Opinion Flash

April 17, 2002
Volume 8 — Number 066

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):
 
01 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
08 New Opinion(s) from the Tennessee Court of Appeals
12 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)
03 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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


GARY WAYNE ROBERTSON v. LORI VANHOOSER ROBERTSON

Court:TSC

Attorneys:

Selma Cash Paty and Sherry Bailey Paty, Chattanooga, Tennessee, for
the appellant, Gary Wayne Robertson.

Leroy Phillips, Jr., Chattanooga, Tennessee, for the appellee, Lori
Vanhooser Robertson.                          

Judge: HOLDER

First Paragraph:

We granted this appeal to address the means for determining whether a
disadvantaged spouse can be "rehabilitated" under S 36-5-101(d)(1) of
the Tennessee Code Annotated.  We hold that a trial court must
consider all relevant factors in S 36-5-101(d)(1) to determine whether
an economically disadvantaged spouse can be rehabilitated.  Because
the trial court properly applied the relevant statutory factors, we
affirm the trial court's award of alimony, as modified, in this case.

http://www.tba.org/tba_files/TSC/robertgw.wpd


SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0415.wpd


FORMAL ETHICS OPINION 2002-F-107(b)

Court:TSC - Rules

First Paragraph:

In all matters involving governmental interests and differing
interests except for the question of district attorneys' and state
prosecutors' ability to represent criminal defendants, the question of
a conflict of interest is a factual one to be examined and determined
on a case-by-case basis.

http://www.tba.org/tba_files/TSC_Rules/fe0107b.wpd


FORMAL ETHICS OPINION 2002-F-146

Court:TSC - Rules

First Paragraph:

Inquiry is made regarding the ethical propriety of part-time Assistant
District Attorneys' representation of criminal defendants within the
same judicial district.

http://www.tba.org/tba_files/TSC_Rules/feO146.wpd


FORMAL ETHICS OPINION 2002-F-91(a)

Court:TSC - Rules

First Paragraph:

Inquiry is made concerning the ethical propriety of employment of
lawyers admitted to practice in other jurisdictions but not admitted
to practice in Tennessee.

http://www.tba.org/tba_files/TSC_Rules/feO91a.wpd


LAUREL ELISE CALHOUN v. MICHAEL DAVID CALHOUN

Court:TCA

Attorneys: 

James H. Beeler, Kingsport, Tennessee, for Appellant.

Michael May, Kingsport, Tennessee, for Appellee.                         

Judge: FRANKS

First Paragraph:

In this divorce action, the Trial Court granted the divorce pursuant
to Tenn. Code Ann. S36-4-129, and ordered alimony and child support to
wife.  The marital property was divided and joint custody of the child
was ordered with equal time to be spent with each parent.  The husband
essentially appeals all rulings.  We affirm, as modified.

http://www.tba.org/tba_files/TCA/calhounl.wpd


IN THE MATTER OF THE ESTATE OF NELLIE K. ELLIS CHARLES W. MOORE, et
al. v. CLYDE GREEN, et al.

Court:TCA

Attorneys: 

Homer R. Ayers, Goodlettsville, Tennessee, for the appellants Charles
W. Moore and Linda Moore Maggart as executrix for the estate of
William Herschel Moore, a/k/a Herschel Moore, deceased.

Grant W. Smith, Goodlettsville, Tennessee, for the appellants Ray
Swing, Juanita Swing Sircy, Jeanne Swing Pennington, and James Edward
Swing.

William H. Lassiter, Jr., of Lassiter, Tidwell & Hildebrand, PLLC,
Nashville, Tennessee, for the appellee, Clyde Green.

William L. Harbison of Sherrard & Roe, PLC, Nashville, Tennessee, for
the appellee, First American National Bank.                         

Judge: LILLARD

First Paragraph:

This case involves the interpretation of a remainder interest granted
in a will.  The decedent's husband bequeathed to the decedent a life
estate in stock in a family-owned business, with the remainder to go
50% to his "living heirs" and 50% to "some deserving person in the
music department at Belmont College."  After her husband's death, the
decedent purchased the remainder interest in the stock from all of the
remaindermen.  By virtue of this purchase, the decedent presumed that
she owned the stock outright.  At her death, her will included a
bequest of the stock.  Her heirs brought this declaratory judgment
action, seeking a declaration that the decedent did not own the stock
at her death.  They argued that the decedent's purchase of the
remainder interest in the stock was invalid because the remaindermen
did not own a vested interest in the stock at the time of the
husband's death.  The trial court found that the case was barred by
the statute of limitations and that the decedent had, in fact,
acquired 100% ownership in the stock.  The heirs now appeal.  We
affirm, finding that the remaindermen in the husband's will acquired a
vested, transmissible remainder interest in the stock at the husband's
death.

http://www.tba.org/tba_files/TCA/estateofellis.wpd


IN THE MATTER OF:  T. M. M.

Court:TCA

Attorneys:    

Pamela Drewery-Rodgers, Selmer, For Appellant, Tiawan Bailey

Marcus M. Reaves, Jackson, For Appellant, Andrea Martin

Paul G. Summers, Attorney General and Reporter, Douglas Earl Dimond,
Assistant Attorney General, For Appellee, Department of Children's
Services
                      
Judge: CRAWFORD

First Paragraph:

This is a termination of parental rights case.  Tiawan Bailey
(hereinafter "Mr. Bailey") and Andrea Martin (hereinafter "Ms.
Martin") appeal from the final decree of the Juvenile Court of Madison
County, Tennessee which terminated their parental rights to their
minor child, T.M.M., born May 24, 1994.  We affirm.

http://www.tba.org/tba_files/TCA/martintim.wpd


JOHNNY McGOWAN v. ROBERT GIBSON, et al.

Court:TCA

Attorneys:

Johnny McGowan, Petros, Tennessee, pro se.

Paul G. Summers, Attorney General and Reporter, Michael E. Moore,
Solicitor General, and Dawn Jordan, Assistant Attorney General,
Nashville, Tennessee, for Appellees.

Judge: FRANKS

First Paragraph:

The Trial Court dismissed complaint for the failure of plaintiff, who
is incarcerated, to comply with Tenn. Code Ann. S41-21-805.  On
appeal, we affirm.

http://www.tba.org/tba_files/TCA/mcgowanj.wpd


DAVID DOUGLAS O'CONNELL v. METROPOLITAN GOVERNMENT OF NASHVILLE &
DAVIDSON COUNTY, et al.

Court:TCA

Attorneys:

Clark H. Tidwell, Nashville, Tennessee, for the appellant, David
Douglas O'Connell.

Paul G. Summers, Attorney General and Reporter; Wendell C. Dawson,
Assistant Attorney General, for the appellee, State of Tennessee.                          

Judge: CANTRELL

First Paragraph:

The plaintiff in this inverse condemnation action alleged that the
State took two parcels of land that belonged to him for a
road-widening project, paying compensation to the wrong parties.  The
trial court referred the question of ownership of the disputed parcels
to a special master, who determined that the plaintiff was not
entitled to compensation for one of the parcels because title had
passed to another party by adverse possession.  The trial court
affirmed the findings of the special master.  We affirm the trial
court.

http://www.tba.org/tba_files/TCA/oconnelldd.wpd


KENNETH L. WARREN v. COLUMBIA/HCA HEALTHCARE CORPORATION, HTI MEMORIAL
HOSPITAL CORPORATION, NASHVILLE MEMORIAL HOSPITAL, COLUMBIA NASHVILLE
MEMORIAL HOSPITAL, COLUMBIA/HCA NASHVILLE MEMORIAL HOSPITAL, RONALD
LAWRENCE, AND JERRY CORR

Court:TCA

Attorneys:

Gary D. Copas, Nashville, Tennessee, for the appellant, Kenneth L.
Warren.

Alfred H. Knight, Nashville, Tennessee, for the appellees,
Columbia/HCA Healthcare Corporation, HTI Memorial Hospital
Corporation, Nashville Memorial Hospital, Columbia Nashville Memorial
Hospital, Columbia/HCA Nashville Memorial Hospital, Ronald Lawrence,
and Jerry Corr.                          

Judge: LILLARD

First Paragraph:

This is a malicious prosecution case.  The defendants obtained a
warrant against the plaintiff after observing a man matching the
plaintiff's description attempting to break into a car on the
defendants' property.  After a jury trial, the plaintiff was found not
guilty.  Subsequently, the plaintiff instituted a lawsuit against the
defendants for malicious prosecution.  The trial court granted the
defendants' motion for summary judgment and the plaintiff now appeals.
 We affirm, finding that the defendants acted with probable cause and
without malice in obtaining the warrant.

http://www.tba.org/tba_files/TCA/warrenkl.wpd


WATSON'S CARPET AND FLOOR COVERINGS, INC. v. RICK McCORMICK, et al.
OPINION ON PETITION TO REHEAR

Court:TCA                         

Judge: GODDARD

First Paragraph:

The Plaintiff, Watson's Carpet and Floor Coverings, Inc., files a
petition to rehear, principally contending that our original opinion
was in conflict with Trau-Med of America, Inc., et al. v. Allstate
Insurance Co., et al., 2000 WL1839125 (November 29, 2000), which was
not called to our attention, although it had been filed some three
months before Watson's brief was filed.

http://www.tba.org/tba_files/TCA/watsoncarpet_reh.wpd


LATASHA MARIE WHITTINGTON-BARRETT v. JERRY HAYES, et al.

Court:TCA

Attorneys:  

LaTasha Marie Whittington-Barrett, pro se, Mountain City, Tennessee.

Paul G. Summers, Michael E. Moore and Stephanie R. Reevers, Nashville,
Tennessee, for the Appellees, Jerry Hayes and David Dobbins.                        

Judge: SWINEY

First Paragraph:

LaTasha Marie Whittington-Barrett ("Plaintiff"), who is currently
incarcerated by the State of Tennessee, filed a petition seeking a
copy of Plaintiff's medical and psychiatric records.  As grounds for
the petition, Plaintiff cited a Tennessee Department of Corrections
rule which requires a court order before TDOC will release copies of
the inmate's health records directly to the inmate.  The defendants,
prison Health Administrator Jerry Hayes and prison Mental Health
Psychological Examiner David Dobbins ("Defendants"), filed a Motion to
Dismiss or for Summary Judgment.  The Trial Court granted Defendants
summary judgment.  Plaintiff appeals.  We vacate the summary judgment
and remand.

http://www.tba.org/tba_files/TCA/whittington.wpd


STATE OF TENNESSEE v. JOHN R. BLACK

Court:TCCA

Attorneys: 

Monte D. Watkins, Nashville, Tennessee, for appellant, John R. Black.

Paul G. Summers, Attorney General & Reporter; Jennifer L. Smith,
Assistant Attorney General; Victor S. Johnson, District Attorney
General; and Rachelle A. Laisnez, Assistant District Attorney General,
for appellee, State of Tennessee.                         

Judge: SMITH

First Paragraph:

A Davidson County grand jury indicted the defendant for one count of
aggravated kidnapping, one count of aggravated rape, three counts of
aggravated assault, and one count of assault. At the close of a jury
trial, he stood convicted of aggravated kidnapping, two aggravated
assaults, and one simple assault.  He subsequently received a sixteen
year sentence for the aggravated kidnapping; seven years each for the
two aggravated assaults; and eleven months and twenty-nine days for
the assault. The trial court also set count one to run consecutively
to count five resulting in an effective sentence of twenty-three
years.  The case is presently before this Court following the trial
court's denial of the defendant's motion for a new trial.  Through
this appeal the defendant avers that (1) the evidence is insufficient
to support his conviction for aggravated kidnapping; (2) the trial
court erred in allowing the State to present photographic evidence to
the jury; and (3) the trial court erred by permitting the State to
amend for a second time the indictment charging him with aggravated
rape. After reviewing these issues, we find that none merit relief but
remand the case for correction of the judgments.

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


STATE OF TENNESSEE v. KEVIN LANE FARRAR

Court:TCCA

Attorneys:

Merrilyn Feirman, Nashville, Tennessee (on appeal); Donna L. Hargrove,
District Public Defender; and Andrew Jackson Dearing, III, Assistant
District Public Defender (at trial and on appeal), for the appellant,
Kevin Lane Farrar.

Paul G. Summers, Attorney General and Reporter; Braden H. Boucek,
Assistant Attorney General; William M. McCown, District Attorney
General; and Michael D. Randles, Assistant District Attorney General,
for the appellee, State of Tennessee.                          

Judge: GLENN

First Paragraph:

The defendant was convicted of reckless aggravated assault, a Class D
felony, and sentenced as a standard, Range I offender to three years
and six months in the Tennessee Department of Correction.  Following
the denial of his motion for a new trial, he filed a timely appeal to
this court, raising three issues:  (1) whether the trial court imposed
an excessive sentence; (2) whether the trial court erred in allowing
the State to impeach a defense witness with a prior misdemeanor
conviction for failure to appear; and (3) whether the evidence was
sufficient to support his conviction.  Based upon our review, we
affirm the judgment of the trial court.

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


STATE OF TENNESSEE v. BONNIE STILLWELL PROFFITT GODFREY

Court:TCCA

Attorneys:

George H. Waters (at trial), Maryville, Tennessee, and Steve McEwen
(on appeal), Mountain City, Tennessee, for the Appellant, Bonnie
Stillwell Proffitt Godfrey.

Paul G. Summers, Attorney General & Reporter; Renee W. Turner,
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: WITT
 
First Paragraph:

Bonnie Stillwell Proffitt Godfrey appeals the Blount County Circuit
Court's revocation of her Community Corrections sentence.  Because we
hold that substantial evidence supports the finding of a violation, we
affirm.

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


STATE OF TENNESSEE v. KENNETH ANTHONY HENDERSON

Court:TCCA

Attorneys:   

Gregory D. Smith, Clarksville, Tennessee, for the appellant, Kenneth
Anthony Henderson.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; Victor S. Johnson, District Attorney
General; and Jon Seaborg, Assistant District Attorney General, for the
appellee, State of Tennessee.                       

Judge: WELLES

First Paragraph:

The Defendant, Kenneth Anthony Henderson, was convicted by a jury of
second degree murder, attempted second degree murder, and aggravated
assault.  The trial court merged the attempted second degree murder
and the aggravated assault convictions.  The Defendant was sentenced
to twenty-three years for the murder, and to eleven years for the
attempted murder, with the terms to run consecutively.  In this direct
appeal the Defendant raises two issues:  whether the evidence in
support of his murder conviction is sufficient, and whether the trial
court erred in failing to instruct the jury on certain lesser-included
offenses.  Finding that the trial court committed reversible error in
failing to charge certain lesser-included offenses, we reverse the
Defendant's convictions and remand this matter for a new trial.

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


STATE OF TENNESSEE v. DONALD KING, JR.

Court:TCCA

Attorneys:

Julie A. Rice, Knoxville, Tennessee, for the Appellant, Donald King,
Jr.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; Mike Flynn, District Attorney General; and
William R. Reed, Assistant District Attorney General, for the
Appellee, State of Tennessee.                          

Judge: WELLES

First Paragraph:

The Defendant, Donald King, Jr., pled guilty to three drug offenses
(one Class C felony, one Class D felony, and one Class A misdemeanor),
two habitual motor vehicle offender offenses, driving under the
influence, and felony reckless endangerment.  The plea agreement
included an effective five year sentence, with the manner of service
to be determined by the trial court.  After a hearing, the trial court
denied an alternative sentence and ordered the Defendant to serve his
sentence in the Department of Correction.  The Defendant now appeals,
contending that the trial court erred in denying him an alternative
sentence.  We affirm the judgment of the trial court.

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


STATE OF TENNESSEE v. CHRISTOPHER LYNCH

Court:TCCA

Attorneys:

Steve McEwen, Mountain City, Tennessee (on appeal); Raymond Mack
Garner, District Public Defender; and Shawn G. Graham, Assistant
Public Defender, for the appellant, Christopher Lynch.

Paul G. Summers, Attorney General and Reporter; Christine M. Lapps,
Assistant Attorney General;  Michael L. Flynn, District Attorney
General; and Tammy M. Harrington, Assistant District Attorney General,
for the appellee, State of Tennessee.                           

Judge: WILLIAMS

First Paragraph:

The defendant appeals the revocation of his probation.  After a review
of the record, we conclude that the defendant stipulated to the
violation at the revocation hearing. Furthermore, the defendant had
actual notice of an alleged violation based on two positive drug
screens. Therefore, the court properly found a probation violation on
that basis.   Finally,  the defendant's failure to pay court costs and
restitution as ordered by the court was not due to an inability to pay
but was a willful refusal to pay. As such, the trial court did not
abuse its discretion in revoking the defendant's probation.  The
judgment of the trial court is affirmed.

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


STATE OF TENNESSEE v. KEITH A. OTEY

Court:TCCA

Attorneys:

C. Dawn Deaner, Assistant Public Defender, Nashville, Tennessee, for
appellant, Keith A. Otey.

Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney,
Assistant Attorney General; Victor S. Johnson, District Attorney
General; and Bret Gunn, Assistant District Attorney General, for
appellee, State of Tennessee.                          

Judge: SMITH

First Paragraph:

The Defendant, Keith A. Otey, was convicted one count of driving on a
revoked license and one count of possession of .5 grams or more of
crack cocaine with the intent to sell or deliver.  After a sentencing
hearing, the trial court sentenced the Defendant as a Range I standard
offender to ten days for the revoked license conviction and ten years
and a $2,000 fine for the drug conviction.  The sentences were to be
served concurrently.  On appeal, the Defendant argues that the trial
court erred in (1) denying the Defendant's motion to suppress evidence
seized from and a statement made by the Defendant as a result of an
illegal stop; (2) allowing the State to introduce evidence of a prior
cocaine sale made by the Defendant; (3) allowing hearsay evidence
regarding the Defendant's prior cocaine sale; and (4) ruling that a
ten-year-old incident involving the Defendant giving a false name to a
police officer could be used to impeach the Defendant if he chose to
testify.  We reverse the judgment of the trial court and remand for
further proceedings consistent with this opinion.

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


STATE OF TENNESSEE v. GREGORY OZIER

Court:TCCA

Attorneys: 

Didi Christie, Brownsville, Tennessee (on appeal), and Shana
McCoy-Johnson, Senior Assistant District Public Defender (at trial),
for the appellant, Gregory Ozier.

Paul G. Summers, Attorney General & Reporter; Kim R. Helper, Assistant
Attorney General; and Elizabeth T. Rice, District Attorney General,
for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The defendant, Gregory Ozier, an inmate at the Whiteville Correctional
Facility, appeals an order transferring his custody to Illinois to
face a charge of first degree murder in the Criminal Division of the
Circuit Court of Cook County.  Because the trial court properly
granted the petition by the State of Illinois for custody of the
defendant, the judgment is affirmed.

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


STATE OF TENNESSEE v. JAMES NOBLE PAGE

Court:TCCA

Attorneys:

Michael J. Love, Clarksville, Tennessee (at trial and on appeal), and
David L. Raybin, Nashville, Tennessee (on appeal), for the appellant,
James Noble Page.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; John Wesley Carney, Jr., District Attorney
General; and James B. Crenshaw, Assistant District Attorney General,
for the appellee, State of Tennessee.                            

Judge: RILEY

First Paragraph:

The juvenile defendant, fifteen-year-old James Noble Page, was tried
as an adult for second degree murder and convicted as charged by a
Montgomery County jury.  The specific issue in this appeal is whether
the trial court erred in instructing the jury on the "knowing" mens
rea element of second degree murder.  The trial court instructed the
jury that the "knowing" element of second degree murder could be
established by defendant's awareness "(1) that his conduct is of a
particular nature; or (2) that a particular circumstance exists; or
(3) that the conduct was reasonably certain to cause the result." 
(Emphasis added).  The state concedes the instruction was error but
contends it was harmless.  We conclude second degree murder is a
result-of-conduct offense; allowing the jury to convict based upon
awareness of the nature of the conduct or circumstances surrounding
the conduct erroneously lessens the state's burden of proof for this
offense; the error in the jury charge was not harmless under the facts
of this case; and the conviction must be reversed and the case
remanded for a new trial.

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


STATE OF TENNESSEE v. JOHN HENRY SPARROW, III
WITH CONCURRING OPINION

Court:TCCA

Attorneys: 

Kenneth Quillen and Michael J. Flanagan, Nashville, Tennessee, for the
appellant, John Henry Sparrow, III.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; Dan Alsobrooks, District Attorney General;
and Carey Thompson, Assistant District Attorney General, for the
appellee, State of Tennessee.                         

Judge: WELLES

First Paragraph:

The Defendant, John Henry Sparrow, III, was convicted by a jury of
attempted especially aggravated kidnapping, and sentenced to twelve
years in the Department of Correction.  In this direct appeal the
Defendant raises three issues:  whether the evidence is sufficient to
support his conviction; whether the trial court made an improper
comment on the evidence in its instructions to the jury; and whether
the trial court erred in failing to instruct the jury on the
lesser-included offense of attempted false imprisonment.  We affirm
the judgment of the trial court.

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

CONCURRING OPINION
http://www.tba.org/tba_files/TCCA/sparrowjh_con.wpd


STATE OF TENNESSEE v. MICKEY G. WHITE

Court:TCCA

Attorneys:  

Didi Christie, Brownsville, Tennessee (on appeal); Gary F. Antrican,
District Public Defender (at trial); and Rickey W. Griggs, Assistant
District Public Defender (at trial), for the appellant, Mickey G.
White.

Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; Elizabeth T. Rice, District Attorney
General; and Jerry W. Norwood, Assistant District Attorney General,
for the appellee, State of Tennessee.                        

Judge: GLENN

First Paragraph:

Following a jury trial, the defendant was convicted of aggravated
burglary and sentenced as a Range II, multiple offender to nine years
in the Tennessee Department of Correction.  He timely appealed,
arguing that the evidence presented was insufficient and that the
trial court erred in instructing the jury as to criminal trespass as a
lesser-included offense of aggravated burglary.  Based upon our
review, we affirm the judgment of the trial court.

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


STATE OF TENNESSEE v. ALBERT YARBROUGH

Court:TCCA

Attorneys:   

A C Wharton, Jr., Shelby County Public Defender; Garland Ergueden,
Assistant Public Defender (on appeal); and Teresa Jones, Assistant
Public Defender (at trial), for the appellant, Albert Yarbrough.

Paul G. Summers, Attorney General and Reporter; Braden H. Boucek,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Camille McMullen, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The defendant was convicted by a Shelby County Criminal Court jury of
rape, a Class B felony, and sentenced by the trial court to fourteen
years, at 100% as a violent offender, in the Tennessee Department of
Correction.  The sole issue he presents on appeal is whether the
evidence was sufficient to support his conviction.  Based upon our
review of the record, we conclude that the evidence was sufficient for
a rational trier of fact to find him guilty of the offense beyond a
reasonable doubt.  Accordingly, the judgment of the trial court is
affirmed.

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

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