TBALink Opinion-Flash

January 13, 1998 -- Volume #4 -- Number #008

Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.

This Issue (IN THIS ORDER):
00-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
01-New Opinons From TCA
10-New Opinons From TCCA

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George Dean
TBALink Chief Editor


M & M PROPERTIES
VS.
ANNA RUTH MAPLES, et al.

Court:TCA

Attorneys: 

PHILIP NEMETH OF GATLINBURG; FRANK B. BIRD and L. LEE KULL OF
MARYVILLE FOR APPELLANTS

DUDLEY W. TAYLOR OF KNOXVILLE and DONALD B. OAKLEY OF MORRISTOWN FOR
APPELLEE
                         
Judge:Goddard

First Paragraph:

This is a suit for declaratory judgment brought by 
M & M Properties, a general partnership, against Anna Ruth Maples and
her daughter, Dorothy Maples Roberts, seeking a determination that the
lease held by M & M Properties as to a certain tract in Gatlinburg,
sometimes denominated in the record as "the Extended Lease," expires
on December 31, 2034, rather than April 1, 2018, the termination date
of the original lease as to the tract in question.

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

STATE OF TENNESSEE
VS.
MYRON GARMON

Court:TCCA

Attorneys: 

For Appellant:                      For Appellee:

Tony N.  Brayton                    John Knox Walkup
Assistant Public Defender           Attorney General and Reporter
201 Poplar Avenue, Suite 2-01               
Memphis, TN  38103                  Timothy F. Behan
(on appeal)                         Assistant Attorney General
                                    450 James Robertson Parkway
Leslie Mozingo                      Nashville, TN  37243-0493
Assistant Public Defender   
201 Poplar Avenue, Suite 2-01       David Henry 
Memphis, TN  38103                  Asst District Attorney General
(at trial)                          201 Poplar Avenue, Third Floor
                                    Memphis, TN  38103
Of Counsel:

A.C. Wharton                
Shelby County Public Defender 
                         
Judge:WADE

First Paragraph:

The defendant, Myron Garmon, was convicted of one count of aggravated
sexual battery.  The trial court imposed a twelve-year sentence to be
served consecutively to sentences imposed in the State of Arkansas. 
In this appeal of right, the defendant claims that the evidence was
insufficient to corroborate his confession; he also argues that the
trial court should have sustained the defendant's motion to dismiss
for the state's failure to try the case within one hundred-eighty days
from his request for trial.

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

STATE OF TENNESSEE
VS.
ROBERT L. HARDY

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

Gale K. Flanary                     John Knox Walkup
Assistant Public Defender           Attorney General & Reporter
P.O. Box 839                        500 Charlotte Avenue
Blountville, TN 37617-0839          Nashville, TN 37243-0497

OF COUNSEL:                         Timothy F. Behan
                                    Assistant Attorney General
Stephen M. Wallace                  450 James Robertson Parkway
District Public Defender            Nashville, TN 37243-0493
P.O. Box 839
Blountville, TN 37617-0839          H. Greeley Wells, Jr.
                                    District Attorney General
                                    P.O. Box 526
                                    Blountville, TN 37617-0526

                                    Gregory A. Newman
                                    Asst District Attorney General
                                    P.O. Box 526
                                    Blountville, TN 37617-0526
                         

Judge:Jones

First Paragraph:

The sole issue presented for review is whether the State of Tennessee
was barred  pursuant to Rule 8(a), Tennessee Rules of Criminal
Procedure, from prosecuting the appellant, Robert L. Hardy
(defendant), because the state failed to join the offenses in this
case with the offenses committed thirty days prior in time to the
present offenses.  The trial court ruled the offenses in this case
were "not part of the same conduct or part of the same criminal
episode," and these offenses were not "known to the appropriate
prosecuting authority" at the time the prior indictment was returned
by the Sullivan County Grand Jury.  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/hardyrl_opn.WP6
Opinion-Flash

ROGER LEE KIMMEL
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

Roger Lee Kimmel, Pro Se            Charles W. Burson
P. O. Box 1000                      Attorney General and Reporter
Henning, TN  38041-1000 
                                    Kenneth W. Rucker
                                    Assistant Attorney General                              
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
                                    William David Bridgers
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243
                         
Judge:Hayes

First Paragraph:

The appellant, Roger Lee Kimmel, appeals the Shelby County Criminal
Court's dismissal of his pro se application for writ of habeas corpus.
 In 1996, a Lake County Grand Jury returned a two count indictment
charging the appellant with the offenses of rape of a child and
aggravated sexual battery.  On March 25, 1996, the appellant pled
guilty to the offense of aggravated sexual battery and was sentenced
to eight years in the Department of Correction.  The appellant is
currently incarcerated at the Mark H. Luttrell Reception Center in
Memphis.

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

STATE OF TENNESSEE
VS.
WILLIAM JAMES LOGAN

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

Heiskell Winstead               John Knox Walkup
205 Highway 66 South            Attorney General of Tennessee
Rogersville, TN 37857               and             
                                Peter M. Coughlan
                                Asst Attorney General of Tennessee                  
                                450 James Robertson Parkway     
                                Nashville, TN 37243-0493

                                C. Berkeley Bell, Jr.
                                District Attorney General
                                113J W. Church Street
                                Greeneville, TN 37743
                                    and
                                Douglas Godbee
                                Asst District Attorney General
                                Hawkins County Courthouse
                                Rogersville, TN 37857                          

Judge:Tipton

First Paragraph:

The defendant, William James Logan, appeals as of right from his 
convictions by a jury in the Criminal Court for Hawkins County for
possession of less than .5 grams of cocaine with the intent to sell
and tampering with evidence, both Class C felonies.  As a Range I,
standard offender, the defendant received concurrent six-year
sentences.  He contends that there is insufficient evidence to support
his convictions.  We affirm the judgment of the trial court.

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

PERRY McDONALD
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For the Appellant:                  For the Appellee:

Perry McDonald, Pro Se              John Knox Walkup
Northeast Correctional              Attorney General and Reporter
 Center, No. 240535 
P. O. Box 5000                      Timothy F. Behan
Mountain City, TN  37683-5000       Assistant Attorney General                              
									Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
                          
Judge:Hayes

First Paragraph:

The appellant, Perry McDonald, appeals the judgment of the trial court
summarily dismissing his petition for post-conviction relief.  His
petition alleges that he is currently serving an effective sentence of
seventy-six years imprisonment following his convictions for
especially aggravated kidnapping, aggravated rape, aggravated robbery,
two counts of aggravated burglary, and theft.  Judgments of conviction
were entered on October 10, 1994, following the appellant's guilty
pleas to these offenses.  In his pro se petition, he alleges as
grounds for relief: (1) involuntary guilty pleas; (2) ineffective
assistance of counsel; and (3) defective indictment.  The trial court
found the appellant's claims barred by the statute of limitations. 
The appellant appeals from this ruling.

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

EARL THOMAS MITCHELL, JR.
VS.
HOWARD CARLTON, Warden, 
and STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:                      For the Appellee:

Earl Thomas Mitchell, Jr., Pro Se       John Knox Walkup
T.D.OC. #106783                         Atty General and Reporter
N.E.C.C.    
Post Office Box 5000                    Peter M. Coughlan   
Mountain City, TN  37683-5000           Asst Attorney General                               
										Criminal Justice Division
                                        450 James Robertson Parkway
                                        Nashville, TN 37243-0493                
                                                 
Judge:Hayes

First Paragraph:

The appellant, Earl Thomas Mitchell, Jr., appeals the denial of his
petition for the writ of habeas corpus.  Upon review, we affirm the
judgment of the trial court.

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

STATE OF TENNESSEE
VS.
JOHN PARKER ROE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

Wayne Emmons                    John Knox Walkup
2502 Mt. Moriah Rd., A100       Attorney General & Reporter
Memphis, TN 38115                       

Edward Witt Chandler            Deborah A. Tullis
Chandler Law Firm               Assistant Attorney General
2502 Mt. Moriah Rd., A100       Cordell Hull Bldg., 2d Floor
Memphis, TN 38115               425 Fifth Avenue North
                                Nashville, TN 37243     

                                William L. Gibbons
                                District Attorney General
                        
                                Thomas D. Henderson
                                Karen Cook
                                Asst District Attorneys General
                                Criminal Justice Complex, Ste 301
                                201 Poplar Avenue
                                Memphis, TN 38103
                          
Judge:SUMMERS

First Paragraph:

The appellant, John Parker Roe, was convicted by a jury of first
degree murder for killing his wife, Lisa Michelle Trainor Roe.  Judge
Jon Kerry Blackwood sentenced the appellant to life in prison.

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

STATE OF TENNESSEE
VS.
JOHN W. THOMAS

Court:TCCA

Attorneys:

For Appellant:                      For Appellee:

Walker Gwinn                        John Knox Walkup
Assistant Public Defender           Attorney General and Reporter
201 Poplar Avenue, Suite 2-01           
Memphis, TN  38103                  Kenneth W. Rucker 
(on appeal)                         Assistant Attorney General
                                    Criminal Justice Division
J.T. Harris                         450 James Robertson Parkway
Assistant Public Defender           Nashville, TN  37243-0493
201 Poplar Avenue, Suite 2-01
Memphis, TN  38103                  Terrell L. Harris 
(at sentencing hearing)             Asst District Attorney General
                                    Criminal Justice Complex 
Of Counsel:                         201 Poplar Ave, Third Floor                 
                                    Memphis, TN  38103
A.C. Wharton, Jr.                      
Shelby County Public Defender
                          
Judge:WADE

First Paragraph:

The defendant, John W. Thomas, pled guilty to two separate violations
of the order declaring him a motor vehicle habitual offender.  The
trial court imposed concurrent, Range III sentences of five years for
each of the two Class E felonies; the workhouse sentence is to be
served in the Shelby County Corrections Center.

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

CAVIOUS M. WATKINS
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For Appellant:              For Appellee:

Garland Erguden             John Knox Walkup
Attorney                    Attorney General and Reporter
242 Poplar Avenue           
Memphis, TN  38103          Clinton J. Morgan               
                            Counsel for the State 
                            450 James Robertson Parkway
                            Nashville, TN  37243-0493

                            Janet Shipman
                            Asst District Attorney General
                            201 Poplar Avenue, Third Floor
                            Memphis, TN  38103

                          
Judge:WADE

First Paragraph:

The defendant, Cavious M. Watkins, appeals the trial court's denial of
his petition for post-conviction relief.  In this appeal of right, the
defendant contends that his pleas were neither knowingly nor
voluntarily made due to the ineffective assistance of counsel.  We
find no error and affirm the judgment of the trial court.

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

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