TBALink Opinion-Flash

April 10, 1997 -- Volume #3 -- Number #042

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 Opinions From TSC
00-New Opinions From TSC-Rules
00-New Opinions From TSC-Workers Comp Panel
01-New Opinions From TCA
10-New Opinions From TCCA

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George Dean
TBALink Chief Editor


PAULA RUTH SHEFFIELD HARTMAN    
vs.
MELVIN THOMAS HARTMAN, JR

Court:TCA

Attorneys:   

BARRY L. GOLD OF CHATTANOOGA FOR APPELLANT
CHARLES D. PATY OF CHATTANOOGA FOR APPELLEE
                       
Judge: Goddard

First Paragraph:

Melvin Thomas Hartman, Jr., appeals a divorce judgment rendered by the
Circuit Court for Hamilton County.  On appeal he insists that the
Trial Court erred in its award of certain jewelry to his wife, Paula
Ruth Sheffield Hartman, as separate property which was in fact marital
property.  Mr. Hartman also insists that the Trial Court made an
inequitable division of the marital estate since the Trial Court
refused to consider the tax consequences of awarding Mr. Hartman
certain retirement funds in exchange for Ms. Hartman receiving the
equity in their home and other real property. VACATED IN PART and
REMANDED.

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

JEROME SYDNEY BARRETT
vs.
BILLY COMPTON, WARDEN

Court:TCCA

Judge: JONES

First Paragraph:

This matter is before the Court upon the state's motion to affirm the
judgment of the trial court under Rule 20, Rules of the Court of
Criminal Appeals.  The case before this Court represents an appeal
from the trial court's denial of the petitioner's petition for writ of
habeas corpus.  The record was filed on December 17, 1996, and the
petitioner's brief was filed on January 30, 1997.  Though the record
does not contain the indictment at issue, thereby precluding the Court
from conducting an adequate review, the petitioner asserts in his
brief that he was originally indicted for assault with intent to
commit rape in September 1973, and was convicted of the same in
September 1974.  In the present appeal, the petitioner, relying in
part upon State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn.
Crim. App. June 20, 1996), contends the judgment entered against him
is void because the indictment failed to allege the mens rea of the
offense charged.

URL:http://www.tba.org/tba_files/TCCA/BARRETT1_ORD.WP6
Opinion-Flash

RALPH DEWAYNE BROCK
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For Appellant:                      For Appellee:
Ralph Dewayne Brock                 Charles W. Burson
CCA South Central Correctional Ct.  Attorney General & Reporter
P.O. Box 279 
Clifton, TN  38425-0279             Eugene J. Honea 
(Pro Se)                            Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493           
                                    Barry Staubus 
                                    Asst. District Attorney General
                                    Blountville, TN  37617

Judge: WADE

First Paragraph:

The petitioner, Ralph Dewayne Brock, appeals the trial court's denial
of his petition for post-conviction relief.  The issue presented for
review is whether the trial court correctly dismissed the petition
without an evidentiary hearing on the basis that the claims had either
been previously determined or were barred by the statute of
limitations. We reverse the judgment of the trial court. REVERSED AND
REMANDED.

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

JOHNNY W. BROWN
vs.
STATE OF TENNESSEE

Court:TCCA

Judge: JONES

First Paragraph:

This matter is before the Court upon the state's motion to affirm the
judgment of the trial court under Rule 20, Rules of the Court of
Criminal Appeals.  The case before this Court represents an appeal
from the trial court's denial of the petitioner's petition for writ of
habeas corpus.  The record was filed on December 17, 1996, and the
petitioner was allowed to late-file his brief on February 5, 1997. 
The petitioner was originally indicted on one count of aggravated rape
in February 1985, and was apparently convicted of the same in December
1985.  In the present appeal, the petitioner, relying in part upon
State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn. Crim. App.
June 20, 1996), contends the judgment entered against him is void
because the indictment failed to allege the mens rea of the offense
charged.

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

TOMMY BRUMMITT, a/k/a,  
RONNIE ALBERT BRUMMITT
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT                   FOR THE APPELLEE

DOUGLAS A. TRANT                    CHARLES W. BURSON
900 S. Gay Street                   Attorney General and Reporter
Suite 1502      
Knoxville, TN  37902                EUGENE H. HONEA
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243

                                    RANDALL E. NICHOLS
                                    District Attorney General
                                    City-County Building
                                    Knoxville, TN  37902                          

Judge: SMITH

First Paragraph:

This is an appeal from the judgment of the trial court finding that
the post-conviction petition of Appellant Tommy Brummitt, a/k/a Ronnie
Albert Brummitt, is barred by the statute of limitations found at
Tenn. Code Ann. Sec. 40-30-202(a) (Supp. 1996).  After a review of the
record and the applicable authorities regarding the issue raised by
Appellant we have concluded the judgment of the lower court must be
affirmed. AFFIRMED.

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

WAYNE DAVIDSON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

GREG LEFFEW                         CHARLES W. BURSON
109 N. Front Street                 Attorney General and Reporter
P. O. Box 63
Rockwood, TN  37854-0063            EUGENE J. HONEA
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243

                                    CHARLES E. HAWK
                                    District Attorney General
                
                                    D. ROGER DELP
                                    Assistant District Attorney
                                    P. O. Box 703
                                    Kingston, TN  37763                         

Judge: SMITH

First Paragraph:

Appellant Wayne Davidson appeals the dismissal of his petition for
habeas corpus relief.  He presents the following issue for review:
whether the trial court erred in dismissing his petition on procedural
grounds. After a review of the record, we affirm the judgment of the
trial court. AFFIRMED.

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

STATE OF TENNESSEE
vs.
TIMOTHY D.  LUNDEEN

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

NATALEE STAATS HURLEY               CHARLES W. BURSON
Asst. Dist. Public Defender         Attorney General & Reporter
419 High Street
Maryville, TN 37804                 MICHAEL J. FAHEY, II    
                                    Assistant Attorney General
                                    Criminal Justice Division                           
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493    

                                    EDWARD P. BAILEY, JR.
                                    Asst. Dist. Attorney General
                                    Blount County Courthouse                        
                                    Maryville, TN 37801
                         

Judge: WITT

First Paragraph:

The defendant, Timothy Lundeen, was convicted in a jury trial in the
Blount County Criminal Court of attempt to commit aggravated sexual
battery, a Class C felony.  As a Range I, standard offender, he
received a four year sentence in the Department of Correction.  In
this direct appeal, the defendant challenges the sufficiency of the
evidence and the propriety of the trial court's denial of alternative
sentencing. We affirm the judgment of the trial court. AFFIRMED.

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

ROBERT E. NOWELL
vs.
BILLY COMPTON, WARDEN

Court:TCCA

Judge: JONES

First Paragraph:

This matter is before the Court upon the state's motion to affirm the
judgment of the trial court under Rule 20, Rules of the Court of
Criminal Appeals.  The case before this Court represents an appeal
from the trial court's denial of the petitioner's petition for writ of
habeas corpus.  The record was filed on December 17, 1996, and the
petitioner's brief was filed on February 3, 1997.  The petitioner was
originally indicted on one count of aggravated rape and two counts of
aggravated sexual battery in May 1989, and pled guilty to the same in
March 1990.  In the present appeal, the petitioner, relying in part
upon State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn. Crim.
App. June 20, 1996), contends the judgment entered against him is void
because the indictments failed to allege the mens rea of the offense
charged.

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

ROBERT PARISH
vs.
STATE OF TENNESSEE

Court:TCCA

Judge: JONES

First Paragraph:

This matter is before the Court upon the state's motion to affirm the
judgment of the trial court under Rule 20, Rules of the Court of
Criminal Appeals.  The case before this Court represents an appeal
from the trial court's denial of the petitioner's petition for writ of
habeas corpus.  The record was filed on December 12, 1996, and the
petitioner's brief was filed on February 3, 1997.  The petitioner was
originally indicted on one count aggravated sexual battery in November
1994, and one count of statutory rape in July 1995.  The petitioner
pled guilty to the same in January 1996.  In the present appeal, the
petitioner, relying in part upon State v. Roger Dale Hill, No.
01C01-9508-CC-00267 (Tenn. Crim. App. June 20, 1996), contends the
judgment entered against him is void because the indictments failed to
allege the mens rea of the offense charged.

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

RONALD PARKER
vs. 
STATE OF TENNESSEE

Court:TCCA

Judge: JONES

First Paragraph:

This matter is before the Court upon the state's motion to affirm the
judgment of the trial court under Rule 20, Rules of the Court of
Criminal Appeals.  The case before this Court represents an appeal
from the trial court's denial of the petitioner's petition for writ of
habeas corpus.  The record was filed on December 17, 1996, and the
petitioner filed his brief on January 8, 1997.  The petitioner was
originally indicted on three counts of burglary in July 1994.  The
petitioner subsequently pled guilty to the same.  In the present
appeal, the petitioner, relying in part upon State v. Roger Dale Hill,
No. 01C01-9508-CC 00267 (Tenn. Crim. App. June 20, 1996), contends the
judgment entered against him is void because the indictment failed to
allege the mens rea of the offense charged.

URL:http://www.tba.org/tba_files/TCCA/PARKER1_ORD.WP6
Opinion-Flash

ANTHONY WILLIAMS
vs.
BILLY COMPTON, WARDEN

Court:TCCA

Judge: JONES

First Paragraph:

This matter is before the Court upon the state's motion to affirm the
judgment of the trial court under Rule 20, Rules of the Court of
Criminal Appeals.  The case before this Court represents an appeal
from the trial court's denial of the petitioner's petition for writ of
habeas corpus.  The record was filed on December 17, 1996, and the
petitioner's brief was filed on February 7, 1997.  The petitioner was
originally indicted for aggravated rape in February 1987, and the
petitioner was subsequently convicted of the same.  In the present
appeal, the petitioner, relying in part upon State v. Roger Dale Hill,
No. 01C01-9508 CC-00267 (Tenn. Crim. App. June 20, 1996), contends the
judgment entered against him is void because the indictment failed to
allege the mens rea of the offense charged.

URL:http://www.tba.org/tba_files/TCCA/WILLIA-A_ORD.WP6

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