July 24, 2001
Volume 7 — Number134

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
04 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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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

TRACY LAMAR BELLE, SR. v. STATE OF TENNESSEE
Court:TCCA

Attorneys: 

Tracy Lamar Belle, Sr., pro se.

Paul G. Summers, Attorney General & Reporter; John H. Bledsoe,
Assistant Attorney General; Randy Nichols, District Attorney General;
Robert L. Jolley, Jr., and John Gill, Assistant District Attorneys
General, for the appellee, State of Tennessee.                         

Judge: BELLE

First Paragraph:

The petitioner, Tracy Lamar Belle, Sr., appeals the denial of
post-conviction relief contending that his right to due process has
been violated by the application of the statute of limitations.
Because the notice of appeal was not timely filed and because "the
interest of justice" does not require the waiver of a timely notice,
this appeal is dismissed.  See Tenn. R. App. P. 4(a).

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





STATE OF TENNESSEE v. VINCENT THOMAS GALLO

Court:TCCA

Attorneys:

Douglas A. Trant, Knoxville, Tennessee, for the appellant, Vincent
Thomas Gallo.

Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan,
Assistant Attorney General; and Alfred C. Schmutzer, Jr., District
Attorney General, for the appellee, State of Tennessee.                         

Judge: TIPTON

First Paragraph:

The defendant was convicted upon his guilty pleas to three counts of
unlawfully photographing individuals in violation of their privacy, a
Class A misdemeanor, and received concurrent eleven-
month-twenty-nine-day sentences to be served in confinement in the
county jail.  The defendant appeals the trial court's denying him
probation of any type.  We affirm the denial of probation, but we
remand the case for entry of corrected judgments.

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





STATE OF TENNESSEE v. JOHN WAYMANN ORR

Court:TCCA

Attorneys:     

Raymond Mack Garner, District Public Defender, and Shawn G. Graham,
Assistant District Public Defender, for the appellant, John Waymann
Orr.

Paul G. Summers, Attorney General and Reporter; Angele M. Gregory,
Assistant Attorney General; Michael L. Flynn, District Attorney
General; and Edward P. Bailey, Jr., Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The defendant, John Waymann Orr, appeals from his probation revocation
which resulted primarily from his conviction for public intoxication
and alcohol abuse.  He contends that with his alcohol abuse and mental
health problems, he should be receiving treatment and should not be
confined in jail.  We affirm the trial court.

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





STATE OF TENNESSEE v. LARRY D. UPSHAW

Court:TCCA

Attorneys: 

Leslie M. Jeffress, Knoxville, Tennessee, for the appellant, Larry D.
Upshaw.

Paul G. Summers, Attorney General & Reporter; Peter M. Coughlan,
Assistant Attorney General; and Robert L. Jolley, Jr., Assistant
District Attorney General, for the appellee, State of Tennessee.                         

Judge: WADE

First Paragraph:

The defendant, Larry D. Upshaw, was convicted of second degree murder.
 The trial court imposed a sentence of 38 years in the Department of
Correction.  The sole issue on appeal is whether the evidence was
sufficient to support his conviction for second degree murder.  The
judgment of the trial court is affirmed.

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

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