March 15, 2000
Volume 6 -- Number 040

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
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
07 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

						
STATE OF TENNESSEE
VS.
WALTER LEE ALLEN

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

EDWARD CANTRELL MILLER      PAUL G. SUMMERS
District Public Defender    Attorney General & Reporter
P. O. Box 416
Dandridge, TN 37725-0416    ERIK W. DAAB
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243

                            AL C. SCHMUTZER, JR.
                            District Attorney General

                            GENERAL JAMES L. GASS
                            Assistant District Attorney
                            P. O. Box 70
                            Dandridge, TN  37725                         

Judge: WILLIAMS

First Paragraph:

The defendant, Walter Lee Allen, appeals from a guilty verdict
returned by a Jefferson County jury for robbery, a Class C felony. 
See Tenn. Code Ann. S 39-13-401.  The defendant was sentenced to the
Department of Correction for ten years as a Range II Multiple
Offender, consecutive to a sentence imposed in Hamblen County.

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



STATE OF TENNESSEE VS. DARRELL BAKER Court:TCCA Attorneys: For the Appellant: For the Appellee: John H. Henderson Paul G. Summers District Public Defender Attorney General of Tennessee Post Office Box 68 and Franklin, TN 37065-0068 David H. Findley Asst Attorney General of TN 425 Fifth Avenue North Nashville, TN 37243 Ronald L. Davis District Attorney General Post Office Box 937 Franklin, TN 37065-0937 Judge: TIPTON First Paragraph: The defendant, Darrell Baker, appeals as of right from sentences imposed by the Hickman County Criminal Court. Upon his pleas of guilty, the defendant was sentenced as a Range I, standard offender to six-year terms for two aggravated assaults, Class C felonies, and a two-year term for vandalism causing damage over five hundred dollars, a Class E felony. The trial court ordered the aggravated assault sentences to be served consecutively for an effective sentence of twelve years in the Department of Correction. The defendant contends that the trial court erred by not imposing the minimum sentences available for the offenses and by imposing a consecutive sentence. We affirm the trial court. http://www.tba.org/tba_files/TCCA/Bakerd.wpd
STATE OF TENNESSEE VS. STACY ALLEN BULLARD Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: WAYNE CARTER PAUL G. SUMMERS Assistant Public Defender Attorney General and Reporter P. O. Box 1453 Cleveland, TN 37364-1453 PATRICIA C. KUSSMANN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 JERRY N. ESTES District Attorney General SHARI TAYLOE 10th Judicial District P. O. Box 1351 Cleveland, TN 37364-1351 Judge: SMITH First Paragraph: The appellant, Stacy Allen Bullard, was convicted by a Bradley County jury of one (1) count of second degree murder. The trial court sentenced the appellant as a Violent Offender to twenty-five (25) years incarceration. On appeal, the appellant presents the following issues for this Court's review: (1) whether the trial court erred in denying the appellant's motion to suppress his statement given to law enforcement authorities; (2) whether the trial court erred in allowing the state to strike the word "deliberately" from the indictment; (3) whether the appellant was denied his right to a fair trial as a result of juror bias; and (4) whether the trial court erred in imposing the appellant's sentence. After a thorough review of the record before this Court, we conclude that there is no reversible error. Therefore, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/BULLARDSTACY.wpd
STATE OF TENNESSEE VS. JAMES MATTHEW LAWRENCE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: FRANK LANNOM PAUL G. SUMMERS BRODY KANE Attorney General & Reporter 102 E. Main St. Lebanon, TN 37087 MARK E. DAVIDSON Asst. Attorney General 425 Fifth Ave., N. Nashville, TN 37243-0493 TOM P. THOMPSON District Attorney General ROBERT HIBBETT Asst. District Attorney General 119 College St. Lebanon, TN 37087 Judge: PEAY First Paragraph: Defendant was transferred from juvenile to criminal court and indicted for attempted second-degree murder and two counts of aggravated assault, all arising from defendant having shot and injured a single victim. Defendant pled guilty to one count of aggravated assault, with no agreement as to his sentence. After a hearing, the trial court sentenced defendant as a Range I standard offender to five years incarceration. On this direct appeal, defendant contends that his sentence is too long and that the trial court erred in not granting him an alternative sentence. Upon our review of the record, we affirm the judgment below. http://www.tba.org/tba_files/TCCA/LAWRENCE.wpd
RUDY WENDELL MYERS VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: RUDY WENDELL MYERS (pro se) Rt. 4, Box 600 Pikeville, TN 37367 FOR THE APPELLEE: PAUL G. SUMMERS Attorney General & Reporter MARVIN E. CLEMENTS, JR. Asst. Attorney General 425 Fifth Ave. North Nashville, TN 37243-0493 JAMES M. TAYLOR District Attorney General STEVEN M. BLOUNT Asst. District Attorney General 1002 West Main St. Decherd, TN 37324 Judge: WITT First Paragraph: The defendant, Rudy Wendell Myers, appeals from the dismissal of his third post-conviction petition by the Franklin County Circuit Court. In 1984 the defendant pleaded guilty to felony murder, assault with intent to commit first degree murder with bodily injury occurring to the victim, and armed robbery. He was sentenced to consecutive life sentences for each of the offenses. He did not directly appeal his convictions. http://www.tba.org/tba_files/TCCA/MyersR.wpd
SCOTT HOUSTON NIX VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: SCOTT HOUSTON NIX, Pro Se PAUL G. SUMMERS S.T.S.R.C..F. Unit 11 Attorney General & Reporter Route 4, Box 600 Pikeville, TN 37367 ERIK W. DAAB Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 RANDALL EUGENE NICHOLS District Attorney General P. O. Box 1468 Knoxville, TN 37901-1468 Judge: WILLIAMS First Paragraph: The petitioner, Scott Houston Nix, appeals from the trial court's summary dismissal of his petition for post-conviction relief based upon the statute of limitations. The petitioner contends: (1) his mental incompetence tolled the statute of limitations and (2) a due process exception to the statute of limitations established in Burford v. State, 845 S.W.2d 204 (Tenn. 1995), applies. We disagree with the petitioner and affirm the trial court. http://www.tba.org/tba_files/TCCA/Nixscoth.wpd
STATE OF TENNESSEE VS. PAUL ANTHONY ROUSE Court:TCCA Attorneys: For Appellant: For Appellee: Mark E. Stephens Paul G. Summers District Public Defender Attorney General and Reporter David Gall Clinton J. Morgan Paula R. Voss Counsel for the State Assistant Public Defenders 425 Fifth Avenue North 1209 Euclid Avenue Nashville, TN 37243-0493 Knoxville, TN 37921 William Jeff Blevins Asst. District Attorney General 400 Main Street Knoxville, TN 37902 Judge: WADE First Paragraph: The defendant, Paul Anthony Rouse, pled guilty to theft of property over $60,000, a class B felony. Tenn. Code Ann. S 39-14-103, -105. Pursuant to the plea agreement, the defendant was sentenced to the minimum sentence of eight years as a standard offender. His application for probation was denied. In this appeal of right the single issue presented for review is whether the trial court abused its discretion by denying probation. We find no error and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/rousepa.wpd

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