June 28, 2000
Volume 6 -- Number 101

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
02 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

DAVID BAILEY v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

James W. Greenlee, Sevierville, Tennessee, for the appellant, David
Bailey.

Paul G. Summers, Attorney General & Reporter, Mark A. Fulks, Assistant
Attorney General, Al C. Schmutzer, Jr., District Attorney General, and
Steven R. Hawkins, Assistant District Attorney, for the appellee,
State of Tennessee.                          

Judge: WILLIAMS

First Paragraph:

The petitioner appeals from the trial court's denial of his petition
for post-conviction relief.  He alleges that the trial court erred by
finding that his trial counsel was not ineffective for failing to
investigate the petitioner's mental state at the time he committed the
offenses.  Finding no error, we affirm the trial court's decision.

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


STATE OF TENNESSEE v. CLYDE HAMBRICK, JR. Court:TCCA Attorneys: Deborah Black Huskins, Johnson City, Tennessee, for the appellant, Clyde Hambrick, Jr., at trial. Gerald L. Gulley, Jr., Knoxville, Tennessee, for the appellant, Clyde Hambrick, Jr., on appeal. Paul G. Summers, Attorney General & Reporter, Marvin S. Blair, Jr., Assistant Attorney General, Joe C. Crumley, Jr., District Attorney General, and Kenneth Carson Baldwin, Assistant District Attorney, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant was sentenced to forty-eight years, eleven months, and twenty-nine days as a Range I standard offender after a jury verdict was returned against him on four counts of aggravated sexual battery, four counts of sexual battery, and eight counts of assault. These convictions are reversed because of the failure to sever the trials; the erroneous admission of evidence of other crimes, wrongs, or acts; the failure to properly elect offenses; the erroneous charge to the jury that aggravated sexual battery is a lesser included offense of rape; and plain error as to the assault convictions. We remand for new trial as to victim C., and the defendant may stand trial for eight counts of sexual battery. As to victim J., the statute of limitations bars retrial for the eight counts of assault. http://www.tba.org/tba_files/TCCA/HambrickCJr.wpd

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