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.
- 00-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 05-New Opinons From TSC-Workers Comp Panel
- 08-New Opinons From TCA
- 16-New Opinons From TCCA
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DOUGLAS E. BUMPUS vs. BIRMINGHAM-NASHVILLE EXPRESS, INC., and THE TRAVELERS INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Richard E. Spicer Julia F. Smith Spicer, Flynn & Rudstrom, PLLC 113 South Third Street 424 Church St., Ste. 1350 Clarksville, TN 37040 Nashville, TN 37219-21305 Judge:INMAN First Paragraph: This is another gradually-occurring injury case involving physical disability not caused by trauma, specific episode, or 'accidental injury' as the term is historically used, that would best be resolved by appropriate legislation. URL:http://www.tba.org/tba_files/TSC_WCP/bumpusd_opn.WP6 STEPHANIE J. CLINARD vs. LUMBERMENS MUTUAL CASUALTY COMPANY OF THE KEMPER INSURANCE COMPANIES Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: Richard C. Mangelsdorf, Jr. William L. Underhill Leitner, Williams, Dooley & Napolitan Madison, Tennessee Nashville, Tennessee Judge:Loser First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The appellant here contends the evidence preponderates against the trial court's finding that the employee's injury was causally connected to her employment. The panel has concluded the judgment should be affirmed. URL:http://www.tba.org/tba_files/TSC_WCP/clinards_opn.WP6 PATRICIA DIANE HAYES vs. WAL-MART STORES, INC. Court:TSC - Workers Comp Panel Attorneys: FOR APPELLANT: FOR APPELLEE: Wesley R. Kliner, Jr. David Hardee Jeffrey P. Boyd HARDEE, MARTIN & JAYNES ALLEN & KLINER, PLLC 213 E. Lafayette Post Office Box 2385 Jackson, TN 38301 Jackson, TN 38302 (Appeal) C. Mark Donahoe SPRAGINS, BARNETT, COBB & BUTLER P. O. Box 2004 Jackson, TN 38302-2004 (Trial) Judge:CLARK First Paragraph: This worker's compensation appeal has been referred to the special worker's compensation appeals panel of the Supreme Court in accordance with Tenn. Code Ann. S50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Defendant raises two issues on appeal: (1) that the trial court erred in finding plaintiff suffered a thirty-five (35%) percent permanent partial disability to the body as a whole; and (2) that the trial court erred in awarding plaintiff reimbursement for chiropractor Ronald Teddleton's outstanding bill of $9,061.90. For the reasons set forth below, we reverse the judgment of the trial court. URL:http://www.tba.org/tba_files/TSC_WCP/hayes_opn.WP6 TOBY HEDGECOTH vs. HAROLD MOORE & ASSOCIATES and JEFF CASWELL d/b/a/ CASWELL & SONS CARPENTRY Court:TSC - Workers Comp Panel Attorneys: FOR THE APPELLANTS: FOR THE APPELLEE: KENNETH M. POLOMBO RALPH BROWN SEAN ANTONE HUNT CLINT J. WOODFIN 424 Church Street, Suite 1350 Suite 304, Tower II Nashville, TN 37219 412 Executive Tower Drive Knoxville, TN 37923 Judge:RUSSELL First Paragraph: Toby Hedgecoth, in the course and scope of his employment, fell from a rooftop on December 18, 1994. His right foot struck a brick and was severely injured. He has been unable to return to physically demanding work and at the time of trial was enrolled in vocational school studying electronics. URL:http://www.tba.org/tba_files/TSC_WCP/hedgecot_opn.WP6 BERYL JACK vs. STATE OF TENNESSEE Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: Larry R. Williams John Knox Walkup Nashville, Tennessee Attorney General & Reporter Michael E. Moore Solicitor General Heather C. Ross Assistant Attorney General Nashville, Tennessee Judge:Loser First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employee contends the evidence preponderates against the commissioner's finding that her claim is barred because of a false statement contained in her employment application. The panel has concluded the judgment should be affirmed. URL:http://www.tba.org/tba_files/TSC_WCP/jackb_opn.WP6 RICKYE D. ANDERSON vs. L. LOIS ANDERSON Court:TCA Judge:HIGHERS First Paragraph: Appellant has filed a petition to rehear which, after due consideration is respectfully denied. URL:http://www.tba.org/tba_files/TCA/anderson_rhr.WP6 VAN ADRIAN BARKER vs. PATSY LOU (RANDOLPH) SLEDD BARKER Court:TCA Attorneys: Bryce c. Ruth, Jr. 3210 Highway 31W P.O. Box 68 White House, TN 37188 ATTORNEY FOR PLAINTIFF/APPELLANT William P. Jones 103 Bluegrass Commons Blvd. P.O. Box 738 ATTORNEY FOR DEFENDANT/APPELLEE Judge:TODD First Paragraph: In this divorce case, the husband Van Adrian Barker has appealed from the judgment of the Trial Court declaring the parties to be divorced under TCA S 36-4-129, and dividing the marital estate. URL:http://www.tba.org/tba_files/TCA/barkerva_opn.WP6 URL:http://www.tba.org/tba_files/TCA/barkerva_con.WP6 BOBBY BLACKMON vs. STEVEN F. GLASER Court:TCA Attorneys: Bobby Blackmon, Pro Se Middle Tennessee Reception Center 7177 Cockrill Bend Industrial Center Nashville, TN 37209-1005 ATTORNEY FOR PLAINTIFF/APPELLANT Curtis M. Lincoln, BPR #2538 175 East Main Street, 2nd Floor Hendersonville, TN 37075 ATTORNEY FOR DEFENDANT/APPELLEE Judge:TODD First Paragraph: The plaintiff, Bobby Blackmon, has appealed from a judgment. URL:http://www.tba.org/tba_files/TCA/blackmon_opn.WP6 SIDNEY TILLMAN HOOVER vs. DANIEL EDMONDSON HOOVER Court:TCA Attorneys: Virginia L. Story of Franklin For Appellee Nathaniel H. Koenig of Nashville For Appellant Judge:CRAWFORD First Paragraph: This is a divorce case. Defendant-appellant Daniel Hoover appeals the trial court's division of marital property and asserts that the land containing the parties marital home was improperly classified as wife's separate property. Plaintiff-appellee Sidney Hoover asserts that the trial court erred in failing to award her one-half of Husband's retirement account. URL:http://www.tba.org/tba_files/TCA/hoovsid_opn.WP6 CURTIS L. LANDRY, JR. d/b/a LANDRY AND ASSOCIATES vs. JOHN DANIEL RUDD Court:TCA Judge:TODD First Paragraph: The defendant/appellant has filed a respectful petition to rehear which has been duly considered and which is respectfully denied. URL:http://www.tba.org/tba_files/TCA/landrycl_ord.WP6 CITY OF MURFREESBORO, a Municipal Corporation in Rutherford County, State of Tennessee vs. MARIANN M. WORTHINGTON CITY OF MURFREESBORO, a Municipal Corporation in Rutherford County, State of Tennessee vs. THOMAS W. WORTHINGTON and wife, Mariann M. Worthington Court:TCA Judge:LILLARD First Paragraph: Upon consideration of the petition for rehearing of Plaintiff/Appellant City of Murfreesboro, the petition is denied. URL:http://www.tba.org/tba_files/TCA/murfreew_ord.WP6 IN THE MATTER OF: JOEL KRISTEN SIPE STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES vs. BRUCE SIPE and LAUREL SIPE Court:TCA Attorneys: Dennis L. Nordhoff, Franklin, Tennessee Attorney for Respondent/Appellant Bruce Sipe. Stacy L. Miller, Nashville, Tennessee Attorney for Respondent/Appellant Laurel Sipe. John Knox Walkup, Attorney General & Reporter Douglas Earl Dimond, Assistant Attorney General Attorney for Petitioner/Appellee State of Tennessee Department of Children's Services Judge:FARMER First Paragraph: This is a termination of parental rights case. The minor child in question is Joel Kristen Sipe, born September 7, 1995 to Laurel Sipe ("Mother") and Bruce Sipe ("Father"). The trial court terminated the parental rights of both parents as to this child after finding on clear and convincing evidence that grounds existed to do so. Both parents have appealed. For the reasons expressed below, we affirm. URL:http://www.tba.org/tba_files/TCA/sipejk_opn.WP6 STATE OF TENNESSEE vs. RALPH CEDRIC ALLEN Court:TCCA Attorneys: For the Appellant: For the Appellee: Michael R. Jones John Knox Walkup District Public Defender Attorney General and Reporter 110 Sixth Avenue, West Springfield, TN 37172 Elizabeth B. Marney Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 John Wesley Carney, Jr. District Attorney General Dent Morris Assistant District Attorney 500 South Main Street Springfield, TN 37172 Judge:BARKER First Paragraph: The appellant, Ralph Cedric Allen, appeals as of right the Robertson County Circuit Court's denial of his motion for reduction of sentence. He contends that the trial court erred in upholding his fourteen (14) year sentence for a Class B felony. URL:http://www.tba.org/tba_files/TCCA/allenrca_opn.WP6 STATE OF TENNESSEE vs. ZACHERY L. BARNES Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: WILLIAM A. OSBORNE JOHN KNOX WALKUP Assistant Public Defender Attorney General and Reporter 201 West Main Street Murfreesboro, TN 37130 GEORGIA BLYTHE FELNER Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 WILLIAM C. WHITESELL District Attorney General 3rd Floor, Judicial Building Murfreesboro, TN 37130 Judge:WELLES First Paragraph: The Defendant, Zachery Leroy Barnes, appeals as of right pursuant to Rule 3, Tennessee Rules of Appellate Procedure. Pursuant to a negotiated plea agreement with the State, he pleaded guilty to six counts of burglary as a Multiple, Range II offender and agreed to sentences of six years for each offense. After a hearing, the trial court ordered that some of the sentences be served consecutively, resulting in an effective sentence of eighteen years in the Department of Correction. In this appeal, the Defendant argues that the trial court erred by imposing consecutive sentences. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/barneszl_opn.WP6 STATE OF TENNESSEE vs. VICTOR COLEMAN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: G. STEPHEN DAVIS JOHN KNOX WALKUP District Public Defender Attorney General and Reporter 208 N. Mill Avenue Dyersburg, TN 38025-0742 GEORGIA BLYTHE FELNER Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 PHILLIP BIVENS District Attorney General JAMES E. LANIER Asst District Attorney General P. O. Box E Dyersburg, TN 38025 Judge:SMITH First Paragraph: ppellant Victor Coleman was convicted on November 3, 1995 by a jury in the Dyer County Criminal Court of sale of cocaine in an amount less than .5 grams. As a Range I standard offender, Appellant was sentenced to four years incarceration with the Tennessee Department of Correction and fined $2,000.00. In this direct appeal, Appellant presents two issues for our consideration. First, Appellant challenges the sufficiency of the evidence to sustain his conviction, contending that the jury should not have accredited the testimony of paid undercover agents and a police officer who made the drug purchase from Appellant. Second, Appellant claims that the trial court erred by refusing to impose alternative sentencing, i.e., community corrections. URL:http://www.tba.org/tba_files/TCCA/colemanv_opn.WP6 STATE OF TENNESSEE vs. MARTIN CONLEY Court:TCCA Attorneys: For Appellant: For Appellee: J. Arnold Fitzgerald John Knox Walkup Attorney at Law Attorney General and Reporter P.O. Box 227 1470 Market Street Michael J. Fahey, II Dayton, TN 37321 Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Cordell Hull Building, Second Floor Nashville, TN 37243-0490 James W. Pope, III Asst. District Attorney General Third Floor, First American Bank Bldg Dayton, TN 37321 Judge:WADE First Paragraph: The defendant, Martin Conley, was indicted for possession of over ten pounds of marijuana with intent to deliver or sell. See Tenn. Code Ann. S 39-17 417. After being denied his request for pretrial diversion by the state, the defendant filed a petition for certiorari in the trial court which was also denied. See Tenn. Code Ann. S 40-15-105(b)(3). In this interlocutory appeal, the defendant insists that the district attorney general abused his discretion by the denial of pretrial diversion and that the trial court erred by refusing to grant placement into the program. Tenn. R. App. P. 9. URL:http://www.tba.org/tba_files/TCCA/conleym_opn.WP6 STATE OF TENNESSEE vs. ANTHONY GRAY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: R. RUSSELL MATTOCKS JOHN KNOX WALKUP Office of the Public Defender Attorney General and Reporter 1609 College Park Drive, Box 11 Morristown, TN 37813-1618 TIMOTHY F. BEHAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 C. BERKELEY BELL District Attorney General ERIC CHRISTIANSEN Asst District Attorney General 109 S. Main Street, Suite 501 Greeneville, TN 37743 Judge:WELLES First Paragraph: This is an appeal as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. The Defendant, Anthony Gray, was convicted by a jury verdict of one count of driving while under the influence, second offense, a Class A misdemeanor, and sentenced to eleven months and twenty-nine days at thirty percent service prior to release; one count of driving on a revoked license, third offense, a Class A misdemeanor, and sentenced to eleven months and twenty-nine days at thirty percent; and one count of evading arrest while operating a motor vehicle, a Class E felony, and sentenced to two years, with two hundred twenty days in custody and the balance to be served on probation. In this appeal, the Defendant argues: (1) That the evidence was insufficient to support a verdict of guilt; (2) that the trial court erred by failing to grant the Defendant's motion for acquittal; (3) that a double jeopardy violation occurred for his felony evading arrest charge when it had been previously reduced to a misdemeanor and he was later tried again on felony evading arrest; and (4) that the trial court allowed improper cross-examination of a defense witness regarding prior convictions. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/grayanth_opn.WP6 STATE OF TENNESSEE vs. WILLIAM F. HEGGER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ROGER K. SMITH JOHN KNOX WALKUP Suite 115 Attorney General and Reporter 104 Woodmont Boulevard Nashville, TN 37205 PETER M. COUGHLAN (On Appeal) Assistant Attorney General 450 James Robertson Parkway KARL DEAN Nashville, TN 37243 Public Defender VICTOR S. JOHNSON MICHAEL FRIEDLAND District Attorney General Assistant Public Defender 12th Floor, Stahlman Bldg PATTY S. RAMSEY Nashville, TN 37201 Assistant District Attorney (At Trial) Washington Square, Ste. 500 Nashville, TN 37201-1649 Judge:SMITH First Paragraph: On May 17, 1994, a Davidson County jury found Appellant, William F. Hegger, guilty of driving under the influence of an intoxicant, first offense. The trial court sentenced Appellant as a Range I standard offender to eleven months and twenty-nine days incarceration (all but ten days suspended), imposed a two-hundred and fifty dollar fine, ordered Appellant to attend alcohol treatment school, and suspended Appellant's driver's license for a period of one year. Appellant was further ordered to perform two hundred hours of public service work. On February 22, 1996, following a hearing upon Appellant's motion, the trial court modified Appellant's sentence, waiving the fine and public service work. The trial court found that Appellant had completed his jail time, and the one year suspension of his license. URL:http://www.tba.org/tba_files/TCA/heggewil_opn.WP6 STATE OF TENNESSEE vs. JAMES HOOPER Court:TCCA Attorneys: FOR THE APPELLANT: GREG LEFFEW P.O. Box 63 Rockwood, TN 37854 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter JANIS L. TURNER Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 CHARLES E. HAWK District Attorney General FRANK A. HARVEY Assistant District Attorney General P.O. Box 703 Kingston, TN 37763-0703 Judge:SMITH First Paragraph: The defendant, James Hooper, appeals the trial court's denial of his motion to withdraw his plea of nolo contendere to one (1) count of aggravated sexual battery. The trial court found the motion was filed after the maximum allowed time. The decision of the trial court is affirmed. URL:http://www.tba.org/tba_files/TCCA/hooperj_opn.WP6 STATE OF TENNESSEE vs. LOREN JOE PIERCE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: TERRY J. LEONARD JOHN KNOX WALKUP 9 North Court Square Attorney General and Reporter P. O. Box 957 Camden, TN 38320 ELIZABETH T. RYAN Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 ROBERT RADFORD District Attorney General TODD A. ROSE Assistant District Attorney P. O. Box 94 Paris, TN 38242 Judge:SMITH First Paragraph: Appellant Loren Joe Pierce was convicted on June 5, 1996 by a jury in the Benton County Circuit Court of one count of aggravated arson, a Class A felony. As a Range I standard offender, Appellant received a sentence of fifteen years with the Tennessee Department of Correction. The trial court ordered this sentence to run consecutively to Appellant's prior sentence for aggravated kidnapping. Appellant presents two issues for our consideration on this direct appeal: (1) whether the evidence was sufficient to sustain Appellant's conviction for aggravated arson; and (2) whether the trial court erred in failing to act as thirteenth juror and grant Appellant a new trial. URL:http://www.tba.org/tba_files/TCCA/piercelo_opn.WP6 LEWIS PURKEY vs. CHARLES JONES, WARDEN, and STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellees: Lewis Purkey, Pro Se John Knox Walkup Morgan County Regional Attorney General and Reporter Correctional Facility P.O. Box 2000 Michael J. Fahey, II Wartburg, TN 37887 Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Cordell Hull Building, Second Fl. Nashville, TN 37243-0490 Charles E. Hawk District Attorney General P.O. Box 703 Kingston, TN 37763 Judge:WADE First Paragraph: The petitioner, Lewis Purkey, entered a guilty plea to three counts of aggravated rape. On May 26, 1992, the trial court imposed concurrent sentences of fifteen years. On August 6, 1996, over four years after the convictions, the petitioner filed this action for a writ of habeas corpus which the trial court denied. In this appeal of right, the single issue is whether the content of the indictment was sufficient to support the convictions. URL:http://www.tba.org/tba_files/TCCA/purkeyl_opn.WP6 STATE OF TENNESSEE vs. GARY RAINES, DEBRA RAINES, and JERRY RAINES Court:TCCA Attorneys: FOR THE APPELLANTS: FOR THE APPELLEE: DALE M. QUILLEN JOHN KNOX WALKUP Attorney for Gary Raines Attorney General & Reporter and Debra Raines 95 White Bridge Rd Ste 208 ELLEN H. POLLACK Nashville, TN 37205 Assistant Attorney General 2nd Floor, Cordell Hull Bldg MICHAEL J. FLANAGAN 425 Fifth Avenue North Attorney for Jerry Raines Nashville, TN 37243 95 White Bridge Rd Ste 208 Nashville, TN 37205 DAN M. ALSOBROOKS District Attorney General JAMES WALLACE KIRBY Asst District Attorney General 102 Cumberland Street Ashland City, TN 37015 Judge:WOODALL First Paragraph: Following the denial of their motion to suppress evidence, the Defendants, Gary Raines and Debra Raines pled guilty in the Circuit Court of Cheatham County to possession of marijuana for resale and possession of drug paraphernalia, and Defendant Jerry Raines pled guilty to simple possession of marijuana and possession of drug paraphernalia. In their pleas, Defendants reserved the right to appeal the trial court's denial of their motion to suppress as a certified question of law pursuant to Rule 3(b) of the Tennessee Rules of Appellate Procedure and Rules 11(e) and 37(b)(2)(I) of the Tennessee Rules of Criminal Procedure. Specifically, the certified question is: "Whether or not the initial entry upon the premises and the subsequent consent search was legal." We affirm the judgment of the trial court, as modified to correct an apparent clerical error. URL:http://www.tba.org/tba_files/TCCA/rainesg_opn.WP6 STATE OF TENNESSEE vs. WILLIAM LEE TAYLOR Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN HENDERSON JOHN KNOX WALKUP Public Defender Attorney General & Reporter C. DIANE CROSIER RUTH A. THOMPSON Asst. Public Defender Counsel for the State 450 James Robertson Pkwy. EUGENE J. HONEA Nashville, TN 37243-0493 Asst. Public Defender 407-C Main St. JOSEPH D. BAUGH P. O. Box 68 District Attorney General Franklin, TN 37065 JEFF BURKS Asst. District Attorney General P. O. Box 937 Franklin, TN 37065 Judge:PEAY First Paragraph: In September 1996, the defendant pled guilty to possession of marijuana for resale and agreed to be sentenced as a Range II multiple offender. A sentencing hearing was held to determine the length and manner of his sentence. After the hearing, the trial judge sentenced the defendant to three years in the Tennessee Department of Correction. In this appeal as of right, the defendant argues that the trial judge erred when he refused to suspend the sentence and place the defendant on probation. After a review of the record and applicable law, we find no error and affirm the judgment of the court below. URL:http://www.tba.org/tba_files/TCCA/taylorwl_opn.WP6 STATE OF TENNESSEE vs. SUE ANN TIDWELL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JEFFREY A. DEVASHER JOHN KNOX WALKUP On Appeal Attorney General and Reporter Senior Asst Public Defender GEORGIA BLYTHE FELNER JEFFERSON T. DORSEY Assistant Attorney General At Trial 425 5th Avenue North Assistant Public Defender Nashville, TN 37243 1202 Stahlman Building Nashville, TN 37201 VICTOR S. JOHNSON District Attorney General PAMELA ANDERSON Asst District Attorney General 1202 Stahlman Building Nashville, TN 37201 Judge:WELLES First Paragraph: The Defendant, Sue Ann Tidwell, appeals as of right pursuant to Rule 3, Tennessee Rules of Appellate Procedure. She was convicted after a bench trial of one count of simple assault, a Class B misdemeanor, and one count of disorderly conduct, a Class C misdemeanor. She was sentenced to six months, suspended with probation, for the assault conviction and ordered to pay a fifty- dollar ($50) fine for the disorderly conduct conviction. She appeals both of her convictions and the sentence for assault, raising two issues: (1) That the evidence was insufficient to support a verdict of guilt for assault or for disorderly conduct, and (2) that the trial court erred in imposing the maximum sentence for assault and failing to grant judicial diversion. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/tidwelsa_opn.WP6 DARYL TURNER a/k/a "JUICY" TURNER vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant For the Appellee Cheryl J. Skidmore John Knox Walkup 629 East Main Street Attorney General & Reporter Hendersonville, TN. 37075 Clinton J. Morgan Assistant Attorney General 2nd Floor Cordell Hull Building 425 Fifth Avenue North Nashville, TN. 37243-0493 Lawrence Ray Whitley District Attorney General Dee David Gay Asst District Attorney General 113 W. Main Street Gallatin, TN. 37066-2803 Judge:BARKER First Paragraph: The appellant, Daryl Turner, appeals the Sumner County Criminal Court's dismissal of his petition for post-conviction relief. In 1993, appellant was convicted of selling a Schedule II controlled substance, to wit: cocaine, and was sentenced to twelve (12) years as a Range III persistent offender. His conviction and sentence were affirmed by this Court on direct appeal. See State v. Darrel Tucker, No. 01-C-01-9310-CR00347 (Tenn. Crim. App. at Nashville, Oct. 6, 1994), per. app. denied (Tenn. 1995). The appellant, thereafter, filed a pro se petition for post-conviction relief alleging ineffective assistance of counsel, malicious prosecution, and invalid "reasonable doubt" jury instructions. Following an evidentiary hearing, the trial court dismissed appellant's petition upon finding no ground to warrant post-conviction relief. URL:http://www.tba.org/tba_files/TCCA/turnerdt_opn.WP6 STATE OF TENNESSEE vs. AVERY Q. WALKER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN KNOX WALKUP JOHN S. COLLEY Attorney General & Reporter 710 North Main St., Suite 200 P.O. Box 1476 ELIZABETH B. MARNEY Columbia, TN 38402 Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 MIKE BOTTOMS District Attorney General J. LEE BAILEY, III Asst. District Attorney General P.O. Box 1619 Columbia, TN 38401 Judge:PEAY First Paragraph: The defendant was indicted in June 1995 on one count of possession with intent to sell cocaine and one count of possession of marijuana. He filed a motion to suppress all evidence gathered during the search of his person. After a hearing, the trial court granted the defendant's motion. The State now appeals. After a review of the evidence and applicable law, we reverse and remand this cause to the trial court for further proceedings. URL:http://www.tba.org/tba_files/TCCA/walkeraq_opn.WP6 URL:http://www.tba.org/tba_files/TCCA/walkeraq_dis.WP6 STEVE WALLACE vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: STEVE WALLACE Pro Se JOHN KNOX WALKUP M.C.R.C.F. Attorney General and Reporter P. O. Box 2000 Wartburg, TN 37887-2000 TIMOTHY F. BEHAN Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 JERRY ESTES District Attorney General Judge:SMITH First Paragraph: On July 18, 1975, Appellant Steve Wallace pleaded guilty in the Bradley County Criminal Court to second degree murder. He was sentenced to 150 years incarceration in the Tennessee Department of Correction. 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/wallaces_opn.WP6
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