TBALink Opinion-Flash

December 31, 1997 -- Volume #3 -- Number #137

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):
06-New Opinons From TSC
01-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
06-New Opinons From TCA
35-New Opinons From TCCA

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George Dean
TBALink Chief Editor


STATE OF TENNESSEE
vs.
WILLIAM JEFFERY CARICO

Court:TSC

Attorneys:

For Plaintiff-Appellee:         For Defendant-Appellant:

W. Knox Walkup                  Burkett C. McInturff
Attorney General & Reporter     Kingsport
Nashville

Michael E. Moore
Solicitor General
Nashville

Michael W. Catalano
Associate Solicitor General
Nashville

Berkeley Bell
District attorney General
Greeneville

Doug Godbee
Assistant Attorney General
Rogersville
                          
Judge:REID

First Paragraph:

The application for permission to appeal from the conviction of
aggravated rape and a Range I sentence of 25 years was granted in
part, to consider two of the several issues decided by the Court of
Criminal Appeals, which affirmed the conviction and the sentence.  In
those issues, the appellant insists that the delay in initiating the
prosecution was a violation of his constitutional rights to a speedy
trial and due process and that the sentence imposed is excessive.  The
conviction and the sentence are affirmed.

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

STATE OF TENNESSEE
vs.
JOHNNY LEE CLEVELAND, III,      
a/k/a AKEM ISMIL FUGUAN

Court:TSC

Attorneys: 

For Appellant:                      For Appellee:

John Knox Walkup                    Ardena J. Garth
Attorney General & Reporter         District Public Defender
                            
Michael E. Moore                    Donna Robinson Miller
Solicitor General                   Asst District Public Defender
                                    Chattanooga, Tennessee
Darian B. Taylor
Assistant Attorney General
Nashville, Tennessee

At Trial:
William H. Cox
District Attorney General

H. C. Bright
Assistant District Attorney General
Chattanooga, Tennessee
                         
Judge:ANDERSON

First Paragraph:

The primary issue presented in this appeal of a conviction for
attempted aggravated rape is whether the absence of a juror during a
portion of the closing argument was harmless error, or whether it was
prejudicial to the judicial process and required a new trial.   A
secondary issue is whether the trial court should have instructed the
jury that aggravated assault is a lesser included offense of attempted
aggravated rape.

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

STATE OF TENNESSEE  
vs.
ROGER DALE LEWIS

Court:TSC

Attorneys:

For Appellant:              For Appellee:

PETER D. HEIL               JOHN KNOX WALKUP
Nashville, TN               Attorney General and Reporter

                            MICHAEL E. MOORE    
                            Solicitor General

                            GORDON W. SMITH
                            Assistant Solicitor General
                            Nashville, TN

                            LAWRENCE RAY WHITLEY
                            District Attorney General

                            C. WAYNE HYATT
                            Assistant District Attorney
                              General
                            Gallatin, TN
                          
Judge:BIRCH

First Paragraph:

Roger Dale Lewis, the appellant, was convicted of five counts of
aggravated arson.  He was sentenced to an effective thirty years in
the Department of Correction.  The Court of Criminal Appeals affirmed
the trial court's judgment.

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

EMMA D. TURNER and          
RUFUS L. TURNER
vs.
HAROLD W. JORDAN, M.D.,

Court:TSC

Attorneys:

For Appellants/Cross-Appellees:     For Appellee/Cross Appellant:

William D. Leader, Jr.              W. Warner McNeilly, Jr.
Eugene N. Bulso, Jr.                WATKINS, McGUGIN, 
BOULT, CUMMINGS, CONNERS            McNEILLY & ROWAN
  & BERRY, PLC                      Nashville, Tennessee
Nashville, Tennessee
                          
Judge:ANDERSON

First Paragraph:

We granted this appeal to determine whether a psychiatrist owed a duty
of care to protect a hospital nurse from the violent and intentional
acts of a hospitalized mentally ill patient.  If such a duty is owed,
the next issue to be decided is whether the patient's intentional
conduct should be considered in determining comparative fault under
McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992).  The final issue is
whether, after finding that the jury verdict as to fault is contrary
to the weight of the evidence, the trial court may reallocate
comparative fault in lieu of ordering a new trial.

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

STATE OF TENNESSEE
vs.
DAVEY JOE VINEYARD          
AND JIMMY LEE COCKBURN

Court:TSC

Attorneys: 

For Plaintiff-Appellee:             For Defendants-Appellants:

John Knox Walkup                    Kenneth L. Miller
Attorney General & Reporter         Logan, Thompson, Miller,
Nashville, Tennessee                Bilbo, Thompson & Fisher, P.C.
                                    Cleveland, Tennessee
Michael E. Moore
Solicitor General
Nashville, Tennessee

Karen M. Yacuzzo   
Assistant Attorney General
Nashville, Tennessee

Jerry N. Estes
District Attorney General
Athens, Tennessee

Joseph A. Rehyansky  
Assistant District Attorney General
Cleveland, Tennessee
                         
Judge:DROWOTA

First Paragraph:

In this appeal we are asked to determine whether under Article I,
Section 7 of the Tennessee Constitution a stop based upon probable
cause is valid irrespective of the subjective motivations of the
police officer making the stop.  The defendant concedes that under the
Fourth Amendment to the federal constitution, the subjective
motivations of police officers are irrelevant so long as the stop is
otherwise based upon probable cause.  However, the defendant asks us
to hold that, in this context, the Tennessee Constitution's
prohibition against unreasonable searches and seizures is more
stringent than the Fourth Amendment to the United States Constitution.

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

STATE OF TENNESSEE  
vs.
BILLY O. WINNINGHAM

Court:TSC

Attorneys:

For Appellee:                   For Appellant:

PHILLIPS M. SMALLING            JOHN KNOX WALKUP
Byrdstown, TN                   Attorney General and Reporter

                                MICHAEL E. MOORE    
                                Solicitor General

                                DARYL J. BRAND
                                Assistant Attorney General
                                Nashville, TN

                                WILLIAM E. GIBSON
                                District Attorney General

                                ANTHONY W. HUDDLESTON
                                Assistant District Attorney
                                General
                                Livingston, TN
                          
Judge:BIRCH

First Paragraph:

Billy O. Winningham, the appellee, was adjudicated in contempt of
court for having violated an order of protection issued at the request
of his estranged wife.  The contemptuous conduct alleged included
setting the fire that burned down his wife's house.  This same conduct
also served as the basis for an arson indictment later returned
against him.

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


                    SUPREME COURT OF TENNESSEE
                STATE LIST FOR PERMISSION TO APPEAL
                        December 29, 1997       

Court:TSC - Rules

URL:http://www.tba.org/tba_files/TSC_RULES/statelst15_wp.WP6
Opinion-Flash

HAULERS INSURANCE COMPANY, INC.
vs.
DAMIAN V. BURKE,              
and                       
MICHAEL T. HUNTER

Court:TCA

Attorneys: 

For Appellant                   For Appellee Hunter

JOHN T. RICE                    ROGER E. JENNE
Rice, Kreitzer & Winer, P.C.        Jenne, Scott & Bryant
Chattanooga, Tennessee          Cleveland, Tennessee


                                For Appellee Burke

                                NO APPEARANCE
                         
Judge:Susano

First Paragraph:

This is a declaratory judgment action filed by Haulers Insurance
Company, Inc. (Haulers).  As originally filed, it sought a declaration
that Haulers was not required to indemnify or defend Damian V. Burke
(Burke) and Edward Thompson (Thompson) with respect to a suit for
personal injuries filed by Michael T. Hunter (Hunter) against Burke,
Thompson, and the owners of J & D Auto Sales.  Hunter, who was allowed
to intervene in the instant case, filed a motion for summary judgment,
as did Haulers and Burke.  After the underlying tort action was tried,
the trial judge in the case at bar considered the pending motions for
summary judgment.  He entered a judgment on July 15, 1996, declaring
that Burke was covered as an insured up to $100,000 under the
liability feature of the garage insurance policy issued by Haulers to
Donnie Wear and Joe Guffey, a partnership which operated a used car
lot in Cleveland, Tennessee under the trade name of J & D Auto Sales. 
Haulers appealed, arguing (1) that Hunter was not entitled to summary
judgment; (2) that the trial court erred in denying Haulers' motion
for summary judgment; (3) that the trial court erred in allowing
Hunter discretionary costs; and (4) that the trial court erred in not
requiring the production of a statement given by Thompson to Hunter's
counsel.

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

RICHARD C. CANADA and wife      
SHARON CANADA
vs.
ACE CODENT, ZAHN DENTAL COMPANY,    
INC., and HENRY SCHEIN, INC.
and                         
ACECODENT INCORPORATED

Court:TCA

Attorneys:

For Appellants                      For Appellee

JIMMY W. BILBO                      DAVID F. HENSLEY
Logan, Thompson, Miller, Bilbo,     Milligan, Barry, Hensley
 Thompson & Fisher, P.C.                 & Evans
Cleveland, Tennessee                Chattanooga, Tennessee
                         
Judge:Susano

First Paragraph:

By order entered December 15, 1997, the Supreme Court remanded this
case to us for further consideration in light of its opinion in
Grantham v. Jackson-Madison County General Hospital District, 954
S.W.2d 36 (Tenn. 1997).

URL:http://www.tba.org/tba_files/TCA/candarc2_opn.WP6
Opinion-Flash

RICHARD PALLMER JAHN, JR.
vs.
SHERYL JUNE JAHN

Court:TCA

Attorneys:

For Appellant                   For Appellee

WILLIAM C. KILLIAN              J. W. DIETZEN
Jasper, Tennessee               Dietzen & Atchley
                                Chattanooga, Tennessee
                          
Judge:Susano

First Paragraph:

This matter is before us on the appellee's motion to dismiss appeal,
as well as on other motions.  The appellee contends that the appellant
failed to timely file her notice of appeal in the trial court.

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

ESTATE OF JAMES ARCHER MUSE
vs.
STATE OF TENNESSEE

Court:TCA

Attorneys:

Daniel P. Street
Kingsport, Tennessee  
Attorney for Appellee

John Knox Walkup
Attorney General and Reporter
Michael E. Moore
Solicitor General
Mary M. Bers
Assistant Attorney General
Nashville, Tennessee
Attorneys for Appellant
                          
Judge:WILLIAMS

First Paragraph:

This is a negligence case of slip and fall against the State of
Tennessee.  Claimant/Appellee (Muse) was injured after slipping on
piping on the campus of Eastern Tennessee State University, a state
university owned by the State of Tennessee.

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

MARY ELLA NEEDHAM
vs.
AUBREY KOHLMIER NEEDHAM

Court:TCA

Attorneys:

BILL W. PETTY
O'CONNOR, PETTY, CHILD & BOSWELL
Knoxville, Tennessee
Attorneys for Plaintiff/Appellant

EUGENE B. DIXON
Maryville, Tennessee
Attorney for Defendant/Appellee
                          
Judge:WILLIAMS

First Paragraph:

This appeal arises from a bitterly contested divorce proceeding heard
by the trial court without a jury.  At the conclusion of the trial,
the trial court awarded the divorce to each party upon the ground of
inappropriate marital conduct.  Custody of the two minor children was
awarded to the Husband.  After first determining certain assets to be
separate property of the Husband, the trial court equitably
distributed the sizable marital estate between the parties, one-half
to each.  No spousal support was granted to the Wife due to the nature
(size) of the marital property award she received.  After a careful
examination of the factual findings by the trial court and review of
the law, we affirm the judgment of the lower court.

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

DAVIS A. REED
vs.
KATHY L. REED

Court:TCA

Attorneys:

For Appellant                   For Appellee

DAVID A. LUFKIN                 ROBERT W. WILKINSON
Lufkin, Henley & Conner         Oak Ridge, Tennessee
Knoxville, Tennessee
                          
Judge:Susano

First Paragraph:

Kathy L. Mabry, the former wife of the respondent, Davis A. Reed,
filed a petition against her ex-husband seeking additional child
support.  Without stating its reasons for doing so, the trial court
entered an order dismissing the petition.  Ms. Mabry appealed.  She
argues two points: first, that the trial court erred in basing its
refusal to award additional child support on the fact that Ms. Mabry
bankrupted an obligation upon which she and her former husband were
jointly obligated, thus necessitating the latter's payment of the
debt; and second, that the trial court erred in refusing to increase
Mr. Reed's child support obligation in light of an increase in his
income and his failure to exercise visitation.

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

ROGER LEE ACUFF
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

Neal Thompson                   John Knox Walkup
615 Lindsay Street              Attorney General and Reporter
Suite 150                           
Chattanooga, TN 37403           Peter M. Coughlan           
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                William H. Cox, III
                                District Attorney General

                                Rebecca J. Stern
                                Assistant District Attorney
                                600 Market Street
                                Suite 310
                                Chattanooga, TN 37402
                          
Judge:Barker

First Paragraph:

The appellant, Roger Lee Acuff, appeals as of right from the judgment
of the Hamilton County Criminal Court denying his petition for
post-conviction relief.  On appeal, appellant contends that he
received the ineffective assistance of counsel and that his guilty
plea was involuntary.  Finding that the evidence does not preponderate
against the trial court's judgment, we affirm the denial of relief.

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

STATE OF TENNESSEE
vs.
KEITH BANNER

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

Frederick M. Lance              John Knox Walkup
Attorney at Law                 Attorney General & Reporter
804 West Market Street          500 Charlotte Avenue
Johnson City, TN 37501          Nashville, TN 37243-0497

                                Timothy F. Behan
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

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

                                Lisa D. Rice
                                Asst District Attorney General
                                Unicoi County Courthouse
                                Erwin, TN 37650
                          
Judge:Jones

First Paragraph:

The appellant, Keith Banner (defendant), was convicted of driving
under the influence of alcohol, third offense, a Class A misdemeanor;
driving while license revoked, third offense, a Class A misdemeanor;
escape, a Class A misdemeanor; and a violation of the implied consent
law following his pleas of guilty to these offenses.  There was no
agreement regarding the punishment to be imposed by the trial court. 
The trial court imposed the following sentences at the conclusion of
the sentencing hearing: (a) a fine of $1,100 and confinement for
eleven months and twenty-nine days at 100 percent for driving while
under the influence of alcohol, third offense, (b) eleven months and
twenty-nine days at 75 percent for driving while his license was
revoked, third offense, (c) eleven months and twenty-nine days at 75
percent for escape, and (d) revocation of the defendant's privilege to
operate a motor vehicle for six (6) months for violation of implied
consent.  The trial court ordered all of the sentences to be served
consecutively.  The defendant presents two issues for review.  He
contends (a) the trial court failed to follow the Criminal Sentencing
Reform Act of 1989 and evaluate the enhancement or mitigating factors,
and (b) the trial court abused its discretion by requiring the
sentences to be served consecutively.  In short, the defendant
contends the sentences imposed by the trial court were excessive. 
After a thorough review of the record, the briefs submitted by the
parties, and the law governing these issues, it is this court's
opinion the judgment of the trial court should be affirmed.

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

BRUCE BELK
vs.
CHARLES JONES,  WARDEN

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

Robert N. Meeks                 John Knox Walkup
Attorney at Law                 Attorney General & Reporter
P.O. Box 8086                   500 Charlotte Avenue
Chattanooga, TN 37414           Nashville, TN 37243-0497

                                Michael J. Fahey, II
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                Charles E. Hawk
                                District Attorney General
                                P.O. Box 703
                                Kingston, TN 37763-0703

                                Frank A. Harvey
                                Asst District Attorney General
                                P.O. Box 703
                                Kingston, TN 37763-0703
                          
Judge:Jones

First Paragraph:

The appellant, Bruce Belk (petitioner), appeals as of right from a
judgment of the trial court denying his action for habeas corpus
relief.  He presents one issue for review:  "[T]he charging indictment
failed to contain or state the essential mens rea elements of the
offense as required by T.C.A. 40-13-202, thus rendering appellant's
subsequent conviction and plea agreement void."  After a thorough
review of the record, the briefs submitted by the parties, and the law
governing the issue presented for review, it is the opinion of this
court that the judgment of the trial court should be affirmed.

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

STATE OF TENNESSEE
vs.
NATHANIEL DAVID BIRCHFIELD

Court:TCCA

Attorneys:

FOR THE APPELLANT                   FOR THE APPELLEE 

Mary Katherine Longworth            John Knox Walkup
Suite One, 410 Wharf Street         Attorney General & Reporter
P.O. Box 501
Loudon, TN 37774                    Peter M. Coughlan
                                    425 Fifth Avenue North
                                    2d Floor, Cordell Hull Building
                                    Nashville, TN 37243-0493
                          
Judge:BYERS

First Paragraph:

The defendant was convicted of robbery and sentenced to serve eight
years and to pay a fine of $4,000.00.

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

RODNEY DEWAYNE BOND
vs.
BILLY COMPTON, Warden   

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:


RODNEY D. BOND (pro se)             JOHN KNOX WALKUP
L.C.R.C.F.                          Attorney General & Reporter
Rt. 1, Box 330
Tiptonville, TN   38079             ELIZABETH T. RYAN
                                    Asst. Attorney General
                                    450 James Robertson Pkwy.                               
                                    Nashville, TN  37243-0493
                
                                    C. PHILLIP BIVENS
                                    District Attorney General
                                    P.O. Box E
                                    Dyersburg, TN   38024
                                             
Judge:PEAY

First Paragraph:

The petitioner filed his petition for writ of habeas corpus on
September 12, 1996, alleging that he is being illegally restrained by
virtue of a nine year sentence imposed in 1991 for a rape conviction. 
He claims that his sentence is illegal because the underlying
conviction is based upon an invalid indictment.  Specifically, he
claims that the indictment fails to allege the necessary mens rea
element of the offense.  The petitioner relies on this Court's opinion
in State v. Roger Dale Hill, Sr., No. 01C01-9508-CC-00267, Wayne
County (Tenn. Crim. App. filed June 20, 1996, at Nashville).  The
court below summarily dismissed the petition.  We affirm.

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

STATE OF TENNESSEE
vs.
ROBERT BOSTON

Court:TCCA

Attorneys:

FOR THE APPELLANT:               FOR THE APPELLEE:


STEPHEN WALLACE                 JOHN KNOX WALKUP
Public Defender                 Attorney General & Reporter
                
LESLIE HALE                     CLINTON J. MORGAN
Asst. Public Defender           Counsel for the State
P.O. Box 839                    450 James Robertson Pkwy.            
Blountville, TN 37617           Nashville, TN  37243-0493
                
                                FRANK A. HARVEY
                                District Atty General, pro tem
                                P.O. Box 703
                                Kingston, TN 37763
                          
Judge:PEAY

First Paragraph:

The defendant was charged by presentment on February 8, 1994, with
eighteen counts of incest, eighteen counts of statutory rape, and
fourteen counts of sexual battery.  On September 30, 1994, the
defendant entered an Alford plea and pled guilty to two counts of
sexual battery and one count of assault.  As a part of the plea, the
defendant agreed to sentences of two years on each of the sexual
battery charges and a sentence of eleven months, twenty-nine days on
the assault charge.  He further agreed that all sentences would run
consecutively.  The defendant was ultimately denied probation or any
other alternative sentence and was ordered to begin his incarceration.
 In this appeal, the defendant contends that the trial court erred by
refusing to sentence him to Community Corrections or probation.

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

STATE OF TENNESSEE
vs.
JIMMY BOWEN

Court:TCCA

Attorneys:

FOR THE APPELLANT                   FOR THE APPELLEE

Laura Rule Hendricks                John Knox Walkup
Eldridge, Irvine & Hendricks        Attorney General & Reporter
606 W. Main Street, Suite 350
P.O. Box 84                         Sandy Copous Patrick    
Knoxville, TN. 37901-0084           Assistant Attorney General                              
                                    2nd Floor Cordell Hull Building
                                    425 Fifth Avenue North
                                    Nashville, TN. 37243-0943

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

                                    Lisa D. Nidiffer
                                    Asst District Attorney General
                                    Unicoi County Courthouse
                                    Erwin, TN. 37650
                          
Judge:BARKER

First Paragraph:

The appellant, Jimmy Bowen, appeals as of right his conviction and
sentence following a jury trial in the Criminal Court of Johnson
County.  The appellant was indicted by the Johnson County Grand Jury
for the knowing possession of contraband, to wit: marijuana, in a
state penal institution where prisoners are quartered, without the
express written consent of the institution's chief administrator, a
Class C felony.  See  Tenn. Code Ann. S 39-16-201 (1991 repl.). 
Following his conviction, the appellant was ordered to pay a five
thousand ($5,000) dollar fine and serve six years in the Tennessee
Department of Correction as a Range I standard offender.  The sentence
was ordered to run consecutive to a seven-year sentence the appellant
was then serving for convictions he received in 1993.

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

STATE OF TENNESSEE
vs.
DONNIE LAMAR CARDEN

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

JOHN G. MCDOUGAL                    JOHN KNOX WALKUP
701 Broad Street, Tivoli Ctr        Attorney General and Reporter
Suite One LL
Chattanooga, TN 37402               MICHAEL J. FAHEY, II
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243

                                    BILL COX
                                    District Attorney General

                                    JOHN BOBO
                                    Asst District Attorney
                                    Courts Building
                                    Chattanooga, TN 37402
                          
Judge:SMITH

First Paragraph:

A Hamilton County grand jury indicted Appellant, Donnie Carden, with
charges of Driving Under the Influence and Possession of Marijuana.
Appellant filed a motion to dismiss based upon his contention that
prosecution of these charges was barred by double jeopardy. After a
hearing, Appellant's motion was denied. Appellant pled guilty to
D.U.I. - 3rd offense and Possession of Marijuana, but reserved the
right to appeal based on a certified question of law. Appellant raises
the issue whether the policy of the Hamilton County jail of holding
someone in custody for a period of six hours to "sober" them up is
punitive in nature and whether the Fifth Amendment protection against
double jeopardy barred subsequent prosecution of Appellant on the
charges for which he was arrested after confinement under this policy
.

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

STATE OF TENNESSEE
vs.
JOY L. CHRISTIAN

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

Keith A. Hopson             John Knox Walkup
Attorney at Law             Attorney General & Reporter 
410 Shelby Street
Kingsport, TN 37660         Michael J. Fahey, II
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            H. Greeley Wells, Jr.
                            District Attorney General

                            Teresa M. Smith
                            Asst District Attorney General
                            P.O. Box 526
                            Blountville, TN 37617-0526
                              
Judge:SUMMERS

First Paragraph:

The appellant, Joy L. Christian, was convicted by a jury of aggravated
robbery.  She was sentenced to eight years incarceration.  On appeal,
she alleges that the evidence is insufficient to sustain her
conviction.  Upon review,  we affirm her judgment of conviction.

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

JERRY COX
vs.
HOWARD CARLTON, WARDEN, 
and STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

JERRY COX                           JOHN KNOX WALKUP
Pro Se                              Attorney General & Reporter
Northeastern Correctional Ctr
P.O. Box 5000                       MICHAEL J. FAHEY, II
Mountain City, TN  37683            Assistant Attorney General
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493    

                                    DAVID E. CROCKETT
                                    District Attorney General
                                    Rt. 199, Box 99
                                    Johnson City, TN  37601
                          
Judge:WITT

First Paragraph:

The petitioner, Jerry Cox, currently incarcerated in the Department of
Correction serving a twenty year sentence for a conviction of
attempted aggravated rape and aggravated rape, appeals the Johnson
County Circuit Court's denial of his Petition for the Writ of Habeas
Corpus.  In his petition, Cox alleged the trial court lacked
jurisdiction to convict him because the indictment failed to allege a
culpable mental state.  The lower court found that the matter should
have been raised at an earlier stage of the proceedings, and further,
the law under which the petitioner was convicted did not require proof
of a culpable mental state.  Accordingly, the lower court summarily
dismissed the petition.  It is from this determination the petitioner
appeals, claiming the court erred by dismissing his petition without
appointing counsel, allowing amendment and conducting a hearing, and
likewise by failing to treat his petition in the alternative as one
for post-conviction relief.  On review, we affirm the trial court's
dismissal.

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

EDDIE CURT DAVIS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

KENNETH F. IRVINE, JR.              JOHN KNOX WALKUP
606 W. Main Street, Suite 350       Attorney General and Reporter
P.O. Box 84
Knoxville, TN 37901-0084            PETER M. COUGHLAN
                                    Assistant Attorney General
                                    425 Fifth Avenue North
                                    Nashville, TN 37243-0493

                                    BILL COX
                                    District Attorney General

                                    BATES BRYAN, JR.
                                    Asst District Attorney General
                                    Court Building
                                    600 Market Street
                                    Chattanooga, TN 37402
                         
Judge:WELLES

First Paragraph:

The Petitioner, Eddie Curt Davis, appeals as of right pursuant to Rule
3 of the Tennessee Rules of Appellate Procedure from the trial court's
denial of his petition for post-conviction relief.  On November 30,
1990, a Hamilton County jury found the Petitioner guilty of two counts
of aggravated rape and one count of aggravated sexual battery.  The
trial court sentenced him to thirty years imprisonment for each
aggravated rape and fifteen years for the aggravated sexual battery. 
The fifteen-year sentence was ordered to run consecutive to the
concurrent aggravated rape sentences, resulting in an effective term
of imprisonment of forty-five years.  His convictions were affirmed by
this Court on August 26, 1992, and the Tennessee Supreme Court denied
permission to appeal on December 28, 1992.  The Petitioner filed a pro
se petition for post-conviction relief on January 7, 1993, which was
amended with the assistance of counsel on February 15, 1996.  In the
petition for post-conviction relief, he argues that his due process
rights were violated by conviction of an offense for which the statute
of limitations had expired and that he was denied effective assistance
of counsel at trial.  The trial court conducted an evidentiary hearing
on April 1 and May 20, 1996.  On June 25, 1996, the trial court issued
an order denying the petition in part and granting it in part.  We
affirm the judgment of the trial court.

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

JIMMY D. DILLINGHAM
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

Douglas K. Shults               John Knox Walkup
Shults & Shults                 Attorney General & Reporter 
111 Gay Street
P.O. Box 129                    Timothy F. Behan
Erwin, TN 37650                 Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493
    
                                David E. Crockett   
                                District Attorney General 

                                Lisa Nidiffer Rice
                                Asst District Attorney General
                                Unicoi County Courthouse 
                                Erwin, TN 37650 
                          
Judge:SUMMERS

First Paragraph:

The appellant, Jimmy D. Dillingham, was convicted on October 23, 1989,
 of attempted bank robbery.  On October 31, 1989, he was sentenced to
forty years in the Tennessee Department of Correction.  After
unsuccessfully appealing his conviction, he filed a petition seeking
post-conviction relief.  In his petition he alleged that the trial
court erred in sentencing him under the Sentencing Reform Act of 1982.
 After hearing arguments from counsel and reviewing the record, the
trial court summarily dismissed the petition.  The appellant
challenges this dismissal.

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

STATE OF TENNESSEE
vs.
DUANE A. HEDRICK

Court:TCCA

Attorneys:

FOR THE APPELLANT:

JOHN EVERETT WILLIAMS
P. O. Box 468
Huntingdon, Tennessee 38344

FOR THE APPELLEE:
 
JOHN KNOX WALKUP
Attorney General and Reporter

ELIZABETH T. RYAN
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN  37243-0493

G. ROBERT RADFORD
District Attorney General

ELEANOR CAHILL
Assistant District Attorney General
P. O. Box 686
Huntingdon, Tennessee 38344
                          
Judge:RILEY

First Paragraph:

Appellant, Duane A. Hedrick, was indicted for the offense of vehicular
homicide and appeals, pursuant to Tenn. R. App. P. 9, from the denial
of pre-trial diversion and subsequent denial of certiorari by the
trial court.  Appellant complains that the prosecutor abused her
discretion in denying pre-trial diversion, and further complains he
was denied an adequate hearing on his petition for writ of certiorari
in violation of the due process provisions of the Tennessee and United
States Constitutions.  We affirm the judgment of the trial court.

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

GENE HIBBARD
vs.
HOWARD CARLTON, WARDEN,     
& STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

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

                                Randall E. Nichols
                                District Attorney General
                                City-County Building
                                Knoxville, TN 37902 
                          
Judge:SUMMERS

First Paragraph:

The appellant, Gene Hibbard, was convicted by a jury of two counts of
aggravated rape.  He was sentenced to thirty years incarceration in
the Tennessee Department of Correction.  He, thereafter, filed a
petition for habeas corpus relief.  In his petition he alleged that
his convictions were void because the indictments against him were
insufficient for failing to cite the applicable code section and
failing to allege a mens rea.  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 convictions
were not void on their face and that his sentence had not expired.  He
appeals this dismissal.  Upon review, we affirm.

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

DONALD WAYNE HOLT
vs.
HOWARD CARLTON and      
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:


KENNETH F. IRVINE, JR.              JOHN KNOX WALKUP
606 W. Main St., Suite 350          Attorney General & Reporter
P.O. Box 84
Knoxville, TN   37901-0084          SANDY R. COPOUS
                                    Asst. Attorney General
                                    450 James Robertson Pkwy.                               
                                    Nashville, TN  37243-0493
                
                                    DAVID CROCKETT
                                    District Attorney General
                                    Route 19, Box 99
                                    Johnson City, TN   37601
                                  
Judge:PEAY

First Paragraph:

The petitioner filed his petition for writ of habeas corpus on
September 18, 1996, alleging that his 1991 conviction for aggravated
rape is void because it is based upon an invalid indictment. 
Specifically, he claims that the indictment fails to allege the
necessary mens rea element and that his conviction must therefore be
reversed and dismissed pursuant to this Court's opinion in State v.
Roger Dale Hill, Sr., No. 01C01-9508-CC-00267, Wayne County (Tenn.
Crim. App. filed June 20, 1996, at Nashville).  The court below
summarily dismissed the defendant's petition, finding that it fails to
state a claim upon which relief could be granted.  The defendant now
appeals.  We affirm the judgment below.

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

STATE OF TENNESSEE
vs.
WILLIAM LYNN HOLT

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

LAWRENCE A. WELCH, JR.              JOHN KNOX WALKUP
1104 Tusculum Blvd., Ste. 101       Attorney General and Reporter
Greeneville, TN 37743
                                    CLINTON J. MORGAN
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243

                                    C. BERKELEY BELL
                                    District Attorney General

                                    ERIC D. CHRISTIANSEN
                                    Asst District Attorney
                                    113-J West Church Street
                                    Greeneville, TN 37743
                         
Judge:SMITH

First Paragraph:

A Greene County Criminal Court jury found Appellant, William Lynn
Holt, guilty of theft of property valued over $10,000 and under
$60,000.  Appellant was sentenced to six years in the Tennessee
Department of Correction and fined $10,000.

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

JERRY L. HUGHES
vs.
BILLY COMPTON, Warden

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:


JERRY HUGHES (pro se)               JOHN KNOX WALKUP
Register No. 111099                 Attorney General & Reporter
Rt. 1, Box 330
Tiptonville, TN   38079-9775        ELIZABETH T. RYAN
                                    Asst. Attorney General
                                    450 James Robertson Pkwy.                               
                                    Nashville, TN  37243-0493
                
                                    C. PHILLIP BIVENS
                                    District Attorney General
                                    P.O. Drawer E
                                    Dyersburg, TN   38024       
                                                      
Judge:PEAY

First Paragraph:

The petitioner filed his petition for writ of habeas corpus on
September 26, 1996, alleging that he is being illegally restrained
pursuant to a forty year sentence imposed in 1986 for two counts of
aggravated rape.  He contends that the underlying convictions are void
because they are based on an invalid indictment.  He alleges that the
indictment is invalid because neither count includes an allegation of
the mens rea element of the offense.  The petitioner relies on this
Court's opinion in State v. Roger Dale Hill, Sr., No.
01C01-9508-CC-00267, Wayne County (Tenn. Crim. App. filed June 20,
1996, at Nashville).  The court below summarily dismissed the
petition, and this appeal as of right followed.  We affirm.

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

LEONARD D. HUTCHISON
and JAMES HARPER
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEES:

JOHN KNOX WALKUP                ROBERT C. EDWARDS
Attorney General & Reporter     Attorney for Leonard D. Hutchinson
                                707 Market St.
MERRILYN FEIRMAN                Knoxville, TN 37902
Assistant Attorney General
Criminal Justice Division       RAYMOND A. SHIRLEY, JR.
450 James Robertson Parkway     Attorney for James Harper
Nashville, TN 37243-0493        603 Main Ave.
                                Knoxville, TN  37902

MICHAEL L. FLYNN
District Attorney General
5th Judicial District
PHILLIP H. MORTON
Assistant District Attorney General
363 Court St.
Maryville, TN 37804-5906
                          

Judge:WITT

First Paragraph:

The appellees, Leonard D. Hutchison and James Harper, were convicted
of  burglary of an automobile and assault with the intent to commit
second degree murder on November 1, 1985.  Hutchison had previously
been convicted of grand larceny in 1983 and  possession of burglary
tools in 1984.   Their convictions were affirmed on direct appeal. 
See State v, Harper and Hutchison, 753 S.W.2d 360 (Tenn. Crim. App.
1987), perm. app. denied (Tenn. Oct. 19, 1987).  Hutchison filed a
petition for post-conviction relief on August 29, 1988, and Harper
filed his petition on January 21, 1993.  Following an evidentiary
hearing on January 22, 1996, the trial court granted the defendants'
petitions finding that the state's failure to provide the defendants
with information about an exculpatory witness from the Federal Bureau
of Investigation that was material violated the rule of Brady v.
Maryland, 373 U.S. 83, 83 S.Ct. 1194 (1963), and that a reasonable
probability existed that had the evidence been disclosed to the
defendants, the result of the proceedings would have been different.

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

TIMOTHY WAYNE JOHNSON               
vs.
JAMES A. BOWLEN, WARDEN                 

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

TIMOTHY WAYNE JOHNSON       JOHN KNOX WALKUP
Pro Se                      Attorney General and Reporter
Route 4, Box 600
Pikeville, TN 37367         MICHAEL J. FAHEY, II
                            Assistant Attorney General
                            425 5th Avenue North
                            Nashville, TN 37243

                            J. MICHAEL TAYLOR
                            District Attorney General

                            JAMES W. POPE, III
                            Assistant District Attorney General
                            Corner of Third and Market
                            First American Bank Building
                            Suite 300
                            Dayton, TN 37321
                          
Judge:WELLES

First Paragraph:

The Petitioner, Timothy Wayne Johnson, appeals the trial court's order
denying him habeas corpus relief.  He was indicted for aggravated
rape, which led to his conviction.  He argues that his conviction is
void because the indictment charging him with the offense of
aggravated rape is fatally defective because it fails to allege the
requisite mens rea.  We affirm the judgment of the trial court
dismissing the petition.

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

LARRY LEONARD JOYNER, JR.
vs.
BILLY COMPTON, Warden

Court:TCCA

Attorneys:

FOR THE APPELLANT:                      FOR THE APPELLEE:


LARRY LEONARD JOYNER, JR. (pro se)      JOHN KNOX WALKUP
Register No. 135266                     Attorney General & Reporter
Rt. 1, Box 330
Tiptonville, TN   38079-9775            DEBORAH A. TULLIS
                                        Asst. Attorney General
                                        450 James Robertson Pkwy.                               
                                        Nashville, TN  37243-0493
                
                                        C. PHILLIP BIVENS
                                        District Attorney General
                                        P.O. Drawer E
                                        Dyersburg, TN   38024
                                                      
Judge:PEAY

First Paragraph:

The petitioner filed his petition for writ of habeas corpus on August
9, 1996, alleging that he is being illegally restrained by virtue of a
twenty year sentence imposed in 1990 for aggravated rape.  He contends
that the underlying conviction is void because it is based on an
invalid indictment.  He alleges that the indictment is invalid because
it does not include an allegation of the mens rea element of the
offense.  The petitioner relies on this Court's opinion in State v.
Roger Dale Hill, Sr., No. 01C01-9508-CC-00267, Wayne County (Tenn.
Crim. App. filed June 20, 1996, at Nashville).  The court below
summarily dismissed the petition, and this appeal as of right
followed.  We affirm.

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

STATE OF TENNESSEE
vs.
RICHARD ALLEN KIDD II

Court:TCCA

Attorneys:

FOR THE APPELLANT:                      FOR THE APPELLEE:

J. THOMAS MARSHALL, JR.                 JOHN KNOX WALKUP
District Public Defender                Attorney General & Reporter
            
NANCY MEYER                             CLINTON J. MORGAN
Asst. District Public Defender          Assistant Attorney General
101 S. Main St., Ste. 450               Criminal Justice Division
Clinton, TN  37716                      450 James Robertson Parkway
                                        Nashville, TN 37243-0493    

                                        JAMES N. RAMSEY
                                        District Attorney General

                                        JANICE G. HICKS
                                        Asst. District Atty General
                                        127 Anderson Co. Courthouse
                                        Clinton, TN  37716                          
Judge:WITT

First Paragraph:

The defendant, Richard Allen Kidd II, appeals his conviction of rape
following a jury trial in Anderson County Criminal Court.  Kidd is
currently serving a ten year sentence for his crime in the Department
of Correction.

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

WILLIE JOSEPH LAGANO
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

N. Andy Myrick, Jr.             John Knox Walkup
116 West Market Street          Attorney General of Tennessee
Fayetteville, TN 37334              and             
                                Elizabeth B. Marney
                                Asst Attorney General of Tennessee                  
                                450 James Robertson Parkway     
                                Nashville, TN 37243-0493

                                W. Michael McCown
                                District Attorney General
                                    and
                                Weakley E. Barnard
                                Asst District Attorney General
                                215 E. College Street
                                P.O. Box 904
                                Fayetteville, TN 37334
                          
Judge:Tipton

First Paragraph:

The petitioner, Willie Joseph Lagano, appeals as of right from the
judgment of the Lincoln County Circuit Court denying him
post-conviction relief.  He was convicted in September 1995 upon his
guilty pleas for the offenses of aggravated burglary, a Class C
felony, and theft of property worth over one thousand dollars, a Class
D felony.  He was sentenced to six and three years, respectively, to
be served concurrently to each other but consecutively to a revoked
suspended sentence of four years.  He contends that his pleas resulted
from the ineffective assistance of counsel and were not knowingly and
voluntarily entered.  We disagree.

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

SCOTTIE RAY LASTER
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

RUSSELL MATTOCKS                    JOHN KNOX WALKUP
Public Defender                     Attorney General and Reporter
1609 College Park Drive, Box 11
Morristown, TN 37813-1618           CLINTON J. MORGAN
                                    Assistant Attorney General
                                    425 5th Avenue North
                                    Nashville, TN 37243

                                    C. BERKELEY BELL
                                    District Attorney General

                                    DOUG GODBEE
                                    District Attorney General
                                    Main Street, Courthouse
                                    Rogersville, TN 37857                          

Judge:WELLES

First Paragraph:

The Petitioner, Scottie Ray Laster, appeals pursuant to Rule 3 of the
Tennessee Rules of Appellate Procedure the trial court's denial of his
petition for post-conviction relief.  He argues (1) That the guilty
pleas he entered were unlawfully induced because (a) counsel for the
Petitioner accepted a plea agreement without the Petitioner's consent,
and (b) counsel never told him he had the right to refuse to enter the
guilty pleas; and (2) that his convictions were based on an indictment
issued by a grand jury that was unconstitutionally selected and
impaneled.  We affirm the judgment of the trial court.

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

MARCUS N. LEWIS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For the Appellant:                  For the Appellee:

Leslie M. Jeffress                  John Knox Walkup
1776 Riverview Tower                Attorney General and Reporter
900 S. Gay Street                           
Knoxville, TN 37902                 Peter M. Coughlan           
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493


                                    Randall E. Nichols
                                    District Attorney General

                                    Robert L. Jolley, Jr.
                                    Assistant District Attorney
                                    City-County Building, Suite 168
                                    400 Main Avenue
                                    Knoxville, TN 37901
                          
Judge:Barker

First Paragraph:

The appellant, Marcus N. Lewis, appeals as of right the dismissal by
the Knox County Criminal Court of his petition for post-conviction
relief.  On appeal, he argues that the trial court erred in dismissing
his petition without an evidentiary hearing.  Pursuant to Tennessee
Court of Criminal Appeals Rule 20, we affirm the trial court's order
of dismissal.

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

ALLEN GARY LORD         
aka GARY ALLEN LORD
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

Neal L. Thompson                    John Knox Walkup
615 Lindsay Street, Suite 150       Attorney General & Reporter
Chattanooga, TN 37403
                                    Michael J. Fahey, II
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493
                                            
                                    William H. Cox, III
                                    District Attorney General
                        
                                    Yolanda Mitchell
                                    Asst District Attorney General
                                    Courts Building, Suite 300
                                    Chattanooga, TN 37402
                                                  
Judge:SUMMERS

First Paragraph:

The appellant, Allen Gary Lord, alias Gary Allen Lord, appeals the
denial of his request for post-conviction relief.  The appellant was
convicted in March 1993 of second degree murder and abuse of a corpse.
 He was sentenced to consecutive sentences of twenty-two years for
murder and six years, as a career offender, for abuse of a corpse.  On
direct appeal this Court affirmed his convictions.  In 1996, the
post-conviction court denied the request for relief.

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

STATE OF TENNESSEE
vs.
WESLEY  CHRISTOPHER PITTMAN

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  
Jerry H. Summers
Attorney at Law
500 Lindsay Street
Chattanooga, Tn. 37403
    
FOR THE APPELLEE:

Charles W. Burson
Attorney General and Reporter
Darian B. Taylor
Assistant Attorney General
450 James Robertson Parkway
Nashville, Tn. 37243  

William H. Cox
District Attorney General
H. C. Bright
Assistant District Attorney
Courts Building
Chattanooga, Tn.  37402                          

Judge:LEE

First Paragraph:

The defendant, Wesley Christopher Pittman, was originally indicted for
first degree murder in the shooting death of the victim Johnny Labron
Walker. Upon agreement with the state, the defendant was allowed to
enter a best interest, nolo contendere plea to a reduced charge of
voluntary manslaughter.  The Defendant was sentenced by the trial
court to the maximum sentence of six years as a Range I Standard
Offender.  All forms of alternative sentencing were denied.  The
defendant now appeals both the length of his sentence and the denial
of alternative sentencing.

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

ABEL RODRIQUEZ, JR.
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

Abel Rodriquez, Jr., Pro Se         John Knox Walkup
Northeast Correctional Center       Attorney General & Reporter
P.O. Box 500                        500 Charlotte Avenue
Mountain City, TN 37653-0500        Nashville, TN 37243-0497
                            
                                    Timothy F. Behan
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    C. Berkley Bell
                                    District Attorney General
                                    109 South Main Street
                                    Greeneville, TN 37743
                         
Judge:Jones

First Paragraph:

The appellant, Abel Rodriquez, Jr. (petitioner), appeals as of right
from a judgment of the trial court summarily dismissing his action for
post-conviction relief.  The trial court found the action was barred
by the statute of limitations.  The petitioner contends the time
should be calculated from the time this court's opinion in State v.
Roger Dale Hill, Sr., Wayne County No. 01-C-01-9508-CC-00267 (Tenn.
Crim. App., Nashville, June 20, 1996), was filed -- not from the date
of his conviction.  He argues Hill created new law, and the indictment
in his case, like the indictment in Hill, was void because it did not
allege the requisite mens rea.

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

DARRELL DOUGLAS SHEETS
vs.
HOWARD CARLTON,     
WARDEN, and         
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

DARRELL D. SHEETS           JOHN KNOX WALKUP
Pro Se                      Attorney General and Reporter
P.O. Box 5000
Mountain City, TN 37683     MICHAEL J. FAHEY
                            Assistant Attorney General
                            425 5th Avenue North
                            Nashville, TN 37243

                            C. BERKELEY BELL
                            District Attorney General
                            Route 19, Box 99
                            Johnson City, TN 37601
                          
Judge:WELLES

First Paragraph:

The Petitioner, Darrell Douglas Sheets, appeals the trial court's
order denying him habeas corpus relief.  He was indicted for and
convicted of aggravated rape.  He argues that his conviction is void
because the indictment charging him with the offense of aggravated
rape is fatally defective because it failed to allege the requisite
mens rea.  We affirm the judgment of the trial court dismissing the
petition.

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

STATE OF TENNESSEE
vs.
BENNY SLUDER

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

Walter B. Johnson, II               John Knox Walkup
Assistant Public Defender           Attorney General & Reporter
P.O. Box 334                        500 Charlotte Avenue
Harriman, TN 37748-0334             Nashville, TN 37243-0497

OF COUNSEL:                         Eugene J. Honea
                                    Assistant Attorney General
Joe H. Walker                       450 James Robertson Parkway
District Public Defender            Nashville, TN 37243-0493
P.O. Box 334                        
Harriman, TN 37748-0334             Charles E. Hawk
                                    District Attorney General
                                    P.O. Box 703
                                    Kingston, TN 37763-0703

                                    Frank A. Harvey
                                    Asst District Attorney General
                                    P.O. Box 703
                                    Kingston, TN 37763-0703
                          
Judge:Jones

First Paragraph:

This court previously rendered an opinion in this case.  The opinion
was filed in Knoxville on February 12, 1997.  The appellant, Benny
Sluder (defendant), filed a Rule 11, Tennessee Rules of Appellate
Procedure, application for permission to appeal in the supreme court. 
The application was granted and the cause remanded to this court with
instructions to consider whether the trial court properly ordered the
defendant to serve his sentence consecutively to the sentence he was
serving when he committed the offense.  After a thorough examination
of the record, the briefs of the parties, and the law governing the
issue presented for review, it is the opinion of this court that the
judgment of the trial court should be affirmed.

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

STATE OF TENNESSEE
vs.
WANDA STANLEY and           
JEFF LILLARD                

Court:TCCA

Attorneys:

FOR THE APPELLANTS:                 FOR THE APPELLEE:


CARL R. OGLE, JR.                   JOHN KNOX WALKUP
P.O. Box 129                        Attorney General & Reporter
Jefferson City, TN  37760
                                    MICHAEL J. FAHEY, II                                    
                                    Asst. Attorney General
                                    450 James Robertson Pkwy.
                                    Nashville, TN  37243-0493

                                    AL C. SCHMUTZER, JR.
                                    District Attorney General

                                    RICHARD VANCE
                                    Asst. District Attorney General
                                    339A East Main St.
                                    Newport, TN  37821                            

Judge:PEAY

First Paragraph:

In the spring of 1995, the defendants were indicted by presentment on
charges relating to assisting two escaped felons.  Wanda Stanley was
indicted on two counts of harboring a fugitive and two counts of
providing aid to a fugitive.  Her boyfriend, Jeff Lillard, was also
indicted on two counts of providing aid to a fugitive.  A jury found
both defendants guilty of each charge.  After a hearing, both
defendants received two year sentences on each conviction.  The trial
court ordered the defendants to eighteen months incarceration in the
Tennessee Department of Correction and six months of supervised
probation for each conviction.  The sentences were ordered to run
concurrently.

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

BILLY FARRELL WADDELL
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

Billy Farrell Waddell, Pro Se       John Knox Walkup
P.O. Box 2000                       Attorney General & Reporter 
Wartburg, TN 37887
                                    Peter M. Coughlan  
                                    Assistant Attorney General
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    Randall E. Nichols
                                    District Attorney General
                                    City-County Building
                                    Knoxville, TN 37902
                              
Judge:SUMMERS

First Paragraph:

The appellant, Billy Farrell Waddell, pled guilty to possession of
narcotics.  Thereafter, he filed a petition seeking post-conviction
relief alleging that his guilty plea was not knowingly or voluntarily
entered.  Also, he challenges his sentence as a habitual criminal.  He
contends that his previous offenses, committed before the enactment of
the habitual criminal statute, cannot constitutionally be used to
enhance his sentencing status.  The post conviction hearing court
dismissed the petition.  He appeals this dismissal.

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

STATE OF TENNESSEE
vs.
JERRY LYNN WALDE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

LU ANN BALLEW                       JOHN KNOX WALKUP
Assistant Public Defender           Attorney General and Reporter
P. O. Box 416
Dandridge, TN  37725-0416           TIMOTHY F. BEHAN
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493

                                    AL SCHMUTZER, JR.
                                    District Attorney General

                                    JAMES L. GASS
                                    Assistant District Attorney
                                    P. O. Box 70
                                    Dandridge, TN  37725-0070
                                                              
Judge:SMITH

First Paragraph:

A Sevier County Circuit Court jury found Appellant Jerry Lynn Walde
guilty of three counts of aggravated sexual battery.  As a Range I
standard offender, he received a sentence of eleven years for each
count.  The trial court ordered two of the sentences served
concurrently but the third served consecutively, for an effective
sentence of twenty-two years in the Tennessee Department of
Correction.  In this direct appeal, Appellant presents the following
issues for review: (1) whether the State failed to timely present his
case to a grand jury; (2) whether the State violated his right to a
speedy trial; (3) whether the trial court erred in admitting his
statement to authorities in its entirety; (4) whether the trial court
erred in limiting defense counsel's voir dire of the jury; (5) whether
the evidence presented at trial is legally sufficient to sustain a
conviction for the January 9, 1995 aggravated sexual battery; (6)
whether the trial court erred in failing to require the State to make
an election as to the set of facts relied upon for each charged
offense; and (7) whether the sentence is excessive.

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

STATE OF TENNESSEE
vs.
MICHELE WAYMAN

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

Edward C. Miller                John Knox Walkup
Public Defender                 Attorney General & Reporter
P.O. Box 416
Dandridge, TN 37725             Marvin E. Clements, Jr.
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493
                                            
                                Al Schmutzer, Jr.
                                District Attorney General
                        
                                Charles Atchley, Jr.
                                Asst District Attorney General
                                Sevier County Courthouse
                                Sevierville, TN 37862
                                      
Judge:SUMMERS

First Paragraph:

In 1996 the appellant, Michele Wayman, was charged in Grainger County
with theft over $1,000, altering a vehicle identification number
(VIN), and possession of a motor vehicle with an altered VIN.  The
appellant pled guilty to each charge.  Pursuant to a plea agreement,
the appellant received a sentence of eighteen months for altering a
VIN, which is a class E felony; a sentence of three years for theft
over $1,000, which is a class D felony; and a sentence of eleven
months and twenty-nine days for possession of a vehicle with an
altered VIN, which is a class A misdemeanor.  All three sentences were
ordered to be served concurrently and to be served in the Community
Corrections Program.  At her plea hearing, the appellant requested
judicial diversion; but the trial court denied the request.

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

TIMOTHY WELLS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

TIMOTHY WELLS                   JOHN KNOX WALKUP
Pro Se                          Attorney General and Reporter
Carter County Work Camp
Caller #1                       PETER M. COUGHLAN
Roan Mountain, TN 37687         Assistant Attorney General
                                425 5th Avenue North
                                Nashville, TN 37243

                                JERRY N. ESTES
                                District Attorney General
                                Washington Avenue
                                Athens, TN 37303
                        
Judge:WELLES

First Paragraph:

The Petitioner, Timothy Wells, appeals as of right pursuant to Rule 3
of the Tennessee Rules of Appellate Procedure from the trial court's
denial of his petition for post-conviction relief.  The Petitioner
filed a petition for post-conviction relief on June 11, 1996.  On July
8, 1996, the trial court dismissed the petition without conducting an
evidentiary hearing.  Although on different grounds than relied upon
by the trial judge, we affirm the judgment of the trial court.

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

RICKY LEE WOMAC
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

Ricky Lee Womac, Pro Se         John Knox Walkup
Northeast Correctional Center   Attorney General & Reporter 
P.O. Box 5000
Mountain City, TN 37683         Peter M. Coughlan 
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                Jerry N. Estes 
                                District Attorney General
                                203 E. Madison Avenue
                                P.O. Box 647
                                Athens, TN 37371        
                          

Judge:SUMMERS

First Paragraph:

The appellant, Ricky Lee Womac, was convicted of facilitation to
commit first degree murder.  On direct appeal his conviction was
affirmed by this Court.  Thereafter, the appellant filed a petition
seeking post-conviction relief.  The trial court summarily dismissed
the petition without an evidentiary hearing finding the allegations,
even if taken as true, did not state a claim upon which relief could
be granted.   Approximately forty-seven days after the trial court's
dismissal became final, the appellant filed a notice of appeal to this
Court.  Upon review, we affirm.

URL:http://www.tba.org/tba_files/TCCA/womacric_opn.WP6

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