March 14, 2000
Volume 6 -- Number 039

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):
 
00 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
00 New Opinion(s) from the Tennessee Court of Appeals
06 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

						
SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/CERTLIST_0313.wpd





STATE OF TENNESSEE
VS.
GREGORY DAVIDSON

Court:TCCA

Attorneys:   

For Appellant                   For Appellee

Steve McEwen                    Paul G. Summers
Grayson & Wright                Attorney General and Reporter
P.O. Box 51                     425 Fifth Avenue North
Mountain City, TN  37683        Nashville, TN  37243-0493

Stacey D. Nordquist             Clinton J. Morgan
Asst District Public Defender   Assistant Attorney General 
419 High Street                 425 Fifth Avenue North
Maryville, TN  37804            Nashville, TN  37243-0493

                                Edward P. Bailey, Jr.
                                Assistant District Attorney General
                                942 East Lamar Alexander Parkway
                                Maryville, TN  37804                       

Judge: OGLE

First Paragraph:

On January 20, 1999, the appellant, Gregory Davidson, pled guilty in
the Blount County Circuit Court to possession of contraband in a penal
institution, a class C felony.  The appellant agreed to a sentence of
four years as a Range I offender but submitted the manner of service
of the sentence to the trial court for determination.  Specifically,
the appellant requested placement in a community corrections program. 
Following a sentencing hearing on July 20, 1999, the trial court
denied the appellant any form of alternative sentence.  On appeal, the
appellant asserts that the trial court erred in denying a community
corrections sentence.  Following a review of  the record and the
parties' briefs, we affirm the judgment of the trial court.

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





STATE OF TENNESSEE
VS.
JEFFERY RAY JENNINGS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:      FOR THE APPELLEE:

WILLIAM LOUIS RICKER    PAUL G. SUMMERS
250 West Depot Street   Attorney General and Reporter
Greeneville, TN 37743
                        ELIZABETH T. RYAN
                        Assistant Attorney General
                        425 Fifth Avenue North
                        Nashville, TN  37243

                        C. BERKELEY BELL
                        District Attorney General

                        CECIL C. MILLS
                        Assistant Attorney General
                        109 S. Main St.
                        Greeneville, TN 37743                         

Judge: SMITH

First Paragraph:

A Greene County jury convicted the appellant, Jeffery Ray Jennings, of
one (1) count of aggravated robbery.  The trial court sentenced the
appellant as a Range I, Standard Offender, to twelve (12) years
incarceration.  On appeal, the appellant raises the following issues
for this Court's consideration: (1) whether the trial court erred in
denying the appellant's motion to suppress a pretrial photographic
lineup;

(2) whether the evidence is sufficient to sustain his conviction for
aggravated robbery; and

(3) whether the trial court imposed an excessive sentence.

After thoroughly reviewing the record before this Court, we conclude
that there is no reversible error.  Therefore, we affirm the judgment
of the trial court.

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





STATE OF TENNESSEE
VS.
PAUL RAYMOND OSBORN

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

ROBERT D. LAWSON, JR.       PAUL G. SUMMERS
1200 First Tennessee Bldg.  Attorney General and Reporter
701 Market Street
Chattanooga, TN 37402-4889  MARVIN S. BLAIR, JR.
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN  37243-0493

                            BILL COX
                            District Attorney General

                            PARKE MASTERSON
                            Assistant District Attorney
                            City and County Courts Building
                            Chattanooga, TN 37402                         

Judge: SMITH

First Paragraph:

Paul Raymond Osborn, the defendant and appellant, was convicted by a
Hamilton County jury for driving under the influence of an intoxicant,
third offense.  Following the verdict, the jury imposed a fine of
ten-thousand dollars.  The trial court then held a sentencing hearing,
after which the trial court sentenced the defendant to eleven (11)
months and twenty-nine (29) days in jail, revoked his driving
privileges for three (3) years, ordered his participation in an
alcohol rehabilitation program, and approved the ten-thousand dollar
fine imposed by the jury.

http://www.tba.org/tba_files/TCCA/OSBORN~1.wpd






STATE OF TENNESSEE
VS.
HENRY DEQUAN RHODES

Court:TCCA

Attorneys:  

For the Appellant:          For the Appellee:

Gregory D. Smith            Paul G. Summers
Contract Appellate Defender Attorney General and Reporter
One Public Sq., Ste 321 
Clarksville, Tn  37040      Kim R. Hepler
                            Assistant Attorney General      
                            Criminal Justice Division
                            425 Fifth Avenue North
                            2d Floor, Cordell Hull Building
                            Nashville, TN 37243-0493            
    
                        
                            Tom P. Thompson, Jr.
                            District Attorney General

                            Robert Hibbett
                            Asst. District Attorney General
                            119 College Street
                            Lebanon, TN  37087                        

Judge: HAYES

First Paragraph:

The appellant, Henry Dequan Rhodes,  was indicted by a Wilson County
Grand Jury for first degree felony murder committed in the
perpetration of aggravated child abuse.  Following a jury trial, he
was found guilty of the indicted offense and sentenced to life
imprisonment.  On appeal, he argues: I.  The evidence is insufficient
to sustain a verdict of felony murder; and

II.  The trial court erred in admitting certain photographs into
evidence.


After review, we find no error of law requiring reversal.  The
judgment of the trial court is affirmed.

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





STATE OF TENNESSEE
VS.
DERRICK EUGENE STACKER

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

CHARLES S. BLOODWORTH               PAUL G. SUMMERS
Assistant District Public Defender  Attorney General & Reporter
625 Frosty Morn Drive       
Clarksville, Tennessee  37040       KIM R. HELPER
                                    Assistant Attorney General
                                    425 Fifth Avenue North
                                    Nashville, Tennessee  37243-0493                         

Judge: LAFFERTY

First Paragraph:

The appellant, Derrick Eugene Stacker, referred to herein as "the
defendant," appeals as of right from a jury conviction for reckless
aggravated assault, a Class D felony. At the conclusion of a
sentencing hearing, the Montgomery County Circuit Court imposed a
sentence of four (4) years in the Department of Correction.

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





STATE OF TENNESSEE
VS.
JEFFREY EUGENE WRIGHT, a.k.a. JEFFREY EUGENE ARNELL

Court:TCCA

Attorneys: 

For the Appellant:          For the Appellee:

Thomas H. Miller            Paul G. Summers
Attorney for Appellant      Attorney General and Reporter
P. O. Box 681662    
Franklin, TN  37068-1662    David H. Findley
                            Assistant Attorney General      
                            Criminal Justice Division
                            425 Fifth Avenue North
                            2d Floor, Cordell Hull Building
                            Nashville, TN 37243-0493            
    
                        
                            Victor S. (Torry) Johnson III
                            District Attorney General

                            Lisa Naylor
                            Asst. District Attorney General
                            Washington Sq., Suite 500
                            222-2nd Ave. N.
                            Nashville, TN  37201-1662                         

Judge: HAYES

First Paragraph:

The appellant, Jeffrey Eugene Wright, a.k.a., Jeffery Eugene Arnell,
was indicted by a Davidson County Grand Jury for the offenses of
attempted first degree murder, aggravated assault, and aggravated
robbery.  Following a jury trial, the appellant was found guilty of
attempted voluntary manslaughter and aggravated assault.  He was found
not guilty of aggravated robbery.  At the sentencing hearing, the
trial court imposed concurrent sentences of four years for attempted
voluntary manslaughter and six years for aggravated assault.  The
court denied any form of alternative sentencing.  In this appeal as of
right, the appellant contends (1) that the sentence imposed by the
trial court is excessive and (2) that the court erred by imposing a
sentence of total confinement.

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

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