Opinion Flash

September 17, 2003
Volume 9 — Number 169

Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.

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
14 New Opinion(s) from the Tennessee Court of Appeals
09 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


ESTATE OF JOHN E. ACUFF, SR., ET AL. v. BRENDA OLINGER

Court:TCA

Attorneys:                          

Bob E. Lype, Chattanooga, TN, for Appellants

John W. Cleveland, Sweetwater, TN, for Appellee

Judge: HIGHERS

First Paragraph:

This is an appeal from the granting of Appellee's motion for
discretionary costs.  For the following reasons, we find that the
motion was not timely filed and reverse the court below.

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

JESSE RANDALL FITTS, JR., ET AL. v. DR. DONALD ARMS d/b/a McMINNVILLE
ORTHOPEDIC CLINIC, ET AL.

Court:TCA

Attorneys:                          

Robert L. Huskey, Manchester, TN, for Appellant

William C. Rieder, Tullahoma, TN, for Appellee Dr. Donald Arms, d/b/a
McMinnville Orthopedic Clinic

F. Laurens Brock, H. Blake Sims, Attorneys for Appellee Dr. William
Coger
 
Judge: HIGHERS

First Paragraph:

This appeal arises from a medical malpractice proceeding.  The trial
court granted summary judgment for both physicians, finding that
Appellants' expert affidavits failed to raise a genuine issue of
material fact.  For the following reasons, we affirm the ruling of the
trial court.

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

DONALD COPELAND FREEMAN v. LYNN DONNELL FREEMAN

Court:TCA

Attorneys:                          

Clark Lee Shaw, Nashville, For Appellant, Donald Copeland Freeman

Thomas K. Bowers, Nashville, For Appellee, Lynn Donnell Freeman

Judge: CRAWFORD

First Paragraph:

This appeal involves a former husband's attempt to modify or terminate
an alimony award to his former wife because of a change of
circumstances.  Primarily, husband asserts that he is retired, and his
income and assets have been drastically reduced to the extent that he
is unable to pay the alimony awarded.  Wife filed a petition to hold
husband in contempt for his failure to pay the alimony installments
accrued.  After a non-jury hearing, the trial court dismissed
husband's petition and granted wife's petition holding husband in
civil contempt of court.  Husband appeals.  We affirm.

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

EDDIE M. GURLEY and JANET R. GURLEY v. HICKORY WITHE PARTNERS, L.P.,
ET AL.

Court:TCA

Attorneys:                          

Danny R. Ellis, Jackson, TN, for Appellants

Richard G. Rosser, Somerville, TN, for Appellees

Judge: HIGHERS

First Paragraph:

This is a dispute over a sale of land in Fayette County, Tennessee. 
The lower court granted summary judgment in favor of the seller. 
Appellants raise two issues for our review.  For the following
reasons, we affirm.

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

DWIGHT JAMES v. STATE OF TENNESSEE, ET AL.

Court:TCA

Attorneys:                          

Kenneth K. Crites, Centerville, Tennessee, for the appellant, Dwight
James.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore,
Solicitor General; Janet M. Kleinfelter, Senior Counsel, for the
appellees, State of Tennessee, Department of State, Division of
Election; Tennessee Highway Officials Certification Board and Brook
Thompson.

Judge: COTTRELL

First Paragraph:

This appeal involves Dwight James' unsuccessful attempt to qualify as
a candidate for Hickman County Road Superintendent and be placed on
the August, 2002, election ballot.  The trial court granted the
Tennessee Highway Officials Certification Board's summary judgment
motion, finding that the Board had not acted arbitrarily, capriciously
or illegally in not certifying Mr. James as qualified to run for the
office of County Road Superintendent.  We have determined that the
appeal is moot.

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

BRENDA C. KING v. DANNY F. KING

Court:TCA

Attorneys:                          

Robert L. Jackson, Stanley A. Kweller, Nashville, Tennessee, for the
appellant, Danny F. King.

Paul T. Housch, Nashville, Tennessee, for the appellee, Brenda C.
King.

Judge: COTTRELL

First Paragraph:

Former Husband sought to accelerate former Wife's repayment of alimony
overpayments that accrued between the divorce and this court's
modification of the original award of alimony.  Former Husband argues
the trial court abused its discretion when it did not establish a
reasonable repayment plan.  Because we find the trial court did not
abuse its discretion in fashioning a repayment plan, we affirm the
trial court.

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

CATHY LEGGETT, ET AL. v. KRISTA MINNICK, ET AL.

Court:TCA

Attorneys:                          

Damon E. Campbell, Union City, Tennessee, for the appellant, Krista
Leigh Minnick.

David L. Hamblen, Union City, Tennessee, for the appellees, Cathy
Leggett and Tom Leggett

Judge: FARMER

First Paragraph:

Paternal grandparents sought change of custody of grandchildren from
their mother to grandparents.  The trial court denied the petition but
modified previously ordered visitation and mother appeals.  We affirm.

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

MARCIA DIANE McALEXANDER v. ALBERT WESLEY McALEXANDER

Court:TCA

Attorneys:  
                        
William E. Miller, Cordova; Robert Wampler, Memphis, For Albert Wesley
McAlexander

Stevan L. Black, John C. Ryland, Vickie Hardy Jones, For Marcia Diane
McAlexander

Judge: CRAWFORD

First Paragraph:

This appeal involves two consolidated cases.  The first case is a
post-divorce proceeding initiated by Wife as a Rule 60 motion and
petition for contempt to modify and enforce the final decree of
divorce as it pertains to the alimony award and division of marital
property.  In these proceedings, the parties consented to arbitration
of all determinative issues, and the award of the arbitrator was
confirmed by the trial court.  Husband appeals.  We affirm as
modified.  The second case is an appeal of the order of the trial
court granting a summary judgment from Husband's petition seeking a
sale for partition of the parties' former marital home, now held by
the parties as tenants by the entirety and with possession awarded to
Wife until she remarries.  The trial court granted summary judgment
decreeing a sale for partition.  Wife appeals.  We affirm, as
modified, for a determination on remand of Wife's interest in the
property by virtue of the award of possessory rights awarded in the
final decree.

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

RICHARD McDONALD v. SWAIN & SONS TRANSPORTS, INC., GEORGE FILGO, AND
DON FIELDS

Court:TCA

Attorneys:                          

Richard McDonald, the appellant, pro se.

John P. Scruggs, and Heather W. Fletcher, Memphis, Tennessee, for the
appellees, Swain & Sons Transports, Inc., George Filgo, and Don
Fields.

Judge: KIRBY

First Paragraph:

This is a retaliatory discharge case.  In July 1998, the plaintiff
truck driver began working for the defendant trucking company.  In
June 1999, the truck driver was involved in a one-vehicle accident
while making a delivery for the company.  Soon thereafter, the truck
driver was discharged.  The truck driver sued the trucking company in
the court below, alleging that his discharge was not because of the
vehicular accident, but rather was in retaliation for refusing to
participate in or remain silent about alleged illegal activity by the
trucking company.  The trial court found in favor of the trucking
company on all issues.  The plaintiff truck driver now appeals on
several grounds.  No transcript or statement of the evidence was
filed.  The issues raised by the plaintiff require a review of the
proceedings below that is not possible in the absence of a transcript
of the trial proceedings or a statement of the evidence. 
Consequently, we affirm the trial court's decision.

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

LESLIE ANN ROBINSON v. WILLIAM L. FULLITON AND VALERIE T. CORDER

Court:TCA

Attorneys:                          

James R. Garts, Jr., and Shannon E. Holbrook, Memphis, Tennessee, for
the appellant, Valerie T. Corder.

Mimi Phillips, Memphis, Tennessee, for the appellant, William L.
Fulliton.

Ronald Krelstein and Rebecca Miller, Memphis, Tennessee, for the
appellee, Leslie Ann Robinson.

Judge: KIRBY

First Paragraph:

This case involves the trial court's refusal to expunge the records of
a criminal contempt proceeding.  In the underlying divorce action, the
wife moved for criminal contempt sanctions against the husband's
attorney.  The trial court assigned a special prosecutor to
investigate the criminal contempt charges against the attorney.  The
special prosecutor later determined that there was insufficient
evidence of contempt.  The attorney thereafter requested that the
trial court expunge the public records relating to the charge of
criminal contempt under the expungement statute, Tennessee Code
Annotated S 40-32-101(a)(1).  The trial court denied the attorney's
request, concluding that the statute did not apply to a criminal
contempt proceeding within the meaning of the statute.  The attorney
now appeals.  Although the rules of appellate procedure do not provide
for the attorney to appeal the trial court's decision relating to
expungement, the appeal will be treated as a petition for a writ of
certiorari.  We now grant the writ and reverse the trial court's
decision, concluding that the expungement statute applies insofar as
the contempt charges were criminal in nature.

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

CITY OF MEMPHIS v. CIVIL SERVICE COMMISSION OF THE CITY OF MEMPHIS AND
STANLEY SHOTWELL

Court:TCA

Attorneys:                          

William E. Frulla, Memphis, Tennessee, for the appellant, Stanley
Shotwell.

Robert L. J. Spence, Jr., Memphis City Attorney, Ronald G. Wyatt,
Assistant City Attorney, and Elbert Jefferson, Assistant City
Attorney, Memphis, Tennessee for the appellee, City of Memphis.

Judge: KIRBY

First Paragraph:

This case involves a Rule 60.02 motion for relief from a final
judgment.  The plaintiff police officer was terminated from his
position at the police department.  The officer appealed his
termination to the civil service commission, which reversed the
officer's termination and ordered his reinstatement.  The city
appealed to the court below.  In 1995, the trial court reversed the
commission's decision and upheld the officer's termination.  The
officer appealed to this court, which affirmed the termination
decision in 1997.  In 1998, after the appeal had been adjudicated, the
officer filed a motion in the trial court for relief from its 1995
judgment, pursuant to Rule 60.02 of the Tennessee Rules of Civil
Procedure.  The trial court rejected the motion, determining that it
was filed outside the one-year time limitation provided in Rule 60.02.
 The officer now appeals that decision.  We affirm the decision of the
trial court, finding that the one-year time limitation provided in
Rule 60.02 begins to run on the date of entry of the order from which
the movant seeks relief.

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

STATE OF TENNESSEE, EX REL. WANDA THEUS v. BERNARD WOODS

Court:TCA

Attorneys:                          

Paul G. Summers, Attorney General & Reporter, and Stuart F.
Wilson-Patton, Senior Counsel for the Office of the Attorney General,
Nashville, Tennessee, for the appellant, State of Tennessee on behalf
of Wanda Theus.

Bernard Woods, appellee, pro se.

Judge: KIRBY

First Paragraph:

This is a paternity suit involving the State's request to establish
child support payments from the defendant father.  The mother filed
suit to establish paternity and to have the child's name changed.  The
evidence established that the defendant was the child's father.  At
the hearing before the juvenile court referee, the mother requested
that child support not be set, because the father was voluntarily
providing support.  The State objected, insisting that child support
payments be established under the guidelines, because the mother's
right to such support was assigned to the State when she accepted
state financial assistance.  The juvenile court referee declined to
establish child support, because neither the mother nor the father
wanted support payments to be set.  The State requested a hearing on
the matter before a juvenile court judge.  At a brief hearing, the
juvenile court judge summarily affirmed the conclusion of the referee,
citing the fact that neither parent wanted support to be set.  The
State now appeals.  We reverse the decision of the juvenile court and
remand with instructions to conduct a de novo evidentiary hearing,
pursuant to Tennessee Code Annotated  S 37-1-107(e).

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

LORENZO C. WHITE, ET AL. V. CAROLYN FIELDS HAYES, ET AL.

Court:TCA

Attorneys:                          

Vernon R. White, Akron, Ohio, appellant, Pro Se.

L. Daniel Johnson, Memphis, Tennessee, for appellees, Celia Welch,
Beverly Welch Williams, Kenneth Welch and Russell Welch.

America E. Nelson, Kalamazoo, Michigan, appellee, Pro Se.

Judge: KIRBY

First Paragraph:

This is a will construction case.  The testator's will devised his
estate to his children, then to his grandchildren, then to his
great-grandchildren.  When the great-grandchildren became of age, the
estate was to be divided "as law directs."  The plaintiffs,
great-grandchildren of the testator, filed this action seeking
interpretation of the will and a statement of each party's interests. 
The trial court found that the will in question violated the Rule
Against Perpetuities and ordered that the estate be divided among the
testator's living heirs as tenants in common and per stirpes.  The
plaintiffs appeal.  We vacate the decision of the trial court and
remand for consideration of the cause in light of the Tennessee
Uniform Statutory Rule Against Perpetuities, T.C.A. SS 66-1-201 to
-208.

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

SYLVESTER YOUNG v. LEAH LISA BARROW, ET AL.

Court:TCA

Attorneys:                          

Sylvester Young, Nashville, Tennessee, Pro Se.

Scott A. Rhodes, Brentwood, Tennessee, for the appellees, Harrison
Brothers Insurance and Leah Barrow.

Judge: KOCH

First Paragraph:

This appeal arises out of a minor intersection accident.  The
complaints of the driver and passenger of one of the motor vehicles
against the driver of the second motor vehicle were consolidated in
the Circuit Court for Davidson County.  The trial court granted a
directed verdict against the plaintiff driver at the close of the
plaintiffs' proof.  Thereafter, the plaintiff driver filed a second
lawsuit against the defendant driver and her insurer.  The trial court
dismissed the second suit on the ground of res judicata and granted
the insurer's motion for a judgment on the pleadings.  The plaintiff
driver has perfected this appeal.  We affirm the dismissal of his
second complaint.

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

STATE OF TENNESSEE v. REGINALD DERELL BALDON

Court:TCCA

Attorneys:                          

D. Michael Dunavant, Ripley, Tennessee, for the appellant, Reginald
Derell Baldon.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; Elizabeth T. Rice, District Attorney
General; and Tracey A. Brewer, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

A Lauderdale County jury convicted the Defendant, Reginald Derell
Baldon, of three counts of burglary, three counts of vandalism over
$1,000, one count of theft over $1,000, one count of vandalism over
$500, and four counts of misdemeanor theft stemming from three
separate break-ins.  He was sentenced to an effective term of twenty
years.  On appeal, the Defendant argues: (1) the evidence was
insufficient to support his convictions; (2) the State failed to
provide proper discovery pursuant to Tennessee Rule of Criminal
Procedure 16; (3) the trial court erred in denying a motion for
mistrial due to the prosecutor's reference to the Defendant's failure
to testify; and (4) the trial court erred in refusing to instruct the
jury on aggravated criminal trespass as a lesser-included offense of
burglary.  We also address whether lost evidence deprived the
Defendant of a fair trial.  We modify the judgment on one of the
vandalism convictions to properly reflect the jury's verdict, although
this modification does not change the effective sentence of twenty
years.  Otherwise, we affirm the judgments of the trial court.

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

STATE OF TENNESSEE v. ROBERT KERN HOLLOWAY

Court:TCCA

Attorneys:                          

Michael J. Flanagan, Nashville, Tennessee, for the appellant, Robert
Kern Holloway.

Paul G. Summers, Attorney General and Reporter; Christine M. Lapps,
Assistant Attorney General; Dan M. Alsobrooks, District Attorney
General; and Suzanne Lockert, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

A Dickson County jury convicted the defendant, Robert Kern Holloway,
of second degree murder, a Class A felony, and he was sentenced to
forty years to be served at 100% as a violent offender.  On appeal, he
argues:  the evidence was insufficient to support his conviction; the
trial court improperly instructed the jury regarding the mens rea
element of second degree murder; and the trial court abused its
discretion in ruling on his pro se motion for a new trial which
alleged ineffective assistance of counsel.  Upon review, we affirm the
judgment of the trial court as to the defendant's conviction but
vacate its ruling as to the pro se ineffective assistance of counsel
claim.

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

STATE OF TENNESSEE v. DONALD RAY LOVELL

Court:TCCA

Attorneys:                          

Peter J. Strianse, Nashville, Tennessee (at trial and on appeal), and
Dale M. Quillen, Nashville, Tennessee (at trial), for the appellant,
Donald Ray Lovell.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Elizabeth T. Ryan, Assistant Attorney General;
Victor S. Johnson, III, District Attorney General; Janice H. Bossing
and John Zimmermann, Assistant District Attorneys General, for the
appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Davidson County Grand Jury indicted the Defendant for aggravated
gambling promotion.  The trial judge denied the Defendant's
preliminary motion to suppress certain evidence, and a Davidson County
jury found the Defendant guilty as charged.  The court sentenced him
to two years of probation, a $1,000 fine, and five hours of unpaid
community service per month for twenty-four months.  He now appeals
claiming: (1) that the trial court erred in failing to suppress
physical evidence gathered during and incriminating statements made as
a result of a warrantless search; and (2) that the evidence was
insufficient to support a conviction for aggravated gambling
promotion.  Finding no reversible error, we affirm the judgment of the
trial court.

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

STATE OF TENNESSEE v. BARBARA SUE MOORE, ALIAS BARBARA S. MOORE, ALIAS
BARBARA ADAMS

Court:TCCA

Attorneys:                          

Ross E. Alderman, District Public Defender; Jeffrey A. DeVasher (on
appeal) and Amy D. Harwell (at trial), Assistant District Public
Defenders, for the appellant, Barbara Sue Moore, alias Barbara S.
Moore, alias Barbara Adams.

Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; Bret Thomas Gunn, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The defendant, Barbara Sue Moore, pled guilty in the Davidson County
Criminal Court to theft of property valued $60,000 or more, a Class B
felony, and theft of property valued $1,000 or more but less than
$10,000, a Class D felony.  Pursuant to the plea agreement, the
defendant received concurrent sentences of eight and two years,
respectively, with the manner of service to be determined by the trial
court.  After a sentencing hearing, the trial court denied the
defendant's request for alternative sentences and ordered that she
serve her sentences in the Department of Correction.  The defendant
appeals, claiming that the trial court erred by ordering that she
serve her sentences in confinement.  We affirm the judgments of the
trial court.

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

STATE OF TENNESSEE v. WILLIAM A. PAYNE, JR.

Court:TCCA

Attorneys:                          

Nancy C. Meyer, Assistant Public Defender, Clinton, Tennessee, for the
appellant, William Payne, Jr.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; James N. Ramsey, District Attorney
General; and Janice G. Hicks, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Defendant entered a plea of guilty to the charges of second degree
murder and aggravated arson, reserving a certified question of law
pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(i).  The
trial court sentenced him to fifteen years of incarceration on both
counts and ordered that the sentences run concurrently.  In this
appeal, the Defendant presents the following reserved question of law:
"Was [the] Defendant in custody when he gave an incriminating
statement such that said statement should be suppressed for violation
of [the] Defendant's constitutional rights under [the] Fifth and
Fourteenth Amendments?"  We hold that the Defendant was in custody at
the time he made the statements and, thus, that he was entitled to
Miranda warnings.  As such, the incriminating statements that he made
prior to receiving Miranda warnings must be suppressed.  Accordingly,
we reverse the Defendant's conviction.

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

ANTHONY PHILLIPS v. STATE OF TENNESSEE 

Court:TCCA

Attorneys:                          

Anthony Phillips, Henning, Tennessee, Pro Se. 

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Emily B. Campbell, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

The petitioner appeals the summary dismissal of his post-conviction
relief petition based upon the expiration of the statute of
limitations.  He argues: (1) due process required the post-conviction
court to hear his petition because of his attorney's inaction even
though it was filed outside the statute of limitations; and,
regardless, (2) his convictions should be set aside because they are
based on void indictments.  We affirm the judgment of the
post-conviction court.

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

JASON REAVES v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Joseph S. Ozment, Memphis, Tennessee, for the appellant, Jason Reaves.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; J. Ross Dyer, Assistant Attorney General; William
L. Gibbons, District Attorney General; Lee Coffee, Assistant District
Attorney General; and W. Chris Scruggs, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Defendant was convicted in general sessions court of Driving While
Under the Influence and "Refusal to Submit."  He appealed his
convictions and sentences to the Criminal Court for Shelby County. 
The Defendant failed to appear for his initial court hearing in
criminal court, and a capias was issued for his arrest.  The Defendant
was arrested on the capias, posted bond, and subsequently appeared one
hour late for a hearing in criminal court. The criminal court
dismissed the appeal and remanded the case to general sessions court
for the execution of the original judgments.  This appeal ensued, in
which the Defendant argues (and the State concedes) that the criminal
court erred by dismissing the appeal and remanding the case to general
sessions court.  We agree and reverse the judgment of the criminal
court.

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

JOSEPH SHEPHERD v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Richard L. Burnett, Knoxville, Tennessee, for the appellant, Joseph
Shepherd.

Paul G. Summers, Attorney General and Reporter; Angele M. Gregory,
Assistant Attorney General; Jerry N. Estes, District Attorney General;
and William Reedy, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

Prior to this appeal, the petitioner, Joseph Shepherd, was convicted
of involuntary manslaughter in one proceeding, and, in a separate
proceeding, he was convicted of felony murder and aggravated assault. 
He is currently serving a life sentence.  The petitioner filed a
petition for post-conviction relief in each case, raising several
issues, including ineffective assistance of counsel.  The post-
conviction court denied relief in both cases and the petitioner
appealed.  Upon review of the record and the parties' briefs, we
affirm the judgment of the post-conviction court.

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

STATE OF TENNESSEE v. OSCAR C. WELLS

Court:TCCA

Attorneys:                          

Robert Wilson Jones and Garland Ergueden, Memphis, Tennessee (on
appeal); and Larry Nance, Memphis, Tennessee (at trial), for the
appellant, Oscar C. Wells.

Paul G. Summers, Attorney General and Reporter; Braden H. Boucek,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Jennifer Nichols and David Pritchard, Assistant District
Attorneys General, for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Oscar C. Wells, was convicted in the Shelby County
Criminal Court of one count of first degree murder and one count of
especially aggravated robbery.  The appellant received a total
effective sentence of life plus ten years.  On appeal, the appellant
challenges his arrest without a warrant and the trial court's failure
to suppress the appellant's statement which was taken after his
arrest.  Upon review of the record and the parties' briefs, we affirm
the judgments of the trial court.

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

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