Street                 Nashville, Tennessee 37243
Maryville, Tennessee 37804                        

Judge: WALKER

First Paragraph:

This is an appeal of right from an order in the trial court denying a
petition to modify a judgment with regard to restitution payments.

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





STATE OF TENNESSEE
VS.
PATRICK LAMONT MARTIN

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:


JOHN G. OLIVA               PAUL G. SUMMERS
601 Woodland St.            Attorney General & Reporter
Nashville, TN   37206
                            TODD R. KELLEY
                            Asst. Attorney General
                            425 Fifth Ave., N.
                            2nd Floor, Cordell Hull Bldg.
                            Nashville, TN  37243-0493
                
                            VICTOR S. JOHNSON III
                            District Attorney General

                            PAUL DEWITT
                            Asst. District Attorney General
                            Washington Square, Suite 500
                            222 Second Ave., N.
                            Nashville, TN   37201-1649                         

Judge: PEAY

First Paragraph:

The defendant was indicted for premeditated murder.  He pled guilty to
second-degree murder, with no agreement as to his sentence.  After a
hearing, the trial court sentenced defendant as a Range I offender to
twenty-two years incarceration, to be served at one hundred percent. 
See T.C.A. S 40-35-501(i).  In this appeal as of right, defendant
contends that his sentence is excessive.  Upon our review of the
record, we affirm the judgment of the trial court.

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





STATE OF TENNESSEE
VS.
DAVID ANDREW NICHOLSON

Court:TCCA

Attorneys: 

For the Appellant:              For the Appellee:

Ardena J. Garth                 Paul G. Summers
District Public Defender        Attorney General and Reporter
and
Donna Robinson Miller   
Assistant Public Defender       Elizabeth B. Marney
701 Cherry Street, Suite 300    Assistant Attorney General
Chattanooga, TN 37402           Criminal Justice Division
                                425 Fifth Avenue North
                                2d Floor, Cordell Hull Building
                                Nashville, TN 37243-0493            
    
                            
                                William H. Cox III
                                District Attorney General
    
                                Clair Brant
                                Asst. District Attorney General
                                City and County Courts Building
                                Chattanooga, TN  37402                         

Judge: HAYES

First Paragraph:

The appellant, David Andrew Nicholson, appeals his conviction by a
Hamilton County Criminal Court jury for the offense of rape of a
child.  The trial court sentenced the appellant to twenty years in the
Department of Correction.  On appeal, the appellant raises three
issues for our review: (1) whether testimony of two police officers
improperly bolstered the credibility of the minor victim; (2) whether
the trial court erred in charging the jury on parole eligibility; and
(3) whether the appellant was properly sentenced.

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





EDWARD THOMPSON
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

For Appellant:              For Appellee:

David B. Hill               Paul G. Summers
317 East Main Street        Attorney General and Reporter
Newport, TN  37821          
                            Ellen H. Pollack
                            Assistant Attorney General
                            Criminal Justice Division
                            425 Fifth Avenue North 
                            Nashville, TN  37243

                            James B. Dunn
                            Asst. District Attorney General
                            339 East Main Street
                            Newport, TN  37821      

Judge: WADE

First Paragraph:

The petitioner, Edward Thompson, appeals the trial court's denial of
post-conviction relief.  The single issue presented for our review is
whether the petitioner's trial counsel was ineffective.

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

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