March 8, 2000
Volume 6 -- Number 035

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.

This Issue (IN THIS ORDER):
 
01 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
03 New Opinion(s) from the Tennessee Court of Appeals
21 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
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

						
						
EARL McCOY
VS.
T.T.C.. ILLINOIS INCORPORATED

CORRECTED OPINION

Court:TSC

Attorneys: 

For the Plaintiff/Appellant:        For the Defendant/Appellee:
G. Brent Burks                      James T. Williams
McMAHAN & ASSOCIATES                W. Anthony Hullender
Chattanooga, Tennessee              MILLER & MARTIN LLP
                                    Chattanooga, Tennessee                         

Judge: DROWOTA

First Paragraph:

In this worker's compensation action, the employee, Earl McCoy
("McCoy"), appeals from a judgment of the Chancery Court of Hamilton
County which awarded him forty-five percent permanent partial
disability benefits to the body as a whole but held that the employer,
T.T.C. Incorporated of Illinois ("TTC") was entitled to an offset
against the worker's compensation award in an amount equal to one-half
of McCoy's monthly Social Security old age insurance benefit payments.

http://www.tba.org/tba_files/TSC/mccoye.wpd



SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/CERTLIST_0306.wpd
DOROTHY WEST HARMON VS. HARVEY CARL HARMON Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: Joy Tanner Bomar Maclin P. Davis, Jr. Memphis, Tennessee K. Suzanne Crenshaw Nashville, Tennessee Judge: LILLARD First Paragraph: This is a divorce case. The husband is a physician employed by a professional association. The trial court granted the wife the divorce and awarded the wife, inter alia, 50% of the value of the husband's interest in his medical practice and 45% of the husband's retirement and profit sharing plans. The wife was awarded alimony in futuro of $6000 per month for 13 years. http://www.tba.org/tba_files/TCA/HARMONDO.wpd
TIMOTHY SHAUN McCLURE VS. STACY DAWN McCLURE Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: Charles M. Cary Tim J. Thompson Boliver, Tennessee Memphis, Tennessee Judge: LILLARD First Paragraph: This is a divorce case. The trial court awarded the husband sole custody of the parties' children and ordered the wife to pay child support. Supervised visitation was awarded to the wife, and visitation was also awarded to the maternal grandmother and great-grandmother. The trial court also ordered that the marital home be sold, with the proceeds divided between the parties. http://www.tba.org/tba_files/TCA/MCCLUR~1.wpd
KATHLEEN J. YOUNG-GREEN VS. RICHARD W. GREEN Court:TCA Attorneys: J. MICHAEL FLETCHER Memphis, Tennessee Attorney for Appellant BLANCHARD E. TUAL Memphis, Tennessee Attorney for Appellee Judge: HIGHERS First Paragraph: Kathleen Young-Green appeals from the judgment of the Chancery Court of Shelby County. Her complaint had sought imposition of a constructive trust over assets allegedly procured through the exercise of undue influence. The trial court dismissed the case under Rule 41.02 of the Tennessee Rules of Civil Procedure finding that the Plaintiff had not satisfied her burden of proof. For the reasons stated herein, we affirm the trial court's dismissal. http://www.tba.org/tba_files/TCA/young-green.wpd
JAMES A. AYERS also known as JAMES HARRIS VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: John E. Finklea Paul G. Summers Attorney for Appellant Attorney General and Reporter 99 North Third Street Memphis, TN 38103 Clinton J. Morgan Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 William L. Gibbons District Attorney General P. T. Hoover Asst. District Attorney General Criminal Justice Complex, Suite 301 201 Poplar Avenue Memphis, TN 38103 Judge: HAYES First Paragraph: The appellant, James A. Ayers also known as James Harris, appeals the order of the Shelby County Criminal Court summarily dismissing his petition for post-conviction relief. In this appeal, the appellant challenges the trial court's summary dismissal of his petition as being time-barred. Specifically, he argues that his claim was later arising under Burford and Sands. http://www.tba.org/tba_files/TCCA/AYERSJ~1_ORD.wpd
STEVEN DEWAYNE BOLDEN VS. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: Steven DeWayne Bolden Paul G. Summers W.T.S.P., Site 2 Attorney General and Reporter P.O. Box 1150 425 Fifth Avenue North Henning, TN 38041-1150 Nashville, TN 37243-0493 R. Stephen Jobe Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243-0493 Judge: OGLE First Paragraph: The petitioner, Steven DeWayne Bolden, appeals the dismissal of his petition for post-conviction relief by the Lake County Circuit Court on March 26, 1999. Following a review of the record and the parties' briefs, we affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/BOLDEN~1.wpd
STATE OF TENNESSEE VS. MARCO BOYD Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: A. C. WHARTON, JR. PAUL G. SUMMERS District Public Defender Attorney General & Reporter WALKER GWINN MICHAEL E. MOORE and Solicitor General J. T. HARRIS Assistant Public Defenders PETER COUGHLAN 201 Poplar Avenue Assistant Attorney General Memphis, TN 38103 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General LEE VESTER COFFEE Assistant District Attorney 201 Poplar Avenue, Suite 301 Memphis, TN 38103-1947 Judge: WILLIAMS First Paragraph: The defendant, Marco Boyd, pled guilty to two counts of reckless endangerment, Class E felonies. In his negotiated plea, he agreed to a fine of $500 on each count and two one-year concurrent sentences. The manner of service of the sentences was reserved for a later hearing. At the hearing, the trial court denied the defendant probation, and from that decision the defendant now appeals. After careful review, we AFFIRM the judgment from the trial court. http://www.tba.org/tba_files/TCCA/Boydm.wpd
STATE OF TENNESSEE VS. ERIC CHAMBERS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CHARLES E. WALDMAN PAUL G. SUMMERS 1433 Poplar Avenue Attorney General and Reporter Memphis, TN 38104 PATRICIA C. KUSSMAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General LEE VESTER COFFEE and PHILLIP GERALD HARRIS Assistant District Attorneys Criminal Justice Complex, Suite 301 201 Poplar Avenue Memphis, TN 38103 Judge: WILLIAMS First Paragraph: The defendant, Eric Chambers, appeals from a guilty verdict returned by a Shelby County jury for Especially Aggravated Kidnapping, a Class A felony, and two counts of Premeditated First Degree Murder, Class A felonies. See Tenn. Code Ann. SS 39-13-305,-202. http://www.tba.org/tba_files/TCCA/CHAMBE~1.wpd
CARLOUS COMAN VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MIKE MOSIER PAUL G. SUMMERS P. O. Box 1623 Attorney General & Reporter 204 West Baltimore Jackson, TN 38302-1623 R. STEPHEN JOBE Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 JAMES G. (Jerry) WOODALL District Attorney General ALFRED LYNN EARLS Assistant District Attorney P. O. Box 2825 Jackson, TN 38302 Judge: WILLIAMS First Paragraph: The petitioner, Carlous Coman, appeals from the Madison County Circuit Court's order denying his petition for post-conviction relief. On April 19, 1997, the petitioner was convicted by a Madison County jury of second degree murder. For this offense, the defendant, a Range I offender, was sentenced to twenty years in the Department of Correction. http://www.tba.org/tba_files/TCCA/Comanc.wpd
STATE OF TENNESSEE VS. MICHAEL GERARD COPPOLA Court:TCCA Attorneys: For the Appellant Vicki S. Snyder Assistant Public Defender 117 North Forrest Avenue Camden, TN 38320 For the Appellee Paul G. Summers Attorney General and Reporter R. Stephen Jobe Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 Robert "Gus" Radford District Attorney General Beth Boswell Assistant District Attorney General P.O. Box 503 Camden, TN 38320 Judge: OGLE First Paragraph: On April 28, 1997, the appellant, Michael Gerard Coppola, pled guilty in the Benton County Circuit Court to an array of offenses. The plea agreement provided for an effective six-year sentence with the Tennessee Department of Correction (T.D.O.C.) and payment of $3,363.10 of restitution to various victims. http://www.tba.org/tba_files/TCCA/Coppolam.wpd
RAY GABRIELLE COX VS. ANDERSON COUNTY HIGHWAY DEPARTMENT and ANDERSON COUNTY, TENNESSEE WITH DISSENTING OPINION Court:TCCA Attorneys: For Appellants For Appellee DAVID A. STUART ROGER L. RIDENOUR Clinton, Tennessee Ridenour, Ridenour & Fox Clinton, Tennessee Judge: SUSANO First Paragraph: In this tort action, the defendants appeal from an award of compensatory damages capped by the trial court at $130,000 pursuant to the Governmental Tort Liability Act ("GTLA"). They also seek to reverse the trial court's decision to assess them with discretionary costs of $3,440.98. We affirm all of the trial court's judgment except the award of discretionary costs. http://www.tba.org/tba_files/TCCA/Coxrg3_opn.wpd DISSENTING OPINION: http://www.tba.org/tba_files/TCCA/Coxrg3d_dis.wpd
HAROLD HALLESON VS. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant For Appellee Robert B. Gaia Paul G. Summers 100 North Main, Suite 3201-100 Attorney General and Reporter Memphis, TN 38103 425 Fifth Avenue North Nashville, TN 37243-0493 Patricia C. Kussmann Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Judge: OGLE First Paragraph: The appellant, Harold Halleson, pled guilty in the Shelby County Criminal Court on December 11, 1998, to one count of robbery and one count of forgery. Following a sentencing hearing, the trial court sentenced the appellant as a standard, Range I offender to concurrent terms of three years incarceration in the Shelby County Workhouse for the robbery conviction and one year incarceration in the workhouse for the forgery conviction. http://www.tba.org/tba_files/TCCA/hallesonha.wpd
JENNIFER KELLY VS. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant For Appellee Patrick F. Martin Paul G. Summers Hardee, Martin, Jaynes & Ivy, P.A. Attorney General and Reporter 213 East LaFayette Street 425 Fifth Avenue North Jackson, TN 38301 Nashville, TN 37243-0493 J. Ross Dyer Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Al Earls Asst District Attorney General P.O. Box 2825 Jackson, TN 38302 Judge: OGLE First Paragraph: The petitioner, Jennifer Kelly, appeals the denial by the Madison County Circuit Court of her petition for habeas corpus relief on April 27, 1999. Specifically, the petitioner challenges the execution of a five day sentence of incarceration more than four years after her conviction of driving under the influence in violation of Tenn. Code Ann. S 55-10-401 (1993). http://www.tba.org/tba_files/TCCA/KELLYJ.wpd
STATE OF TENNESSEE VS. KHANH V. LE WITH CONCURRING AND DISSENTING OPINIONS Court:TCCA Attorneys: For Appellant: For Appellee: W. Mark Ward Paul G. Summers Asst. Shelby County Public Defender Attorney General and Reporter Suite 2-01, 201 Poplar Ave. 450 James Robertson Parkway Memphis, TN 38103 Nashville, TN 37243-0493 Robert W. Jones Peter M. Coughlan Asst. Shelby County Public Def Assistant Attorney General Criminal Justice Center - 2nd Floor 425 Fifth Avenue North Memphis, TN 38103 Nashville, TN 37243-0493 Edgar A. Peterson, IV Asst District Attorney General Criminal Justice Center Memphis, TN 38103 Judge: OGLE First Paragraph: On November 10, 1997, the appellant, Khanh V. Le, was convicted by a jury in the Shelby County Criminal Court of first degree murder. The trial court sentenced the appellant to life imprisonment in the Tennessee Department of Correction. http://www.tba.org/tba_files/TCCA/lekhanhrev.wpd CONCURRING OPINION http://www.tba.org/tba_files/TCCA/lekahnC_con.wpd DISSENTING OPINION http://www.tba.org/tba_files/TCCA/lekhahnD_DIS.wpd
WILLIAM P. LIVINGSTON, JR. VS. DAVID MILLS, WARDEN, and STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: WILLIAM P. LIVINGSTON, JR. PAUL G. SUMMERS TDOC #109152 Attorney General & Reporter P. O. Box 2000 Wartburg, TN 37887-2000 TODD R. KELLEY Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 J. SCOTT McCLUEN District Attorney General P. O. Box 703 Kingston, TN 37763-0703 Judge: WILLIAMS First Paragraph: The petitioner, William Livingston, Jr., appeals from the Morgan County Court's summary dismissal of his writ for habeas corpus. http://www.tba.org/tba_files/TCCA/Livingstonwpjr.wpd
STATE OF TENNESSEE VS. ANDREA MCCRAW Court:TCCA Attorneys: FOR THE APPELLANT: DARRYL W. HUMPHREY 46 N. Third Street, Ste. 500 Memphis, TN 38103 FOR THE APPELLEE: PAUL G. SUMMERS Attorney General and Reporter PATRICIA C. KUSSMANN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 RANDALL E. NICHOLS District Attorney General STEVE GARRETT Assistant District Attorney General City-County Building Knoxville, TN 37902 Judge: SMITH First Paragraph: The appellant, Andrea McCraw, pled guilty in the Knox County Criminal Court to one (1) count of aggravated assault and was sentenced as a Range II, Multiple Offender to six (6) years incarceration. Pursuant to Rule 37(b)(2)(i) of the Tennessee Rules of Criminal Procedure, the appellant attempted to reserve a certified question of law to this Court on the issue whether he was denied his right to a speedy trial. After a thorough review of the record before this Court, we conclude that the appellant failed to properly reserve a certified question of law. Therefore, the appellant's issue is not properly before this Court, and this appeal is dismissed. http://www.tba.org/tba_files/TCCA/MCCRAWANDREA.wpd
STATE OF TENNESSEE VS. JAMES EMMETT MOSES, JR., a/k/a ALI HAKEM MAHAMMED Court:TCCA Attorneys: For the Appellant: For the Appellee: Julie K. Pillow Paul G. Summers Asst. Public Defender Attorney General and Reporter Post Office Box 700 Somerville, TN 38068 Tara B. Hinkle Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Gary F. Antrican 2d Floor, Cordell Hull Building Dist Public Defender Nashville, TN 37243-0493 Elizabeth T. Rice District Attorney General Tracey A. Brewer Asst. District Attorney General 302 Market Street Somerville, TN 38068 Judge: HAYES First Paragraph: The appellant, James Emmett Moses, Jr., a/k/a Ali Hakem Mahammed, appeals the sentencing decision of the Lauderdale County Circuit Court following his guilty pleas to the offenses of one count aggravated burglary, two counts of robbery, and one count of theft under $500. Following a sentencing hearing, the trial court imposed an effective sentence of twenty six years imprisonment. On appeal, the appellant challenges the length of the sentences and the imposition of consecutive sentences. http://www.tba.org/tba_files/TCCA/MosesJE.wpd
STATE OF TENNESSEE VS. WILLIAM PADILLA Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MARK JOHNSON PAUL G. SUMMERS 124 East Court Square Attorney General & Reporter Trenton, TN 38302 CLINTON J. MORGAN Counsel for the State 425 Fifth Avenue North Nashville, TN 37243 CLAYBURN L. PEEPLES District Attorney General 109 East First Street Trenton, TN 38382 Judge: WILLIAMS First Paragraph: The defendant, William Padilla, appeals from his Haywood County jury conviction of one count of rape of a child. The defendant received 25 years, the maximum sentence for a Range I standard offender. http://www.tba.org/tba_files/TCCA/Padillaw.wpd
STATE OF TENNESSEE VS. BYRON A. PEETE Court:TCCA Attorneys: For Appellant For Appellee Gerald S. Green Paul G. Summers 147 Jefferson Ave, Ste 404 Attorney General and Reporter Memphis, TN 38103 425 Fifth Avenue North Nashville, TN 37243-0493 J. Ross Dyer Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Thomas Henderson Dawn Doran Assistant District Attorneys General Criminal Justice Complex, Suite 301 201 Poplar Avenue Memphis, TN 38103 Judge: OGLE First Paragraph: The appellant, Byron A. Peete, appeals his conviction in the Shelby County Criminal Court of second degree murder. Pursuant to the appellant's conviction, the trial court sentenced the appellant to thirteen years and six months incarceration in the Tennessee Department of Correction. http://www.tba.org/tba_files/TCCA/peeteba.wpd
STATE OF TENNESSEE VS. ERNEST PURYEAR Court:TCCA Attorneys: For Appellant Dane N. Blue 4127 Callie Powell Cove Memphis, TN 38135-1645 (At Trial) Craig V. Morton II 200 Jefferson Avenue, Ste. 725 Memphis, TN 38103 (On Appeal) For Appellee Paul G. Summers Attorney General and Reporter Clinton J. Morgan Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 William L. Gibbons District Attorney General James J. Challen III Assistant District Attorney General 201 Poplar Avenue, Ste. 301 Memphis, TN 38103-1947 Judge: OGLE First Paragraph: A Shelby County jury found defendant guilty of aggravated robbery, a Class B felony. Defendant received an eight-year sentence. In this appeal as of right, defendant claims (1) the evidence was not sufficient to sustain the conviction for aggravated robbery, and (2) he received ineffective assistance of trial counsel. Upon our review of the record, we conclude the evidence was sufficient to sustain defendant's conviction, and defendant received effective assistance of counsel. Thus, we AFFIRM the judgment of the trial court. http://www.tba.org/tba_files/TCCA/puryearE.wpd
STATE OF TENNESSEE VS. TIM D. SMITH Court:TCCA Attorneys: For Appellant A. C. Wharton, Jr. Public Defender Michael J. Johnson Assistant Public Defender (At Trial) Tony N. Brayton Assistant Public Defender (On Appeal) 201 Poplar Avenue, Ste. 201 Memphis, TN 38103-1947 For Appellee Paul G. Summers Attorney General and Reporter R. Stephen Jobe 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, Ste. 301 Memphis, TN 38103-1947 Judge: OGLE First Paragraph: Defendant, Tim D. Smith, was found guilty by a Shelby County jury of automobile burglary, a Class E felony, and was sentenced by the trial court to six years as a career offender. The sole issue in this appeal as of right is whether the evidence is sufficient to support the guilty verdict. After a careful review of the record, we conclude the evidence is indeed sufficient to support the verdict. Accordingly, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/SMITHT~1.wpd
STATE OF TENNESSEE VS. PATRICIA SPENCER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: STEVEN L. HALE PAUL G. SUMMERS P. O. Box 638 Attorney General & Reporter Somerville, TN 38068 PATRICIA C. KUSSMANN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 ELIZABETH T. RICE District Attorney General 302 E. Market Street Somerville, TN 38068 Judge: WILLIAMS First Paragraph: On December 11, 1998, the defendant, Patricia Spencer, pled guilty to one count of second degree murder and one count of attempted especially aggravated robbery. http://www.tba.org/tba_files/TCCA/Spencerp.wpd
STATE OF TENNESSEE VS. MICHAEL THOMASON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Dwayne D. Maddox, III Paul G. Summers D. D. Maddox Attorney General & Reporter Maddox, Maddox & Maddox 19695 East Main Street Patricia C. Kussmann P. O. Box 827 Assistant Attorney General Huntingdon, TN 38344-0827 425 Fifth Avenue North Nashville, TN 37243-0493 James S. Haywood, Jr. 28 South Washington Clayburn L. Peeples P. O. Box 438 District Attorney General Brownsville, TN 38012 Shannon Poindexter Asst District Attorney General 110 South College Street, Ste 200 Trenton, TN 38382-1841 Judge: GLENN First Paragraph: The defendant, Michael Thomason, appeals as of right his conviction by a Haywood County Circuit Court jury of four counts of sexual battery, one count of aggravated sexual battery, and one count of contributing to the delinquency of a minor. http://www.tba.org/tba_files/TCCA/thomasonm.wpd
STATE OF TENNESSEE VS. BRIAN R. WATERS Court:TCCA Attorneys: For the Appellant: For the Appellee: Greg W. Eichelman Paul G. Summers District Public Defender Attorney General of Tennessee 1609 College Park Drive and Box 11 Clinton J. Morgan Dandridge, TN 37725-0416 Counsel for the State and 425 Fifth Avenue North R. Russell Mattocks Nashville, TN 37243 Assistant Public Defender 203 Washington Street, Suite H C. Berkeley Bell, Jr. Rogersville, TN 37857 District Attorney General 109 South Main Street, Suite 501 Greeneville, TN 37743 and John Douglas Godbee Asst District Attorney General 100 East Main Street, Suite 201 Rogersville, TN 37857 Judge: TIPTON First Paragraph: The defendant, Brian R. Waters, appeals as of right from his conviction following a jury trial in the Hawkins County Criminal Court for driving under the influence of an intoxicant (DUI), third offense, a Class A misdemeanor. The defendant was sentenced to eleven months, twenty-nine days of confinement in the county jail, to be served at seventy-five percent. He was fined two thousand nine hundred ten dollars. http://www.tba.org/tba_files/TCCA/Watersbr.wpd
JAMES WEBB VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant James Webb, Pro Se #244079 NWCX Site 2 Route 1, Box 660 Tiptonville, TN 38079 For the Appellee Paul G. Summers Attorney General and Reporter J. Ross Dyer Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 Clayburn L. Peeples District Attorney General 110 S. College Street, Suite 200 Trenton, TN 38382-1841 Judge: OGLE First Paragraph: The petitioner, James Webb, appeals as of right from the trial court's order summarily dismissing his pro se petition for post-conviction relief without an evidentiary hearing. We REVERSE the judgment of the trial court and REMAND for appointment of counsel and review of petitioner's claims. http://www.tba.org/tba_files/TCCA/WEBBJ.wpd

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