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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