TBALink Opinion-Flash

March 12, 1996 -- Volume #2 -- Number #26 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 : 1
New Opinons From TCA : 0
New Opinons From TCCA : 3
New Opinons From AG : Pending

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Jim Moore
TBALink Co-Chief Editor
Opinion-Flash

BRENDA CAMPBELL, v. FLORIDA STEEL CORPORATION,

Court:TCCA

For Appellant:              For Appellee:
Jim D. Owen                 Gavin S. Appleby
OWEN, EDWARDS & BRYANT      Erin E. Matthews
Knoxville, Tennessee        POWELL, GOLDSTEIN, FRAZER &
                            MURPHY
Robert S. Olive             Atlanta, Georgia
Sandra G. Olive
OLIVE & OLIVE, P.C.         L. Caesar Stair, III
Knoxville, Tennessee        BERNSTEIN, STAIR & McADAMS
                            Knoxville, Tennessee

First Paragraph:

We granted this appeal to determine whether "cold-shoulder
treatment" of an employee, which is neither racially nor
sexually explicit, may, if based on race or gender,
constitute unlawful harassment in violation of the
Tennessee Human Rights Act and the Federal Civil Rights
Act.

URL:http://www.tba.org/tba_files/TSC/FLORIDA.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE v. DAVID LEWIS MAYES,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

NAT H. THOMAS               CHARLES W. BURSON
317 Shelby Street           Attorney General and Reporter
Kingsport, TN  37660        
                            CLINTON J. MORGAN
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN  37243

                            H. GREELEY WELLS
                            District Attorney General
                            Blountville, TN  37617

First Paragraph:

In this direct appeal, the Appellant challenges his
sentence.  He asserts that  the trial court failed to place
on the record the mitigating and enhancement factors which
it found,  failed to properly consider the proposed
mitigating factors, and erroneously ordered consecutive
sentences.  We find this case must be remanded for
resentencing for the reasons that follow.  On October 19,
1994, the Sullivan County Grand Jury indicted the
Appellant, David L. Mayes, for conspiracy to distribute
cocaine and for possession of cocaine with the intent to
deliver or sell.  Approximately one month later, three more
indictments were returned charging the Appellant with two
counts of selling cocaine and a misdemeanor, possession of
drug paraphernalia.  The Appellant pled guilty to all of
these charges.  After a sentencing hearing, he was
sentenced as a Range I Standard offender with an effective
sentence of eighteen years.

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

STATE OF TENNESSEE, v. ANTHONY RAYMOND BELL,

Court:TCCA

For the Appellant:              For the Appellee:

Joe H. Walker               Charles W. Burson
Public Defender             Attorney General & Reporter
Walter B. Johnson           
Asst. Public Defender   
P. O. Box 334               George Linebaugh
Harriman, TN  37748         Assistant Attorney General                          
                            Charles E. Hawk
                            District Attorney General

                            Frank A. Harvey
                            Asst. District Attorney General
                        
First Paragraph:

The appellant, Anthony Raymond Bell, pled guilty in the
Criminal Court of Roane County to the offenses of vehicular
homicide as a proximate result of the appellant's
intoxication, a class C felony, and driving on a revoked
license, a class B misdemeanor.  The trial court sentenced
the appellant to four years incarceration for vehicular
homicide and six months incarceration for driving on a
revoked license.  The court further ordered that the
sentences be served consecutively.  The appellant now
appeals his sentence, contending that the trial court
should have granted him the minimum sentence of three years
for vehicular homicide.  The appellant also argues that his
sentences should be concurrent.

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

STATE OF TENNESSEE, v. MARCUS LYNN KESTERSON, 

Court:TCCA

For the Appellant:          For the Appellee:

LeRoy Tipton, Jr.           Charles W. Burson
115 East Depot Street       Attorney General of Tennessee
Greeneville, TN 37743       and
                            Darian Taylor
                            Asst Attorney General of TN
                    
                            C. Berkeley Bell, Jr.
                            District Attorney General
                            and
                            Anthony E. Hagan
                            Assistant District Attorney
                        
First Paragraph:

The defendant, Marcus Lynn Kesterson, appeals from a jury
conviction in the Greene County Criminal Court for driving
under the influence, second offense, a Class A misdemeanor.
 The defendant received a sentence of eleven months and
twenty-nine days to be served in the Greene County Jail
with a thirty percent release eligibility date and a fine
of five hundred and ten dollars.  In this appeal as of
right, the defendant contends the following:

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

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