TBALink Opinion-Flash

March 27, 1998 -- Volume #4 -- Number #056

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
05-New Opinons From TSC-Workers Comp Panel
11-New Opinons From TCA
12-New Opinons From TCCA

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  • Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.

George Dean
TBALink Chief Editor


BRANDON BRANTLEY
vs.
PERSONNEL PLACEMENTS and ,  
LUMBERMENS MUTUAL CASUALTY  
COMPANY

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:                  For the Appellee:

Hardee, Martin & Jaynes, P.A.       Waldrop and Hall, P.A.
Michael A. Jaynes                   106 South Liberty Street
D. Tyler Kelly                      P.O. Box 726
P.O. Box 98                         Jackson, TN 38301
Jackson, TN 38302
                          
Judge:BYERS

First Paragraph:

The plaintiff contends that he got a piece of metal in his eye on
Friday, August 25, 1995 at approximately 11:00 P.M., while working for
the defendant, and that he has suffered a compensable injury to his
eye.

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

ROBERT E. EDWARDS
vs.
ANDERSON HICKEY COMPANY

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:              For the Appellee:

S. Newton Anderson              Robert G. Millar
Thomas F. Preston               P.O. Box 507
80 Monroe Avenue, Suite 500     Dyersburg, TN 38025-0507
Memphis, TN 38103
                          
Judge:BYERS

First Paragraph:

The employee, Robert E. Edwards, fell 14 to 18 feet to the ground at
work, injuring his right ankle.  The trial court awarded 95 percent
permanent partial disability to the right lower extremity.

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

DEBBIE J. GOODLOW
vs.
HOSPITAL CORPORATION OF     
AMERICA, d/b/a VOLUNTEER        
HOSPITAL

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:              For the Appellee:

Paul Todd Nicks                 William F. Kendall, III
1269 N. Highland Avenue         Waldrop & Hall, P.A.
P.O. Box 3539                   106 South Liberty Street
Jackson, TN 38303-3539          Jackson, TN 38302
                          
Judge:BYERS

First Paragraph:

The plaintiff filed suit against the defendant and alleged she
sustained a back injury on March 6, 1993.

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

BOBBY RIDDICK
vs.
JACKSON METAL SERVICES, INC.,

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:                  For the Appellee:

Glassman, Jeter, Edwards &          Lisa June Cox
  Wade, P.C.                        64 Lynoak Cove
Carl Wyatt                          Jackson, TN 38305
Lori J. Keen
26 North Second Street
Memphis, TN 38103       
                          
Judge:BYERS

First Paragraph:

The trial judge found the plaintiff had suffered a 25 percent
permanent partial disability to his left foot.  The defendant says the
evidence preponderates against a finding the plaintiff had suffered
any permanent impairment.

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

PATSY STEDMAN
vs.
HARDAWAY CONSTRUCTION       
COMPANY, INC., ET AL

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellants:             For the Appellee:

Catherine B. Clayton            David Hardee
SPRAGINS, BARNETT, COBB &       HARDEE, MARTIN & JAYNES, P.A.
BUTLER                          213 E. Lafayette
110 East Baltimore              Jackson, TN 38301
P. O. Box 2004
Jackson, TN 38302
                         
Judge:BYERS

First Paragraph:

The trial court found the plaintiff had sustained a 25 percent
permanent partial disability to the body as a whole as the result of
an injury she suffered at work.

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

EMILY ALIEZE BUFORD 
vs.
WILLIAM MARTIN BUFORD

Court:TCA

Attorneys:

MARTIN J. LEVITT OF CHATTANOOGA FOR APPELLANT

ROSALIND REID-HOUSER OF CHATTANOOGA FOR APPELLEE
                          
Judge:Goddard

First Paragraph:

William Martin Buford appeals a judgment of the Trial Court, which
insists that the division of the parties' marital property was
inequitable.

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

JOE CHADWELL and DEMOLITION     
LANDFILL
vs.
KNOX COUNTY TENNESSEE and the   
BOARD OF ZONING APPEALS
vs.
UNITED VALLEYS ASSOCIATION

Court:TCA

Attorneys:

RICHARD T. BEELER, Knox County Law Director and MARY ANN STACKHOUSE,
Deputy Law Director, for Knox County and Board of Zoning Appeals.

KEITH McCORD and DAVID L. McCORD, McCord, Troutman & Irwin, P.C.,
Knoxville, for United Valleys Association.

MATTHEW J. EVANS, Butler, Vines & Babb, P.L.L.C., Knoxville, for Joe
Chadwell Demolition Landfill.
                          
Judge:McMurray

First Paragraph:

In this action, the petitioners sought judicial review, by way of an
application for a writ of certiorari, of a decision of the Knox County
Board of Zoning Appeals denying a permit for a "demolition landfill"
as a use on review pursuant to the provisions of the Knox County
Zoning Ordiance. In the same pleadings, the petitioners sought a
declaratory judgment as to whether a "demolition landfill" located on
the property of the petitioners came within the "grandfather clause"
of Knox County's Zoning Ordinance and, therefore, could not be
prohibited from continuing its landfill operation.  After a hearing on
cross-motions for summary judgment, the trial court determined that
the Board of Zoning Appeals had not acted illegally, arbitrarily and
capriciously and, therefore, denied relief under the Writ of
Certiorari.  After this finding, however, the court, in the
declaratory judgment action found that the landfill located on the
petitioners' property was "grandfathered" under the provisions of the
Knox County Zoning Ordinance and that "the land may be operated and
permitted for purposes consistent with its past use as a demolition
landfill (as presently defined by the Knox County Zoning Resolution)."

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

DEWEY HARLESS
vs.
CITY OF KINGSPORT

Court:TCA

Attorneys: 

For Appellant                   For Appellee

DEWEY HARLESS, Pro Se           J. MICHAEL BILLINGSLEY
Kingsport, Tennessee            Kingsport, Tennessee
                         
Judge:Susano

First Paragraph:

This litigation originated when Dewey Harless ("Harless") filed a
petition for writ of certiorari seeking review of administrative
decisions of Zack Wright ("Wright"), Building Official for the
defendant City of Kingsport ("the City").  Those rulings decree the
demolition of two structures owned by Harless.  Wright's orders were
issued in accordance with the provisions of Section 6-320, et seq., of
the City's 1981 Code of Ordinances, which provisions, in turn, were
enacted pursuant to T.C.A. S 13 21-101, et seq. (1992 & Supp. 1997).

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

CAROLYN DRAKE MARTIN
vs.
DONALD WAYNE MARTIN

Court:TCA

Attorneys:

For Appellant                   For Appellee

JEAN MUNROE                     LOREN E. PLEMMONS
Knoxville, Tennessee            Lenoir City, Tennessee

LAURA RULE HENDRICKS
Eldridge, Irvine & Hendricks
Knoxville, Tennessee
                          
Judge:Susano

First Paragraph:

This is a divorce case.  Following a bench trial, the lower court took
the parties' issues under advisement.  A week later, the court filed
its memorandum opinion.  It subsequently entered a final judgment,
which awarded the parties joint custody of their three children;
designated Carolyn Drake Martin ("Wife") as the residential custodian
during the school year and Donald Wayne Martin ("Husband") as the
residential custodian during the summer months; established
co-parenting times for each parent; awarded Wife monthly child support
of $1,000, but reduced the support to $250 per month during the summer
months; and denied Wife's request for alimony and attorney's fees. 
Wife appealed, arguing that she should have been awarded sole custody,
and that the co-parenting times should be changed.  She also contends
that the trial court erred in failing to award her rehabilitative
alimony and in failing to grant her request that Husband pay her
attorney's fees.  By a separate issue, Husband also challenges the
co-parenting times.  In addition, he contends that the trial court did
not properly calculate child support.

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

IN THE MATTER OF THE ADOPTION   
OF SUMMER SIERRA MASSENGALE 
    
CRAIG MARCEL BULL and               
DEBRA FAYE BULL 

KAREN DENISE MASSENGALE             
vs.
CHRISTOPHER WAYNE RANDOLPH

Court:TCA

Attorneys: 

MICHAEL S. PINEDA OF CHATTANOOGA FOR APPELLANTS

CHARLES G. WRIGHT, JR., OF CHATTANOOGA FOR APPELLEE
                         
Judge:Goddard

First Paragraph:

In this adoption proceeding, Craig Marcel Bull and his wife, Debra
Faye Bull, appeal a determination of the Circuit
Court for Hamilton County that they had not shown by clear and
convincing evidence that Christopher Wayne Randolph, father of Summer
Sierra Massengale, was guilty of any acts which would entitle them to
have his parental rights terminated.  This determination, of course,
precluded the Bulls from adopting the child.

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

JIMMY R. NORMAN 
vs.
PATRICIA NORMAN 
AND  
PATRICIA NORMAN 
vs.
JIMMY R. NORMAN 
AND 
JAMES GREGORY NORMAN,   
CANDY HOLT (NORMAN),    
EMMA JANE NORMAN, et al.

Court:TCA

Attorneys:

MICHAEL S. PINEDA OF CHATTANOOGA FOR APPELLANTS

CHARLES G. WRIGHT, JR., OF CHATTANOOGA FOR APPELLEE
                          
Judge:Goddard

First Paragraph:

In this adoption proceeding, Craig Marcel Bull and his wife, Debra
Faye Bull, appeal a determination of the Circuit
Court for Hamilton County that they had not shown by clear and
convincing evidence that Christopher Wayne Randolph, father of Summer
Sierra Massengale, was guilty of any acts which would entitle them to
have his parental rights terminated.  This determination, of course,
precluded the Bulls from adopting the child.

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

LINETTE PORTER-METLER
vs.
ROBERT C. EDWARDS

Court:TCA

Attorneys:

DAVID DAY, Day & Birdwell, P.C., Cookeville, for Appellant.

R. FRANKLIN NORTON and GEOFFREY D. KRESSIN, Norton & Luhn, P.C.,
Knoxville, for Appellee.
                          
Judge:McMurray

First Paragraph:

This is a legal malpractice action.  The plaintiff, Linette
Porter-Metler, hired the defendant to represent her in an automobile
accident case wherein she sued Patti Rose for injuries resulting from
the accident.  The essence of plaintiff's complaint in this action is
that the defendant failed to timely reissue service of process against
Rose, thereby negligently allowing her complaint to be dismissed. 
Defendant filed a motion for summary judgment, asserting that the
one-year statute of limitations for legal malpractice actions had run,
thereby barring plaintiff's action.  The trial court granted summary
judgment.  This appeal resulted.  We reverse the judgment of the trial
court.

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

KATHERINE RENEE RICE
vs.
JAMES TIMOTHY RICE

Court:TCA

Attorneys:

For Appellant                       For Appellee

LYNN TARPY                          S. RANDOLPH AYRES
THOMAS M. LEVEILLE                  Athens, Tennessee
Hagood, Tarpy & Cox, P.L.L.C.
Knoxville, Tennessee
                          
Judge:Susano

First Paragraph:

In this divorce case, the trial court awarded the original defendant,
James Timothy Rice ("Husband"), an absolute divorce from Katherine
Renee Rice ("Wife"); granted Husband custody of the parties' child,
Madalyn Sue Rice (DOB: April 20, 1993); divided the parties' personal
property and debts; and pronounced other decrees that are not relevant
to the issues on this appeal.

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

VIRGINIA SHANKEL
vs.
TINA MARIE MORRIS and WILLIAM   
JARREL MORRIS

Court:TCA

Attorneys:

DAVID S. HAYNES for plaintiff-appellant.

STEVEN C. ROSE, for Farmers Mutual Insurance Company.
                          
Judge:McMurray

First Paragraph:

This case was instituted to recover damages for alleged injuries
resulting from an automobile accident between an automobile in which
the plaintiff was a guest passenger and an automobile driven by the
defendant, Tina Marie Morris.  The personal injury case was settled.
This is a dispute between the plaintiff and Farmers Mutual Insurance
Company regarding attorney's fees to which the plaintiff claims to be
entitled for services rendered in the recovery of medical expenses for
which Farmers Mutual asserts a subrogation interest.

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

JAMES E. SWIGGETT
vs.
CARL R. OGLE, JR., and          
J. MICHAEL KERR

Court:TCA

Attorneys:

JAMES E. SWIGGETT, Appellant, Pro se.

CARL R. OGLE, JR., and J. MICHAEL KERR, Appellees, Pro se.
                          
Judge:McMurray

First Paragraph:

This action originated as an action for legal malpractice.  The
appellant, who is an inmate in a Department of Corrections facility,
alleges th(TM)! *(TM)-*vil rights a(c)oePn, pro se, in the Federal
District Court at Greenville against certain officials of Hawkins
County.  He further avers that after filing the action, he contracted
with the defendant, Ogle, to represent him.  Under the terms of the
agreement, Ogle accepted employment by the plaintiff whereby it was
agreed that Ogle would receive a non-refundable fee of $7,500.00 and
$2,500.00 for investigation and preparation of depositions, and that
any unused portion of the $2,500.00 would be refunded.  The appellant
further charges that Ogle failed to do any investigative work or
prepare any depositions.   He asserts that Ogle, thereby, breached his
contract of employment and refused to refund monies owed to the
plaintiff.

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

DIANA JEAN WHARTON
vs.
WALTER H. WHARTON, JR.

Court:TCA

Attorneys:

J. ANDREW STINNETT OF CHATTANOOGA FOR APPELLANT

L. THOMAS AUSTIN OF DUNLAP FOR APPELLEE
                          
Judge:Goddard

First Paragraph:

Diana Jean Wharton appeals a divorce decree of the Circuit Court for
Rhea County, wherein the Trial Judge declared that both parties were
entitled to a divorce pursuant to T.C.A. 36-4-129.  He thereupon
divided the marital property, ordered Mr. Wharton to pay
rehabilitative alimony of $50 per week for a period of nine months,
granted Mrs. Wharton one-half interest in the value of Mr. Wharton's
Sprinkler Industries Supplementary Retirement Plan, refused to award
her any interest in the National Automatic Sprinkler Industry pension
fund.  He also found that the parties should retain the personal
property then in their possession, but declined to onerate Mr. Wharton
with any future medical bills incurred by the Plaintiff.

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

JERRY W. BURTON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

JERRY W. BURTON             JOHN KNOX WALKUP
Pro Se                      Attorney General and Reporter

                            MICHAEL J. FAHEY, II
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243

                            DAVID CROCKETT
                            District Attorney General
                            Route 19, Box 99
                            Johnson City,  37601
                         
Judge:WELLES

First Paragraph:

The Appellant appeals as of right from the trial court's dismissal of
his pro se petition for Writ of Habeas Corpus.  It appears from the
petition and exhibits filed therewith that the Appellant was convicted
of criminal sexual conduct in the first degree, assault with intent to
commit murder, kidnapping and armed robbery and sentenced to life
imprisonment plus twenty-four years in 1979.  On August 30, 1996, the
Appellant filed the instant habeas corpus petition alleging that his
judgments of conviction were void because the indictment failed to
adequately allege the culpable mental state required of each offense
charged.  The trial court dismissed the petition.  We conclude that
the Appellant is not entitled to habeas corpus relief and we therefore
affirm the trial court's order of dismissal.

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

STATE OF TENNESSEE
vs.
BERLIN COOLEY, JR.

Court:TCCA

Attorneys: 

For the Appellant:                      For the Appellee:

Charles W. Burson                       Kenneth L. Miller
Attorney General of Tennessee           P.O. Box 191
     and                                Cleveland, TN 37364-0191
Michael J. Fahey, II                    
Assistant Attorney General of TN                    
450 James Robertson Parkway     
Nashville, TN 37243-0493

Jerry N. Estes                  
District Attorney General
     and
Rebble S. Johnson
Assistant District Attorney General
203 E. Madison Avenue
Athens, TN 37303-0647                            

Judge:Tipton

First Paragraph:

The state of Tennessee appeals as of right from the Bradley County
Criminal Court's dismissal of a case primarily charging the defendant,
Berlin Cooley, Jr., with driving under the influence (DUI), fourth
offense.  The trial court ruled that further prosecution after the
defendant was held for eight hours without bond at the time of his
arrest would be in violation of the Double Jeopardy Clause.  The state
contends that the trial court erred in that the eight-hour detention
did not constitute punishment for double jeopardy purposes and that,
in any event, the detention was not for the same conduct for which he
was arrested and charged.  Pursuant to the holding in State v.
Pennington, 952 S.W.2d 420 (Tenn. 1997), we are required to reverse
the trial court and remand the case.

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

ERIC EDWARDS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

DOUGLAS A TRANT OF KNOXVILLE FOR APPELLANT

JOHN KNOX WALKUP, Attorney General & Reporter, and MICHAEL J. 

FAHEY, II, Assistant Attorney General, OF NASHVILLE FOR APPELLEE
                          
Judge:Goddard

First Paragraph:

Eric L. Edwards appeals the Knox County Circuit Court's denial of his
petitions for post-commitment relief.  The only issue raised on
appeal, which we restate, is whether Mr. Edwards can avail himself of
the remedies provided by the Juvenile Post Commitment Procedures Act,
T.C.A. 37-1-301, et seq., though he is neither a juvenile nor "in
custody."

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

DAVID W. FELTS
vs.
CHARLES JONES, Warden,  
and STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:
DAVID W. FELTS                  JOHN KNOX WALKUP
Pro Se                          Attorney General & Reporter
M.C.R.C.F.
P.O. Box 2000                   TIMOTHY F. BEHAN
Wartburg, TN  37887-2000        Assistant Attorney General                          
                                450 James Robertson Parkway                         
                                Nashville, TN 37243-0493

                                CHARLES E. HAWK
                                Dist. Attorney General
                                    
                                FRANK HARVEY
                                Asst. Dist. Attorney General
                                P.O. Box 703
                                Kingston, TN  37763
                          
Judge:WITT

First Paragraph:

The petitioner, David W. Felts, appeals the Morgan County Criminal
Court's summary denial of his petition for the writ of habeas corpus. 
According to his petition, Felts is presently serving a 23-year
incarcerative sentence following his guilty pleas to the crimes of
aggravated sexual battery and rape of a child.  He alleges he is
entitled to issuance of the writ of habeas corpus because the
indictments against him fail to allege a culpable mens rea.  He also
claims the lower court should have appointed counsel and conducted a
hearing prior to ruling on his petition.  We affirm the judgment of
the court below.

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

STATE OF TENNESSEE
vs.
RAY CHARLES GASAWAY

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:


THOMAS H. MILLER                JOHN KNOX WALKUP
P.O. Box 681662                 Attorney General & Reporter
Franklin, TN   37068-1662
                                ELIZABETH B. MARNEY
                                Asst. Attorney General
                                425 Fifth Ave. N.                                       
                                Nashville, TN  37243-0493
                
                                VICTOR S. JOHNSON III
                                District Attorney General

                                WILLIAM REED
                                Asst. District Attorney General
                                200 Washington Sq., Ste. 500
                                Nashville, TN   37201                          

Judge:PEAY

First Paragraph:

The defendant was charged with two counts of sexual battery and three
counts of rape; a jury convicted him of all charges.  After a hearing
the defendant was sentenced as a Range I standard offender to two
years incarceration on each of the sexual battery convictions and
twelve years on each of the rape convictions.  All sentences were
ordered to be served concurrently.  In this appeal as of right, the
defendant contends that the indictments are fatally defective, that
the evidence is not sufficient to support his rape convictions and
that his sentences are excessive.  Upon our review of the record, we
reduce the defendant's sentences on the sexual battery convictions,
but otherwise affirm the judgment below.

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

JAMES GILLIHAN  a/k/a       
DAVID GILLIHAN  
    vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

EUGENE HONEA                    JOHN KNOX WALKUP
Assistant Public Defender       Attorney General & Reporter
407-C Main St., P.O. Box 68
Franklin, TN 37243-0068         DARYL J. BRAND
                                Assistant Attorney General
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493    

                          
Judge:WITT

First Paragraph:

The petitioner, James Gillihan, appeals pursuant to Rule 3 of the
Tennessee Rules of Criminal Procedure from the trial court's dismissal
of his petition for post-conviction relief.  In this appeal, the
petitioner contends that the trial court erred in dismissing his
petition.  We disagree and affirm the action of the trial court.

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

STATE OF TENNESSEE
vs.
WILLIAM HOWARD GRAY

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:


SHARA A. FLACY                  JOHN KNOX WALKUP
Public Defender                 Attorney General & Reporter

DANIEL J. RUNDE                 GEORGIA BLYTHE FELNER
Asst. Public Defender           Counsel for the State
P. O. Box 1208                  John Sevier Bldg.
Pulaski, TN 38478               425 Fifth Ave. North
     (On Appeal)                Nashville, TN  37243-0493
    
JAMES DANIEL FREEMON            MIKE BOTTOMS
West Gaines St.                 District Attorney General
Lawrenceburg, TN 38464
     (At the Hearing)           JAMES G. WHITE
                                Asst. District Attorney General
                                P. O. Box 279
                                Lawrenceburg, TN 38464
                         
Judge:PEAY

First Paragraph:

The defendant was indicted on June 8, 1993, on charges of incest and
statutory rape.  He pled guilty to the incest charge, and the
statutory rape charge was dismissed.  By agreement, the defendant
received a sentence of five years in the Department of Correction. 
This sentence was fully suspended and the defendant was placed on
immediate probation.

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

STATE OF TENNESSEE
vs.
ROBERT LEE MALLARD

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

JEFF BURTON                         JOHN KNOX WALKUP
Asst. Public Defender               Attorney General & Reporter
201 West Main
Suite 101, Court Square Bldg.       GEORGIA BLYTHE FELNER   
Murfreesboro, TN 37130              Counsel for the State
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493    

                                    WILLIAM C. WHITESELL, JR.
                                    District Attorney General
                
                                    DALE ROBINSON
                                    Asst District Attorney General
                                    3rd Floor, Judicial Building
                                    Murfreesboro, TN 37130
                         
Judge:WITT

First Paragraph:

Robert Lee Mallard, the defendant, appeals from his convictions in the
Rutherford County Circuit Court for simple possession of a controlled
substance (cocaine) and possession of drug paraphernalia for which he
received concurrent sentences of eleven months and twenty-nine days. 
At the time of sentencing, he had served approximately 110 days, and
the trial judge immediately placed him on supervised probation.   In
this appeal, the defendant contends that the evidence in the record is
insufficient to support his convictions beyond a reasonable doubt.

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

CLINTON MASON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:

THOMAS A. LONGABERGER
300 James Robertson Parkway
3rd Floor
Nashville, TN 37201
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

ELIZABETH B. MARNEY
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

VICTOR S. JOHNSON III
District Attorney General

KATRIN MILLER
Assistant District Attorney General
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201-1649                         

Judge:RILEY

First Paragraph:

The petitioner, Clinton Mason, appeals the trial court's dismissal of
his petition for post-conviction relief.  The issue presented on
appeal is whether the record is sufficient for this Court to make a
determination of effective assistance of appellate counsel.  The
judgment of the trial court is affirmed.

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

JERRY NELSON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:      FOR THE APPELLEE:

JERRY NELSON            JOHN KNOX WALKUP
Pro Se                  Attorney General and Reporter

                        TIMOTHY F. BEHAN
                        Assistant Attorney General
                        425 Fifth Avenue North
                        Nashville, TN 37243

                        DAVID CROCKETT
                        District Attorney General
                        Route 19, Box 99
                        Johnson City,  37601
                          

Judge:WELLES

First Paragraph:

The Appellant appeals as of right from the trial court's dismissal of
his pro se petition for Writ of Habeas Corpus.  It appears from the
petition and exhibits filed therewith that the Appellant was convicted
of rape and sentenced to life imprisonment in 1977.  On September 11,
1996, the Appellant filed the instant habeas corpus petition alleging
that his judgment of conviction was void because the indictment failed
to adequately allege the culpable mental state required of the offense
charged.  The trial court dismissed the petition.  We conclude that
the Appellant is not entitled to habeas corpus relief and we therefore
affirm the trial court's order of dismissal.

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

HAROLD VERNON SMITH
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

HAROLD VERNON SMITH             JOHN KNOX WALKUP
Pro Se                          Attorney General and Reporter
Ann X N.E.C.C.
P.O. Box 5000                   SANDY COPOUS PATRICK
Mountain City, TN 37683-5000    Assistant Attorney General
                                425 5th Avenue North
                                Nashville, TN 37243

                                C. BERKELEY BELL
                                District Attorney General

                                DOUG GODBEE
                                Asst District Attorney General
                                Courthouse, Main Street
                                Rogersville, TN 37857
                         
Judge:WELLES

First Paragraph:

The Petitioner, Harold Vernon Smith, appeals the trial court's
dismissal of his pro se petition for post-conviction relief.  The is
the latest installment of his  collateral challenges to his life
sentence as an habitual criminal.  In his petition, he argued that the
indictments for the underlying offenses failed to charge essential
elements of the offenses.  The trial court dismissed the petition.  We
conclude that the Appellant is not entitled to post-conviction relief
and we therefore affirm the trial court's order of dismissal.

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

STATE OF TENNESSEE
vs.
GREGORY SCOTT TYREE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

NANCY MEYER                         JOHN KNOX WALKUP
Office of the Public Defender       Attorney General and Reporter
101 South Main Street, Ste 450
Clinton, TN 37716                   PETER M. COUGHLAN
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    JAMES M. RAMSEY
                                    District Attorney General

                                    JAN HICKS
                                    Asst District Attorney General
                                    127 Anderson County Courthouse
                                    100 S. Main Street
                                    Clinton, TN 37716
                          
Judge:WELLES

First Paragraph:

The Defendant, Gregory Scott Tyree, appeals as of right pursuant to
Rule 3, Tennessee Rules of Appellate Procedure.  He was convicted by a
Anderson County jury of aggravated rape and sentenced as a standard,
Range I offender to twenty-five years imprisonment.  He argues three
issues in this appeal: (1) That the trial court erred by introducing
evidence of the content of a 1-900 telephone call made from the
victim's home; (2) that the trial court misapplied sentence
enhancement factors and erred in sentencing the Defendant to
twenty-five years; and (3) that the trial court erred by refusing to
give pretrial jail credit.  We affirm the judgment of the trial court.

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

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