February 8, 2000
Volume 6 -- Number 019

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.
DEWAYNE R. CROSS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

Darryl W. Humphrey          Paul G. Summers
46 North Third St, Ste 500  Attorney General & Reporter
Memphis, TN 38103
                            Elizabeth B. Marney
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN  37243-0493

                            Michael L. Flynn
                            District Attorney General

                            Kirk E. Andrews and Edward P. Bailey, Jr.
                            Assistant District Attorneys General
                            363 Court Street
                            Maryville, TN  37804-5906                         

Judge: GLENN

First Paragraph:

The defendant, Dewayne R. Cross, appeals as of right his conviction of
rape by a Blount County jury.  The trial court sentenced the defendant
to nine years imprisonment at one hundred percent, concluding that he
was a violent offender.

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



STATE OF TENNESSEE VS. FREDDIE LEE CUNNINGHAM Court:TCCA Attorneys: For Appellant: For Appellee: Richard W. DeBerry Paul G. Summers Assistant District Public Defender Attorney General and Reporter 24th Judicial District 117 North Forrest Avenue Clinton J. Morgan Camden, TN 38320 Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243-0493 John Overton Asst District Attorney General P.O. Box 484 Savannah, TN 38372 Judge: WADE First Paragraph: The defendant, Freddie Lee Cunningham, pled guilty to the possession of more than .5 gram of crack cocaine with the intent to manufacture, deliver, or sell, a Class B felony. Tenn. Code Ann. S 39-17-417(a)(4), (c)(1). The trial court imposed a Range I sentence of eight years to be served in the Department of Correction. Fines totaled $2,000.00. http://www.tba.org/tba_files/TCCA/cunninghamfl.wpd
STATE OF TENNESSEE VS. ROBERT EMMET DUNLAP, JR. Court:TCCA Attorneys: For Appellant: For Appellee: Matthew M. Maddox Michael E. Moore Maddox, Maddox & Maddox Solicitor General 19695 East Main Street P.O. Box 430 Patricia C. Kussmann Huntingdon, TN 38344 Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Robert "Gus" Radford District Attorney General Steven L. Garrett Assistant District Attorney General 24th Judicial District P.O. Box 686 Huntingdon, TN 38344 Judge: WADE First Paragraph: The defendant, Robert Emmet Dunlap, Jr., was convicted on three counts of the sale of cocaine, a Schedule II controlled substance. See Tenn. Code Ann. S 39-17-417(a)(3). Fines totaled $225,000.00. The trial court imposed sentences of ten years on each count to be served concurrently with each other but consecutively to a prior sentence for a conviction in Montgomery County. http://www.tba.org/tba_files/TCCA/DUNLAP~1.wpd
STATE OF TENNESSEE VS. MICKEY JEFFRIES Court:TCCA Attorneys: For Appellant: For Appellee: Tony N. Brayton Paul G. Summers Assistant Public Defender Attorney General and Reporter 201 Poplar Avenue, Suite 2-01 Memphis, TN 38103 J. Ross Dyer (on appeal) Assistant Attorney General Criminal Justice Division William C. Moore, Jr. 425 Fifth Avenue North Assistant Public Defender Nashville, TN 37243 201 Poplar Avenue, Suite 2-01 Memphis, TN 38103 Jerry P. Kitchen (at trial) and Amy P. Weirich OF COUNSEL: Asst District Attorneys General Shelby County District Attorney A. C. Wharton, Jr. General's Office Shelby County Public Defender 201 Poplar Avenue, Third Floor Memphis, TN 38103 Judge: WADE First Paragraph: The defendant, Mickey Jeffries, was convicted of felony murder. The trial court imposed a life sentence. In this appeal of right, the defendant challenges the sufficiency of the evidence. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/JEFFRI~1.wpd
STATE OF TENNESSEE VS. RONALD LOCKHART Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GREG W. EICHELMAN PAUL G. SUMMERS District Public Defender Attorney General & Reporter 1609 College Partk Drive, Box 11 Morristown, TN 37813-1618 ERIK W. DAAB Asst Attorney General 2nd Fl, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 C. BERKELEY BELL, JR. District Attorney General JOHN F. DUGGER, JR. Asst District Attorney General 363 Hamblen County Justice Center 510 Allison Street, Morristown, TN 37814 Judge: WOODALL First Paragraph: Defendant Ronald Lockhart appeals as of right from his conviction by a Hamblen County jury of driving under the influence, third offense, and driving with a revoked license. Defendant challenges the sufficiency of the evidence to support his conviction of driving under the influence. After a careful review of the record, we find no error, and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/lockhartr.wpd
STATE OF TENNESSEE VS. SAMUEL PERRY Court:TCCA Attorneys: FOR THE APPELLANT: A.C. WHARTON, JR. Shelby County Public Defender WALKER GWINN (On Appeal) K. LESLIE MOZINGO (At Trial) Assistant Public Defenders 201 Poplar Avenue, Suite 201 Memphis, TN 38103-1947 FOR THE APPELLEE: PAUL G. SUMMERS Attorney General and Reporter TARA B. HINKLE Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General JENNIFER S. NICHOLS Assistant District Attorney General 201 Poplar Avenue, Suite 301 Memphis, TN 38103-1947v Judge: RILEY First Paragraph: A Shelby County jury convicted defendant of burglary of a motor vehicle, a Class E felony. The trial court sentenced defendant to a maximum four-year sentence as a Range II multiple offender. http://www.tba.org/tba_files/TCCA/PERRYS.wpd
FRANKLIN DAN RICKMAN VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: FRANKLIN DAN RICKMAN, pro se PAUL G. SUMMERS Turney Center, Unit 5B/102 Attorney General & Reporter Route One Only, TN 37140-9709 PATRICIA C. KUSSMANN Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 C. PHILLIP BIVENS District Attorney General P.O. Drawer E Dyersburg, TN 38025 Judge: WOODALL First Paragraph: Petitioner Franklin Dan Rickman, pro se, appeals as of right from the dismissal of his post-conviction by the Dyer County Circuit Court. At the post-conviction hearing Petitioner argued that he received ineffective assistance of counsel when he entered a guilty plea to one count theft, more than $1,000, and one count of felony escape. http://www.tba.org/tba_files/TCCA/RICKMNFD.wpd
STATE OF TENNESSEE VS. ROCHELLE ANDRE TRIPLETT Court:TCCA Attorneys: FOR THE APPELLANT: CLIFFORD K. McGOWN 113 North Court Square, Suite 204 P.O. Box 26 Waverly, TN 37185-0026 (On Appeal Only) GEORGE MORTON GOOGE District Public Defender STEPHEN P. SPRACHER Assistant Public Defender 227 West Baltimore Street Jackson, TN 38301-6137 (At Trial and Of Counsel On Appeal) FOR THE APPELLEE: PAUL G. SUMMERS Attorney General and Reporter MARK E. DAVIDSON Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 JAMES G. (JERRY) WOODALL District Attorney General SHAUN A. BROWN Assistant District Attorney General 225 Martin Luther King Drive P.O. Box 2825 Jackson, TN 38302-2825 Judge: RILEY First Paragraph: Appellant, Rochelle Andre Triplett, pled guilty to aggravated assault, simple assault, criminal impersonation, and possession of drug paraphernalia in March 1998. He received an effective three-year sentence and was placed on probation. In June 1998, his probation officer filed a probation violation warrant alleging failure to report and failure to pay fines and costs. The trial court conducted a full revocation hearing, found appellant in violation and revoked his probation. Appellant challenges that revocation. We AFFIRM. http://www.tba.org/tba_files/TCCA/Tripletr.wpd
LAWRENCE TUCKER VS. STATE OF TENNESSEE ORDER Court:TCCA Judge: HAYES First Paragraph: This case came to be heard on the motion of the State of Tennessee for an affirmance of the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. In November 1997, the petitioner pleaded guilty to possession of marijuana with intent to deliver. Pursuant to his plea agreement, he was sentenced to one year at thirty percent (30%), with this sentence to be served consecutively to a sentence from Texas. The petitioner was apparently returned to Texas following his guilty plea, but Tennessee authorities have lodged a detainer against him providing for his return to serve his Tennessee sentence upon completion of his Texas sentence. http://www.tba.org/tba_files/TCCA/TUCKER.wpd
KENNETH WEEMS VS. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: John E. Finklea, Attorney Paul G. Summers 99 North Third Street Attorney General and Reporter Memphis, TN 38103 (on appeal) Clinton J. Morgan Counsel for the State Wayne Chastain, Attorney 425 Fifth Avenue North 66 Monroe, Suite 804 Nashville, TN 37243 Memphis, TN 38103 (at evidentiary hearing) P.T. Hoover Asst District Attorney General Criminal Justice Center Third Floor 201 Poplar Avenue Memphis, TN 38103 Judge: WADE First Paragraph: The petitioner, Kenneth Weems, appeals the trial court's denial of his petition for post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel for having failed to timely file an interlocutory appeal of an order denying the suppression of certain of the state's evidence. We find no error and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/WEEMSK.wpd

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