TBALink Opinion-Flash

December 11, 1997 -- Volume #3 -- Number #130

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):
02-New Opinons From TSC
00-New Opinons From TSC-Rules
02-New Opinons From TSC-Workers Comp Panel
18-New Opinons From TCA
19-New Opinons From TCCA

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George Dean
TBALink Chief Editor


KENNETH McDANIEL
vs.
CSX TRANSPORTATION, INC.

Court:TSC
                       
First Paragraph:

The defendant has filed a petition for rehearing of this appeal
pursuant to Tenn. R. App. P. 39.  We have considered all of the
arguments raised in the petition and have found them to be without
merit.

URL:http://www.tba.org/tba_files/TSC/MCDANCS2_ORD.WP6
Opinion-Flash

TENNESSEE MUNICIPAL LEAGUE
et al.                  
vs.
BROOK THOMPSON, in his official 
capacity as the State Election      
Coordinator, et al.

Court:TSC

Attorneys:

For Appellants, Tennessee           For Appellees, Brook Thompson,
Municipal League:                   et al.:
George E. Barrett                   John Knox Walkup
Phillip A. Purcell                  Attorney General and Reporter
BARRETT, JOHNSON & PARSLEY
Nashville, Tennessee                Michael E. Moore
                                    Solicitor General
For Appellants, City of Memphis:        
Leo Bearman, Jr.                    Michael W. Catalano
Allan J. Wade                       Associate Solicitor General
David L. Bearman
BAKER, DONELSON, BEARMAN            Ann Louise Vix
  & CALDWELL                        Senior Counsel
Memphis, Tennessee                  Office of the Attorney General
                                    Nashville, Tennessee

    For Intervenor Appellees, David Sanders, David Lynn Ranson,
    James E. Blount, III, and James F. Leatherwood, III:
    Val Sanford
    GULLETT, SANFORD, ROBINSON & MARTIN, PLLC
    Nashville, Tennessee

    Gordon B. Olswing
    LAW OFFICES OF CHARLES R. PERKINS
    Memphis, Tennessee

    Lee L. Piovarcy
    MARTIN, TATE, MORROW & MARSTON, PC
    Memphis, Tennessee

For Amicus Curiae,          For Amicus Curiae,
City of Elizabethton:           Town of Oakland:
Charlton R. DeVault, Jr.            Edward B. Johnson
Kingsport, Tennessee            Somerville, Tennessee
                          
Judge:Anderson

First Paragraph:

We granted this expedited appeal pursuant to Tenn. Code Ann. S 16-3
201(d) to determine a question of unusual public importance - whether
1997 Tenn. Pub. Acts, ch. 98 ("the Act"), which dramatically changed
requirements for municipal incorporation, violates the Tennessee
Constitution.  The Chancery Court held that the Act is constitutional.
 We conclude, however, that the Act violates Article II, S17 of the
Tennessee Constitution and is, therefore, void because the body of the
Act is broader than its restrictive caption.   Accordingly, we
reverse.

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

JAMES WALTER DELLINGER      
vs.
THE ARNOLD ENGINEERING      
COMPANY AND LUMBERMENS      
MUTUAL CASUALTY COMPANY 
and
LARRY BRINTON, JR., DIRECTOR    
OF THE SECOND INJURY FUND   
                    
Court:TSC - Workers Comp Panel

Attorneys:

For the Appellants:                 For the Appellees:

Timothy W. Conner                   William O. Shults
Nan R. Jenne                        Lucy Dunn Hooper
1130 First American Center          335 East Main St.
507 S. Gay St.                      Newport, Tenn.  37821
Knoxville, Tenn.  37902
                                    Sandra E. Keith
                                    Cordell Hull Bldg. 2nd Floor
                                    425 5th Avenue North
                                    Nashville, Tenn.  37243-0499
                          
Judge:THAYER

First Paragraph:

The trial court found plaintiff, James Walter Dellinger, totally
disabled and apportioned 40% of the award of disability against his
employer, The Arnold Engineering Company, and 60% against the Second
Injury Fund.  The judgment provided the award of benefits would be
payable for a period of 400 weeks.

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

DENNIS HODGE
vs.
M.S. CARRIERS, INC.

Court:TSC - Workers Comp Panel

Attorneys:

FOR APPELLANT:                      FOR APPELLEE:
David M. Rudolph                    Charles A. Sevier
Memphis, Tennessee                  Memphis, Tennessee
                          
Judge:Ash

First Paragraph:

This worker's compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S  50-6 225(e)(3) (1996 Supp.) for hearing and
reporting to the Supreme Court of findings of fact and conclusions of
law.  In this appeal, the employer, M. S. Carriers, Inc., contends:
(1) that Mr. Hodge, the Plaintiff did not meet his burden of proving
by a preponderance of medical evidence that he had any permanent
disability to his lower back because of the alleged work accidents;
(2) that the trial court erred in applying a multiple of four times
plaintiff's anatomical impairment rating, given plaintiff's age,
extensive vocational history and current employment.

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

ROBERT W. BAGBY
vs.
DEAN RUSSELL CARRICO

Court:TCA

Attorneys:

For Appellant                   For Appellee

THOMAS R. BANKS                 HOWELL H. SHERROD, JR.
Banks & Banks                   Sherrod, Stanley, Lincoln &
Elizabethton, Tennessee         Goldstein
                                Johnson City, Tennessee
                          
Judge:Susano

First Paragraph:

In this case, the plaintiff claims that the defendant made an
intentional misrepresentation in connection with the sale of a tract
of unimproved real property.  Following a bench trial, the court found
that the defendant, Dean Russell Carrico ("Carrico"), had fraudulently
misrepresented a material fact, resulting in a judgment of $21,911.97
for the plaintiff, Dr. Robert W. Bagby ("Bagby").  The trial court
also found that Carrico's conduct violated the Tennessee Consumer
Protection Act of 1977, T.C.A. S 47-18-101, et seq. ("the Act"). 
Carrico appealed.

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

TERRI DEMILT
VS.
MARY MOSS, M.D.

Court:TCA

Attorneys:

JERRY E. MITCHELL
JOHN H. DOTSON
THOMASON, HENDRIX, HARVEY,
JOHNSON & MITCHELL
Memphis, Tennessee
Attorneys for Appellant

AL. H. THOMAS
IRA M. THOMAS
THOMAS & THOMAS
Memphis, Tennessee
Attorneys for Appellee
                          
Judge:HIGHERS

First Paragraph:

This is an appeal from a jury verdict in a medical malpractice case. 
The jury entered a judgment in favor of the plaintiff in the amount of
$250,000, and the trial court ordered a remittur in the amount of
$95,000.  Defendant appealed the judgment citing, inter alia, errors
in jury instructions.   For the reasons stated herein, we reverse and
remand the cause to the trial court for a new trial.

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

SUZANNE W. GIBSON
VS.
JAMES E. PROKELL

Court:TCA

Attorneys:

KEITH V. MOORE
Memphis, Tennessee
Attorney for Appellant

DANTON ASHER BERUBE
EVERETT B. GIBSON LAW FIRM
Memphis, Tennessee
Attorney for Appellee
                          
Judge:HIGHERS

First Paragraph:

James E. Prokell ("Prokell") appeals the trial court's order denying
Prokell's motion to dismiss, denying his motion to set aside and
rescind the trial court's order setting child support, and denying his
motion for a new trial.  Prokell also appeals the trial court's order
of contempt for his failure to pay the ordered child support.  For
reasons hereinafter stated, we affirm the judgment of the trial court.

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

GLORIA E. HILL-EVANS
vs.
BREDELL MICHAEL EVANS, SR.

Court:TCA

Attorneys:

Jeffrey Jones, Memphis, Tennessee
Attorney for Defendant/Appellant.

Mimi Phillips, PHILLIPS, HOWARD & GRUBB, Memphis, Tennessee
Attorney for Plaintiff/Appellee.
                          
Judge:FARMER

First Paragraph:

In this divorce action brought by Gloria E. Hill-Evans (Mother)
against Bredell Michael Evans, Sr. (Father), the trial court awarded
custody of the parties' two minor sons to Mother with Father to have
reasonable visitation.  However, the trial court's decree further
provided that visitation be suspended "until both of the parties and
the children have completed a counseling program which is satisfactory
to the court, and the court has been furnished a report that the
counseling course has been successfully completed.  When the
counseling process has been successfully completed, the court will
consider the defendant's visitation rights."

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

PAUL T. MARQUESS
vs.
CHARLENE JOAN PARENT MARQUESS

Court:TCA

Attorneys:

STEVEN D. BROWN OF DAYTON FOR APPELLANT

PATRICIA D. MURPHY OF HARRIMAN FOR APPELLEE                          

Judge:Goddard

First Paragraph:

Paul T. Marquess appeals the General Sessions Court of Roane County's
refusal to modify the parties' marital dissolution agreement.  The
only issue raised on appeal, which we restate, is whether the Court
below erred in finding that the division of prospective retirement
income, adjusted for cost of living increases, represented a
non-modifiable division of property, rather than alimony subject to
modification upon a material change in circumstances.

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

PAUL WILLIAM McGAFFIC
vs.
JANICE ELOIS McGAFFIC

Court:TCA

Attorneys:

For Appellant                   For Appellee

ROBERT D. LAWSON                ROBERT J. BATSON, JR.
Lawson & Lawson                 Chattanooga, Tennessee
Chattanooga, Tennessee
                          
Judge:Susano

First Paragraph:

This is a post-divorce case.  Paul William McGaffic filed a petition
seeking to modify his child support and periodic alimony in futuro
obligations.  As pertinent to the issues on this appeal, the trial
court refused to modify its existing child support and alimony in
futuro decrees.  Mr. McGaffic appealed.

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

THEOREN J. MURVIN and          
MELODY S. MURVIN
vs.
THOMAS F. COFER and           
CYNTHIA H. COFER

Court:TCA

Attorneys:

For Appellants                  For Appellees

JERRY H. SUMMERS                PAUL CAMPBELL III
JIMMY F. RODGERS, JR.           WILLIAM R. HANNAH
Summers & Wyatt, P.C.           Campbell & Campbell
Chattanooga, Tennessee          Chattanooga, Tennessee
                          
Judge:Susano

First Paragraph:

This dispute arose out of the sale of a residence in Signal Mountain,
Tennessee.  The trial court found that the sellers, Thomas F. Cofer
and wife, Cynthia H. Cofer, had violated the Tennessee Consumer
Protection Act of 1977 ("the Act") in connection with the sale of
their five-bedroom, two and a half bath residence to the plaintiffs,
Theoren J. Murvin and wife, Melody S. Murvin.  The Cofers appealed,
arguing that the Act does not apply to this transaction, and that the
evidence does not show that the Cofers "knowingly withheld information
from the [Murvins] to constitute fraud."

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

ROBERT L. MUSGROVE AND      
JEWELL MUSGROVE
vs.
DAVID B. COFFEY, M.D., AND  
OAK GROVE PRIMARY CLINIC, INC.                  

Court:TCA

Attorneys:

JAMES L. MILLIGAN, JR., Knoxville, for Plaintiffs-Appellants.

R. FRANKLIN NORTON and GARY G. SPANGLER, Knoxville, for Defendants
Appellees.
                          
Judge:Franks

First Paragraph:

In this medical malpractice action the Trial Judge granted defendants
summary judgment and dismissed the action with prejudice, pursuant to
T.R.C.P. Rule 41.  Plaintiffs' issue on appeal is that Trial Court
erred in holding that they had not complied with his orders and in
refusing to grant relief from his order.

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

ONEIDA WOOD PRODUCTS, INC.
vs.
ONEIDA WOOD INDUSTRIES, INC.,   
LUMBER, INC. and DANIEL L. BILLINGSLEY

Court:TCA

Attorneys: 

Danny P. Dyer, Knoxville, for Appellant.

Johnny V. Dunaway, LaFollette, for Appellees.
                         
Judge:INMAN

First Paragraph:

The corporate parties are closely held and competitively engaged in
the lumber business.  David L. Billingsley ["Billingsley"], owns a
substantial number of shares of the plaintiff, Oneida Wood Products
["Oneida"], and is a corporate officer.  Before his termination on
September 13, 1996, he was employed as Plant Manager.

URL:http://www.tba.org/tba_files/TCA/oneida_ca3.WP6
Opinion-Flash

C. SAM ROBERTS
vs.
JAMES E. HOUSTON

Court:TCA

Attorneys:

MARY E. LOWE and HENRY T. OGLE, Knoxville, for Plaintiff-Appellee.

JOHN P. VALLIANT, JR., Knoxville, for Defendant-Appellant.
                          
Judge:Franks

First Paragraph:

Plaintiff brought this action against defendant and his wife, Diane,
alleging that defendant "entered into agreement with plaintiff for
plaintiff to grade and excavate . . . in order to make said land
usable".  Plaintiff further averred that he expended over $29,000.00
for heavy equipment and operators on excavation, and "purchased and
installed piping at the cost of $3,604.00, for a total due in the
amount  of $33,530.09".

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

WADE SPURLING, D.C.
vs.
KIRBY PARKWAY CHIROPRACTIC, 
INC., UNION CHIROPRACTIC, INC.,     
BEHRMAN CHIROPRACTIC CLINIC-    
WESTOWN, INC., and MICHAEL  
PLAMBECK, D.C. individually and 
as OWNER, OFFICER and/or    
DIRECTOR OF KIRBY PARKWAY   
CHIROPRACTIC, INC., UNION   
CHIROPRACTIC, INC., and 
BEHRMAN CHIROPRACTIC    
CLINIC-WESTOWN, INC.,

Court:TCA

Attorneys:

Patricia L. Penn, Memphis, Tennessee
Attorney for Plaintiff/Appellant.

Valerie Barnes Speakman, JACKSON, SHIELDS, YEISER & CANTRELL, 
Cordova, Tennessee
Attorney for Defendants/Appellees.
                          
Judge:FARMER

First Paragraph:

The plaintiff, Wade Spurling, D.C., appeals from the order of the
trial court granting the defendants' motion to dismiss for failure to
state a claim upon which relief can be granted pursuant to Rule
12.02(6) T.R.C.P.  Spurling filed a complaint titled "Complaint For
Deceit in Inducement to Contract, Promissory Fraud, Fraud, Intentional
Interference With Performance of Contractual Obligations and Breach of
Contract."  The complaint alleges that Plaintiff owned and operated
Spurling Chiropractic Clinic (SCC).  He entered into negotiations with
Defendant Michael K. Plambeck (Plambeck) for Plambeck to purchase SCC.

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

SOUTHEASTERN STRUCTURES, INC.
vs.
ARTHUR H. HEIL, JR.

Court:TCA

Attorneys:

Barry W. Eubanks, Knoxville, for Appellant.

John O. Threadgill, Knoxville, for Appellee.
                          
Judge:INMAN

First Paragraph:

The plaintiff, Southeastern Structures, Inc.["SSI"], sought a
declaratory judgment on June 14, 1991 to determine if its former
employee, Arthur H. Heil, Jr. ["Heil"], was contractual or at-will and
whether he was entitled to purchase additional shares of the plaintiff
corporation or otherwise entitled to benefits resulting from his
termination on November 5, 1990 and whether he should be held liable
for damages to the plaintiff for his negligence in the matter of
plaintiff's bid on the Farragut Town Hall.

URL:http://www.tba.org/tba_files/TCA/ssi_ca3.WP6
Opinion-Flash

SUPER GRIP CORPORATION
vs.
B & D SUPER GRIP, INC.  

Court:TCA

Attorneys:

ARTHUR M. FOWLER, McKinnon, Fowler, Fox & Taylor, Johnson City, for
Plaintiff-Appellee.

PAUL RAYMOND WOHLFORD, Bristol, for Defendant-Appellant.
                          
Judge:Franks

First Paragraph:

In this contract action, the Trial Judge entered judgment for
plaintiff against defendant in the amount of $50,431.29, and dismissed
defendant's counter claim which had sought damages for plaintiff's
alleged breach of the distributorship agreement.

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

DEBRA LYNN ROBERTSON        
THURMAN
vs.
WILLIAM GROVER THURMAN

Court:TCA

Attorneys:

David L. Valone, Knoxville, for Appellant.

Roger E. Jenne, Cleveland, for Appellee.
                          
Judge:INMAN

First Paragraph:

This is a domestic relations case wherein the judgment ordering the
appellant, whose income hovered in a six-figure range, to pay
$2,000.00 monthly for the support of two children in accordance with
the published guidelines, was affirmed by this Court on October 31,
1995.

URL:http://www.tba.org/tba_files/TCA/thurman2_ca3.WP6
Opinion-Flash

TRW KOYO STEERING SYSTEMS      
COMPANY
vs.
JOHN D. SNAVELY

Court:TCA

Attorneys:

For Appellant                   For Appellee

JOHN D. SNAVELY, Pro Se         JERRI S. BRYANT
Huntsville, Alabama             Carter, Harrod & Cunningham
                                Athens, Tennessee
                          
Judge:Susano

First Paragraph:

This is a suit for declaratory judgment.  The petitioner, TRW Koyo
Steering Systems Company ("TRW Koyo"), seeks a declaration that a
document filed by the defendant, John D. Snavely ("Snavely"), in the
Monroe County Register of Deeds' office is a cloud on its title to
real property in Monroe County.  The trial court granted TRW Koyo
summary judgment, decreeing that the purported lien filed by Snavely
"is...of no legal effect and, thus, is lifted and removed from [TRW
Koyo's] title."  Snavely appealed pro se.

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

RICHARD VARNER and          
TERESA VARNER
vs.
STEPHANIE K. PERRYMAN,      
FARMHOUSE FOODS, and         
HALE BROTHERS

Court:TCA

Attorneys:

W. DOUGLAS COLLINS, EVANS & BEIER, LLP, Morristown, for Plaintiffs
Appellees.

DARYL R. FANSLER, STOKES, FANSLER & WILLIAMS, Knoxville, for
Defendants-Appellants.
                          
Judge:Franks

First Paragraph:

In this action arising from a motor vehicle accident, the Trial Judge
entered judgment for damages for plaintiffs, and apportioned fault. 
Defendant Farmhouse Foods ("Farmhouse") has appealed.

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

TRACY WATSON and DEAN WATSON,
Individually and as Next Friends 
and Natural Guardians of TAYLOR 
WATSON
vs.
FAYE AMEREDES, D.O., CHEROKEE
WOMEN'S CENTER, P.C., TED 
AMEREDES, D.O., CLEVELAND 
ANESTHESIOLOGISTS, INC., and
BRADLEY MEMORIAL HOSPITAL,

Court:TCA

Attorneys:

Glenna W. Overton, Donald E. Overton;
Overton & Overton of Knoxville
For Appellants

Hugh J. Moore, Jr.; Philip B. Whitaker, Jr.
Witt, Gaither & Whitaker, P.C. of Chattanooga
For Appellee, Faye Ameredes
                          
Judge:CRAWFORD

First Paragraph:

This is a T.R.A.P. 9 interlocutory appeal from the order of the trial
court disqualifying some of plaintiffs' lawyers from further
representation of plaintiffs in this case.

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

JOHN R. WHALEN
vs.
REUBEN ROBERTS and wife,        
JO E. ROBERTS   

Court:TCA

Attorneys:

JAMES FRANK WILSON, WILSON & BROOKS, Wartburg, for
Plaintiff-Appellant.

GEORGE H. BUXTON, III, BUXTON LAW OFFICE, Oak Ridge, for Defendants
Appellees.
                          
Judge:Franks

First Paragraph:

In this action for damages for personal injuries sustained by the
plaintiff on defendants' premises, the Trial Judge granted defendants'
motion to dismiss pursuant to T.R.C.P. 12.02(6), and plaintiff has
appealed.

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

STATE OF TENNESSEE
vs.
SHERMAN WINCHESTER BLACKSTOCK

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

Ardena J. Garth                     Charles W. Burson
District Public Defender            Attorney General of Tennessee
           and                          and
Karla G. Gothard                    Bates W. Bryan, Jr. and 
                                    Rebecca J. Stern         
Executive District Public Defender  Asst Attorney General of TN
701 Cherry Street                   450 James Robertson Parkway
Suite 300                           Nashville, TN 37243-0493
Chattanooga, TN 37402-1910
(AT TRIAL)                          Gary D. Gerbitz             
                                    District Attorney General   
Donna Robinson Miller               and
Assistant Public Defender           Bates W. Bryan, Jr.                              
701 Cherry Street                   Rebecca J. Stern            
Suite 300                           Asst District Attorneys General
Chattanooga, TN 37402-1910          600 Market Street
(ON APPEAL)                         Suite 310
                                    Chattanooga, TN 37402
                         
Judge:Tipton

First Paragraph:

The defendant, Sherman Winchester Blackstock, was convicted by a jury
in the Hamilton County Criminal Court of aggravated sexual battery, a
Class B felony.  See T.C.A. S 39-13-504 (1991).  The trial court
sentenced the defendant as a Range I, standard offender to eight years
in the custody of the Department of Correction.

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

STATE OF TENNESSEE
vs.
JASON BRADLEY CUTSHAW

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

LESLIE S. HALE                  JOHN KNOX WALKUP
Assistant Public Defender       Attorney General and Reporter
P.O. Box 839
Blountville, TN 37617           TIMOTHY F. BEHAN
                                Assistant Attorney General
GERALD L. GULLEY, JR.           425 5th Avenue North
Assistant Public Defender       Nashville, TN 37243
P.O. Box 1708
Knoxville, TN 37901-1708        GREELEY WELLS
                                District Attorney General
                        
                                EDWARD E. WILSON
                                Asst District Attorney General
                                Sullivan County Justice Center
                                Blountville, TN 37617
                          
Judge:WELLES

First Paragraph:

The Defendant, Jason Bradley Cutshaw, appeals as of right pursuant to
Rule 3 of the Tennessee Rules of Appellate Procedure.  He was
convicted by a Sullivan County jury of aggravated perjury.  The trial
court sentenced him as a Range I standard offender offender to four
years, the first two of which were to be served on community
corrections followed by two years of probation.  The trial court also
imposed a two thousand dollar ($2,000) fine and ordered the Defendant
to perform two hundred (200) hours of community service per year while
on community corrections.

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

STATE OF TENNESSEE
vs.
JEREMY GROOMS

Court:TCCA

Attorneys: 

For the Appellant:              For the Appellee:

Edward C. Miller                Charles W. Burson
District Public Defender        Attorney General of Tennessee
P.O. Box 416                    and             
Dandridge, TN 37725             Michael J. Fahey, II
     and                        Asst Attorney General of TN 
     Susanna L. Thomas          450 James Robertson Parkway     
Assistant Public Defender       Nashville, TN 37243-0493
102 Mims Avenue
Newport, TN 37821-3614          Alfred C. Schmutzer, Jr.
                                District Attorney General
                                125 Court Avenue, Suite 301-E
                                Sevierville, TN 37862
                                and
                                James B. Dunn
                                Asst District Attorney General
                                330A East main Street
                                Newport, TN 37821
                         
Judge:Tipton

First Paragraph:

The defendant, Jeremy Grooms, appeals as of right from the trial
court's dismissal of his motion for reduction of sentence pursuant to
Rule 35, Tenn. R. Crim. P.  The trial court ruled that it did not have
jurisdiction to grant the motion once the defendant was in the custody
of the Department of Correction.

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

WILLIAM HAMILTON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For Appellant:                  For Appellee:

Tom Landis, Attorney            Charles W. Burson
Suite 327                       Attorney General and Reporter
744 McCallie Avenue
Chattanooga, TN  37403          Clinton J. Morgan
(on appeal)                     Counsel for the State 
                                450 James Robertson Parkway
Steven G. Moore, Attorney       Nashville, TN  37243-0493
1800-A  Lafayette Road
Fort Oglethorpe, GA  30742      Bates W. Bryan, Jr.
(at evidentiary hearing)        Asst District Attorney General
                                Courts Building, 600 Market Street
                                Chattanooga, TN  37402
                          
Judge:WADE

First Paragraph:

The petitioner, William Hamilton, appeals the trial court's denial of
post-conviction relief.  The issue presented for our review is whether
the guilty plea was involuntary due to the ineffective assistance of
trial counsel.

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

STATE OF TENNESSEE
VS.
JOSE HOLMES

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

BRETT B. STEIN                  CHARLES W. BURSON
100 N. Main, Ste. 3102          Attorney General and Reporter
Memphis, TN  38103          
                                ELLEN H. POLLACK
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN  37243

                                JOHN W. PIEROTTI
                                District Attorney General
    
                                LEE COFFEE
                                Assistant District Attorney
                                201 Poplar
                                Memphis, TN  38103
                          
Judge:SMITH

First Paragraph:

Appellant Jose Holmes was convicted by a jury in the Shelby County
Criminal Court of attempted first degree murder and of especially
aggravated robbery.  He was sentenced as a career offender to sixty
years in the Department of Correction.

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

STATE OF TENNESSEE  
vs.
MARVIN A. KING, JR.

Court:TCCA

Attorneys:

FOR THE APPELLANT           FOR THE APPELLEE

Edgar A. Wilder             Charles W. Burson
222 Ellis Avenue            Attorney General & Reporter
Maryville, TN. 37804
                            Peter M. Coughlan
                            Assistant Attorney General
                            Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN. 37243-0493

                            Michael L. Flynn
                            District Attorney General
                            363 Court Street
                            Maryville, TN. 37804-5906

                            Philip H. Morton    
                            Assistant District Attorney General
                            363 Court Street
                            Maryville, TN. 37801
                          
Judge:BARKER

First Paragraph:

The appellant, Marvin A. King, appeals the Blount County Circuit
Court's dismissal of his post-conviction petition.  In 1992, the
appellant and two co defendants, Michael Hatfield and Floyd Caulder,
were convicted by a jury and sentenced for the especially aggravated
robbery of one William Cimino.  The appellant was sentenced as a Range
II multiple offender to thirty (30) years in the Tennessee Department
of Correction.  The appellant, thereafter, filed a direct appeal to
this Court and we affirmed his conviction.  The supreme court denied
the appellant's petition for permission to appeal on July 18, 1994.

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

STATE OF TENNESSEE
VS.
JOHN KNAPP

Court:TCCA

Attorneys:

For Appellant:                      For Appellee:
Charles R. Curbo, Attorney          John Knox Walkup
109 Madison Avenue                  Attorney General & Reporter
Memphis, TN  38103
                                    Kenneth W. Rucker
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493           
                                    Alanda Horne
                                    Asst District Attorney General
                                    Criminal Justice Ctr, 3rd Floor
                                    201 Poplar Avenue 
                                    Memphis, TN  38103
                          
Judge:WADE

First Paragraph:

The defendant, John Knapp, was convicted of attempted second murder. 
The trial court imposed a Range I, ten-year sentence.  In this appeal
of right, the defendant claims an entitlement to a new trial on
several grounds, including that the trial judge precluded an effective
cross-examination of the victim and improperly commented on the
evidence.  Although counsel for the defendant failed to enumerate
other grounds in his appellate brief, there are references to possible
other issues; included is an alleged violation of the rule of
sequestration of witnesses.

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

NAPOLEON MOMON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:
On Appeal:                      JOHN KNOX WALKUP
STEPHEN M. GOLDSTEIN            Attorney General & Reporter
314 Vine St.
Chattanooga, TN 37403           JANIS L. TURNER
                                Counsel for the State
At the Hearing:                 450 James Robertson Parkway
WILLIAM J. MARETT, JR.          Nashville, TN 37243-0493    
Bryan & Marett
211 Third Ave. North            WILLIAM H. COX
Nashville, TN 37201             District Attorney General
                    
                                THOMAS J. EVANS     
                                Asst District Attorney General
                                600 Market St.,  Ste. 310
                                Chattanooga, TN
                          
Judge:WITT

First Paragraph:

The petitioner, Napoleon Momon, appeals pursuant to Rule 3 of the
Tennessee Rules of Appellate Procedure from the Hamilton County
Criminal Court's denial of post-conviction relief.  The petitioner was
convicted in 1991 of second degree murder in the shooting death of his
wife, Jacqueline Daniel Momon, and received a twenty-five-year
sentence.  His conviction was affirmed on direct appeal to this Court.
 State v. Napoleon Momon, No.  03C01-9205-CR-00174 (Tenn. Crim. App.,
Knoxville, Nov. 20, 1992).

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

THOMAS NEWSOME, JR.
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

J. Timothy Street               Charles W. Burson
136 Fourth Avenue South         Attorney General of Tennessee
Franklin, TN 37064                  and
                                Clinton J. Morgan
                                Asst Attorney General of Tennessee                  
                                450 James Robertson Parkway     
                                Nashville, TN 37243-0493

                                Victor S. Johnson, III
                                District Attorney General
                                    and
                                Roger Moore
                                Asst District Attorney General
                                Washington Square
                                222 2nd Avenue North
                                Nashville, TN 37201-1649
                                                         
Judge:Tipton

First Paragraph:

The petitioner, Thomas Newsome, Jr., appeals as of right from the
denial of his petition for post-conviction relief by the Davidson
County Criminal Court.  The petitioner complains about his 1988
convictions for aggravated rape and aggravated kidnapping for which he
received an effective sentence of fifty-five years in the custody of
the Department of Correction.  His sole claim in this appeal is that
the trial court erred when it determined that the petitioner received
the effective assistance of counsel.

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

STATE OF TENNESSEE
VS.
ANTHONY NOE

Court:TCCA

Attorneys:

For the Appellant:                  For the Appellee:

Lionel R. Barrett, Jr.              Charles W. Burson
Washington Square Two               Attorney General of Tennessee
222 Second Avenue, North            and
Nashville, TN 37201                 Charlotte H. Rappuhn
(AT TRIAL AND ON APPEAL)            Asst Attorney General of Tennessee
                                    450 James Robertson Parkway
Karl Dean                           Nashville, TN 37243-0493
District Public Defender
     and                            Victor S. Johnson, III 
Paul Newman                         District Attorney General   
David Baker                         and
Assistant Public Defenders          Mary Hausman
Stahlman Building                   Bill Reed
Nashville, TN 37201                 Asst District Attorneys General            
(AT TRIAL)                          102 Metro Courthouse
                                    Nashville, TN 37201

                          
Judge:Tipton

First Paragraph:

The defendant, Anthony Noe, was convicted in a jury trial in Davidson
County Criminal Court of vandalism that resulted in over $500.00 worth
of damages, a Class E felony, and of making a false report, a Class A
misdemeanor.  He was sentenced as a Range I, standard offender to one
year for vandalism to be served concurrently with a sentence of eleven
months and twenty-nine days for the false report conviction.  The
trial court ordered that the sentences be suspended and served in a
community corrections program.  The defendant contends that the
evidence is insufficient to support his convictions and that the trial
court erred by refusing to grant a continuance after his counsel was
appointed on the day of trial.

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

STATE OF TENNESSEE  
vs.
TED D. NORRIS   

Court:TCCA

Attorneys:

FOR THE APPELLANT                   FOR THE APPELLEE

Michael G. Hatmaker                 John Knox Walkup
P.O. Drawer 417                     Attorney General and Reporter
Jacksboro, Tennessee 37757          450 James Robertson Parkway
                                    Nashville, Tennessee 37243-0493
                    
                                    Michael J. Fahey, II                                        
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, Tennessee 37243-0493

                                    Alfred C. Schmutzer, Jr.
                                    District Attorney General
                                    125 Court Avenue, Room 301-E
                                    Sevierville, Tennessee 37862
                          
Judge:BARKER

First Paragraph:

The Appellant, Ted D. Norris, files his second direct appeal to this
Court challenging the sentences he received from convictions in the
Criminal Court of Scott County.  After a trial by jury, the Appellant
was convicted and sentenced on two counts of assault with intent to
commit first degree murder, two counts of armed robbery, one count of
aggravated kidnapping, and one count of grand larceny.  He argues on
appeal that his sentences on the two counts of assault with intent to
commit first degree murder were excessive and that the trial court
erred in ordering those sentences to be served consecutively.

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

STATE OF TENNESSEE
VS.
BILLY KEMP RIPPY

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

MICHAEL R. JONES                JOHN KNOX WALKUP 
District Public Defender        Attorney General & Reporter

FRED W. LOVE                    LISA A. NAYLOR
Assistant Public Defender       Assistant Attorney General
109 South Second Street         2nd Floor, Cordell Hull Building
Clarksville, TN  37040          425 Fifth Avenue North 
                                Nashville, TN  37243

                                JOHN WESLEY CARNEY, JR.
                                District Attorney General

                                DENT MORRISS
                                Asst District Attorney General
                                500 South Main 
                                Springfield, TN  37172 
                         
Judge:WOODALL

First Paragraph:

The Defendant, Billy Kemp Rippy, appeals as of right following a jury
trial in the Circuit Court of Robertson County where he was convicted
of aggravated robbery.  The trial court sentenced Defendant to
thirteen (13) years as a Range II, Multiple Offender.  The Defendant
raises two issues on appeal: (1) the evidence was insufficient to
sustain a verdict of guilty beyond a reasonable doubt; and (2) the
trial court erred in sentencing him to thirteen (13) years for
aggravated robbery.   We affirm the judgment of the trial court.

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

WENDALL S. RUSSELL
vs.
HOWARD CARLTON, WARDEN,     
& STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

Mark H. Toohey              John Knox Walkup
Attorney at Law             Attorney General & Reporter 
158 Cherokee Street
Kingsport, TN 37660         Michael J. Fahey, II  
                            Assistant Attorney General
                            Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            David E. Crockett
                            District Attorney General
                            Route 19, Box 99
                            Johnson City, TN 37601  
                          
Judge:SUMMERS

First Paragraph:

The appellant, Wendall S. Russell, was convicted by a jury of rape. 
He was sentenced to fifteen years incarceration in the Tennessee
Department of Correction.  He, thereafter, filed a petition for habeas
corpus relief.  In his petition he alleged that the indictment against
him was insufficient for failing to allege a mens rea.  He contends
his conviction is void.  The trial court dismissed the petition
finding that it was not proper for habeas corpus review.  The trial
court based this finding on the fact that the appellant's conviction
was not void on its face and that his sentence had not expired.  He
appeals this dismissal.  Upon review, we affirm.

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

KEITH SCARBROUGH
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

Keith Scarbrough Pro Se             John Knox Walkup
R.M.S.I.                            Attorney General and Reporter
7475Cockrill Bend-Industrial Rd.
Nashville, TN 37209-1010            Peter M. Coughlan
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243

                                    Dan Alsobrooks
                                    District Attorney General

                                    James W. Kirby
                                    Assistant District Attorney
                                    105 Sycamore Street
                                    Ashland City, TN 37015

                          
Judge:SMITH

First Paragraph:

In this appeal of the summary dismissal of his post-conviction
petition Appellant, Keith Scarbrough, asks this Court to review the
validity of his conviction entered upon his pleas of guilty onFeburary
27, 1986.  Appellant pled guilty to armed robbery, grand larceny, and
second degree burglary.  As part of the plea agreement Appellant
received sentences totaling 11 years.

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

STATE OF TENNESSEE
vs.
JEFFERY SCOTT SCHAFER

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:


LARRY G. RODDY                  JOHN KNOX WALKUP
P.O. Box 714                    Attorney General & Reporter
Sale Creek, TN   37373
                                MICHAEL J. FAHEY, II
                                Asst. Attorney General
                                450 James Robertson Pkwy.                               
                                Nashville, TN  37243-0493
                
                                WILLIAM H. COX, III
                                District Attorney General

                                C. LELAND DAVIS
                                Asst. District Attorney General
                                600 Market St., Suite 300
                                Chattanooga, TN   37402
                                                          
Judge:PEAY

First Paragraph:

The defendant was indicted for first-degree premeditated murder. 
After a jury trial, he was convicted of that offense and sentenced to
life imprisonment.

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

CHARLES SPRINKLE
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

Charles Sprinkle, Pro Se        John Knox Walkup
N.E.C.C.                        Attorney General & Reporter 
P.O. Box 5000
Mountain City, TN 37683-5000    Marvin E. Clements, Jr.  
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                C. Berkeley Bell, Jr.
                                District Attorney General
                                Doug Godbee
                                Asst District Attorney General
                                Main Street,
                                Hawkins County Courthouse
                                Rogersville, TN 37857
                          
Judge:SUMMERS

First Paragraph:

In 1985 the appellant, Charles Sprinkle, was convicted of aggravated
rape and incest.  He received an effective sentence of fifty-three
years incarceration in the Tennessee Department of Correction.  In
1996 he filed a petition for post-conviction relief alleging that the
indictment against him was insufficient for failing to allege a mens
rea.  The trial court dismissed the petition as time barred.  He
appeals this dismissal.  Upon review, we affirm.

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

STATE OF TENNESSEE
vs.
BRENDA STARKS

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

J. Robert Hamilton              John Knox Walkup
Attorney at Law                 Attorney General & Reporter
225 East Market Street          500 Charlotte Avenue
Lebanon, TN 37087               Nashville, TN 37243-0497

                                Elizabeth B. Marney
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                Tom P. Thompson, Jr.
                                District Attorney General
                                203 Greentop Street
                                Hartsville, TN 37074-0178

                                Robert N. Hibbett
                                Asst District Attorney General
                                111 Cherry Street
                                Lebanon, TN 37087-3609
                          
Judge:Jones

First Paragraph:

The appellant, Brenda Starks (defendant), appeals as of right from the
judgment of the trial court affirming the sentence, as amended, 
imposed by the General Sessions Court of Wilson County.  After the
defendant entered a plea of guilty to passing a worthless check, a
Class A misdemeanor, she was sentenced to serve 364 days at 100% in
the Wilson County Jail.  Her entire sentence was suspended and she was
placed on unsupervised probation.  The General Sessions Court
subsequently revoked the probation, and she appealed to the Criminal
Court for Wilson County.  The trial court affirmed the judgment of the
General Session Court, but amended the judgment.  The amended judgment
provided for confinement in the Wilson County Jail for 364 days at
75%.

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

STATE OF TENNESSEE
VS.
BILL TEAL

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

GREGORY S. O'NEAL (Trial)           JOHN KNOX WALKUP
Attorney at Law                     Attorney General & Reporter
P.O. Box 555
Winchester, TN  37398               ELIZABETH B. MARNEY
                                    Assistant Attorney General
GREGORY D. SMITH (Appeal)           Criminal Justice Division
Attorney at Law                     450 James Robertson Parkway
One Public Square, Ste. 321         Nashville, TN 37243-0493    
Clarksville, TN  37040
                                    C. MICHAEL LAYNE
                                    District Attorney General

                                    STEPHEN WEITZMAN
                                    Asst District Attorney General
                                    P.O. Box 147
                                    Manchester, TN  37355

                          
Judge:WITT

First Paragraph:

The defendant, Bill Teal, stands convicted of aggravated burglary and
theft over $1,000, following trial by a jury of his peers in the
Coffee County Circuit Court.  The court sentenced Teal to serve ten
years for aggravated burglary and eight years for theft. The sentences
were imposed concurrently to each other but consecutively to other
sentences the defendant is serving, the defendant having been found in
other proceedings to have violated parole on other offenses.  In this
direct appeal, the defendant challenges the sufficiency of the
convicting evidence and the court's imposition of maximum sentences
and fines upon him.  Following a review of the record and briefs and
having heard arguments in the matter, we affirm the judgment of the
trial court.
URL:http://www.tba.org/tba_files/TCCA/tealb_opn.WP6

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