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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 |
-
There are three ways for TBALink members to get the full-text versions of these opinions from the Web:
Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.
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Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.
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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