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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