March 21, 2000 Volume 6 -- Number 043 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):   03 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 20 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. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion. 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 DOROTHY JANE AHERN (PIEROTTI) VS. ROBERT FRANCIS AHERN Court:TSC Attorneys: FOR DEFENDANT-APPELLANT: FOR PLAINTIFF-APPELLEE: JOHN R. CANDY ROBERT A. WAMPLER Collierville MARK A. FULKS Memphis GARLAND ERGUeDEN Memphis W. MARK WARD Memphis Judge: HOLDER First Paragraph: We granted this appeal to determine: 1) whether the constitutional protections against double jeopardy prevented the defendant's retrial for criminal contempt after testimony had been taken by one judge and the case was then transferred to a second judge; and 2) whether the defendant was entitled to a jury trial when the defendant was tried for criminal contempt under Tenn. Code Ann. S 29-9-102 et seq. (1980). http://www.tba.org/tba_files/TSC/aherndj.wpd STATE OF TENNESSEE VS. FREDERICK SLEDGE Court:TSC Attorneys: FOR APPELLANT: FOR APPELLEE: WILLIAM P. REDICK, JR. PAUL G. SUMMERS Whites Creek Attorney General and Reporter MICHAEL E. MOORE Solicitor General JENNIFER L. SMITH Assistant Attorney General Nashville Judge: HOLDER First Paragraph: We granted review to address whether omission of a culpable mental state in an indictment for felony murder rendered the indictment insufficient to support a conviction. We hold that inclusion in the language of the indictment of the explicit reference to the felony murder statutory section was sufficient to apprise the defendant of his charge and to protect the defendant from reprosecution for the same offense. The indictment satisfies the requirements enunciated by this Court in State v. Hill, 954 S.W.2d 725 (Tenn. 1997), Ruff v. State, 978 S.W.2d 95 (Tenn. 1998), and State v. Carter, 988 S.W.2d 145, 149 (Tenn. 1999). The defendant has raised numerous other issues in this appeal. We hold those issues are both moot and without merit. This case is remanded to the trial court for resentencing pursuant to the judgment of the Court of Criminal Appeals. http://www.tba.org/tba_files/TSC/sledgefr.wpd ANITA GAYLE STAPLES and GARLAND B. STAPLES VS. CBL & ASSOCIATES, INC., PROFFITTS FOR WOMEN, INC., and ERMC LP, d/b/a RUSSELL SECURITY SERVICES WITH CONCURRING OPINION Court:TSC Attorneys: FOR PLAINTIFFS/ APPELLANTS FOR DEFENDANTS/ APPELLEES Jere Franklin Ownby, III Joe E. Manuel Law Offices of Peter G. Angelos, P.C. Manuel & James Knoxville, TN Chattanooga, TN N. Mark Kinsman Baker, Kinsman & Hollis Chattanooga, TN Lex A. Coleman Richard R. Ruth & Assoc. Chattanooga, TN Judge: DROWOTA First Paragraph: In this case we decide the liability of a shopping mall, its security company, and one of its anchor stores to a customer who was abducted on mall premises. In deciding this issue we apply the reasoning and law set forth in McClung v. Delta Square Ltd. Partnership, 937 S.W.2d 891 (Tenn. 1996), which is controlling in cases dealing with the duty of care owed by premises owners or occupiers to protect customers from the criminal acts of third parties committed on their premises. Here, the plaintiff was abducted from inside a mall and forced to drive with the perpetrator until she finally escaped. She now seeks recovery against the mall, its security company, and one of its anchor stores based on negligence for failure to implement and maintain adequate security and to otherwise protect her from being abducted. The defendants maintain that they owed no duty to this plaintiff, but that even if they did, the plaintiff cannot recover because she was at least fifty percent at fault for causing her injuries. http://www.tba.org/tba_files/TSC/staplesag_opn.wpd CONCURRING OPINION: http://www.tba.org/tba_files/TSC/staplesagC_con.wpd SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/CERTLIST_0320.wpd MONROE E. DAVIS VS. STATE OF TENNESSEE Court:TCA Attorneys: For the Claimant/Appellant: For the Defendant/Appellee: Monroe E. Davis, Pro Se Paul G. Summers Henning, Tennessee Arthur Crownover, II Nashville, Tennessee Judge: LILLARD First Paragraph: This is a Claims Commission complaint by a prisoner against the State. The plaintiff appeals the Claims Commission's order dismissing his case for failure to prosecute. We affirm. http://www.tba.org/tba_files/TCA/davismonroe.wpd THURMAN N. DESHAZER VS. FERRELL PAVING, INC. Court:TCA Attorneys: Stuart Brian Breakstone Attorney for Plaintiff/Appellant Richard Glassman Richard Sorin Attorney for Defendant/Appellee Judge: LILLARD First Paragraph: This case involves a motion to set aside a final judgment under Rule 60.02 of the Tennessee Rules of Civil Procedure. Over three years after the plaintiff's lawsuit was settled, the plaintiff filed a motion to have the consent order of dismissal set aside, asserting that her lawyer had settled the case without her knowledge or consent. The trial court denied the motion. The plaintiff appeals. We affirm. http://www.tba.org/tba_files/TCA/deshazertn.wpd DIANNE FISHER VS. ISAAC MANUEL FISHER, JR. Court:TCA Attorneys: ISAAC M. FISHER, JR., pro se Memphis, Tennessee SUSAN MACKENZIE Memphis, Tennessee Attorney for Appellee Judge: HIGHERS First Paragraph: Husband (Isaac Manuel Fisher) appeals from the trial court's division of marital assets in this divorce case. The trial court awarded the majority of marital assets to Wife (Sylvia Diane Fisher) and the majority of marital debts to Husband. Husband asserts that the trial court erred in both courtroom procedure and interpretation of relevant law. In addition, Husband alleges that Wife's attorney behaved unethically. For the following reasons, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCA/fisherdianne.wpd STATE OF TENNESSEE VS. CARLOS E. BURRIS ORDER Court:TCCA Judge: HAYES First Paragraph: This matter is before the Court upon the state's motion to affirm the trial court judgment by order pursuant to Rule 20, Rules of the Court of Criminal Appeals. The appellant is appealing the trial court's revocation of his probation. After a hearing on the matter, the trial court found that the appellant violated the terms and conditions of his probation. The appellant and his probation officer testified at the hearing. http://www.tba.org/tba_files/TCCA/BURRIsc.wpd STATE OF TENNESSEE VS. GEORGE DEVON COLLINS Court:TCCA Attorneys: FOR THE APPELLEE: FOR THE APPELLANT: THOMAS R. MEEKS PAUL G. SUMMERS 137 Franklin Street Attorney General and Reporter Clarksville, TN 37040 KIM R. HELPER Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 JIM CARNEY District Attorney General DANIEL BROLLIER Assistant District Attorney General 120 Legion Street Clarksville, TN 37040 Judge: WELLES First Paragraph: The State appeals as of right from the order of the trial court dismissing the case following the State's refusal to reveal the identity of its confidential informant after having been ordered to do so by the trial court. The State sets forth the following issue for our review: whether the trial court abused its discretion by dismissing the indictment when the State did not reveal the identity of its confidential informant. We hold that the trial judge did not abuse his discretion by dismissing the indictment, and we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/collinsgd.wpd CHARLES A. CRENSHAW VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: CHARLES A. CRENSHAW Pro Se #142484 LC-210 H.C.C.F. P. O. Box 549 Whiteville, TN 38075 FOR THE APPELLEE: PAUL G. SUMMERS Attorney General and Reporter DAVID H. FINDLEY Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 LAWRENCE RAY WHITLEY District Attorney General DEE GAY Assistant District Attorney General 113 West Main Street, 3rd Floor Gallatin, TN 37066-2803 Judge: RILEY First Paragraph: Petitioner, Charles A. Crenshaw, appeals as of right from the summary dismissal of his petition for post-conviction relief. The sole issue for review is whether the trial court should have granted an evidentiary hearing on the basis of allegations of ineffective assistance of appellate counsel. After reviewing the record, we AFFIRM the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Crenshawca.wpd STATE OF TENNESSEE VS. GARY J. GREER Court:TCCA Attorneys: For Appellant: For Appellee: Jeffrey A. DeVasher Paul G. Summers Assistant Public Defender Attorney General and Reporter 1202 Stahlman Building 425 Fifth Avenue North Nashville, TN 37201 Nashville, TN 37243-0493 Laura C. Dykes Elizabeth T. Ryan Assistant Public Defender Assistant Attorney General 1202 Stahlman Building 425 Fifth Avenue North Nashville, TN 37201 Nashville, TN 37243-0493 James P. McNamara Patty Ramsey Assistant Public Defender Asst District Attorney General 1202 Stahlman Building Washington Square, Suite 500 Nashville, TN 37201 222 2nd Avenue North Nashville, TN 37201-1649 Judge: OGLE First Paragraph: The appellant, Gary J. Greer, appeals his conviction by a jury in the Davidson County Criminal Court of aggravated sexual battery. Pursuant to the appellant's conviction, the trial court imposed a sentence of fifteen years incarceration in the Tennessee Department of Correction. On appeal, the appellant presents the following issues for our consideration: (1) Whether the trial court erroneously required the jury to resume deliberations when, contrary to the trial court's instructions, the jury returned verdicts of guilt on both counts of the appellant's indictment; (2) Whether the trial court erred in accepting the jury's subsequent verdict of guilt of aggravated sexual battery; and (3) Whether the trial court's supplementary instructions to the jury improperly influenced the jury's deliberations. 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/greergj.wpd STATE OF TENNESSEE VS. LAWRENCE JACKSON Court:TCCA Attorneys: FOR THE APPELLEE: FOR THE APPELLANT: MICHAEL R. JONES PAUL G. SUMMERS Public Defender Attorney General and Reporter 110 Sixth Avenue, West Springfield, TN 37172 TODD R. KELLEY Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 JOHN CARNEY District Attorney General C. DANIEL BROLLIER, JR. Assistant District Attorney General 120 Legion Street Clarksville, TN 37041 Judge: WELLES First Paragraph: The State appeals as of right from the order of the trial court dismissing the case following the State's refusal to reveal the identity of its confidential informant after having been ordered to do so by the trial court. The State presents the following issue for our review: whether the trial court erred in granting the defendant's motion to discover the identity of the State's confidential informant. We hold that the issue presented by the State is not properly before us. We also conclude that the trial court did not abuse its discretion by dismissing the indictment when the State refused to reveal the identity of its confidential informant. http://www.tba.org/tba_files/TCCA/jacksonl.wpd STATE OF TENNESSEE VS. ROBBIE JAMES WITH CONCURRING OPINION Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: EDWARD J. GROSS PAUL G. SUMMERS Parkway Towers, Ste. 1601 Attorney General and Reporter Nashville, TN 37219 ELLEN H. POLLACK Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General WILLIAM R. REED Assistant District Attorney General Washington Sq., Ste. 500 222-2nd Avenue, N. Nashville, TN 37201-1649 Judge: RILEY First Paragraph: This case is before this Court upon remand from the Supreme Court of Tennessee. The defendant was convicted of child rape and sentenced to fifteen years in the Department of Correction. Originally, we concluded the trial court committed reversible error by failing to charge aggravated child abuse as a lesser offense of child rape. The order of the Supreme Court remands to this Court for reconsideration in light of State v. Dominy, 6 S.W.3d 472 (Tenn. 1999). We now conclude the trial court did not commit reversible error and AFFIRM the judgment of the trial court. http://www.tba.org/tba_files/TCCA/jamesr_opn.wpd CONCURRING OPINION: http://www.tba.org/tba_files/TCCA/jamesrC_con.wpd STATE OF TENNESSEE VS. RICKY DALE KEEN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JEFFERY A. DEVASHER PAUL G. SUMMERS Assistant Public Defender Attorney General & Reporter KARL F. DEAN MARVIN E. CLEMENTS, JR. Metropolitan Public Defender Assistant Attorney General Criminal Justice Division 1202 Stahlmann Building 425 Fifth Avenue North Nashville, TN 37201 Nashville, TN 37243 VICTOR S. JOHNSON, III District Attorney General BRET GUNN Assistant District Attorney Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201 Judge: ACREE First Paragraph: This is an appeal as of right by the defendant of the sentence imposed upon him. The trial judge sentenced the defendant to three consecutive sentences of 15 years each or a total of 45 years. The defendant contends the sentence is excessive. http://www.tba.org/tba_files/TCCA/keen.wpd STATE OF TENNESSEE VS. LADONNA KAY LAMBERT Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MARK H. TOOHEY PAUL G. SUMMERS 158 Cherokee Street Attorney General and Reporter Kingsport, TN 37617 MICHAEL J. FAHEY, II Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 GREELEY WELLS District Attorney General GREGORY NEWMAN Assistant District Attorney Blountville, TN 37617 Judge: SMITH First Paragraph: The appellant, Ladonna Kay Lambert, entered a guilty plea in the Sullivan County Criminal Court to one (1) count of driving under the influence of an intoxicant. In lieu of the mandatory minimum 48 hours incarceration for a first time offender, the appellant requested that the trial court sentence her to 200 hours of community service pursuant to Tenn. Code Ann. S 55-10-403(n), which applies only to those offenders convicted in Davidson County. http://www.tba.org/tba_files/TCCA/lambertladonna.wpd STATE OF TENNESSEE VS. TERRY T. LEWIS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DWIGHT E. SCOTT PAUL G. SUMMERS Attorney at Law Attorney General & Reporter 4024 Colorado Ave. Nashville, TN 37209 ELIZABETH T. RYAN Asst. Attorney General 425 Fifth Ave. North 2d Floor, Cordell Hull Bldg. Nashville, TN 37243-0493 VICTOR S. JOHNSON III District Attorney General PAMELA ANDERSON T.J. HAYCOX Asst. District Attorneys General Washington Square, Ste. 500 222 Second Ave., North Nashville, TN 37201 Judge: WITT First Paragraph: The defendant, Terry T. Lewis, appeals from his convictions of first degree murder and attempted robbery, which he received at the conclusion of a jury trial in the Davidson County Criminal Court. Lewis is presently serving an effective sentence of life in the Department of Correction. http://www.tba.org/tba_files/TCCA/lewistt.wpd MARSHALL H. LOCKE, JR. VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MARSHALL H. LOCKE, JR. PAUL G. SUMMERS Pro Se Attorney General and Reporter Route 4, Box 600 Pikeville, TN 37367 TODD R. KELLEY Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 JOE D. BAUGH, JR. District Attorney General RON DAVIS Assistant District Attorney General P.O. Box 937 Franklin, TN 37064 Judge: WELLES First Paragraph: This case presents us with a second opportunity to consider the Defendant's request for post-conviction relief. The Defendant, Marshall H. Locke, Jr., was convicted of first degree burglary and aggravated rape in 1987. In 1988, this Court affirmed his conviction, and the Tennessee Supreme Court denied permission to appeal in 1989. http://www.tba.org/tba_files/TCCA/lockemh.wpd ALFRED LEE MAULDIN VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: ALFRED LEE MAULDIN Pro Se 1101 John A. Denie Rd. P.O. Box 34550 FCI-Memphis, TN 38184 FOR THE APPELLEE: PAUL G. SUMMERS Attorney General and Reporter MARVIN E. CLEMENTS, JR. Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 T. MICHAEL BOTTOMS District Attorney General 252 N. Military Ave. Ste 202, P.O. Box 459 Lawrenceburg 38464-0459 Judge: RILEY First Paragraph: Defendant appeals as of right from the Maury County Circuit Court's dismissal of his motion for expungement. Upon our examination of the record presented for review, we hold the trial court properly denied relief as to all convicted offenses but erred in denying relief as to the dismissed cases. We remand to the trial court for entry of an order in accordance with this opinion. http://www.tba.org/tba_files/TCCA/MauldinAL.wpd STATE OF TENNESSEE VS. JERRY ALLEN MILLSAPS Court:TCCA Attorneys: FOR THE APPELLANT: CHARLES M. CORN District Public Defender 53-A Central Ave. P.O. Box 1453 Cleveland, TN 37364-1453 FOR THE APPELLEE: PAUL G. SUMMERS Attorney General and Reporter LUCIAN D. GEISE Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 JERRY N. ESTES District Attorney General WILLIAM W. REEDY Assistant District Attorney General 130 Washington Ave. NE P.O. Box 647 Athens, TN 37371-0647 Judge: RILEY First Paragraph: Defendant was convicted by a Monroe County jury of premeditated first degree murder and sentenced to life without the possibility of parole. In this appeal as of right, defendant makes the following allegations: (1) The evidence is insufficient to support his conviction; (2) The trial court erroneously limited cross-examination regarding the victim's family's and employee's reputation for violence.; (3) The trial court erred by failing to appoint a disinterested interpreter and by limiting cross-examination into the credibility of the court- appointed interpreter; and (4) The evidence was insufficient to establish the heinous, atrocious, and cruel aggravating circumstance. Upon careful consideration of the record presented for review, we AFFIRM the judgment of the trial court. http://www.tba.org/tba_files/TCCA/MillspsJA.wpd STATE OF TENNESSEE VS. RICHARD MISFELDT Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: EDWARD L. BORING PAUL G. SUMMERS P. O. Box 1025 Attorney General & Reporter Pikeville, TN 37367 LUCIAN D. GEISE Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243 J. MICHAEL TAYLOR District Attorney General STEVEN H. STRAIN Assistant District Attorney 3751 Main Street Jasper, TN 37347 Judge: ACREE First Paragraph: This is an appeal as of right by the defendant of the sentence imposed upon him. The trial judge sentenced the defendant to the Tennessee Department of Corrections. The defendant contends that he should have received alternative sentencing. http://www.tba.org/tba_files/TCCA/Misfeldt.wpd STATE OF TENNESSEE VS. EDWARD PINCHON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DWIGHT SCOTT PAUL G. SUMMERS Attorney At Law Attorney General & Reporter 4024 Colorado Avenue Nashville, TN 37209 DAVID H. FINDLEY Asst. Attorney General 425 Fifth Avenue North Nashville, TN 37243 VICTOR S. JOHNSON, III District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201 KATRIN MILLER BRET GUNN Asst. District Attorneys General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201 Judge: WITT First Paragraph: The defendant, Edward Pinchon, appeals his first degree murder conviction which resulted from a Davidson County Criminal Court jury trial in September, 1999. The trial court imposed a sentence of life confinement in the Department of Correction, with the possibility of parole. In this appeal, the defendant complains that the evidence is insufficient to support the conviction and that the trial court erred when it instructed the jury that, should the defendant be convicted of first degree murder, he would receive a sentence of life with the possibility of parole. After review, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/PinchonE.wpd CHAD DOUGLAS POOLE VS. STATE OF TENNESSEE ORDER Court:TCCA Judge: WILLIAMS First Paragraph: The petitioner, Chad Douglas Poole, appeals from the Hardeman County Circuit Court's order denying his petition for post-conviction relief. His petition followed guilty pleas to especially aggravated robbery and other charges not related to this appeal. For the especially aggravated robbery, he was sentenced to 21 years in the Department of Correction as a standard offender. In this appeal, he challenges only the especially aggravated robbery conviction and presents only one argument. He argues that his guilty plea to the especially aggravated robbery is defective as it was entered unknowingly and involuntarily. After careful review, we AFFIRM the trial court's dismissal of the petition for post-conviction relief pursuant to Tenn. Ct. Crim. R. App. 20. http://www.tba.org/tba_files/TCCA/Poolecd.wpd STATE OF TENNESSEE VS. ROBERT E. PUGH Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: A. C. WHARTON, JR. PAUL G. SUMMERS District Public Defender Attorney General & Reporter W. MARK WARD J. ROSS DYER and Assistant Attorney General MICHAEL JOHNSON 425 Fifth Avenue North Assistant Public Defenders Nashville, TN 38103 201 Poplar Avenue Memphis, TN 38103 WILLIAM L. GIBBONS District Attorney General AMY P. WEIRICH Assistant District Attorney 201 Poplar Avenue, Suite 301 Memphis, TN 38103-1947 Judge: WILLIAMS First Paragraph: The defendant, Robert E. Pugh, appeals from his Shelby County jury verdict of aggravated robbery. He was sentenced as a Range I offender to twelve years in the Department of Correction. Now on appeal, the defendant asserts as his sole issue the sufficiency of evidence. After careful review, we AFFIRM the judgment from the trial court. http://www.tba.org/tba_files/TCCA/Pughr.wpd STATE OF TENNESSEE VS. TADARYL DARNELL SHIPP Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: M. CHRISTOPHER COFFEY PAUL G. SUMMERS Pryor, Flynn, Priest & Harber Attorney General & Reporter 625 S. Gay Street, Suite 600 P.O. Box 870 ELIZABETH B. MARNEY Knoxville, TN 37902 Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 RANDALL E. NICHOLS District Attorney General City-County Building Knoxville, TN 37902 WILLIAM CRABTREE Asst. District Attorney General City-County Building Knoxville, TN 37902 Judge: WITT First Paragraph: The defendant, Tadaryl Darnell Shipp, brings his second direct appeal to this court from the Knox County Criminal Court, where a jury convicted him of first degree murder in the slaying of Colleen Slemmer and sentenced him to life with the possibility of parole. The jury also convicted him of conspiracy to commit the first degree murder of Slemmer, and on the conspiracy count, the trial court sentenced him to a maximum sentence of twenty-five years incarceration to be served consecutively to the life sentence. http://www.tba.org/tba_files/TCCA/ShippTD.wpd STATE OF TENNESSEE VS. JOHN DAVID TERRY Court:TCCA Attorneys: For the Appellant: For the Appellee: Brock Mehler Michael E. Moore Attorney for Appellant Solicitor General 751 Roycroft Place Nashville, TN 37203 Tonya G. Miner Assistant Attorney General and Criminal Justice Division 425 Fifth Avenue North Michael E. Terry 2d Floor, Cordell Hull Building Attorney for Appellant Nashville, TN 37243-0493 Suite 310 Cummins Station 209 10th Ave. So. Nashville, TN 37203 Victor S. (Torry) Johnson III District Attorney General John Zimmerman Asst. District Attorney General Washington Sq., Suite 500 222-2nd Ave. N Nashville, TN 37201-1649 Judge: HAYES First Paragraph: The appellant, John David Terry, appeals as of right, his punishment of death by electrocution. In 1989, the appellant was convicted by a Davidson County jury of the premeditated murder of James Matheney and was sentenced to death. At the motion for new trial, the trial court affirmed the appellant's conviction but, finding that it had erroneously charged an invalid aggravating circumstance, granted a new sentencing hearing. http://www.tba.org/tba_files/TCCA/TerryJD.wpd STATE OF TENNESSEE VS. DEE W. THOMPSON WITH DISSENTING OPINION Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DEANNA B. JOHNSON PAUL G. SUMMERS Attorney at Law Attorney General & Reporter 424 Church St., Ste. 1350 Nashville, TN 37219-2305 MARVIN E. CLEMENTS, JR. Asst. Attorney General 425 Fifth Ave. North 2d Floor, Cordell Hull Bldg. Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General JOHN C. ZIMMERMAN PAMELA ANDERSON Asst. District Attorneys General Washington Sq., Ste. 500 222 Second Ave. North Nashville, TN 37201 Judge: WITT First Paragraph: The defendant, Dee W. Thompson, appeals from his convictions of three counts of aggravated rape. The defendant received his convictions at a Davidson County jury trial. A repeat violent offender, see Tenn. Code Ann. S 40-35-120 (1997), the defendant is presently serving a sentence of life without possibility of parole for his crimes. http://www.tba.org/tba_files/TCCA/ThompsonDW_opn.wpd DISSENTING OPINION: http://www.tba.org/tba_files/TCCA/thompsondwd_dis.wpd STATE OF TENNESSEE VS. MICHAEL ANTHONY TURNER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: C. MICHAEL ROBBINS PAUL G. SUMMERS 46 North Third St,Ste 719 Attorney General & Reporter Memphis, TN 38103 (On Appeal) CLINTON J. MORGAN Counsel for the State GARY F. ANTRICAN 425 Fifth Avenue North District Public Defender Nashville, TN 37243 RICKEY W. GRIGGS ELIZABETH T. RICE Assistant Public Defender District Attorney General P. O. Box 700 Somerville, TN 38068 JAMES WALTER FREELAND, JR. (At Trial and On Appeal) Assistant District Attorney General 302 Market Street Somerville, TN 38068 Judge: WILLIAMS First Paragraph: The defendant, Michael Anthony Turner, Sr., appeals from his conviction of three counts of forgery entered pursuant to his guilty plea in a Hardeman County Court. The defendant was sentenced as a Career Offender to three concurrent six-year terms; these terms were ordered to run consecutive to another unrelated sentence for which the defendant was on parole at the time of the instant offenses. The defendant has filed a timely notice of appeal and a brief; further, in this brief, counsel for defendant, while arguing one issue, has cited Anders v. California, 366 U.S. 738 (1967). http://www.tba.org/tba_files/TCCA/Turnermasr.wpd PLEASE FORWARD THIS E-MAIL! Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address. GET A FULL-TEXT COPY OF AN OPINION! See the intrsuctions at the beginning of this edition of Opinion Flash. JOIN TBALink! While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/ SUBSCRIBE TO OPINION FLASH! Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! 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