TBALink Opinion-Flash

May 28, 1996 -- Volume #2 -- Number #51

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.

This Issue IN THIS ORDER:
00-New Opinons From TSC
00-New Opinons From TSC-Rules
02-New Opinons From TSC-Workers Comp Panel
12-New Opinons From TCA
19-New Opinons From TCCA

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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

MARTHA G. MYERS, v. ALUMINUM COMPANY OF AMERICA 
            
Court: TSC (Workers Comp Panel)

For the Appellant:              For the Appellee:

William O. Shults               Donelson M. Leake
Frank Q. Vettori                Robert L. Bowman
P.O. Box 217                    Kramer, Rayson, Leake,
Knoxville, TN 37901-0217        Rodgers & Morgan
                                P.O. Box 629
                                Knoxville, TN  37901-0629

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.  50-6-225(e)(3)
for hearing and reporting to the Supreme Court of findings
of fact and conclusions of law. The plaintiff alleged that
on May 15, 1983, she injured most of her body as a result of
a job-related accident.  She returned to work in November
1990 and allegedly sustained two additional injuries which
aggravated her pre-existing condition resulting in total
disability for which she seeks benefits.  The defendant
generally denied that the injuries complained of were
serious and denied that the plaintiff suffered any degree of
disability.  The trial judge ruled that the plaintiff failed
to carry her burden of proof and dismissed her case.

Judge: William H. Inman, Senior Judge

URL:http://www.tba.org/tba_files/TSC_WCP/MYERSMG.OPN.WP6
Opinion-Flash

ROBERT F. SEYMORE v.SNAP-ON TOOLS CORPORATION,

Court: TSC (Workers Comp Panel)

For the Appellant:          For the Appellees:

Robert D. Van de Vuurst     Howell H. Sherrod, Jr.
Steven H. Trent             249 East Main St.
207 Mockingbird Ln.         Johnson City, TN  37604-5707
P.O. Box 3038
Johnson City, TN  37602
                    
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. 50-6-225(e)(3)
for hearing and reporting to the Supreme Court of findings
of fact and conclusions of law. Defendant, Snap-On Tools
Corporation, has appealed from the action of the trial court
in awarding plaintiff, Robert F. Seymore, 40% permanent
partial disability to each upper extremity.

Judge: Roger E. Thayer, Special Judge

URL:http://www.tba.org/tba_files/TSC_WCP/SEYMORER.OPN.WP6
Opinion-Flash

WILLIAM MICHAEL ANDERTON, v. EVELYN ADELE MORGAN ANDERTON,

Court:TCA

Jack Norman, Jr., of Nashville

Thomas F. Bloom of Nashville
For Appellant

Gregory C. Tibbetts of Nashville
For Appellee
                         
First Paragraph:

The parties to this appeal, William Michael Anderton
(Husband) and Evelyn Adele Morgan Anderton (Wife), were
divorced by decree entered July 24, 1995, as supplemented by
decree entered August 30, 1995.  Husband has appealed and
presents issues pertaining only to the trial courts award
of alimony and child support.

Judge: W. FRANK CRAWFORD, PRESIDING JUDGE, W.S.

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

CORA H. BAXTER, et al, 
v. 
CARL L. BEKOFSKE, Administrator, et al,

Court:TCA

Lucy D. Strickland of Murfreesboro
For Appellees

Thomas F. Bloom of Nashville
For Appellants
                        
First Paragraph:

Defendants, various cousins of L. R. Henry, deceased, appeal
from the judgment of the trial court declaring that
plaintiffs are L. R. Henrys nieces and nephews and are his
heirs at law.

Judge: W. FRANK CRAWFORD, PRESIDING JUDGE, W.S.

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

DONNIE LEE BROWN,   v. BETTY CHRISTINE BROWN,   

Court:TCA

EDDIE TAYLOR
204 Court Street
P. O. Box 179
Hartsville, Tennessee 37074
FOR PLAINTIFF/APPELLEE

W. H. (STEVE) STEPHENSON, II
346 Twenty-First Avenue North
Nashville, Tennessee 37203
FOR DEFENDANT/APPELLANT
                       
First Paragraph:

In this post-divorce decree proceeding, the wife, Betty
Christine Brown, has appealed from the judgment of the Trial
Court granting the application of the husband, Donnie Lee
Brown, for termination of periodic alimony.

Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION

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

ANTHONY EVANS,  v. TENNESSEE BOARD OF PAROLES, et al.,  

Court:TCA

ANTHONY EVANS, #132218
Turney Center - 3A/39
Route 1
Only, Tennessee 37140-9709
Pro Se/Petitioner/Appellant

CHARLES W. BURSON
Attorney General and Reporter

PATRICIA C. KUSSMANN
Assistant Attorney General
404 James Robertson Parkway
Suite 2000
Nashville, Tennessee 37243
Attorney for Respondents/Appellees
                       
First Paragraph:

The Chancery Court of Davidson County dismissed the
appellants petition for the common law writ of certiorari
in which he sought to review the Parole Boards decision to
deny him parole.

Judge: BEN H. CANTRELL, JUDGE

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

RICHARD PALLMER JAHN, JR.,v. SHERYL JUNE JAHN,

Court:TCA

WILLIAM C. KILLIAN, Jasper, for Appellant

J. W. DIETZEN of DIETZEN & ATCHLEY, Chattanooga, for
Appellee
                         
First Paragraph:

This is a divorce case.  The trial court awarded Richard
Pallmer Jahn, Jr. (Husband), a divorce; granted him custody
of the parties two minor children, Madison Anne Jahn (DOB: 
March 12, 1986) and Hayden Erich Jahn (DOB: July 22, 1987);
established the visitation rights of Sheryl June Jahn
(Wife); ordered Wife to pay Husband child support in the
amount of $1,892 per month; appointed the parties
co-trustees of the childrens pre-existing educational fund;
and divided the parties property.  Wife appeals, arguing
that the evidence preponderates against the trial courts
custody and visitation decrees and that the court erred in
failing to treat Husbands interest in the assets of his law
partnership as a marital asset.  

Judge: Susano, J.

URL:http://www.tba.org/tba_files/TCA/JAHN.OP.WP6
Opinion-Flash

JOYCE KING, v. WILLIAM RAY PENDLETON,

Court:TCA

CHARLES W. BURSON, Attorney General and Reporter,
and
JENNIFER HELTON SMALL, Deputy Attorney General, Nashville,
for the State of Tennessee.

J. ARNOLD FITZGERALD, Dayton, for Defendant-Appellant.
                      
First Paragraph:

In 1992 defendant was ordered to pay periodic child support
to the Clerk of the Court.  In 1995 the District Attorney
filed a petition for contempt, alleging that the defendant
had wilfully failed and refused to comply with the orders
of the court, and alleged that the child support was in
arrears.  The defendant answered the petition denying that
he had wilfully refused and neglected to provide the child
support, and further neither admits nor denies the
allegation with regard to what payments have been made or
what should have been made.

Judge: Franks. J.

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

AUSTIN P. NEAL, v. MICHAEL E. ALLEN and HAROLD ALLEN,                   

Court:TCA

ALLEN BARNES
211 Printers Alley Building
Suite 400
Nashville, Tennessee 37201-1414
FOR APPELLANT/PRO SE

William R. Wright
Leah May Dennen
Office of the Law Director
Sumner County Administration Bldg.
355 N. Belvedere Dr., Room 208
Gallatin, Tennessee 37066
ATTORNEYS FOR APPELLEE
SUMNER COUNTY CIRCUIT COURT CLERK
                        
First Paragraph:

The captioned parties are not participating in this appeal. 
The appellant is the attorney for the plaintiff, who
appealed from a judgment against him as surety for the costs
of the captioned cause in Trial Court.  The appellee is the
Trial Clerk.

Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION

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

SUSAN ANITA RAY, v.WILLIAM FRANKLIN RAY,

Court:TCA

SHERRY B. PATY, Chattanooga, for Plaintiff-Appellee.

JAMES W. McKENZIE, Dayton, for Defendant-Appellant.
                         
First Paragraph:

In this action the Trial Judge determined the parties had
entered into a common-law marriage, and divided the marital
assets and debts of the parties. William Ray has appealed,
insisting the actions of the Trial Court were in error.

Judge: Franks. J.

URL:http://www.tba.org/tba_files/TCA/RAYSUSAN.OP.WP6
Opinion-Flash

WILLIAM ROBINSON, a/k/a BILLY C. ROBINSON,
v. 
JAMES R. OMER, SR.,

Court:TCA

Winston S. Evans, Evans, Jones & Reynolds of Nashville
For Appellee

Robert L. Callis of Mt. Juliet
For Appellant                     

First Paragraph:

This case involves allegations of negligent
misrepresentation, outrageous conduct, and invasion of
privacy.  Plaintiff William Robinson appeals from the trial
courts order granting summary judgment to defendant James
Omer as to all three claims.

Judge: W. FRANK CRAWFORD, PRESIDING JUDGE, W.S.

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

BEVERLY SUE SHELL, v. WILLIAM A. LAW,  

Court:TCA

R. WAYNE CULBERTSON, and TIMOTHY R. WILKERSON, Kingsport,
for Appellant.

JOHN S. TAYLOR, Johnson City, for Appellee.
                         
First Paragraph:

This is a rather bizarre case.  The plaintiff brought this
action for the purpose of establishing the paternity of her
child, Adam C. Edmondson.  After a jury trial, a jury
verdict was rendered finding the defendant, Mr. Law, to be
the father of Adam.  Judgment was entered on the jury
verdict and this appeal resulted.  We affirm the judgment of
the trial court.

Judge: McMurray, J.

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

GARY WAYNE SHOEMAKER,v. DEBBIE LYNN SHOEMAKER,  

Court:TCA

JACK H. BURKHARD, Greeneville, for Appellant

ROGER A. WOOLSEY, Greeneville, for Appellee
                      
First Paragraph:

In this post-divorce case, the trial court changed the
custody of the parties minor children, James Wayne
Shoemaker (DOB: February 26, 1987) and Cody Ernest Ray
Shoemaker (DOB: January 5, 1990), from the childrens mother
to their father.  Mother appeals, arguing, in effect, that
the evidence preponderates against the lower courts
judgment.

Judge: Susano, J.

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

SHERRY RENEE VAUGHN, v. ANN MARIE VAUGHN,

Court:TCA

JANICE H. SNIDER, Morristown, for appellant.

CLINTON R. ANDERSON, Morristown, for appellee.
                    
First Paragraph:

This is a child custody case.  The natural mother and the
step-mother of the child in question are the contending
parties.  The child's father is deceased.  After a bench
trial, the court decreed temporary custody to the
step-mother and ordered each party to submit to counseling
through Cherokee Health Systems.  He further directed that
the child receive counseling.

Judge: McMurray, J.

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

STATE OF TENNESSEE, v. TOMMY ARWOOD, JR.,   

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:


JOHN DICKEY                 CHARLES W. BURSON
Public Defender             Attorney General & Reporter

CURTIS H. GANN              MARY ANNE QUEEN
Asst. Public Defender       Legal Assistant
P.O. Box 1119                   
Fayetteville, TN   37334    ELLEN H. POLLACK
       (On Appeal)          Asst. Attorney General
                            450 James Robertson Pkwy.   
ROBERT MARLOW               Nashville, TN  37243-0493
    -and-
MATT Q. BASTIAN             MIKE MCCOWN
Asst. Public Defenders      District Attorney General
P.O. Box 1119
Fayetteville, TN   37334    GARY M. JONES
       (At Trial)               -and-
                            ROBERT C. CRIGLER
                            Asst. District Attorneys General
                            Bedford County Courthouse
                            Shelbyville, TN   37160
                      
First Paragraph:

The defendant was indicted for resisting arrest, assault,
and theft of property under five hundred ($500) dollars. 
The defendant was found guilty by a jury of all three
offenses.  After a sentencing hearing, the trial court
sentenced the defendant to six months on the resisting
arrest charge and eleven months, twenty nine days on each of
the other two charges, with release eligibility set at
seventy-five percent.  The sentences were ordered to run
consecutively.

Judge: JOHN H. PEAY, Judge

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

FRANKLIN WAYNE BARNETT  v. STATE OF TENNESSEE,

Court:TCCA

FOR THE APPELLANT:      FOR THE APPELLEE:

Richard F. Vaughn       Charles W. Burson
1928 - 100 N. Main      Attorney General and Reporter
Memphis, TN  38103
                        Robin L. Harris
                        Assistant Attorney General
                        450 James Robertson Parkway

                        John W. Pierotti
                        District Attorney General

                        Jerry Kitchen
                        Assistant District Attorney
                        201 Poplar Avenue - 3rd Floor
                        Memphis, TN  38103                      

First Paragraph:

In December of 1990, a jury convicted Appellant Franklin
Wayne Barnett of armed robbery, resulting in a sentence of 
ten years imprisonment. Contemporaneously, Appellant pleaded
guilty on a separate indictment for the possession of a
controlled substance and received a three year sentence to
be served concurrently to the robbery sentence.   After his
conviction was affirmed on direct appeal, State v. Barnett,
No. 02C01-9103-CR-00035, 1992 WL 44921 (Tenn. Crim. App.
March 11, 1992), perm. to appeal denied, (Tenn. 1992), 
Appellant petitioned for post-conviction relief in the
Shelby County Criminal Court, alleging that he failed to
receive effective assistance of counsel in violation of the
Sixth Amendment to the United States Constitution.

Judge: JERRY L. SMITH, JUDGE

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

STATE OF TENNESSEE, 
v.
KENNETH PATTERSON (PAT) BONDURANT & HUGH PETER (PETE)
BONDURANT,
and CONCURRING OPINION

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Pat Bondurant:              Charles W. Burson
                            Attorney General & Reporter 
Bobby W. Sands
Rick C. Osborn              Eugene J. Honea
Sands & Sands               Assistant Attorney General
102 West Seventh St         Criminal Justice Division
P.O. Box 1660               450 James Robertson Parkway
Columbia, TN 38402          Nashville, TN 37243-0493

Robert L. Holloway          T. Michael Bottoms
Fleming,Holloway,Flynn      District Attorney General
207 West Eighth Street
P.O. Box 90                 Robert C. Sanders
Columbia, TN 38402          Richard Dunavant
                            Kymberly Lynn Anne Hattaway
Pete Bondurant:             Asst. Dist. Attorneys General
                            250 N. Military Avenue
OF COUNSEL:                 Lawrenceburg, TN 38464
Shara A. Flacy  
District Public Defender    
209 West Madison Street
P.O. Box 1208
Pulaski, TN 38478

Robert D. Massey
Attorney at Law
P.O. Box 409
Pulaski, TN 38478

At Trial Only:
J. Russell Parkes
102 West Seventh Street
P.O. Box 692
Columbia, TN 38401-0692
                         
First Paragraph:

A jury found the appellants, Pat and Pete Bondurant, guilty
of second degree murder.  They were sentenced to twenty-five
years incarceration.  On appeal, both appellants
collectively aver:  (1)  that the trial court erred in
refusing to grant a severance, (2)  that evidence was either
insufficient or insufficiently corroborated, and (3)  that
the trial court erred procedurally and substantively in its
giving of a supplemental jury instruction.  Individually,
Pat Bondurant argues:  (1)  that prejudicial prosecutorial
misconduct occurred, and (2)  that the jury verdict was
contrary to law.  Additionally, Pete Bondurant individually
assigns error in allowing:  (1)  testimony concerning the
burning of the deceased, (2)  testimony of alleged sexual
activities, (3)  evidence that the appellants were a source
of drugs, and (4)  evidence implying that the appellant Pete
Bondurant had a prior criminal record.  We affirm.

Judge: PAUL G. SUMMERS, Judge

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

STATE OF TENNESSEE, 
v. 
ELTON DONALD BOWERS, a/k/a RESHID QAWWI,    

Court:TCCA

For Appellant:          For Appellee:

Stephen P. Spracher     Charles W. Burson
Asst. Public Defender   Attorney General & Reporter
227 West Baltimore
Jackson, TN  38301      Michelle L. Lehman
                        Counsel for the State
                        Criminal Justice Division
                        450 James Robertson Parkway
                        Nashville, TN  37243-0493

                        Don Allen
                        Asst. District Attorney General
                        P.O. Box 2825
                        Jackson, TN                    

First Paragraph:

The defendant, Elton Donald Bowers, was convicted of
aggravated robbery and possession of a deadly weapon.  The
trial court imposed concurrent, Range III sentences of
thirty and six years respectively.  Thereafter, the
defendant filed a motion for a new trial which, among other
things, sought a dismissal of the possession of a weapon
conviction.  The Minute Order on the motion for a new trial
indicates that the trial court dismissed the possession
conviction.  In this appeal of right, the defendant claims
that the evidence is insufficient to support the aggravated
robbery conviction and argues that the sentence is
excessive.

Judge: GARY R. WADE, JUDGE

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

STATE OF TENNESSEE, 
v.
JAMES MONTGOMERY and TONY CARRUTHERS,               
v.  
MEMPHIS PUBLISHING COMPANY, 

Court:TCCA

FOR THE APPELLANTS:             FOR THE APPELLEE:

S. Russell Headrick             Charles W. Burson
Attorney at Law                 Attorney General & Reporter
80 Monroe Avenue, Suite 700     450 James Robertson Parkway
Memphis, TN 38103               Nashville, TN 37243-0497

Paul E. Prather                 Amy L. Tarkington
Attorney at Law                 Assistant Attorney General
80 Monroe Avenue, Suite 700     450 James Robertson Parkway
Memphis, TN 38103               Nashville, TN 37243-0493

OF COUNSEL:                     John W. Pierotti
                                District Attorney General
Armstrong, Allen, Prewitt,      201 Poplar Avenue, 3 Floor
Gentry, Johnson & Holmes        Memphis, TN 38103

                                Phillip Gerald Harris
                                Asst District AG
                                201 Poplar Avenue, 3 Floor
                                Memphis, TN 38103

                                J. Robert Carter
                                Asst District AG
                                201 Poplar Avenue, 3 Floor
                                Memphis, TN 38103
                       
First Paragraph:

This Court granted  Memphis Publishing Companys application
for an extraordinary appeal to determine whether a trial
court can bar the media from publishing the name of a
prosecution witness when the witness appears in open court
during a public trial and uses his true or given name while
testifying.  In this case, the prior restraint placed upon
the name of Andre Johnson violated the rights guaranteed to
Memphis Publishing Company by the First Amendment to the
United States Constitution and Article I,  19 of the
Tennessee Constitution.  Therefore, this cause is reversed
and remanded for further proceedings consistent with this
opinion.

Judge: Joe B. Jones, Presiding Judge

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

STATE OF TENNESSEE, v. SAMUEL MYRON CARTER, JR., 

Court:TCCA

For Appellant:          For Appellee:
Theresa W. Doyle        Charles W. Burson
Attorney                Attorney General & Reporter
211 Printer's Alley
Bldg. Suite 400         Clinton J. Morgan   
Nashville, TN  37201    Counsel for the State   
                        Criminal Justice Division
                        450 James Robertson Parkway
                        Nashville, TN  37243-0493

                        M. Don Himmelberg
                        Asst. District Attorney General
                        Washington Square, Suite 500
                        222 Second Avenue, North
                        Nashville, TN  37201-1469
                     

First Paragraph: 

The defendant, Samuel Myron Carter, Jr., was convicted of
two counts of selling .5 grams or more of cocaine.  The
trial court imposed consecutive, sixteen-year sentences on
each count for an effective sentence of 32 years as a Range
II, multiple offender.  The sentences were also ordered to
be served consecutively to an unrelated conviction for which
the defendant had already been incarcerated.

Judge: GARY R. WADE, JUDGE

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

SAMUEL D. CURRY, v. STATE OF TENNESSEE, 

Court:TCCA

For Appellant:          For Appellee:
A.C. Wharton, Jr.       Charles W. Burson
Shelby County PD        Attorney General & Reporter
201 Poplar Avenue,      450 James Robertson Parkway
Memphis, TN  38103      Nashville, TN  37243-0493
            
Walker Gwinn            Clinton J. Morgan
Assistant PD            Counsel for the State
201 Poplar Ave.         Criminal Justice Division 
Memphis, TN  38103      450 James Robertson Parkway
(on appeal)             Nashville, TN  37243-0493

Diane Thackery          Reginald R. Henderson
Assistant PD            Assistant District Attorney General
201 Poplar Ave.         201 Poplar Avenue
Memphis, TN  38103      Third Floor
(evidentiary hearing)   Memphis, TN  38103                       

First Paragraph:

The petitioner, Samuel D. Curry, appeals the trial courts
denial of post-conviction relief.  Two issues are presented
for review: (1) whether the petitioner received the
ineffective assistance of counsel; and (2) whether the
petitioner entered his guilty pleas knowingly and
voluntarily. We find no error and affirm the judgment of
the trial court.  

Judge: GARY R. WADE, JUDGE

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

STATE OF TENNESSEE, v. DERRICK K. GARRIN,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

J. C. McLin                 Charles W. Burson
Attorney at Law             Attorney General & Reporter
301 Washington Avenue,      450 James Robertson Parkway
Memphis, TN 38103           Nashville, TN 37243-0493

James F. Turner             Eugene J. Honea
Attorney at Law             Assistant Attorney General
301 Washington Avenue,      450 James Robertson Parkway
Memphis, TN 38103           Nashville, TN 37243-0493

                            John W. Pierotti
                            District Attorney General
                            201 Poplar Avenue, Third Floor
                            Memphis, TN 38103

                            Thomas D. Henderson
                            Asst District Attorney General
                            201 Poplar Avenue, Third Floor
                            Memphis, TN 38103

                            Edgar A. Peterson, IV
                            Asst District Attorney General
                            201 Poplar Avenue, Third Floor
                            Memphis, TN 38103
                         
First Paragraph:

The appellant, Derrick K. Garrin, was convicted of two (2)
counts of murder in the perpetration of a felony, i.e.,
robbery, and two (2) counts of attempt to commit murder in
the second degree, a Class B felony, by a jury of his peers.
 The jury sentenced the appellant to life in the Department
of Correction for both counts of felony murder.  The trial
court, finding that the appellant was a standard offender,
imposed Range I sentences of nine (9) years confinement in
the Department of Correction for one count of attempt to
commit murder in the second degree and twelve (12) years
confinement in the Department of Correction in the other
count of attempt to commit murder in the second degree.  The
trial court ordered that the two life sentences are to be
served concurrently.  However, the sentences for attempt to
commit murder in the second degree are to be served
consecutively as well as consecutively to the two life
sentences.  The effective sentence imposed was life
imprisonment plus twenty (21) years confinement in the
Department of Correction.

Judge: Joe B. Jones, Judge

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

NATHANIEL B. HENDERSON, v. STATE OF TENNESSEE,

Court:TCCA

For Appellant:          For Appellee:
Paula Skahan            Charles W. Burson
Attorney at Law         Attorney General & Reporter
140 North Third St      450 James Robertson Parkway
Memphis, TN  38103      Nashville, TN  37243-0493
            
                        Christina S. Shevalier
                        Assistant Attorney General
                        Criminal Justice Division
                        450 James Robertson Parkway
                        Nashville, TN  37243-0493

                        Reginald R. Henderson
                        Asst. District Attorney General
                        201 Poplar Avenue
                        Third Floor
                        Memphis, TN  38103
                     
First Paragraph:

The petitioner, Nathaniel B. Henderson, appeals the trial
court's denial of post-conviction relief.  Two issues are
presented for review:  whether the petitioner received the
effective assistance of counsel and whether ineffective
assistance of counsel, combined with other factors, rendered
his guilty plea unknowing and involuntary.

Judge: GARY R. WADE, JUDGE

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

STATE OF TENNESSEE,v. JAMES THOMAS JEFFERSON,   

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:   

Jeffrey A. DeVasher         Charles W. Burson
Senior Assistant PD         Attorney General/Reporter
211 Union Street            450 James Robertson Parkway
Nashville, TN 37201-5066    Nashville, TN 37243-0493
(Appeal Only)
                            Christina S. Shevalier
Peter D. Heil               Assistant Attorney General
Assistant PD                450 James Robertson Parkway
211 Union Street,           Nashville, TN 37243-0493
Nashville, TN 37201-5066                    
(Appeal Only)               Victor S. Johnson, III
                            District Attorney General
Karl F. Dean                Washington Square, Suite 500
Metropolitan PD             222 Second Avenue, North
211 Union Street            Nashville, TN 37201-1649
Nashville, TN 37201-5066
(Trial Only)                Roger D. Moore
                            Assistant District AG
David M. Siegel             Washington Square, Suite 500
Assistant PD                222 Second Avenue, North
211 Union Street            Nashville, TN 37201-1649
Nashville, TN 37201-5066
(Trial Only)                Cheryl A. Blackburn
                            Assistant District AG
                            Washington Square, Suite 500
                            222 Second Avenue, North
                            Nashville, TN 37201
                         
First Paragraph:

The appellant, James Thomas Jefferson, was convicted of
murder in the first degree and sentenced to life in the
Department of Correction.  Both the State of Tennessee and
the appellant filed notices of appeal, and they both have
presented issues for this Court to review.

Judge: Joe B. Jones, Judge

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

STATE OF TENNESSEE, v. RICKEY DALE LAWSON,

Court:TCCA

For the Appellant:          For the Appellee:

Dicken E. Kidwell           Charles W. Burson
Attorney at Law             Attorney General and Reporter
300 East Vine Street    
Murfreesboro, TN  37130     Ellen H. Pollack
                            Assistant Attorney General                          
                            Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493                
                    
                            William C. Whitesell, Jr.
                            District Attorney General
                            Third Floor, Judicial Building
                            Murfreesboro, TN 37130
                         
First Paragraph:

The appellant, Rickey Dale Lawson, appeals from a judgment
of conviction entered by the Circuit Court of Rutherford
County.  The appellant pled guilty to DUI, third offense,
reserving the right to appeal as a certified question of law
the trial courts denial of his motion to suppress.  See
Tenn. R. Crim. P. 37(b)(2).  The appellant contends that the
police lacked reasonable suspicion, required under the
Fourth Amendment of the United States Constitution and
Article I, Section 7 of the Tennessee Constitution, to
conduct an investigatory stop of his vehicle.

Judge: David G. Hayes Judge

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

STATE OF TENNESSEE, v. TERRENCE LIDDLE, 

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:


TERRENCE S. LIDDLE, #243813,    CHARLES W. BURSON
Pro se                          Attorney General & Reporter
R.M.S.I., U-6-A-108             
7475 Cockrill Bend Ind. Rd.     MICHELLE L. LEHMANN
Nashville, TN 37209-1010        Attorney for the State                                      
                                450 James Robertson Pkwy.                               
                                Nashville, TN  37243-0493
                
                                TOM P. THOMPSON
                                District Attorney General
                                111 Cherry St.
                                Lebanon, TN 37087
                       
First Paragraph:

The petitioner was indicted, in a single indictment, for six
separate counts of aggravated sexual battery.  He entered a
guilty plea to count one, and as part of the plea agreement
the remaining counts were nollied.  The petitioner filed a
petition requesting expungement of the public records in
connection with the dismissed counts.  This petition was
denied by the trial court without a hearing.

Judge: JOHN H. PEAY, Judge

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

STATE OF TENNESSEE, v. HENRY LEE MARTIN, 

Court:TCCA

For the Appellant:              For the Appellee:

Jeffrey A. DeVasher         Charles W. Burson
Sr Asst Public Defender     Attorney General of Tennessee
1202 Stahlman Bldg.         and
Nashville, TN 37201         Charlotte H. Rappuhn
   (ON APPEAL)              Asst Attorney General of TN
                            450 James Robertson Parkway
Kathryn E. Barnett          Nashville, TN 37243-0493
Assistant Public Defender
   and                      Victor S. Johnson, III 
Ross Alderman               District Attorney General   
Deputy Public Defender              and
1202 Stahlman Bldg.         Ron Miller
Nashville, TN 37201         Asst District Attorney General
   (AT TRIAL)               222 2nd Avenue North   
                            Nashville, TN 37201-1649
                            Asst District Attorney General            
                            102 Metro Courthouse                                
                            Nashville, TN 37201
                         
First Paragraph:

The defendant, Henry Lee Martin, appeals as of right from
his conviction by a jury in the Davidson County Criminal
Court for especially aggravated robbery, a Class A felony. 
He was sentenced as a Range I, standard offender to
twenty-two years in the custody of the Tennessee Department
of Correction and fined five thousand dollars.  The
defendant contends that: 
(1) the trial court erred by denying his motion to suppress
the identification testimony of the eyewitnesses due to
unnecessarily suggestive pretrial identification procedures;
(2) the evidence is insufficient to support his  especially
aggravated robbery conviction;
(3) the trial court erred by allowing the state to present
testimony in rebuttal concerning a defense witness' prior
inconsistent statements  because  the defense witness was
not afforded an opportunity to explain or deny the alleged
statements;
(4) the trial court imposed an excessive sentence.
We hold that the evidence is sufficient and that reversible
error does not exist.

Judge: Joseph M. Tipton Judge

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

STATE OF TENNESSEE, v. CARL SHANE MATTOX,

Court:TCCA

For Appellant:              For Appellee:
Gerald L. Melton            Charles W. Burson
District Public Defender    Attorney General & Reporter

Jeannie Kaess               Charlotte H. Rappuhn        
Asst. Public Defender       Assistant Attorney General
201 West Main Street        Criminal Justice Division
Court Square Bldg.          450 James Robertson Parkway
Murfreesboro, TN  37130     Nashville, TN  37243-0493

                            Guy R. Dotson
                            District Attorney General
                            and
                            William C. Whitesell, Jr.
                            Asst. Dist. Attorney General
                            3rd Floor, Judicial Bldg.
                            Murfreesboro, TN  37130
                         
First Paragraph:

The defendant, Carl Shane Mattox, appeals from his
conviction of especially aggravated robbery.  The trial
court imposed a Range I sentence of twenty-five years.  The
only issue presented for our review is whether the evidence
was sufficient to support his conviction.

Judge: GARY R. WADE, JUDGE

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

STATE OF TENNESSEE,v. GREGORY LYNN MCFADDEN,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

George Morton Googe         Charles W. Burson
District Public Defender    Attorney General & Reporter 
227 W. Baltimore Street
Jackson, TN   38301         Michelle L. Lehmann
      (On Appeal)           Assistant Attorney General
                            Criminal Justice Division
J. Colin Morris             450 James Robertson Parkway
200 West Baltimore          Nashville, TN 37243-0493
Jackson, TN   38301
      (At Trial)            Jerry Woodall
                            District Attorney General

                            Nick Nicola  
                            Asst. Dist. Attorney General
                            Lowell Thomas State Office Bldg.
                            Jackson, TN   38301

First Paragraph:

The appellant, Gregory Lynn McFadden, was convicted by a
jury of two counts of felonious possession of cocaine and
one count each of possession of marijuana and drug
paraphernalia.  In this appeal, he raises two issues for
review:  (1) whether the evidence is sufficient to support
the verdict, and (2) whether the trial court should have
granted a mistrial due to the states alleged failure to
furnish exculpatory evidence to the defense.  We affirm the
convictions.

Judge: PAUL G. SUMMERS, Judge

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

GEORGE GARY PICKLE, v. STATE OF TENNESSEE,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Linda Holmes                Charles W. Burson
100 North Main, Suite 2003  Attorney General & Reporter 
Memphis, TN   38103
                            Hunt S. Brown   
                            Assistant Attorney General
                            Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            John W. Pierotti
                            District Attorney General

                            Johnny McFarland
                            Asst. Dist. Attorney General
                            201 Poplar Avenue, Third Floor
                            Memphis, TN   38103

First Paragraph:

The petitioner, George Gary Pickle, was convicted following
a jury trial of robbery with a deadly weapon and two counts
of grand larceny.  He filed a pro se petition for
post-conviction relief which, following the appointment of
counsel and a hearing, was denied.  In this appeal, the
petitioner raises three issues for review.  First, he claims
that he was denied the effective assistance of counsel. 
Secondly, the appellant argues that the actions of the trial
judge violated his rights of due process and to a fair
trial.  Finally, he asserts that the post conviction court
failed to follow the mandates of Tenn. Code Ann.  40-30
118(b).   We affirm the dismissal of the petition.

Judge: PAUL G. SUMMERS, Judge

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

STATE OF TENNESSEE, v. CHARLES A. PINKHAM, JR.,

Court:TCCA

For the Appellant:          For the Appellee:

Larry Rice                  Charles W. Burson   
44 North Second Street      Attorney General and Reporter
Tenth Floor     
Memphis, TN  38103          John Patrick Cauley
                            Assistant Attorney General                          
                            Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493                
                        
                            John W. Pierotti
                            District Attorney General

                            Judson Phillips and Lee Coffee
                            Asst. District Attorneys General
                            Criminal Justice Complex, 3rd Fl
                            201 Poplar 
                            Memphis, TN 38103
                         
First Paragraph:

The appellant, Charles A. Pinkham, Jr., pursuant to Rule 10,
Tenn. R. App. P., appeals from the decision of the trial
court affirming the district attorney general's denial of
his application for pretrial diversion.  The appellant seeks
to divert the offenses of falsely representing himself as a
lawyer, Tenn. Code Ann. 23-3-108 (1994), a class E felony;
impersonating a licensed professional, Tenn. Code Ann. 
39-16-302 (1991), a class E felony; and aggravated perjury,
Tenn. Code Ann.  39-16-703 (1991), a class D felony.  In
this interlocutory appeal, the appellant presents two
issues.  First, the appellant challenges the trial court's
finding that the district attorney general did not abuse his
discretion in denying diversion.  Next, the appellant
contends that the trial court erred by refusing to exclude
certain evidence from consideration for the purposes of
pretrial diversion and writ of certiorari hearing.

Judge: David G. Hayes Judge

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

STATE OF TENNESSEE,v. GREGORY TURNER,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Tom W. Crider                   Charles W. Burson
District Public Defender        Attorney General & Reporter 

Periann S. Houghton             Clinton J. Morgan
Assistant Public Defender       Counsel for the State
107 S. Court Square Criminal    Justice Division
Trenton, TN 38382   450 James   Robertson Parkway
Nashville, TN 37243-0493

Clayburn L. Peeples
District Attorney General
    
Garry Brown
Asst. Dist. Attorney General
109 East First Street
Trenton, TN 38382
                       
First Paragraph:

A jury found the appellant, Gregory Turner, guilty of rape. 
He was sentenced to ten years confinement.  On appeal, he
argues:  (1)  that the evidence was insufficient to sustain
his conviction, (2)  that there was no medical proof of
penetration, and (3)  the jury's finding was contrary to
scientific evidence.  We affirm the trial court's judgment.

Judge: PAUL G. SUMMERS, Judge

URL:http://www.tba.org/tba_files/TCCA/TURNERGR.OPN.WP6

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