TBALink Opinion-Flash

April 08, 1996 -- Volume #2 -- Number #33 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 : 2
New Opinons From TCA : 20
New Opinons From TCCA : 13
New Opinons From AG : Pending

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  • 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.

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  • Click the URL Link at end of each Opinion Paragraph below. This option will allow you to download the original WP 6.0 document.

Jim Moore
TBALink Co-Chief Editor
Opinion-Flash

STATE OF TN, v. ANTHONY DARRELL DUGARD HINES,
and DISSENTING OPINION ON PETITION TO REHEAR

Court:TSC

Attorneys:n/a
                        
First Paragraph:

A petition to rehear has been filed on behalf of the
defendant-appellant, Anthony Darrell Dugard Hines.  After
consideration of the same, a majority of the Court is of the
opinion that the petition should be granted to address the
first issue presented.

URL:http://www.tba.org/tba_files/TSC/HINES9.OPN.WP6
URL:http://www.tba.org/tba_files/TSC/HINES9.DIS.WP6
Opinion-Flash

LARRY STEVEN BRIDGES,v. RUBY ADCOCK BRIDGES,    

Court:TCA

JAMES L. SMITH
Hendersonville, TN
ATTORNEY FOR PLAINTIFF/APPELLEE

Bruce N. Oldham
Sue Hynds Dunning
OLDHAM & DUNNING, LLC
Gallatin, TN
ATTORNEYS FOR DEFENDANT/APPELLANT
                        
First Paragraph:

In this divorce case, the defendant/counter-plaintiff /wife
has appealed from a judgment which dismissed the complaint
of the plaintiff/counter-defendant/husband, granted a
divorce and alimony to the wife, and divided the marital
estate.

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

IN RE:  ESTATE OF JAMES EDWARD COLSON
v.
SUNNY SUE COLSON

Court:TCA

JAMES D. ESTEP, III, OF TAZEWELL FOR APPELLANT

JOE E. MAGILL OF CLINTON FOR APPELLEE
                     
First Paragraph:

The Estate of James Edwards Colson appeals an adverse award
in favor of Sunny Sue Colson from the Claiborne County
Chancery Court.  The Chancellor granted, on equitable
grounds, an award of $1000 per month in alimony against the
Estate of the decedent.

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

FREDIA DUGGER v. MOHAMED F. ALI

Court:TCA

MOHAMED F. ALI, Pro Se

JAMES S. ROACH OF JOHNSON CITY FOR APPELLEE
                      
First Paragraph:

Mohamed Ali appeals an order of the Trial Court denying his
motion for relief under Rule 60 of the TN Rules of
Civil Procedure, denying his request to appoint him counsel
and denying his motion seeking sanctions.

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

FIRST TN BANK NATIONAL ASSOCIATION,
v.      
THOROUGHBRED MOTOR CARS, INC.,

Court:TCA

JOHN S. HICKS and KATHERINE A. BROWN, Baker, Donelson,
Bearman & Caldwell, Nashville, Attorneys for
Plaintiff/Appellee

ROBERT E. BOSTON and DAVID E. LEMKE, Waller, Lansden, Dortch
& Davis, Nashville, Attorneys for Defendant/Appellee
                       
First Paragraph:

First TN Bank National Association ("plaintiff")
filed suit in the Chancery Court of Davidson County against
Thoroughbred Motor Cars, Inc. ("defendant") seeking to
recover damages incurred as a result of defendants alleged
breach of an asset purchase agreement to which it claimed to
be a third party beneficiary.  Defendant filed a motion to
dismiss pursuant to T.R.C.P. 9.01 and 12.02(6), contending
that plaintiffs complaint failed to state a claim upon
which relief could be granted because it was not a party or
an intended beneficiary of the asset purchase agreement and
therefore lacked standing to sue under the agreement. 

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

WILLIAM LEFFEW, and wife, CHRISTINE LEFFEW,
v.
ACandS, Inc., et al             
and CONCURRING OPINION(S)

Court:TCA

GEORGE A. WEBER, III, MIKE G. NASSIOS and JERE FRANKLIN
OWNBY III, of the Law Offices of Peter G. Angelos,
Knoxville, for Appellants.

WILLIAM D. VINES, III, MARTIN L. ELLIS and VONDA M.
LAUGHLIN, of Butler, Vines & Babb, P.L.L.C., Knoxville, for
ACandS, Inc.

DWIGHT E. TARWATER, THOMAS A. BICKERS, ANDREW R. TILLMAN and
WYNN du M. C. HALL, Paine, Swiney and Tarwater, Knoxville,
for Owens Corning Fiberglas Corporation.

W. MORRIS KIZER, and F. SCOTT MILLIGAN, Gentry, Tipton,
Kizer & Little, P.C., Knoxville, for Pittsburgh Corning
Corporation.

M. DENISE MORETZ, Wolf, McMclain, Bright, Allen and
Carpenter, Knoxville, for Owens-Illinois, Inc., and W. R.
Grace & Co.  Conn.
                        
First Paragraph:

This is an appeal from a summary judgment dismissing the
plaintiffs' claims as being time barred by the one-year
statute of limitations found in T.C.A.  28-3-104.  We
reverse the judgment of the trial court.

URL:http://www.tba.org/tba_files/TCA/LEFFEW.OPN.WP6
URL:http://www.tba.org/tba_files/TCA/LEFFEW1.CON.WP6
URL:http://www.tba.org/tba_files/TCA/LEFFEW2.CON.WP6
Opinion-Flash

SANDRA K. LEWIS and husband, CARLTON LEWIS,
v.
JASON M. PENDERGRASS and R. EUGENE PENDERGRASS,

Court:TCA

HOWARD L. UPCHURCH, Pikeville, for Plaintiffs-Appellees.

LYNNE D. SWAFFORD, SWAFFORD & SWAFFORD, Pikeville, for
Defendants-Appellants.
                       
First Paragraph:

The determinative issue on appeal as framed by the
appellants is: [Whether] the defendants were deprived of a
fair and impartial jury because of Juror Rankins failure to
respond truthfully on voir dir and further, because Juror
Rankin and plaintiffs counsel both failed to reveal a
recent attorney/client relationship and an upcoming trial
wherein plaintiffs counsel would be a crucial witness on
behalf of Juror Rankin.

URL:http://www.tba.org/tba_files/TCA/LEWIS2.OPN.WP6
Opinion-Flash

CHARLES K. LOCKWOOD and FRANKIE L. LOCKWOOD,
v.
WILLIAM M. ABLES,           

Court:TCA

STEVEN M. JACOWAY
PATRICK, BEARD & RICHARDSON, P.C.
Suite 202, Market Court
537 Market Street
Chattanooga, TN 37402
Attorney for Plaintiffs/Appellants

GEORGE LANE FOSTER
FOSTER, FOSTER, ALLEN & DURRENCE
515 Pioneer Bank Building
801 Broad Street
Chattanooga, TN 37402
Attorney for Defendant/Appellee
                        
First Paragraph:

In this legal malpractice case, the trial judge directed a
verdict for the defendant because he found that the
plaintiffs failed to prove that but for the defendants
negligence they would have won their lawsuit.  We reverse
and remand for a new trial.

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

ETHEL RICH MARSHALL,        
v.
DON SUMMERS, and RON BOTTORFF, a partnership, d/b/a Summers
Lumber & Timber Co.,

Court:TCA

Kenneth F. Scott
TUNE, ENTREKIN & WHITE
Nashville, TN
ATTORNEY FOR PLAINTIFF/APPELLEE

Jeffrey Zager
Mary Ellen Morris
TRABUE, STURDIVANT & DeWITT
Nashville, TN 
ATTORNEYS FOR DEFENDANTS/APPELLANTS
                        
First Paragraph:

The captioned defendants, Don Summers and Ron Bottorff,
partners doing business as Summers Lumber & Timber Co., have
appealed from a Rule 54.02 partial summary judgment
interpreting a provision of a lease between the captioned
plaintiff as lessor and the appellants as lessees.  The
other captioned defendant is not a party to this appeal.

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

BARBARA McKENNA, Individually and as next friend of
CHRISTOPHER McKENNA,
v.
JACKIE JACKSON and EMMA JONES,  

Court:TCA

Jeff K. Walker
GOODMAN & WALKER
Springfield, TN

JAMES M. HUNTER
Gallatin, TN
ATTORNEYS FOR PLAINTIFF/APPELLANT

Mark T. Smith
KELLY & SMITH
Gallatin, TN
ATTORNEY FOR DEFENDANT/APPELLEE
                        
First Paragraph:

The captioned plaintiff has appealed from a summary judgment
dismissing her suit against Emma Jones for injuries to
Christopher McKenna, a minor, by a dog owned and kept by
Jackie Jackson on premises rented to her and owned by Emma
Jones.  Plaintiffs suit against Jackie Jackson resulted in
a judgment for the plaintiff from which no appeal has been
prosecuted.

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

DONALD E. OVERTON
v.
RON CUNNINGHAM, GAIL SHELBY, and WACHOVIA BANK CARD SERVICES

Court:TCA

DONALD E. OVERTON, Pro Se

JAMES E. FOGLESONG OF KNOXVILLE FOR APPELLEES
                        
First Paragraph:

Donald E. Overton appeals a dismissal of his complaint
against Ron Cunningham, an attorney, Gail Shelby, his legal
assistant, and Wachovia Bank Card Services, his client,
which sought damages, both compensatory and punitive, as a
result of the Defendants' fraud:

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

ELMER SANDERS, d/b/a SANDERS WRECKER & TOWING SERVICE, INC.
v.
ROBERT RAMSEY, a/k/a BOBBY RAMSEY, SHIRLEY A. McGAHA, d/b/a
COVE MOTORS, and DENNIS RAMSEY

Court:TCA

DAVID B. HILL OF NEWPORT FOR APPELLANTS

JOE G. BAGWELL OF KNOXVILLE FOR APPELLEE
                       
First Paragraph:

This appeal questions whether the Chancellor improperly
denied the Defendants a jury trial.

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

LINDA ROSS SCHORR, v. JAMES LEE SCHORR, 

Court:TCA

Diane E. Bell of Memphis
Hayden Lait of Memphis
For Plaintiff-Appellee

Grady M. Garrison of Memphis
Gail O. Mathes of Memphis
For Defendant-Appellant
                       
First Paragraph:

This appeal involves a suit that essentially seeks to set
aside and/or modify a final decree of divorce.  Defendant,
James Lee Schorr, appeals from the judgment of the chancery
court awarding plaintiff, Linda Schorr, monetary recovery as
an addition to the division of marital property, plus
attorney fees and costs.

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

SHEILA SEATS v. KERMIT LOWRY, M.D.   

Court:TCA

RICHARD M. CURRIE, JR., OF KINGSPORT FOR APPELLANT

JOHN S. BINGHAM and DANIEL B. MINOR OF KINGSPORT FOR APPELLEE
                        
First Paragraph:

Kermit Lowry appeals a medical malpractice judgment rendered
against him in the amount of $65,000 in favor of Sheila
Seats.  He insists on appeal that the Trial Court was in
error in not directing a verdict in his favor at the
conclusion of all the proof and in refusing to charge the
jury certain of his special requests.

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

IN RE: S.M., JR.  (A minor)     

Court:TCA

For B.M.C.:                 For Dept. of Human Services:

Diane T. Hutchins           Charles W. Burson
Dickson, TN                 Attorney General & Reporter

                            Lisa A. Yacuzzo
For S.M., Sr.:              Assistant Attorney General
                            Nashville, TN
Gregory D. Smith
Clarksville, TN
                        
First Paragraph:

This appeal involves the termination of parental rights of
two mildly retarded parents with regard to their
eleven-year-old son.  The Montgomery County Juvenile Court
removed the child from his parents home and awarded
temporary custody to the Department of Human Services after
determining that he had been sexually abused by his father. 
Approximately two and one half years later, the juvenile
court  terminated the parents parental rights and awarded
the department permanent custody of the child.  

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

ALLSTATE INSURANCE COMPANY, 
v
MARY LOUISE DAVIS, JOHN RASNIC, CAROLYN RASNIC, and
TN FARMERS MUTUAL INSURANCE COMPANIES,

Court:TCA

PAUL E. DUNN, DUNN MACDONALD & COLEMAN, P.C., Knoxville, for
Plaintiff-Appellant.

JAMES D. ESTEP, III, ESTEP & ESTEP, Tazewell, for Defendant
Appellee, TN Farmers Mutual Insurance Companies.
                        
First Paragraph:

In this declaratory judgment action, plaintiff, insurance
company, sought a declaration that its insured, John H.
Rasnic, was not an insured under its policy for the accident
occurring between the Rasnic and Davis motor vehicles. 
Specifically, the complaint alleged that Rasnic had violated
the policy provision:

URL:http://www.tba.org/tba_files/TCA/ALLSTAT2.OPN.WP6
Opinion-Flash

UNION PLANTERS NATIONAL BANK
v.
RALPH A. TAYLOR AND THOMAS C. METCALFE, JR.

Court:TCA

JOE G. BAGWELL OF KNOXVILLE FOR APPELLANTS

STEPHEN W. GIBSON OF KNOXVILLE FOR APPELLEE AT TRIAL LEVEL;
UNREPRESENTED ON APPEAL
                        
First Paragraph:

Ralph A. Taylor and Thomas C. Metcalfe, Jr., appeal a
judgment rendered against them totaling $67,022.67 in favor
of Union Planters National Bank, successor in interest to
Fidelity Federal Bank, F.B.S.

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


JOHN WILLIAM WITT,  v. KIMBERLEY DENISE WITT, 

Court:TCA

W. GERALD TIDWELL, JR., Chattanooga, for Appellant.

CHARLES W. BURSON, Attorney General and Reporter and JAMES
H. TUCKER, JR., Assistant Attorney General, for Appellee.
                        
First Paragraph:

This is a most unusual case.  The parties were married on
September 26, 1987.  During the marriage, one child, Dustin
Levi Witt, was born.  On May 11, 1989, the plaintiff filed
an action for divorce.  On November 15, 1989, a final decree
was entered by the court dissolving the marriage on the
grounds of irreconcilable differences and approving a
marital dissolution agreement.  The marital dissolution
agreement contained, among other things, the following
provision:

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

FAYE LORENTZ,                           
v.
BERTIE PHILLIPS, SAM PHILLIPS, JR. and wife, MARTHA ANN
PHILLIPS, and AUTO-OWNERS INSURANCE COMPANY,

Court:TCA

JAMES Y. ROSS
Waynesboro, Tennessee
Attorney for Plaintiff/Appellee

GARY A. BREWER
GLEN L. KRAUSE
BREWER, KRAUSE, BROOKS & MILLS
Nashville, Tennessee
Attorney for Defendant/Appellant Auto-Owners Insurance
Company
                        
First Paragraph:

This case involves the applicability of an exclusion clause
in a policy of homeowners insurance.  The insured dwelling
burned to the ground after the plaintiff moved out. The
insurance company refused to pay for the fire loss, citing
the clause excluding coverage for vandalism or malicious
mischief, where the dwelling has been vacant for more than
thirty days.  

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

STATE OF TN, v. LINDA BOATMAN,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Robert H. Stovall               Charles W. Burson
Assistant Public Defender       Attorney General & Reporter
Charlotte, TN                       Nashville, TN 

OF COUNSEL:                     George Linebaugh
                                Assistant Attorney General
Shipp R. Weems                  450 James Robertson Parkway
District Public Defender        Nashville, TN 37243-0493
P.O. Box 160
Charlotte, TN 37036             Dan M. Alsobrooks
                                District Attorney General
 
                                George Sexton
                                Asst District AG
 
First Paragraph:

The appellant, Linda Boatman, entered pleas of guilty to the
offenses of vehicular assault, a Class D felony, and
aggravated assault, a Class C felony pursuant to a plea
bargain agreement.  The trial court sentenced the appellant
to confinement for three (3) years in the Department of
Correction as a Range I offender pursuant to the agreement. 
However, the trial court denied the appellant's request for
an alternative sentence to confinement.  

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

STATE OF TN,    v. KAREN SUE BOGGS,
    
Court:TCCA

For the Appellant:          For the Appellee:

Mark E. Stephens            Charles W. Burson
District Public Defender    Attorney General and Reporter

Paula R. Voss
Timothy McLaughlin  
Asst. Public Defenders      Hunt S. Brown
1209 Euclid Avenue          Assistant Attorney General
Knoxville, TN 37921         Criminal Justice Division
                         
                            Randall Eugene Nichols
                            District Attorney General

                            John W. Gill
                            Asst. District Attorney General
                            Jerry Cunningham, 
                            Sp Prosecutor
 
First Paragraph:

The appellant, Karen Sue Boggs, pled guilty to one count of
vehicular homicide as the proximate result of intoxication
in the Criminal Court of Knox County.  Following a
sentencing hearing, the trial court imposed a six year
sentence of split confinement, with one year of confinement
followed by five years of supervised probation.  The
appellant appeals the sentence presenting three issues for
our review.  First, the appellant contends that the trial
judge erred by not recusing himself from the sentencing
phase of the appellant's case.  

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

STATE OF TN,    v. WARNER D. BRANNON,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

CHRISTOPHER VAN RIPER       CHARLES W. BURSON
Stuart & Van Riper          Attorney General and Reporter
Clinton, TN 37716 
                            TIMOTHY F. BEHAN
                            Assistant Attorney General
 
                            RANDALL E. NICHOLS
                            District Attorney General

                            WILLIAM CRABTREE and
                            ZANE SCARLETT
                            Asst District Attorneys General

First Paragraph:

The Defendant, Warner Brannon, appeals as of right from a
jury verdict convicting him of driving under the influence. 
The jury fined the Defendant five hundred dollars, and the
trial court sentenced him to eleven months and twenty nine
days in confinement with all but fifteen days suspended. 
The Defendant now appeals his conviction and his sentence. 
We affirm the judgment of the trial court.

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

STATE OF TN,    v. WILLIAM JEFFERY CARICO,

Court:TCCA

For the Appellant:          For the Appellee:

Burkett C. McInturff        Charles W. Burson
132 Broad Street            Attorney General of TN
Kingsport, TN  37660        and
                            Jeannie Kaess              
                            Asst Attorney General of TN
                    
                            C. Berkeley Bell, Jr.  
                            District Attorney General   
                            and
                            Doug Godbee               
                            Assistant District Attorney General            

First Paragraph:

The defendant, William Jeffery Carico, appeals as of right
from his conviction by a jury in the Hawkins County Criminal
Court for aggravated rape, a Class A felony.  The defendant
was sentenced as a Range I, standard offender to twenty-five
years in the custody of the Department of Correction.  The
following issues are presented for our review:

URL:http://www.tba.org/tba_files/TCCA/CARICO.OP.WP6
Opinion-Flash

STATE OF TN,    
v. 
JOHNNY LEE CLEVELAND, III, a/k/a AKEM ISMIL FUGUAN, 

Court:TCCA

For the Appellant:              For the Appellee:

Mary Ann Green                  Charles W. Burson
Assistant Public Defender       Attorney General of TN
Chattanooga, TN                 and
(AT TRIAL)                      Darian B. Taylor
                                Asst Attorney General of TN                 
                                450 James Robertson Parkway     
Ardena J. Garth                 Nashville, TN 37243-0493
District Public Defender
     and                        William H. Cox
Donna Robinson Miller           District Attorney General
Mary Ann Green                  and
Assistant Public Defenders      H. C. Bright
701 Cherry St., Suite 300       Assistant District Attorney General
Chattanooga, TN 37402           600 Market St., Suite 310
(ON APPEAL)                     Chattanooga, TN 37402

First Paragraph:

The defendant, Johnny Lee Cleveland, III, a/k/a Akem Ismil
Fuguan, was convicted of attempted aggravated rape and was
sentenced to the Department of Correction for twenty (20)
years as a Range II, multiple offender.

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

STATE OF TN, v. JAMES EDWARD FRENCH,    

Court:TCCA

For the Appellant:      For the Appellee:
Gerald Russell          Charles W. Burson
Attorney at Law         Attorney General and Reporter

                        Darian B. Taylor
                        Assistant Attorney General
   
                        Michael L. Flynn
                        District Attorney General

                        Philip H. Morton
                        Asst. District Attorney General
  
First Paragraph:

The appellant, James Edward French, was convicted of
burglary, a class D felony.  He was sentenced to twelve
years in the Department of Correction as a career offender. 
He raises three issues on appeal:  (a) the trial court erred
in failing to charge the lesser included offense of criminal
trespass; (b) the State's witnesses violated the rule of
sequestration by discussing testimony during the trial; and
(c) the trial court erred in ruling that the appellant's
prior convictions could be used for impeachment.

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

STATE OF TN,    v. MARY McNABB,

Court:TCCA

For the Appellant:          For the Appellee:
Mack Garner                 Charles W. Burson
District Public Defender    Attorney General and Reporter

                            Clinton J. Morgan
                            Assistant Attorney General
 
                            Michael L. Flynn
                            District Attorney General

                            Philip H. Morton
                            Asst. District Attorney General
                       
First Paragraph:

The appellant, Mary McNabb, entered a nolo contendere plea
to the offense of writing a worthless check, a class A
misdemeanor.  She was sentenced to eleven months and
twenty-nine days in the Blount County Jail; she is eligible
for work release, furlough, trusty status, or related
rehabilitative programs after serving 70% of her sentence. 
On appeal, she argues that the trial court erred in failing
to impose full probation or alterative sentencing. 

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

STATE OF TN,    v. RONNIE DALE PHILLIPS,  
 
Court:TCCA

For the Appellant:          For the Appellee:

Randall A. York             Charles W. Burson
     and                    Attorney General of TN
Proctor Upchurch            and
P.O. Box 3349               Clinton J. Morgan
Crossville, TN 38557        Asst Attorney General of TN
   
                            William E. Gibson
                            District Attorney General
                            and
                            Ben Fann
                            David Patterson 
                            Asst District Attorneys General

First Paragraph:

The defendant, Ronnie Dale Phillips, appeals from a jury
conviction in the Criminal Court of Cumberland County for
voluntary manslaughter, a Class C felony.  He received a
sentence of four years and eight months as a Range I,
standard offender to be served in the custody of the
Department of Correction and a fine of five thousand
dollars.  

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

STATE OF TN,    v. MARY FRANCES POWELL, 

Court:TCCA

For the Appellant:          For the Appellee:

Mack Garner                 Charles W. Burson
District Public Defender    Attorney General and Reporter
318 Court Street    
Maryville, TN  37804        John P. Cauley
                            Assistant Attorney General                          
                        
                            Michael L. Flynn
                            District Attorney General

                            Philip H. Morton
                            Asst. District Attorney General
                        
First Paragraph:

The appellant, Mary Frances Powell, appeals from the
imposition of consecutive sentences entered in the Circuit
Court of Blount County.  The appellant contends that the
trial court, in ordering that her sentences be served
consecutively, failed to apply appropriate sentencing
principles.

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

STATE OF TN,    v. RALPH AVERY SMITH,   

Court:TCCA

For the Appellant:          For the Appellee:
Ellery E. Hill, Jr.         Charles W. Burson
Attorney at Law             Attorney General and Reporter
531 South Gay St.           450 James Robertson Parkway
Suite 1515                  Nashville, TN  37243-0493
Knoxville, TN 37902
(on appeal)                 Christina S. Shevalier      
                            Assistant Attorney General
    
                            Jerry N. Estes
                            District Attorney General

                            Sandra Craig Donaghy
                            Asst. District Attorney General
                         
First Paragraph:

The appellant, Ralph Avery Smith, was convicted of the sale
of cocaine, a class B felony, and sentenced as a Range I
standard offender to eight years in the Department of
Correction.  On appeal, the appellant argues (a) that the
evidence was insufficient to support the jury's verdict, (b)
that a prospective juror was improperly removed by the
prosecution in violation of Batson v. Kentucky, 476 U.S. 79
(1986), (c) that the trial court erred in admitting certain
evidence, and (d) that he was denied the effective
assistance of counsel at trial.

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

STATE OF TN,    v. DENNIS W. SPECK,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Comer L. Donnell            Charles W. Burson
District Public Defender    Attorney General & Reporter 

Howard L. Chambers          Sarah M. Branch
Assistant Public Defender   Counsel for the State

                            Tom P. Thompson, Jr.
                            District Attorney General

                            Robert N. Hibbett
                            Asst. Dist. Attorney General
 
First Paragraph:

The appellant, Dennis Wayne Speck, pled guilty to aggravated
sexual battery and was sentenced to ten years confinement. 
He contends that his sentence is excessive.  We affirm.

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

STATE OF TN, v. DONNIE WEBB, 

Court:TCCA

For the Appellant:          For the Appellee:

Gordon Ball                 Charles W. Burson
Suite 750, Sovran Center    Attorney General of TN
550 Main Street             and
Knoxville, TN 37902         C. Anthony Daughtrey
                            Assistant Attorney General
 
                            Al Schmutzer, Jr.
                            District Attorney General
                            and
                            Edward Bailey
                            Assistant District AG
  
First Paragraph:

The defendant, Donnie Webb, appeals his convictions of two
counts of reckless endangerment, for which he received
concurrent sentences of two years in the state penitentiary
and fines totaling three thousand dollars.  All but ninety
days of the sentences were suspended.

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

STATE OF TN v. ROBERT WILLIAMS  

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

James G. Greenley           Charles W. Burson
Attorney at Law             Attorney General
(On appeal only)
P.O. Box 5255               Kimbra R. Spann
Sevierville, TN 37862       Assistant Attorney General
                            450 James Robertson Parkway
John W. McClarty            Nashville, TN 37403-0493
McClarty & Taylor               
Attorneys at Law            Gary D. Gerbitz
(At trial only)             District Attorney General
822 McCallie Avenue
Chattanooga, TN 37403       Rodney Strong
                            Asst. Dist. Attorney General
Karla G. Gothard            310 Courts Bldg.
Asst. Public Defender       600 Market Street
(At trial only)             Chattanooga, TN 37402
701 Cherry Street
Chattanooga, TN 37402
                       
First Paragraph:

The appellant was convicted of first degree murder and
attempted second-degree murder in violation of Tenn. Code
Ann.  39-13-202(a)(1) and  39-12-101(a).  Judgment was
entered and following a sentencing hearing, the appellant
was sentenced to death by electrocution for the first degree
murder and to thirty (30) years imprisonment for  the
attempt to commit second-degree murder, to be served
consecutively.  On appeal, the following issues are
presented for our review:

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

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