TBALink Opinion-Flash

February 06, 1996 -- Volume #2 -- Number #13 Opinion-Flash

Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts and the TN Attorney General.

This Issue:
New Opinons From TSC : 0
New Opinons From TCA : 9
New Opinons From TCCA : 29
New Opinons From AG : Pending

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Jim Moore
TBALink Co-Chief Editor
Opinion-Flash

JAMES NEAL BROWN, JR., v. ANNABELLE SHROUT BROWN,

Court:TCA

BARBARA S. ARTHUR, Rossville, Georgia, for Appellant.

CHARLES W. BURSON, ATTORNEY GENERAL AND REPORTER 
and JAMES H. TUCKER, JR., ASSISTANT ATTORNEY GENERAL, 
Nashville, for Appellee.
                       
First Paragraph:

This case originated as a divorce action between the
parties. This appeal results from a judgment of the trial
court finding the appellant to be contempt of court for
failing to pay child support as ordered by the court and
sentencing him to serve ninety (90) days in the Hamilton
County Jail.  Child support payments were suspended during
the period of incarceration.  We vacate the judgment in
part and affirm the judgment in part.

URL:http://www.tba.org/tba_files/TCA/BROWNJN.OPN.WP6
Opinion-Flash

DONALD ROBERT GREENE, v. SARAH L. SMITH GREENE,

Court:TCA

F. DULIN KELLY
Kelly & Kelly
629 East Main Street
Hendersonville, Tennessee  37075
ATTORNEY FOR PLAINTIFF/APPELLANT

RANDLE W. HILL, JR.
Roehrig & Associates P.C.
115 Public Square
Gallatin, Tennessee  37066
ATTORNEY FOR DEFENDANT/APPELLEE
                        
First Paragraph:

Plaintiff/appellant, Donald Robert Greene ("Husband"), and
defendant/appellee, Sarah L. Smith Greene ("Wife"),
divorced on 1 April 1992 after having entered into a
Marital Dissolution Agreement ("MDA").  The parties
executed the MDA, and the court incorporated it into the
divorce decree.  The pertinent portions of the decree are
as follows:

URL:http://www.tba.org/tba_files/TCA/GREENE.OPN.WP6
Opinion-Flash

BARBARA HOUSLEY, v. FLOYD EDWARD HOUSLEY,

Court:TCA

J. ARNOLD FITZGERALD, Dayton, for Appellant.

DAVID HAINES ROTROFF, Chattanooga, for Appellee.
                        
First Paragraph:

This is an appeal from the trial court's division of marital
property.  Mr. Housley, appellant here, argues that the
trial court erred in awarding $20,000 to Barbara Housley
and the marital residence to Mr. Housley.  We affirm the
judgment of the trial court.

URL:http://www.tba.org/tba_files/TCA/HOUSLEY.OPN.WP6
Opinion-Flash

STERLING MEADOWS, v.DANIEL R. GREENE, 

Court:TCA

DANIEL R. GREENE, Knoxville, Appellant Pro Se.

J. TERRY HOLLAND, Knoxville, for Appellee
                       
First Paragraph:

This appeal involves a dispute arising from a lease
agreement between the parties.  Mr. Meadows, the lessor,
filed suit against Mr. Greene, the lessee, claiming breach
of the lease agreement.  The trial court found in favor of
Mr. Meadows and awarded judgment.  Mr. Greene has appealed
claiming that the trial court erred in so doing.  We affirm
the judgment of the trial court.

URL:http://www.tba.org/tba_files/TCA/MEADOWS.OPN.WP6
Opinion-Flash

CHARLES F. MOON and BARBARA L. MOON, both individually and
as next friends of CHANEE MOON, a minor,
v.
DENNIS G. FOX and NATIONAL TITLE INSURANCE AGENCY, INC.,
and OPINION CONCURRING IN PART AND DISSENTING IN PART   

Court:TCA

ANDY D. LEWIS of GARNER, LEWIS & PRICKETT, Chattanooga, 
for Appellants.

W. B. LUTHER of LUTHER, ANDERSON & CLEARY, P.C., 
Chattanooga, for Appellees.
                        
First Paragraph:

This tort action arose out of an automobile accident between
vehicles driven by Barbara L. Moon (Mrs. Moon) and Dennis
G. Fox (Fox).  The plaintiffs alleged that Fox rear-ended
the vehicle driven by Mrs. Moon and occupied by the other
plaintiffs.  Fox admitted liability and this case was
submitted to a jury on the issue of damages.  The jury
returned a verdict for the defendants.  The plaintiffs
appeal, raising the following issues for our review:

URL:http://www.tba.org/tba_files/TCA/MOONCF.OP.WP6
URL:http://www.tba.org/tba_files/TCA/MOON.C?.WP6
Opinion-Flash

CARL NELSON, v. HAROLD EUGENE MARTIN and JACK W. GAMMON,

Court:TCA

GAVIN M. GENTRY
ARMSTRONG, ALLEN, PREWITT,
GENTRY, JOHNSTON & HOLMES
Attorney for Plaintiff/Appellant

J. CECIL MCWHIRTER
PAUL M. O'BRIEN
MCWHIRTER & WYATT
Attorney for Appellee Martin

LEO BEARMAN, JR.
HEISKELL, DONELSON, BEARMAN, 
ADAMS, WILLIAMS & CALDWELL
Attorney for Appellee Gammon
                        
First Paragraph:

This case arises from the termination of appellant, Carl
Nelson, as employee, officer and director of B & M Printing
Company.   The pertinent facts are as follows:  In 1968,
Nelson, together with appellees, Harold E. Martin and Jack
W. Gammon, formed a partnership named B & M Printing
Company for the purpose of engaging in the commercial
printing business.   In 1969, the three partners converted
the partnership into a corporation and were issued 100
shares each of the corporation's stock. There were no other
shareholders in the corporation.   Nelson, Gammon and
Martin were all employed by the corporation and acted as
the corporation's only officers and directors.   The
presidency of the corporation was initially rotated between
the three parties every year, but at the time of  Nelson's
termination, Martin was the president and had been for
several years.  The parties received no compensation for
their  duties as officers and directors, but did receive
salaries, commissions based on individual sales, and
bonuses as employees of the corporation.   In addition, the
parties received rent money from the corporation through
their partnership, BCJ Enterprises, which owned the
property on which B & M Printing Company was located.

URL:http://www.tba.org/tba_files/TCA/NELSONC.OPN.WP6
Opinion-Flash


WANDA SHARP, Individually and as Mother and Next Friend of
JOSEPH RIGGS,  
v. 
ANDERSON COUNTY and ANDERSON SCHOOL BOARD OF EDUCATION,

Court:TCA

GLENN R. WALTER, Kramer, Rayson, Leake, Rodgers & Morgan, 
Knoxville, for appellant.

MARTIN L. ELLIS and VONDA M. LAUGHLIN, Butler, 
Vines & Babb, Knoxville, for appellees.
                        
First Paragraph:

This is an appeal from a judgment granting a motion for
summary judgment in favor of the defendants-appellees and
dismissing the plaintiffs' complaint.  We affirm the
judgment of the trial court.

URL:http://www.tba.org/tba_files/TCA/SHARPW.OPN.WP6
Opinion-Flash


GENE E. TIDWELL, dba GENE TIDWELL CONSTRUCTION COMPANY,
v.
MORRIS D. ALEXANDER and DEBRA ALEXANDER,

Court:TCA

JAMES R. TOMKINS
ROBERT H. JENNINGS, JR.
ATTORNEYS FOR PLAINTIFF/APPELLEE

BEN C. FORDHAM
C. MARK PICKRELL
Harwell Howard Hyne
Gabbert & Manner, P.C.
ATTORNEYS FOR DEFENDANTS/APPELLANTS
                        
First Paragraph:

Defendants, Dr. Morris D. Alexander and Debra Alexander,
appeal from the trial court's finding that they breached
their contract with plaintiff, Gene E. Tidwell dba Gene
Tidwell Construction Company, and the court's resulting
judgment for plaintiff in the sum of $15,980.00.

URL:http://www.tba.org/tba_files/TCA/TIDWELL.OPN.WP6
Opinion-Flash

BOBBY ASHMORE,  v. STATE OF TENNESSEE,  

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

James D. Gass                   Charles W. Burson
203 South Shannon, Suite 100    Attorney General/Reporter
Jackson, Tennessee              Nashville, Tennessee
(Appeal only)                   

John C. Mask, Jr.               Christina S. Shevalier
P.O. Box 611                    Asst Atty. Gen. & Reporter
Boliver, Tennessee              Nashville, Tennessee
(Post-conviction hearing only)  

                                Elizabeth Rice
                                District Attorney General

                                Jerry Norwood
                                Assistant  Attorney General                                 

First Paragraph:

Following an evidentiary hearing, the Circuit Court of
Hardeman County dismissed the appellant's petition seeking
post-conviction relief.  In his appeal as of right, the
appellant contends that the evidence adduced at the
post-conviction evidentiary hearing preponderated in favor
of his position that his pleas of nolo contendere were not
knowingly and voluntarily entered.  Specifically, the
appellant contends that his trial counsel placed undue
pressure upon him to enter pleas resulting in his
convictions, and further, that the trial court did not
correctly advise him of his rights at his plea submission
hearing.

URL:http://www.tba.org/tba_files/TCCA/ASHMORE.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. NATHAN DANIEL BAIOCCO,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Michael J. Flanagan             Charles W. Burson
Attorney at Law                 Attorney General & Reporter
95 White Bridge Rd.,            450 James Robertson Parkway
Nashville, TN 37205             Nashville, TN 37243-0485
(Argued)
                                William D. Bridgers
Dale M. Quillen                 Assistant Attorney General
Attorney at Law                 450 James Robertson Parkway
95 White Bridge Rd.             Nashville, TN 37243-0485
Nashville, TN 37205             
(On Brief)                      Joseph D. Baugh
                                District Attorney General
    
                                Ronald L. Davis
                                Assistant District Attorney General
                                District Attorney General
                                
First Paragraph:

This Court granted the appellant's Rule 9 interlocutory
appeal to determine whether the trial court abused its
discretion in denying the appellant's petition for the writ
of certiorari to review the district attorney general's
denial of pretrial diversion.  The appellant contends that
the trial court abused its discretion.  The state contends
that the trial court properly affirmed the district
attorney general's decision to deny pretrial diversion. 
Since this Court finds that the trial court did not abuse
its discretion, the judgment of the trial court is
affirmed.

URL:http://www.tba.org/tba_files/TCCA/BAIOCCO.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. REX BLANKENSHIP, 

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

GEORGE MORTON GOOGE         CHARLES W. BURSON
District Public Defender    Attorney General and Reporter

PAMELA J. DREWERY           CHRISTINA S. SHEVALIER
Assistant Public Defender   Assistant Attorney General
227 W. Baltimore            450 James Robertson Parkway
Jackson, TN  38301          Nashville, TN  37243-0493

                            JERRY WOODALL
                            District Attorney General

                            DON ALLEN
                            Asst District Attorney General
                            
First Paragraph:

This is an appeal pursuant to Rule 3 of the Tennessee Rules
of Appellate Procedure.  Upon his plea of guilty, the
Defendant was convicted of theft of property over the value
 of one thousand dollars.  In conjunction with a community
corrections sentence, the Defendant was ordered to make
restitution to the victim in the amount of $10,000.00.  As
his sole issue on this appeal, the Defendant argues that
the amount of restitution that he was ordered to pay is
excessive and not supported by the evidence presented at
the sentencing hearing. We affirm the judgment of the
trial court.

URL:http://www.tba.org/tba_files/TCCA/BLANKENS.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, 
v.
CHARLES EDWARD BLANTON aka BUDDY BLANTON,   

Court:TCCA

For the Appellant:              For the Appellee:

Andrew Jackson Dearing, III     Charles W. Burson
117 South Main Street           Attorney General/Reporter
Suite 101   
Shelbyville, TN  37160          Kimbra R. Spann
                                Assistant Attorney General                  
                                Criminal Justice Division
                        
                                William Michael McCown
                                District Attorney General

                                Gary Jones & Robert Crigler
                                Asst. District AG
                          
First Paragraph:

The appellant, Charles "Buddy" Blanton, appeals from a
conviction for aggravated sexual battery entered by the
Circuit Court of Bedford County.  The appellant raises five
issues for our review.  First, the appellant argues that
the trial court erred in failing to grant his motion for
judgment of acquittal at the conclusion of the State's
case-in-chief and at his motion for new trial.  Second, the
appellant contends that the State presented insufficient
evidence at trial to obtain a conviction.  Third, the
appellant asserts that the trial court erred in holding
evidence of a prior conviction admissible for impeachment
purposes.  Fourth, the appellant argues that the trial
court improperly failed to instruct the jury on the lesser
included offense of child abuse.  Fifth, the appellant
argues that the trial court improperly ordered his sentence
to run consecutive with the sentence for a previous
conviction for second degree murder.

URL:http://www.tba.org/tba_files/TCCA/BLANTONB.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v.HENRY LEE BROOKS,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Craig V. Morton, II             Charles W. Burson
Memphis, Tennessee              Attorney General/Reporter
                                
                                Christina S. Shevalier
                                Asst Atty. Gen./Reporter

                                John W. Pierotti
                                District Attorney General

                                Karen Cook
                                Asst District AG
                        
First Paragraph:
Following an evidentiary hearing, the Shelby County Criminal
Court dismissed the appellant's petition seeking
post-conviction relief.  The appellant now appeals from the
judgment of the trial court and presents two issues for our
review.  First, the appellant contends that he was denied
his constitutional right to the effective assistance of
counsel in that his trial counsel failed to properly
investigate the case and prepare for trial.  Second, he
contends that his guilty pleas were involuntarily and
unintelligently entered due to his mother's undue pressure
on him to plead guilty and his mistaken belief that his
sentences would be served concurrently instead of
consecutively.

URL:http://www.tba.org/tba_files/TCCA/BROOKSHL.OPN.WP6
Opinion-Flash

HARLEY BENSON CALHOUN,  v.STATE OF TENNESSEE,

Court:TCCA

FOR THE APPELLANT           FOR THE APPELLEE

John E. Herbison            Charles W. Burson
2016 Eighth Ave. S.         Attorney General & Reporter  
Nashville, TN  37204   
                            Christina S. Shevalier
                            Assistant Attorney General                                  
                    
                            Jerry N. Estes
                            District Attorney General
                               
                            Rebble S. Johnson 
                            Asst District Attorney General
                        
First Paragraph:

The petitioner was convicted of arson in a jury trial on May
18, 1989; he was sentenced to serve six years.  This Court
affirmed the conviction, and the Supreme Court denied
review.

URL:http://www.tba.org/tba_files/TCCA/CALHOUNH.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE  v. KENNY CLAY,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Clarence N. Cochran             Charles W. Burson
Asst.District Public Defender   Attorney General/Reporter
Dyersburg, Tennessee            Nashville, Tennessee

                                Clinton J. Morgan
                                Asst Atty. Gen. & Reporter
    
                                C. Phillip Bivens
                                District Attorney General
                                
                                Johnny Vaughn 
                                Assistant District Attorney General                             Church Street
                        
First Paragraph:

The appellant, Kenny Clay, appeals as of right from four
judgments of conviction entered on August 22, 1994, by the
Circuit Court of Lake County following jury verdicts
finding the appellant guilty of two (2) counts of burglary
and two (2) counts of theft over one thousand ($1,000)
dollars.  In this appeal, the appellant presents two issues
for review.  First, he argues that the evidence is
insufficient to support the guilty verdicts.  Second, he
contends that the State engaged in prosecutorial misconduct
in connection with its presentation of the testimony of
state witness Michael Foster.

URL:http://www.tba.org/tba_files/TCCA/CLAYKEN.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. TERESA ANN COLEMAN,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Guy T. Wilkinson                Charles W. Burson
District Public Defender        Attorney General/Reporter
                                450 James Robertson Parkway
Billy R. Roe, Jr.               Nashville, Tennessee 
Assistant Public Defender
P.O. Box 663                    John Patrick Cauley
Camden, Tennessee               Assistant Attorney General

                                Robert Radford
                                District Attorney General

                                Eleanor Cahill                                          
                                Assistant District Attorney General                                 
 
First Paragraph:

The appellant, Teresa Ann Coleman, was indicted by a Carroll
County Grand Jury of murder in the first degree.  She was
found guilty of second-degree murder by a jury of her
peers.  It is from that conviction that she appeals
pursuant to Rule 3(b) of the Tennessee Rules of Appellate
Procedure.

URL:http://www.tba.org/tba_files/TCCA/COLEMAN.OPN.WP6
Opinion-Flash

PERCY COOKSEY, v. STATE OF TENNESSEE,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

WALKER GWINN                CHARLES W. BURSON
Assistant Public Defender   Attorney General and Reporter
201 Poplar, Suite 2-01
Memphis, TN  38103          CLINTON J. MORGAN
                            Assistant Attorney General

                            JOHN W. PIEROTTI
                            District Attorney General

                            EDGAR PETERSON
                            Assistant District Attorney General
                            
First Paragraph:

This is an appeal pursuant to Rule 3 of the Tennessee Rules
of Appellate Procedure.  The Defendant filed a petition for
a writ of habeas corpus to test the legality of the
Defendant's arrest on a warrant issued by the Governor of
Tennessee directing that the Defendant be extradited to
Missouri.  After conducting an evidentiary hearing, the
trial court dismissed the Defendant's petition for writ of
habeas corpus.  We affirm the judgment of the trial court.

URL:http://www.tba.org/tba_files/TCCA/COOKSEY.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. ROBERT D. DAVENPORT,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

A C Wharton, Jr.                Charles W. Burson
District Public Defender        Attorney General & Reporter
            
Walker Gwinn                    John P. Cauley
Asst. Public Defender           Asst. Attorney General
(On Appeal)                     

Teresa Jones
Asst. Public Defender           John W. Pierotti
201 Poplar Avenue, Second Floor District Attorney General
Memphis, TN   38103                         
(At Trial)                      Thomas Henderson 
                                Asst. Dist. Attorney General
                                                       
First Paragraph:

The appellant, Robert D. Davenport, was convicted by a jury
of attempted aggravated robbery and especially aggravated
robbery.  Sentenced as a Range II multiple offender in the
attempted robbery conviction, the appellant received a
ten-year sentence.  Subsequently, sentenced as a Range III
persistent offender in the especially aggravated robbery
conviction, he received a consecutive fifty year sentence.

URL:http://www.tba.org/tba_files/TCCA/DAVENPOR.OPN.WP6
Opinion-Flash

LEO DREW, v. STATE OF TENNESSEE,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

SHANA MCCOY-JOHNSON         CHARLES W. BURSON
Senior Assistant District   Attorney General and Reporter
Public Defender
P.O. Box 700                EUGENE J. HONEA
Somerville, TN              Assistant Attorney General

                            ELIZABETH RICE
                            District Attorney General

                            CHRISTOPHER S. MARSHBURN
                            Asst District Attorney General
                        
First Paragraph:

The Petitioner appeals pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure the trial court's denial of
his petition for post-conviction relief.  The trial court
dismissed the petition because it was barred by the statute
of limitations.  We affirm the decision of the trial court.

URL:http://www.tba.org/tba_files/TCCA/DREWLEO.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. CLAUDE FRANCIS GARRETT,

Court:TCCA

For the Appellant:          For the Appellee:

Joe P. Binkley, Sr.         Charles W. Burson
Attorney                    Attorney General and Reporter
Nashville, TN   
                            Amy L. Tarkington
                            Assistant Attorney General
                            Criminal Justice Division
                                   
                            John Zimmerman                                                  
                            Assistant District Attorney 
                          
First Paragraph:

The defendant, Claude Francis Garrett, was convicted of
felony murder and sentenced to life imprisonment.  This is
his appeal of right.

URL:http://www.tba.org/tba_files/TCCA/GARRETTC.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v.GARY E. GROGAN,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

LESLIE I. BALLIN            CHARLES W. BURSON
200 Jefferson Ave.          Attorney General & Reporter
Memphis, TN  38103
                            ELLEN H. POLLACK
                            Asst. Attorney General
                
                            JOHN W. PIEROTTI
                            District Attorney General

                            JAMES J. CHALLEN III
                            Asst. District Attorney General
                        
First Paragraph:

The defendant was charged in the indictment with theft of
property over sixty thousand dollars ($60,000) in value, a
B felony.  He was allowed to plead guilty to theft of
property over ten thousand dollars ($10,000) in value, a C
felony, for which he received an agreed sentence of five
years in the Shelby County workhouse.  The trial court
denied the petitioner's application for a suspended
sentence.

URL:http://www.tba.org/tba_files/TCCA/GROGAN.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. RAVEN P. GUNN,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

A.C. Wharton                    Charles W. Burson
Public Defender                 Attorney General  Reporter

Teresa Jones                    David Henry 
Assstant Public Defender        Asst District AG

Catherine Costict               Clinton J. Morgan
Assistant Public Defender       Asst Atty. Gen./Reporter
                                                    
First Paragraph:

The appellant, Raven P. Gunn, was charged in a one count
indictment with aggravated assault.  The case was tried
before a Shelby County jury which found the appellant
guilty of the lesser included offense of reckless
endangerment.  The sole issue presented on appeal is
whether the evidence was sufficient to support the
conviction.

URL:http://www.tba.org/tba_files/TCCA/GUNN.OPN.WP6
Opinion-Flash

TERRY L. HICKS, JR., v. STATE OF TENNESSEE, 
Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

George Morton Googe             Charles W. Burson
District Public Defender        Attorney General/Reporter
                                
Pamela J. Drewery               Clinton J. Morgan   
Assistant Public Defender       Asst Atty. Gen./Reporter
    
                                James G. Woodall                                        
                                District Attorney General

                                Donald Allen
                                Asst District AG    
                        
First Paragraph:

This is an appeal by Terry L. Hicks, Jr. from the dismissal
of his post conviction relief petition by the Circuit Court
of Madison County. The appellant was indicted for first
degree murder and possession of a deadly weapon with the
intent go armed.  At the time the indictment was returned,
the appellant was facing a felony drug charge as well. 
Ultimately, the appellant pled guilty to the offense of
voluntary manslaughter.  As part of the plea agreement the
appellant was sentenced to a term of imprisonment of ten
(10) years as a standard Range I offender and the drug
charge was reduced to a misdemeanor.   At the time the
appellant was sentenced, the maximum sentence upon a
conviction of voluntary manslaughter as a standard Range I
offender was six (6) years.

URL:http://www.tba.org/tba_files/TCCA/HICKSTL.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE  v. ROBERT JOHNSON, JR.

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:


JAMES D. GASS               Charles W. Burson
Attorney at Law             Attorney General & Reporter

                            Ellen H. Pollack
                            Assistant Attorney General
                            
                            James W. Thompson
                            Assistant Attorney General
                            
First Paragraph:

AFFIRMED
MARY BETH LEIBOWITZ,
SPECIAL JUDGE

URL:http://www.tba.org/tba_files/TCCA/JOHNSON.WPD.WP6
Opinion-Flash

THOMAS L. MILLS, v. STATE OF TENNESSEE,

Court:TCCA

For the Appellant:              For the Appellee:

Robert N. Meeks, P.C.           Charles W. Burson
Chattanooga, TN                 Attorney General and Reporter

                                Michelle L. Lehmann
                                Assistant Attorney General                          
                       
                                William H. Cox III
                                District Attorney General

                                Yoland Mitchell
                                Asst. District Attorney General
                        
First Paragraph:

The appellant, Thomas L. Mills, appeals as of right from the
dismissal of his petition for post-conviction relief.  The
appellant contends that the post conviction court erred in
finding that the petition was barred by the three year
statute of limitations.

URL:http://www.tba.org/tba_files/TCCA/MILLSTL.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. DALE E. MORRELL,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Randall E. Reagan               Charles W. Burson
Attorney at Law                 Attorney General & Reporter
(Appeal Only)           
                                Michael J. Fahey, II
Robert Y. Oaks                  Assistant Attorney General
Assistant Public Defender        

(At Trial and On Appeal)        David E. Crockett                                       
                                District Attorney General
OF COUNSEL:                     Route 19, Box 99
                                Johnson City, TN 37601
David F. Bautista
District Public Defender        Kent W. Garland
142 Market Street, East         Assistant District Attorney General
                       
First Paragraph:

The appellant, Dale E. Morrell, was convicted of driving
while under the influence, fourth offense, a Class A
misdemeanor, child endangerment, a Class A misdemeanor, and
violating an habitual motor offender order, a Class E
felony, pursuant to a plea bargain agreement.  The trial
court imposed the following sentences:

URL:http://www.tba.org/tba_files/TCCA/MORRELL.OPN.WP6
Opinion-Flash

CHARLES A. NORRIS, v. ROCKY BELL, WARDEN,       

Court:TCCA

CHARLES A. NORRIS, Pro Se

CHARLES W. BURSON, Attorney General / Reporter, Nashville
AMY L. TARKINGTON, Assistant Attorney General, Nashville
                       
First Paragraph:

Charles A. Norris (petitioner) appeals from an order
entered in the Criminal Court for Hickman County denying
his petition for a writ of habeas corpus.  On appeal,
petitioner presents one issue for review: whether the trial
court erred in dismissing his petition for writ of habeas
corpus.  We find no error and affirm.

URL:http://www.tba.org/tba_files/TCCA/NORRISCA.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE v. JEFFERSON PENNINGTON  
and DISSENTING OPINION

Court:TCCA

For the Appellee:             For the Appellant:

Charles R. Ray                Charles W. Burson
211 Third Avenue North        Attorney General of TN
Nashville, Tennessee
                              Eugene J. Honea
                              Assistant Attorney General
                                                      
First Paragraph:

The defendant, Jefferson C. Pennington, was charged in a two
count indictment with the offenses of driving under the
influence and driving on a suspended or revoked drivers
license.  The defendant filed a motion to dismiss the
indictment on grounds of double jeopardy. This motion was
sustained by the trial court.  The State of Tennessee has
appealed this dismissal as a  matter of right.  In this
appeal, the state  presents a singular issue for review:
Whether the defendants being held in jail under a local
policy for twelve (12) hours after arrest, prior to being
allowed to post bail, would support a dismissal of the
charges against him on grounds of double jeopardy.  We find
no error and affirm the judgment of the trial court.

URL:http://www.tba.org/tba_files/TCCA/PENNING.OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/PENNING.DIS.WP6
Opinion-Flash

STATE OF TENNESSEE, v.CHAD DOUGLAS POOLE,
and CONCURRING OPINIONS (2)

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

C. MICHAEL ROBBINS          CHARLES W. BURSON
Asst District PD            Attorney General and Reporter
Somerville, TN 
                            ELLEN H. POLLACK
                            Assistant Attorney General

                            ELIZABETH RICE
                            District Attorney General

                            JERRY NORWOOD
                            Asst District Attorney General

First Paragraph:

This is an appeal pursuant to Rule 3 of the Tennessee Rules
of Appellate Procedure.  The Defendant was convicted, upon
his pleas of guilty, of Class E felony theft, two counts of
burglary, especially aggravated burglary, and especially
aggravated robbery.  For these respective crimes, the trial
court sentenced the Defendant as a Range I standard
offender to concurrent terms of one year for the theft, two
years for each of the burglaries, eight years for the
especially aggravated burglary and twenty-one years for the
especially aggravated robbery.  It is from the sentence of
twenty-one years imposed for the Class A felony of
especially aggravated robbery that the Defendant primarily
appeals.  We affirm the judgment of the trial court.

URL:http://www.tba.org/tba_files/TCCA/POOLECD.OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/POOLE2.CON.WP6
URL:http://www.tba.org/tba_files/TCCA/POOLECD.CON.WP6
Opinion-Flash

CLIFFORD WAYNE ROGERS,  v. STATE OF TENNESSEE,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

CLIFFORD WAYNE ROGERS       CHARLES W. BURSON
Pro-Se                      Attorney General and Reporter
P.O. Box 5000-NECC
Mountain City, TN  38783    HUNT S. BROWN
                            Assistant Attorney General

                            JOHN W. PIEROTTI
                            District Attorney General

                            JENNIFER NICHOLS
                            Asst District Attorney General
                      
First Paragraph:

This is an appeal as of right pursuant to Rule 3 of the
Tennessee Rules of Appellate Procedure from the trial
court's dismissal of the Petitioner's petition for
post-conviction relief because it was time-barred.  We
affirm the dismissal of the petition.

URL:http://www.tba.org/tba_files/TCCA/ROGERSCW.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. MERLIN EUGENE SHUCK,

Court:TCCA

FOR THE APPELLANT               FOR THE APPELLEE

Charles R. Terry                Charles W. Burson
Denise S. Terry                 Attorney General & Reporter  
918 West First North Street 
P.O. Box 724                    Michael J. Fahey, II
Morristown, TN  37814           Assistant Attorney General                                  

Thomas F. Bloom                 
500 Church Street
Nashville, TN                   Alfred C. Schmutzer, Jr.
                                District Attorney General
                               
                                James B. Dunn
                                Assistant District Attorney General

First Paragraph:

The defendant was convicted of one count of solicitation to
commit first degree murder and was sentenced to serve ten
years.  He was also convicted of two counts of solicitation
to commit especially aggravated kidnapping and sentenced to
serve six years on each count.  The sentences were ordered
to run concurrently.

URL:http://www.tba.org/tba_files/TCCA/SHUCK.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. CATHERINE WARD,

Court:TCCA

For the Appellant:          For the Appellee:

David L. Raybin             Charles W. Burson
Attorney at Law             Attorney General & Reporter
424 Church Street   
Nashville, TN  37219        Christina S. Shevalier
(Appeal Only)               Assistant Attorney General
                            
R. Ray Galbreath            
Attorney at Law                     
901 Stahlman Building       Joseph D. Baugh
Nashville, TN  37201        District Attorney General
(Trial Only)                Timothy L. Easter
                            Asst. District AG                               

First Paragraph:

Appellant, Catherine Ward, was convicted of promoting
prostitution, a Class E felony, by a jury.  The trial court
found that appellant was a standard offender and imposed a
Range I sentence consisting of a fine of $3,000 and
confinement for one year in the Department of Correction.

URL:http://www.tba.org/tba_files/TCCA/WARDCATH.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE  v. MARTHA L. WHICKER

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

W. Zane Daniel              Charles W. Burson
Daniel & Oberman            Attorney General
Attorneys at Law
550 W. Main Ave.            Christina S. Shevalier
Knoxville, TN 37902         Assistant Attorney General

                            Randall E. Nichols
                            District Attorney General

                            Robert L. Jolley, Jr.
                            Asst. Dist. Attorney General

First Paragraph:

The appellant, Martha L. Whicker, appeals as of right from a
judgment entered against her in the Criminal Court of Knox
County.  Although the appellant was charged with first
degree murder, the jury returned a verdict of guilty
against the appellant for the offense of voluntary
manslaughter, a Class C felony. Tenn. Code Ann.
39-13-211(b).  After a sentencing hearing, the appellant
was sentenced as a Range I standard offender to a term of
four years to be served in the Tennessee Department of
Correction.

URL:http://www.tba.org/tba_files/TCCA/WHICKER.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. KASWASI EUGENE WILLIAMS,

Court:TCCA

For the Appellant:              For the Appellee:
Victoria L. DiBonaventura       Charles W. Burson
Attorney at Law                 Attorney General/Reporter

                                Elizabeth T. Ryan
                                Assistant Attorney General

                                G. Robert Radford
                                District Attorney General

                                John W. Overton, Jr.
                                Asst. District AG
                        
First Paragraph:

The appellant, Kaswasi Eugene Williams, was convicted of
felony murder and sentenced to life imprisonment in the
Department of Correction.  On appeal, he argues that the
evidence was insufficient to support the jury's verdict.

URL:http://www.tba.org/tba_files/TCCA/WILLIAMK.OPN.WP6
Opinion-Flash

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