TBALink Opinion-Flash

February 9, 1998 -- Volume #4 -- Number #025

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
17-New Opinons From TCA
09-New Opinons From TCCA

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George Dean
TBALink Chief Editor


RICKYE D. ANDERSON
vs.
L. LOIS ANDERSON

Court:TCA

Attorneys:

JAY B. JACKSON
Murfreesboro, Tennessee
Attorney for Appellant

THOMAS D. FROST
Murfreesboro, Tennessee
Attorney for Appellee
                          
Judge:HIGHERS

First Paragraph:

Rickye D. Anderson (the Father) appeals the trial court's order
denying his petition to reduce his child support payments to his
ex-wife, L. Lois Anderson (the Mother), and ordering him to pay a
portion of the Mother's attorney's fees.  We affirm.

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

MANUEL BRANCH, JR.
vs.
RODNEY McCROSKEY and GOVERNOR   
JOHN SEVIER MEMORIAL            
ASSOCIATION

Court:TCA

Attorneys: 

ROBERT L. OGLE, JR., Ogle & Wallace, P.C., Sevierville, for Appellant.

BRIAN H. TRAMMEL, Kennerly, Montgomery & Finley, P.C., Knoxville, for
Appellees.
                         
Judge:McMurray

First Paragraph:

In this action, the appellant (plaintiff) sought a recovery for
damages sustained to his pickup truck, lost earnings and related
expenses caused by a collision between his vehicle and a horse
belonging to the defendant, Rodney McCroskey.  The accident occurred
in the plaintiff's lane of travel on a public road, generally referred
to as the Governor John Sevier Highway.  The defendant, Rodney
McCroskey, filed a cross-claim against the defendant, Governor John
Sevier Memorial Association.  He, however,  was permitted to take a
voluntary non-suit.  The case was tried before a jury and resulted in
a verdict for the appellees (defendants) in the original action. 
Judgment for the defendants was duly entered on the verdict.  The
plaintiff filed a motion for a judgment notwithstanding the verdict
(JNOV) or in the alternative for a new trial.  The motion was
overruled and this appeal resulted.  We affirm the judgment of the
trial court.

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

JOEY BROWN, as next friend      
and natural guardian of         
MITCHELL W. BROWN
vs.
WAL-MART DISCOUNT CITIES

Court:TCA

Attorneys:

W. CHARLES DOERFLINGER
P. O. Box 692
8 Public Square
Lawrenceburg, TN 38464
    Attorney for Plaintiff/Appellee

TRACY SHAW
CAROLYN E. UNDERWOOD
300 James Robertson Parkway
Court Square Building
Nashville, TN 37201-1107
    Attorney for Defendant/Appellant
                          
Judge:CANTRELL

First Paragraph:

In this slip and fall case in which a child slipped on some ice cubes
in the vestibule of a large department store, the jury returned a
verdict for the plaintiff but attributed 70 % of the fault to the
unknown person who placed or dropped the ice on the floor.  Ruling on
a post-trial motion, the trial judge held that the store's fault was
100% because the plaintiff could not sue the unknown tortfeasor.  On
appeal, the defendant asserts that there is no evidence to support the
verdict and that the trial judge erred in modifying the jury's verdict
with respect to the degree of fault.  We find that there is evidence
from which the jury could have found that the store was negligent and
that the store cannot attribute part of the fault to the unknown
tortfeasor.  We, therefore, affirm the lower court's judgment.

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

CITIZENS FOR COLLIERVILLE, INC.,
A Tennessee Corporation
vs.
TOWN OF COLLIERVILLE, TN,       
a municipal corp., HERMAN W. COX,   
JR., in his capacity as Mayor and   
Member of the Board of Mayor and    
Aldermen of the Town of Collierville,   
Tennessee, H. THOMAS BROOKS,    
SIDNEY E. TURNIPSEED and JIMMY  
A. LOTT, in their capacities as         
Members of the Board of Aldermen    
of the Town of Collierville,        
Tennessee and BAPTIST MEMORIAL  
HOSPITAL

Court:TCA

Attorneys:

DAVID M. WALDROP
McNABB, HOLLEY & WALDROP, PLLC
Memphis, Tennessee
Attorney for Appellant

M. ANDERSON COBB, JR.
MICHAEL F. RAFFERTY
HARRIS, SHELTON, DUNLAP & COBB, L.L.P.C.
Memphis, Tennessee
Attorneys for Appellee Baptist Memorial Hospital

HOMER B. BRANAN, III
BRIAN L. KUHN
FARRIS, MATTHEWS, GILMAN, BRANAN & HELLEN, P.L.C.
Memphis, Tennessee
Attorneys for Defendants-Appellees Town of Collierville,
Herman W. Cox, Jr., H. Thomas Brooks, Sidney E. Turnipseed
and Jimmy A. Lott                          

Judge:HIGHERS

First Paragraph:

Plaintiff/Appellant, Citizens for Collierville ("CFC") appeals from
the order of the Chancery Court of Shelby County, Tennessee, which
declared valid the decision of the  Board of Mayor and Aldermen of the
Town of Collierville approving of Resolution 96-35 with respect to the
application of Baptist Memorial Hospital ("BMH") for a planned
development pursuant to the Town of Collierville's zoning ordinance. 
For reasons stated hereinafter, we affirm the judgment of the trial
court.

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

STATE OF TENNESSEE, DEPARTMENT  
OF HUMAN SERVICES
vs.
SYLVIA FETTEROLF FORD
and     
STANLEY FETTEROLF
    Respondent/Appellant,   
In the Matter of:   
Stanley James Fetterolf, DOB    07/17/81    
Teresa Diane Fetterolf, DOB     07/26/82    
David Michael Fetterolf, DOB    09/20/84    
Daniel Wayne Fetterolf, DOB     11/06/85    
John Mark Wayne Fetterolf, DOB  05/28/88    
Samuel Swayne Fetterolf, DOB    04/05/90    
Daniela Jordan Fetterolf, DOB   04/15/92

Court:TCA
                      
Judge:CANTRELL

First Paragraph:

The State of Tennessee filed a petition to rehear in the above styled
case on November 24, 1997.  The State contends this court should
rehear the case pursuant to Rule 39 of the Tennessee Rules of
Appellate Procedure.  Specifically, it contends our decision 1)
conflicts with existing case law, 2) conflicts with a principle of
law, and 3) overlooks a material fact upon which the parties were not
heard.  It is the opinion of this court that the motion is not well
taken and, therefore, should be denied.

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

STATE OF TENNESSEE, DEPARTMENT  
OF HUMAN SERVICES
vs.
SYLVIA FETTEROLF FORD
and     
STANLEY FETTEROLF
    Respondent/Appellant,   
In the Matter of:   
Stanley James Fetterolf, DOB    07/17/81    
Teresa Diane Fetterolf, DOB     07/26/82    
David Michael Fetterolf, DOB    09/20/84    
Daniel Wayne Fetterolf, DOB     11/06/85    
John Mark Wayne Fetterolf, DOB  05/28/88    
Samuel Swayne Fetterolf, DOB    04/05/90    
Daniela Jordan Fetterolf, DOB   04/15/92    

Court:TCA
                        
Judge:CANTRELL

First Paragraph:

The State of Tennessee filed a petition to rehear in the above styled
case on November 24, 1997.  The State contends this court should
rehear the case pursuant to Rule 39 of the Tennessee Rules of
Appellate Procedure.  Specifically, it contends our decision 1)
conflicts with existing case law, 2) conflicts with a principle of
law, and 3) overlooks a material fact upon which the parties were not
heard.  It is the opinion of this court that the motion is not well
taken and, therefore, should be denied.

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

GINA FRANKLIN, et al
vs.
ALLIED SIGNAL, INC.

Court:TCA

Attorneys: 

THOMAS K. McALEXANDER
HILL BOREN, P.C.
Jackson, Tennessee
Attorney for Appellant

JEFFREY L. LAY
FARMER, JONES, HAMILTON & LAY
Dyersburg, Tennessee
Attorney for Appellee
                         
Judge:HIGHERS

First Paragraph:

This appeal involves a suit filed by plaintiffs, Gina ("Mrs.
Franklin") and Barnee Franklin ("the Franklins"), against defendant,
Allied Signal, Inc. ("Allied"), for personal injuries sustained when
Mrs. Franklin tripped and fell on Allied's premises on a metal loading
ramp which protruded above the dock floor by one to two inches.  The
trial court granted Allied's motion for summary judgment.  The
Franklins appeal and pose the following issues for our consideration:
(1) whether the trial court committed error in granting the
defendant's motion for summary judgment; and (2) whether the "open and
obvious rule" bars plaintiff's recovery or is only a factor to be
considered in assessing comparative negligence.  For reasons stated
hereafter, we reverse the judgment of the trial court and remand.

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

HOMEBOUND MEDICAL CARE OF       
SOUTHEAST TENNESSEE, INC.
vs.
HOSPITAL STAFFING SERVICES OF   
TENNESSEE, INC., EDWARD WARREN, 
JEANINE WARREN, NANCY HYDE, ALL 
CARE PROFESSIONAL SERVICES, AND 
STELLA MESSER

Court:TCA

Attorneys:

KYLE E. HEDRICK, Chattanooga, for Appellant.

GARY R. PATRICK, Patrick, Beard & Richardson, P.C., Chattanooga, for
appellees.
                          
Judge:McMurray

First Paragraph:

This is an action whereby the plaintiff seeks to enforce a covenant
not to compete in an employment agreement between the defendant,
Warren, and the plaintiff.  The defendants moved for summary judgment.
 The motion did not set out any grounds for relief but simply stated
that defendants "file this motion for Summary Judgment, pursuant to
Rule 56 of the Tennessee Rules of Civil Procedure" and referred the
court to grounds stated in their brief in support of the motion.  The
brief is not included in the record.  Apparently, the parties did not
make a designation of record and the Clerk of the court correctly
omitted the brief pursuant to Rule 24, Tennessee Rules of Appellate
Procedure.

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

WILMA JEAN LAMPLEY
vs.
GORDON RAY LAMPLEY

Court:TCA

Attorneys:

Honorable Virginia Lee Story
136 Fourth Avenue, South
P.O. Box 1608
Franklin, TN 37065-1608
ATTORNEY FOR PLAINTIFF/PETITIONER/RESPONDENT

Honorable Ernest W. Williams
Honorable J. Russell Heldman
320 Main Street, Suite 101
Franklin, TN 37064
ATTORNEYS FOR DEFENDANT/RESPONDENT/PETITIONER
                          
Judge:TODD

First Paragraph:

This is a post-divorce decree proceeding in which the defendant
husband has appealed from an unsatisfactory disposition of his counter
petition to terminate alimony.

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

STATE OF TENNESSEE              
DEPARTMENT OF CHILDREN'S SERVICES
vs.
ANNA PATRICIA MALONE
IN THE MATTER OF:               
    WILLARD FILLMORE REDNOWER   
    JESSIE MAE REDNOWER

Court:TCA

Attorneys:

For Appellant                   For Appellee

DOROTHY M. RAY                  JOHN KNOX WALKUP
Buck & Ray, PLLC                Attorney General & Reporter
Chattanooga, Tennessee
                                DOUGLAS EARL DIMOND
                                Assistant Attorney General
                                General Civil Division
                                Nashville, Tennessee

                          
Judge:Susano

First Paragraph:

The trial court's judgment terminated the parental rights of Anna
Patricia Malone ("Mother") in and to her children, Willard Fillmore
Rednower (DOB: October 1, 1983) and Jessie Mae Rednower (DOB:
September 15, 1985).  She appealed, arguing, in her words, that the
Department of Children's Services ("DCS") "failed to make reasonable
efforts to reunite the family as required by T.C.A. [S] 37-1-166";
that the court erred in finding clear and convincing evidence of
Mother's "substantial noncompliance" with a plan of care formulated by
DCS pursuant to T.C.A. S 37-2-403; and that the court erred in finding
clear and convincing evidence of a basis for terminating Mother's
parental rights under T.C.A. S 37-1-147.

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

JOHN L. MILLER
vs.
SCOTT D. WILLIAMS

Court:TCA

Attorneys:

For Appellant                   For Appellee

JESS D. CAMPBELL                ALBERT J. HARB
Campbell & Dawson               Hodges, Doughty & Carson
Knoxville, Tennessee            Knoxville, Tennessee

                                JOHN W. BUTLER
                                Butler, Vines & Babb
                                Knoxville, Tennessee
                          
Judge:Susano

First Paragraph:

This appeal questions the adequacy of a jury's verdict.  The
plaintiff, John L. Miller ("Miller"), alleged in his complaint that he
sustained physical and emotional injuries and medical expenses when
his automobile was struck from behind by a vehicle driven by the
defendant, Scott D. Williams ("Williams").  After Williams admitted
liability at trial, the jury awarded Miller damages of $45,000. 
Miller then filed a motion for an additur or a new trial.  The trial
court denied his motion, and this appeal followed.  The sole issue on
this appeal is whether the trial court erred in failing to suggest an
additur or grant a new trial due to the alleged inadequacy of the
jury's award.

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

STEVE PAYNE
vs.
JAN SAVELL, C.S.J. TRAVEL, INC., 
and CARLEEN STEPHENS

Court:TCA

Attorneys: 

For Appellants              For Appellee

L. LEE KULL                 DAVID T. BLACK
Bird, Navratil & Kull       MELANIE E. DAVIS
Maryville, Tennessee        Kizer & Black
                            Maryville, Tennessee
                         
Judge:Susano

First Paragraph:

Steve Payne ("Payne"), a stockholder and former employee of CSJ
Travel, Inc. ("CSJ"), sued CSJ and the corporation's other
stockholders, Jan Savell ("Savell") and Carleen Stephens ("Stephens"),
seeking damages for the defendants' alleged breach of a contract to
repurchase Payne's CSJ stock.  Payne's action was filed in the Blount
County General Sessions Court at a time when earlier litigation
between Payne and CSJ in the Blount County Chancery Court was pending
on appeal to this court.  In the instant action, the defendants
allowed a default judgment to be taken against them and thereafter
appealed to the Blount County Circuit Court for a de novo trial.  The
Circuit Court denied the defendants' joint motion for summary
judgment, and instead granted summary judgment in favor of Payne and
against CSJ for $6,666.64.  Payne then filed a notice of voluntary
dismissal of his suit against Savell and Stephens.  The defendants
appealed, arguing, among other things, that the Circuit Court erred in
failing to grant them summary judgment, and erred in granting Payne a
money judgment against CSJ.

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

ROGER PERRY and DORIS PERRY
vs.
DONALD VAN HISE and JOSEPHINE    
VAN HISE, individually, and d/b/a    
VAN HISE CONSTRUCTION COMPANY

Court:TCA

Attorneys:

Aubrey Harper, BR: 015817
P.O. Box 588
McMinnville, TN 37110               
ATTORNEY FOR PLAINTIFFS/APPELLANTS


J. Hilton Conger, BR: 3607              Thomas Bratcher, BR: 3869
200 South Third Street                  P.O. Box 568
Smithville, TN 37166                    McMinnville, TN 37110
ATTORNEYS FOR DEFENDANTS/APPELLEES
                          
Judge:TODD

First Paragraph:

This appeal involves the construction of a home.  Plaintiffs engaged
one of the defendants, Donald Van Hise, (hereafter, the defendant) to
construct a home on their property.  On May 24, 1994, defendant signed
a proposal to construct the house, reserving the right to withdraw the
proposal within 30 days, if not accepted by plaintiff.  One of the
plaintiffs signed an acceptance of the proposal.  The other did not. 
On June 25, 1994, defendant tendered another proposal on different
terms, which proposal was accepted by both plaintiffs.  The second
proposal contained an estimated time of completion of 3-1/2 - 4-1/2
months.  Both proposals contained a base contract price subject to
revision for changes during construction.  Both contracts refer to
"plans and specifications" but the record contains no plan and only a
partial set of specifications.  The plans and specifications were not
specifically prepared for plaintiffs, but were "generic," that is,
sold on the general market, to be altered as desired; and alterations
were made, producing part of the present controversy.

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

JOANN POLLOCK
vs.
DONNIE F. POLLOCK

Court:TCA

Attorneys:

W. Charles Doerflinger, Esquire
P.O. Box 692
Lawrenceburg, TN 38464
ATTORNEY FOR PLAINTIFF/APPELLEE

Randy Hillhouse, Esquire
FREEMON, HILLHOUSE & HUDDLESTON
P.O. Box 787
Lawrenceburg, TN 38464
ATTORNEY FOR DEFENDANT/APPELLANT
                          
Judge:TODD

First Paragraph:

The defendant, Donnie F. Pollock, has appealed from the judgment of
the Trial Court awarding the plaintiff a divorce on grounds of
adultery and inappropriate marital conduct, awarding plaintiff,
$8,000.00 alimony in solido and $500.00 per month alimony until she
reaches 65 years or one of the parties dies; ordering defendant to pay
$2,400.00 of plaintiff's attorneys fees, and distributing the marital
estate and liability for debts.

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

JOHN EDMUND STREUN
vs.
DELORES JEAN STREUN

Court:TCA

Attorneys: 

For Appellant                   For Appellee

CHARLES D. PATY                 GLENNA M. RAMER
Paty, Rymer & Ulin, P.C.        Chattanooga, Tennessee
Chattanooga, Tennessee
                         
Judge:Susano

First Paragraph:

This is a divorce case.  Following a bench trial, the court awarded
Delores Jean Streun ("Wife") an absolute divorce on the ground of
inappropriate marital conduct, divided the parties' property, and
ordered John Edmund Streun ("Husband") to pay periodic alimony in
futuro of $350 per month.  Husband appealed, arguing, in effect, that
the evidence preponderates against the trial court's determination
that Wife was entitled to periodic alimony in futuro.  Wife contends
that the alimony award is appropriate.  She submits an additional
issue -- that, in her words, "the trial court erred in not enforcing
the parties' settlement agreement of November 7, 1995."

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

WILLIAM JEFFREY TARKINGTON
vs.
REBECCA JUANITA TARKINGTON

Court:TCA

Attorneys:

CAROL L. SOLOMAN, #6649
Washington Square, Suite 400
214 Second Avenue, North
Nashville, TN 37201
ATTORNEY FOR PLAINTIFF/COUNTER-DEFENDANT/APPELLANT

JACK NORMAN, JR., #2702
213 Third Avenue, North
Nashville, TN 37201
ATTORNEY FOR DEFENDANT/COUNTER-PLAINTIFF/APPELLEE
                          
Judge:TODD

First Paragraph:

The husband, William Jeffrey Tarkington, has appealed from a judgment
of the Trial Court finding him and his wife, Rebecca Juanita
Tarkington, guilty of inappropriate marital conduct and declaring them
to be divorced pursuant to TCA S 36-4-129.

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

BARBARA JAN TEPEDINO
vs.
MICHAEL JOHN TEPEDINO

Court:TCA

Attorneys:

Raymond W. Fraley, Jr., Fayetteville, Tennessee
Attorney for Defendant/Appellant.

Barbara G. Medley, BUSSART & MEDLEY, Lewisburg, Tennessee
Attorney for Plaintiff/Appellee.
                          
Judge:FARMER

First Paragraph:

This is a divorce case involving the 26 year marriage of Michael John
Tepedino (Husband) and Barbara Jan Tepedino (Wife).  They have two
adult children.  The trial court granted Wife an absolute divorce on
grounds of adultery, made a division of the marital property, awarded
Wife alimony in futuro in the amount of $3,000 per month and awarded
Wife her attorney's fees in the amount of $3,650.  Husband has
appealed challenging these portions of the decree, as well as the
trial court's denial of certain motions filed on his behalf.  For the
reasons expressed below, we affirm in part, reverse in part and
remand.

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

STATE OF TENNESSEE
vs.
JUDY R. BAILEY

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

LAURA RULE HENDRICKS                JOHN KNOX WALKUP 
Eldridge, Irvine & Hendricks        Attorney General & Reporter
606 West Main Street, Ste. 350
P.O. Box 84                         MICHAEL J. FAHEY, II
Knoxville, TN  37901-0084           Assistant Attorney General
                                    2nd Floor, Cordell Hull Bldg
                                    425 Fifth Avenue North 
                                    Nashville, TN  37243

RAYMOND MACK GARNER                 MICHAEL L. FLYNN
District Public Defender            District Attorney General

SHAWN T. GRAHAM                     KIRK ANDREWS 
Assistant Public Defender           Asst District Attorney General
415 High Street                     363 Court Street
Maryville, TN  37804                Maryville, TN  37804 

                          
Judge:WOODALL

First Paragraph:

The Defendant, Judy R. Bailey, pled guilty to the offense of obtaining
a controlled substance by fraud in violation of Tennessee Code
Annotated section 53-11-402.  Pursuant to the negotiated plea
agreement, she received a Range I three (3) year sentence and $500.00
fine, with the manner of service of sentence to be determined by the
trial court following a hearing.  The Circuit Court of Blount County
ordered a sentence of split confinement consisting of ten (10) months
in the Blount County Jail followed by two (2) years and two (2) months
of intensive probation.  The sentence was ordered to be served
concurrently with a sentence for convictions in Knox County.  In her
sole issue on appeal, Defendant argues that the trial court erred by
not ordering a sentence alternative that does not involve
incarceration.  We affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
WILLIAM DEARRY

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

LU ANN BALLEW                   JOHN KNOX WALKUP
Assistant Public Defender       Attorney General and Reporter
Fourth Judicial District
P.O. Box 416                    SANDY R. COPOUS
Dandridge, TN 37725             Assistant Attorney General
                                425 5th Avenue North
                                Nashville, TN 37243

                                AL SCHMUTZER, JR.
                                District Attorney General

                                JAMES L. GOSS
                                Asst District Attorney General
                                P.O. Box 70
                                Dandridge, TN 37725
                         
Judge:WELLES

First Paragraph:

The Defendant, William Dearry, appeals as of right pursuant to Rule 3
of the Tennessee Rules of Appellate Procedure.  He was convicted by a
Jefferson County jury of one count of rape of a child.  The trial
court sentenced him to fifteen years imprisonment with the Department
of Correction.

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

STATE OF TENNESSEE
vs.
ROBERT WAYNE FRANTZ, JR.

Court:TCCA

Attorneys:

For the Appellant:          For the Appellee:

Charles I. Poole            Charles W. Burson
133 Commerce St.            Attorney General of Tennessee
Sevierville, TN 37862       and             
                            Elizabeth T. Ryan
                            Asst Attorney General of Tennessee                  
                            450 James Robertson Parkway     
                            Nashville, TN 37243-0493

                            Alfred C. Schmutzer, Jr.
                            District Attorney General
                            and
                            Scott Green
                            Asst District Attorney General
                            301 Sevier County Courthouse
                            Sevierville, TN 37862
                          
Judge:Tipton

First Paragraph:

The defendant, Robert Wayne Frantz, Jr., appeals as of right from his
conviction by a jury in the Sevier County Criminal Court for the
offenses of aggravated kidnapping and two counts of rape, Class B
felonies.  The trial court sentenced the defendant as a Range II,
multiple offender to fifteen years for each offense to be served
concurrently.

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

LEE C. HAMRICK
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

LEE C. HAMRICK              JOHN KNOX WALKUP
Pro Se                      Attorney General and Reporter
3735 Riverside Drive
Knoxville, TN 37914         CLINTON J. MORGAN
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            WILLIAM L. GIBBONS
                            District Attorney General

                            P. T. HOOVER
                            Assistant District Attorney
                            201 Poplar Street, Ste. 301
                            Memphis, TN 38103
                          
Judge:SMITH

First Paragraph:

On April 18, 1994, in the Shelby County Criminal Court, Appellant, Lee
C. Hemrick, entered multiple guilty pleas to theft charges.  He
received an effective sentence of fifteen years.  Appellant filed no
direct appeal.  In this appeal, Appellant presents the following issue
for review:  whether the trial court erred in dismissing Appellant's
petition for post-conviction relief.

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

STATE OF TENNESSEE
vs.
STEVE JOYNER

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

MACK GARNER                     JOHN KNOX WALKUP
District Public Defender        Attorney General & Reporter
419 High St.
Maryville, TN 37804-4912        MARVIN E. CLEMENTS, JR.
                                Assistant Attorney General
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493    

                                MICHAEL L. FLYNN
                                District Attorney General
                        
                                PHILLIP H. MORTON
                                Asst District Attorney General
                                363 Court St.
                                Blount County Courthouse
                                Maryville, TN 37804-5906
                          
Judge:WITT

First Paragraph:

The defendant, Steve Joyner, appeals pursuant to Rule 3 of the
Tennessee Rules of Appellate Procedure from the revocation of his
probation by the Circuit Court of Blount County.  On June 22, 1992,
the defendant pleaded guilty to conspiracy to sell lysergic acid
diethylamide, a Class C felony, and was sentenced to serve eight years
as a Range 2, multiple offender.  The trial court suspended all but
thirty days of the sentence and ordered the defendant to serve seven
years and eleven months on supervised probation.  The court issued a
violation warrant on July 16, 1996, and, after a hearing, the court
revoked the defendant's probation and ordered him to serve one year in
the county jail and seven years in Community Corrections.

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

CHARLES RAY O'QUINN
vs.
HOWARD CARLTON, WARDEN, 
and STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                 FOR THE APPELLEE:

CHARLES RAY O'QUINN                JOHN KNOX WALKUP
N.E.C.C. #100601                   Attorney General & Reporter
P.O. Box 5000
Mountain City, TN 37683            MICHAEL J. FAHEY, II
Pro se                             Assistant Attorney General
                                   Criminal Justice Division
                                   450 James Robertson Parkway
                                   Nashville, TN 37243-0493

                          
Judge:WITT

First Paragraph:

Charles Ray O'Quinn, the petitioner, appeals pursuant to Rule 3,
Tennessee Rules of Appellate Procedure, from the trial court's
dismissal of his petition for writ of habeas corpus.  On July 27,
1989, the petitioner pleaded guilty to two counts of aggravated rape. 
The offenses occurred in April or May, and in June, 1988.  He received
Range II sentences of 35 years in the aggregate.  The petitioner
contends that his convictions for aggravated rape are void because the
indictment failed to allege the mens rea for that offense.  See State
v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn. Crim. App.,
Nashville, June 20, 1996), rev'd, 954 S.W.2d 725 (Tenn. 1997).

URL:http://www.tba.org/tba_files/TCCA/o'quinnc_opn.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
JOHN ANTHONY SANDERS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

DOUGLAS L. PAYNE            JOHN KNOX WALKUP 
114 South Main Street       Attorney General & Reporter
Greeneville, TN  37743
                            CLINTON J. MORGAN 
                            Assistant Attorney General
                            2nd Floor, Cordell Hull Building
                            425 Fifth Avenue North 
                            Nashville, TN  37243

                            GREG W. EICHELMAN
                            District Attorney General 
                            for Greene Co.

                            CECIL C. MILLS 
                            Asst District Attorney General
                            109 South Main Street 
                            Greeneville, TN  37743  
                         
Judge:WOODALL

First Paragraph:

The Defendant, John Anthony Sanders, appeals as of right, from his
convictions of aggravated burglary and theft in the Criminal Court of
Greene County.  Following a jury trial, the Defendant was found guilty
of three (3) counts of aggravated burglary and three (3) counts of
theft over $1,000.  The trial court sentenced Defendant as a Range I
Standard Offender to three (3) consecutive sentences of six (6) years
each for the aggravated burglary convictions, and three (3) sentences
of four (4) years each for the theft convictions to be served
concurrently with each other and the aggravated burglary convictions. 
Defendant was fined a total of $14,000 as a result of the convictions.
 Defendant raises three (3) issues in this appeal: (1) whether the
evidence is sufficient to support the three theft convictions; (2)
whether the trial court erred in sustaining the prosecutor's objection
to a question asked on cross-examination; and (3) whether the trial
court committed sentencing errors.  We affirm the judgment of the
trial court.

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

STATE OF TENNESSEE
vs.
CARLTON SUGGS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

A C Wharton John Knox Walkup
Shelby County Public Defender       Attorney General & Reporter 

Tony N. Brayton                     Clinton J. Morgan
Assistant Public Defender           Counsel for the State
201 Poplar Avenue, Suite 201        450 James Robertson Parkway
Memphis, TN 38103                   Nashville, TN 37243-0493

William Moore                       William L. Gibbons
Assistant Public Defender           District Attorney General
201 Poplar Avenue, Suite 201    
Memphis, TN 38103                   Terrell Harris
(At Trial)                          Asst District Attorney General
                                    201 Poplar Avenue, Suite 301
                                    Memphis, TN 38103
                         
Judge:SUMMERS

First Paragraph:

The appellant, Carlton Suggs, was found guilty by a jury of aggravated
rape and aggravated burglary in the Shelby County Criminal Court.  The
court sentenced the appellant as a Range II offender to ten years and
forty years imprisonment for the respective offenses, to be served
consecutively.  The trial court denied the appellant's motion for a
new trial, and he appealed to this Court.

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

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