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Today's Opinions: January 4, 2005
Volume 11 — Number 001
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.
00 New Opinion(s) from the Tennessee Supreme Court
02 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
11 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

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi.

Here's how you can obtain full-text version. • Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. • 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.

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


VELMA KELLER v. SNAP-ON, INCORPORATED

Court:TSC - Workers Comp Panel

Attorneys:                          

Jennifer P. Keller, Johnson City, Tennessee, for Appellant, Snap-On,
Incorporated.

Howell H. Sherrod, Johnson City, Tennessee, for Appellee, Velma Keller

Judge: THAYER

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.  The trial
court awarded the employee 50 percent permanent partial disability to
her left arm and 60 percent permanent partial disability to her right
arm as a result of carpal tunnel syndrome injuries.  Employer contends
the awards are excessive.  The judgment is affirmed

http://www.tba.org/tba_files/TSC_WCP/kellervelma.wpd

EARL N. MULLINS v. QUEBECOR WORLD OF KINGSPORT, INCORPORATED, ET AL

Court:TSC - Workers Comp Panel

Attorneys:                          

Angela Vincent, Johnson City, Tennessee, for Appellant, Earl N.
Mullins.

Steven H. Trent, Johnson City, Tennessee, for Appellees, Quebecor
World Kingsport, Inc. and The Travelers Insurance Company.

Judge: THAYER

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.  The trial
court awarded the employee 26 percent permanent partial disability to
the body as a whole.  The employee has appealed insisting the award is
not adequate.  The judgment is affirmed.

http://www.tba.org/tba_files/TSC_WCP/mullinsearln.wpd

SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_010405.wpd

WILL A. CANTRELL v. ALLEN CANTRELL

Court:TCA

Attorneys:                          

Jon L. Setzer, Nashville, Tennessee, for the appellant, Allen
Cantrell.

Clark Anthony Edwards, Columbia, Tennessee; Robert D. Massey; Rogers
N. Hays, Pulaski, Tennessee, for the appellee, Will A. Cantrell

Judge: COTTRELL

First Paragraph:

After the death of his estranged wife, the surviving husband
discovered that she had secretly placed their marital residence into a
revocable trust the assets of which, on her death, passed to the
benefit of their son.  The husband brought suit to have the transfer
to the trust declared a fraudulent conveyance and to impose a
resulting trust on the property for his benefit.  The trial court
granted him the relief he requested.  While we agree with the trial
court that the wife could not convey away the husband's interest in
the farm, our reasoning and ultimate result differ from that of the
trial court.  We affirm the resulting trust, but reverse the voiding
of the conveyance of the wife's half interest.

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

DUKE BOWERS CLEMENT v. JANET LEIGH TRAYLOR CLEMENT

Court:TCA

Attorneys:                          

David Caywood and Marc E. Reisman of Memphis for Appellant, Janet
Leigh Traylor Clement

Joe M. Duncan of Memphis and Elton A. Rieves, III of West Memphis,
Arkansas for Appellee, Duke Bowers Clement

Judge: CRAWFORD

First Paragraph:

In an appeal from a final decree of divorce, Wife challenges trial
court's classification, valuation, and distribution of marital
property, and husband challenges trial court's award of alimony to
wife. Wife contends that the trial court erred in several respects: in
its classification and valuation of the parties' marital residence; in
failing to find that the appreciation of Husband's separate property
should be included in the marital estate; in its valuation of the
automobile primarily driven by her; in failing to distribute certain
marital assets and liabilities; and in failing to award her alimony in
solido from husband's separate estate. Husband contends that the court
erred in awarding wife rehabilitative alimony for a period of seven
years. Finding that the trial court erred in classifying and
distributing the marital property, we correct the judgment of the
trial court and make an equitable division of property.

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

DONNA WOODS HARTMAN v. PATRICK ERWIN HARTMAN
WITH CONCURRING OPINION

Court:TCA

Attorneys:                          

Keith R. Peterson, Pulaski, Tennessee, for the appellant, Patrick
Erwin Hartman.

John Philip Parsons, Cookeville, Tennessee, for the appellee, Donna
Wood Hartman

Judge: CLEMENT

First Paragraph:

This appeal arises out of the parties' divorce following their second
marriage to each other.  The trial court inter alia awarded the wife
$75,000 for her contributions, in the form of personal services to the
husband's medical practice, and awarded her one-half of the equity in
the home where the parties resided during the second marriage. 
Husband appeals the first award, arguing that the medical practice was
his separate property and that the wife failed to prove any increase
in the value of the practice during the marriage.  He appeals the
second award, arguing that the trial court erred by not considering
two marital debts when it awarded half of the equity in the home to
the wife.  We vacate the $75,000 award pertaining to the value of the
husband's medical practice because there is no evidence of the value
of the practice at the beginning or end of the second marriage.  We
remand for further proceedings the award of the equity in the home
because the trial court failed to consider two marital debts, the
husband's loan to wife of $18,500 - which she used to buy her current
residence - and the couple's debt of $10,599.12, for which they were
jointly liable.  On remand, the trial court should consider inter
alia: 1) the purpose of each debt, 2) which party incurred the debt,
3) which party benefitted from incurring the debt, and 4) which party
is best able to repay the debt.

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

CONCURRING OPINION
http://www.tba.org/tba_files/TCA/hartmandonnaw_con.wpd

CYNTHIA LYNN ALSTON HOUSTON JOHNSTON v. WALTER REX HOUSTON

Court:TCA

Attorneys:                          

William T. Winchester, Memphis, for the appellant Walter Rex Houston.

Joy T. Bomar, Memphis, for the appellee Cynthia Lynn Alston Houston
Johnston

Judge: KIRBY

First Paragraph:

This is a child support case.  The parties divorced in 1991 and were
awarded joint custody of their three minor children.  Since the
divorce, the parties have been engaged in an ongoing legal battle over
child support issues.  In May 2002, the trial court confirmed the
findings of a special master, resolving all disputes except for child
support for years 2001, 2002, and 2003.  In September 2003, the
parties agreed to use the findings of the special master to calculate
the remaining child support issues.   The mother filed a proposed
consent order.  After she received no response, she filed a motion for
summary judgment, which was granted.  The grant of summary judgment to
the mother resolved the remaining issues.  The father appealed the
grant of summary judgment arguing, inter alia, that the report of the
special master was "clearly erroneous."   We affirm the findings of
the trial court with modifications, and grant the mother's request for
attorney's fees.

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

BOBBY R. POSEY, and wife, SABRINA POSEY, and DALE TEAGUE, on behalf of
themselves and all others similarly situated, v. DRYVIT SYSTEMS, INC.,
BARTON-RILEY COMPANY, LLC, BLAZER HOMES, INC., JAMES EDWARD PEE,
POLY-M CONTRACTORS, INC., REEVE CONSTRUCTION COMPANY, INC., and
THORNTON CONSTRUCTION COMPANY, INC.

Court:TCA

Attorneys:                          

Julie Murphy Burnstein, for Appellant/Intervenor.

Ellis A. Sharp, Jon M. Cope, Maria Colsey Heard, Peter W. Morgan and
R. Bruce Holcomb for Defendant.

Everette L. Doffemyre, Gary Mason, Stuart C. Markman and William
Gordon Ball, for Appellee.

Judge: FRANKS

First Paragraph:

In this appeal we remand to the Trial Court with instructions and lift
stay issued by this Court

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

MARILYNNE MACLEOD REED v. JOHN WILLIAM REED

Court:TCA

Attorneys:                          

David W. Garrett, Nashville, Tennessee, for the appellant, Marilynne
Macleod Reed.

Sonya W. Henderson, Murfreesboro, Tennessee, for the appellee, John
William Reed

Judge: FARMER

First Paragraph:

This is a divorce case.  Prior to their marriage, the parties entered
into an antenuptial agreement, designed to keep separate all property
brought into the marriage, as well as all property acquired during the
marriage unless acquired jointly.  The trial court granted Wife a
divorce on the ground of inappropriate marital conduct.  The trial
court classified and divided the parties' separate and marital
property in accordance with the antenuptial agreement.  As a result,
Husband was allowed to retain much of his separate property and
retirement.  The trial court denied Wife's requests for alimony and
attorney's fees.  Wife has appealed.  For the reasons stated below, we
affirm.

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

CAROLYN MARIE LEASURE WHITE, ET AL. v. TIMOTHY WADE MOODY

Court:TCA

Attorneys:                          

Wende J. Rutherford, Nashville, Tennessee and Charlotte U. Fleming,
Springfield, Tennessee, for the appellant, Timothy Wade Moody.

Frank E. Mondelli, Nashville, Tennessee, for the appellees, Carolyn
Marie Leasure White and Robert Wayne White.

Judge: KOCH

First Paragraph:

This is the third appeal of a case involving a divorced father's
parental rights to his eleven-year-old daughter.  The father
maintained only sporadic contact with his daughter following his
divorce from the child's mother.  After the child's mother remarried,
she and her new husband filed a petition in the Chancery Court for
Robertson County seeking to terminate the father's parental rights and
to permit the mother's new husband to adopt the child.  We reversed
the first order terminating the father's parental rights because the
trial court had failed to conduct the statutorily required best
interests analysis.  On remand, the trial court determined that
terminating the father's parental rights was in the child's best
interests without conducting an evidentiary hearing.  We reversed the
second termination order and remanded the case to enable the parties
to present evidence.  Following an evidentiary hearing, the trial
court entered a third order terminating the father's parental rights
and granting the stepfather's petition to adopt the child.  The father
has appealed the trial court's conclusion that terminating his
parental rights is in his daughter's best interests.  We have
determined that the record contains clear and convincing evidence to
support the trial court's decision.

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

MAE ELLEN WILLIAMS, ET AL. v. BAPTIST MEMORIAL HOSPITAL, ET AL.
WITH DISSENTING OPINION

Court:TCA

Attorneys:                          

Mimi Phillips and R. H. "Chip" Chockley of Memphis for Appellants, Mae
Ellen Williams, Percy Williams and Mytina Singleton, Conservator for
Mae Ellen Williams

Sherry S. Fernandez and Harold W. McLeary, Jr. of Memphis for
Appellees, Becky Wright, M.D., and Metropolitan Anesthesia Alliance

Judge: CRAWFORD

First Paragraph:

This is a medical malpractice case.  Appellants appeal from the trial
court's grant of summary judgment in favor of Appellees, a doctor and
her employer.  The trial court found that the affidavit of
Plaintiffs/Appellants' expert was inadmissible because it was filed
after the deadline for identifying experts and that such late filing
was not excusable neglect under Tenn. R. Civ. P. 6.02. We affirm.

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

DISSENTING OPINION
http://www.tba.org/tba_files/TCA/williamsmaee_dis.wpd

JAMES DAVID ALDER v. STATE OF TENNESSEE
CORRECTED OPINION

Court:TCCA

Attorneys:                          

Mickey Hall, Winchester, Tennessee, for the appellant, James David
Alder.

Paul G. Summers, Attorney General & Reporter; Richard H. Dunavant,
Assistant Attorney General; J. Michael Taylor, District Attorney
General; and Steve Strain, Assistant District Attorney General,  for
the appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The petitioner, James David Alder, was found guilty by a jury of
aggravated assault, kidnapping, and unlawful possession of a weapon. 
As a result, he received an effective sentence of twenty (20) years as
a multiple offender.  The judgments were affirmed on appeal.  See
State v. James David Alder, No. M2000-01804-CCA-R3-CD, 2001 WL 1285945
(Tenn. Crim. App. at Nashville, Oct. 25, 2001).  In this
post-conviction proceeding, the petitioner alleges that  for various
reasons his trial counsel was ineffective.  For the following reasons,
we affirm the dismissal of the post-conviction petition.

CORRECTED OPINION
http://www.tba.org/tba_files/TCCA/alderjamesd.wpd

STATE OF TENNESSEE v. TERRANCE CECIL

Court:TCCA

Attorneys:                          

Rhonda D. Hooks, Columbia, Tennessee (on appeal), Claudia S. Jack,
District Public Defender, and Shipp R. Weems, Assistant Public
Defender, (at trial), for the appellant, Terrance Cecil.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assistant Attorney General; T. Michel Bottoms, District Attorney
General; and Brent A. Cooper, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

A Maury County Circuit Court jury convicted the defendant, Terrance
Cecil, of possessing twenty-six grams or more of cocaine with intent
to sell, a Class B felony, and the trial court sentenced him as a
Range I, standard offender to ten years to be served in the Department
of Correction.  On appeal, the defendant contends that the evidence is
insufficient to support his conviction.  We affirm the judgment of the
trial court.

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

STATE OF TENNESSEE v. JEFFERY D. HOSTETTER

Court:TCCA

Attorneys:                          

E. Covington Johnston, Jr. and J. Timothy Street, Franklin, Tennessee,
for the appellant, Jeffery D. Hostetter.

Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan,
Assistant Attorney General; Victor S. (Torry) Johnson III, District
Attorney General; and Amy Eisenbeck, Assistant District Attorney
General, for the appellee, the State of Tennessee.

Judge: WOODALL

First Paragraph:

Defendant, Jeffery D. Hostetter, pled guilty to one count of
furnishing intoxicating alcoholic beverages to a person under
twenty-one years of age in violation of Tennessee Code Annotated
section 39-15-404, a Class A misdemeanor, without a recommendation as
to sentencing.  Following a sentencing hearing, the trial court
sentenced Defendant to eleven months, twenty-nine days, with fifty
percent of the sentence to be served in confinement.  On appeal,
Defendant argues that the period of confinement imposed by the trial
court is excessive and inconsistent with sentencing principles, and
the trial court improperly applied enhancement factors and failed to
apply appropriate mitigating factors.  After a thorough review of the
record, we affirm the judgment of the trial court.

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

STATE OF TENNESSEE v.  DAVID IVY

Court:TCCA

Attorneys:                          

W. Mark Ward, Tony N. Brayton, Garland Erguden, Memphis, Tennessee,
for the Appellant, David Ivy.

Paul G. Summers, Attorney General and Reporter; Angele M. Gregory,
Assistant Attorney General; William L.  Gibbons, District Attorney
General, and Amy Weirich, Assistant District Attorney General, and
Gerald Harris, Assistant District Attorney General, for the Appellee,
State of Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, David Ivy, appeals as of right his sentence of death
resulting from the  June 2001 murder of Lakisha Thomas.  On January
10, 2003, a Shelby County jury found Ivy guilty of premeditated
first-degree murder.  Following a separate sentencing hearing, the
jury unanimously found the presence of two statutory aggravating
circumstances, i.e., Ivy had previously been convicted of a violent
felony offense and the murder was committed to avoid prosecution.  The
jury further determined that these aggravating circumstances
outweighed any mitigating circumstances and imposed a sentence of
death.  The trial court approved the sentencing verdict.  Ivy appeals,
as of right, presenting for our review the following issues: (1)
whether the evidence was sufficient to establish his identity as the
perpetrator, (2) whether the trial court improperly permitted hearsay
statements of the victim to be admitted into evidence, (3) whether the
trial court erred by impaneling an anonymous jury, (4) whether the
trial court erred in refusing to permit the defense, during closing
argument, to discuss the rationale behind the hearsay exclusion, (5)
whether the trial court erred by preventing defense counsel from
arguing "residual doubt" as a non-statutory mitigating circumstance,
(6) whether the trial court erred by permitting the State to introduce
evidence that Ivy had previously been charged with first degree
murder, (7) whether the trial court's instruction that Ivy's prior
offenses were offenses whose statutory elements involved the use of
violence violated his right to trial by jury, (8) whether the death
penalty imposed in this case violated due process because the
indictment failed to allege the aggravators relied upon by the State,
(9) whether the trial court erred in refusing to answer the jury's
questions as to the consequences if they were unable to reach an
unanimous verdict as to punishment, and (10) whether Tennessee's death
penalty statutory scheme is unconstitutional.  Finding no error
requiring reversal, we affirm Ivy's conviction and sentence of death.

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

QUENTIN LEWIS v. TONY PARKER, WARDEN

Court:TCCA

Attorneys:                          

Quentin Lewis, Tiptonville, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Seth P. Kestner,
Assistant Attorney General;     William L. Gibbons, District Attorney
General; and W.S. Crossnoe, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant, Quentin Lewis, appeals from an order of the trial court
dismissing his petition for writ of habeas corpus.  The allegations
contained in the petition fail to establish either a void judgment or
an expired sentence.  The judgment of the trial court dismissing the
petition is affirmed pursuant to Rule 20, Rules of the Court of
Criminal Appeals.

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

STATE OF TENNESSEE v. CHRISTOPHER DEMOTTO LINSEY
WITH CONCURRING OPINION

Court:TCCA

Attorneys:                          

Collier W. Goodlett, Assistant Public Defender, Clarksville, Tennessee, for the Appellant, Christopher Demotto Linsey.

Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Elizabeth B. Marney, Assistant Attorney General; Arthur Bieber, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Christopher Demotto Linsey, appeals from the judgment
of the Montgomery County Circuit Court revoking his community
corrections sentences.  Linsey pled guilty to aggravated robbery,
aggravated burglary, and theft of property over $1,000.00 and, for
these convictions, he received an effective eight-year sentence to be
served in the Community Corrections Program.  On November 21, 2002, a
warrant was issued, alleging that Linsey violated the terms of his
community corrections agreement based upon new arrests for domestic
assault and possession of illegal drugs for resale and of drug
paraphernalia.  Following a hearing, the trial court ordered
revocation of his community corrections sentences, and further ordered
that his sentence for aggravated robbery be increased to ten years and
that he serve the remainder of his now effective ten-year sentence in
the Department of Correction.  On appeal, Linsey argues that (1) the
evidence was insufficient to establish that a violation occurred, (2)
the trial court, in resentencing him to ten years for  aggravated
robbery, failed to conduct a sentencing hearing as required by the
1989 Sentencing Act, and (3) his sentences are excessive in light of
Blakely v. Washington, 542 U.S. ___, 124 S. Ct. 2531 (2004).  Finding
no reversible error, the judgment of the trial court is affirmed.

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

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

STATE OF TENNESSEE v.  JON SEILER

Court:TCCA

Attorneys:                          

Leslie I. Ballin and Gray W. Bartlett, Memphis, Tennessee, for the
appellant, Jon Seiler.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Brooks Yelverton, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Defendant, Jon Seiler, pled guilty to driving under the influence
of an intoxicant ("DUI"), second offense.  Pursuant to Tennessee Rule
of Criminal Procedure 37, the Defendant reserved as a certified
question of law the issue of whether the trial court erred when it
denied his motion to suppress.  Finding no error, we affirm the
judgment of the trial court.

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

JEFFREY A. UTLEY v. RICKY J. BELL, WARDEN

Court:TCCA

Attorneys:                          

Jeffrey A. Utley, Nashville, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Seth P. Kestner,
Assistant Attorney General; Victor S. Johnson, District Attorney
General; and Amy Eisenbeck, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant, Jeffrey A. Utley, appeals from the dismissal of his
petition for writ of habeas corpus.  The trial court found that the
petition did not set forth grounds which would entitle the Defendant
to habeas corpus relief.  The judgment of the trial court is affirmed
pursuant to Rule 20, Rules of the Court of Criminal Appeals.

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

CLYDE DEWAYNE WESEMANN v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Susanna L. Thomas, Newport, Tennessee, for the appellant, Clyde
Dewayne Wesemann.

Paul G. Summers, Attorney General and Reporter; Michael Markham,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and Barry Staubus, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The petitioner, Clyde Dewayne Wesemann, appeals the dismissal of his
petition for post-conviction relief from his convictions for first
degree murder, aggravated burglary, and theft of property under $500,
arguing that the post-conviction court erred in finding that he
received effective assistance of trial counsel.  After a thorough
review of the record, we affirm the dismissal of the petition.

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

STATE OF TENNESSEE v. ANTHONY WILLIAMSON

Court:TCCA

Attorneys:                          

Robert Wilson Jones, Shelby County Public Defender and W. Mark Ward,
Assistant Shelby County Public Defender, for the appellant, Anthony
Williamson.

Paul G. Summers, Attorney General and Reporter; Rachel E. Willis,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Steve Jones, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant, Anthony Williamson, was convicted by a jury of robbery.
 He was subsequently sentenced as a Range III offender to serve
fifteen years in the Department of Correction.  In this appeal, the
Defendant challenges the sufficiency of the convicting evidence. 
Finding the evidence legally sufficient to support the Defendant's
conviction, we affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. WELTHA WOMACK

Court:TCCA

Attorneys:                          

Mark E. Stephens, District Public Defender; and John Halstead,
Assistant Public Defender, Knoxville, Tennessee.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Brent C. Cherry, Assistant Attorney General;
Randall E. Nichols, District Attorney General; and Leland Price,
Assistant District Attorney General, for the Appellee, State of
Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Weltha Womack, was convicted by a Knox County jury of
one count of aggravated rape, a class A felony, and two counts of
misdemeanor assault, resulting in an effective fifteen-year sentence. 
On appeal, Womack raises the following issues for our review: (1) the
voluntariness of his statements to the police; (2) whether the trial
court erred by permitting the State to amend the presentment on the
morning of trial; (3) whether the trial court properly instructed the
jury with regard to the requisite mental state for aggravated rape;
and (4) whether the prosecutor's comments constituted prosecutorial
misconduct in its closing argument.  After review, we find merit with
regard to issues (1) and (3) with respect to Womack's conviction for
aggravated rape.  Accordingly, the judgment of conviction for
aggravated rape is reversed, and this case is remanded for a new trial
consistent with this opinion.

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

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