TBALink Opinion-Flash

May 15, 1998 -- Volume #4 -- Number #078

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
00-New Opinons From TCA
03-New Opinons From TCCA

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George Dean
TBALink Chief Editor


STATE OF TENNESSEE
vs.
JARROD C. ADREON

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

Thomas L. Whiteside             John Knox Walkup
Fowlkes & Whiteside             Attorney General & Reporter
172 Second Ave. N., Ste. 214
Nashville, TN. 37201-1908       Lisa A. Naylor
                                Asst Attorney General
                                2nd Floor Cordell Hull Building
                                425 Fifth Avenue North
                                Nashville, TN. 37243-0493

                                Joseph D. Baugh, Jr.
                                District Attorney General

                                Derek K. Smith
                                Asst District Attorney
                                Williamson Co. Cthse. Ste. G-6
                                Franklin, TN. 37065

                                John W. Barringer, Jr.
                                Asst District Attorney
                                Williamson Co. Cthse. Ste. G-6
                                Franklin, TN. 37065
                                                      

Judge:BARKER

First Paragraph:

The appellant, Jarrod C. Adreon, appeals as of right the conviction
and sentence he received in the Circuit Court of Williamson County. 
The appellant was indicted for vehicular homicide resulting from
alleged conduct creating a substantial risk of death or serious bodily
injury to a person.  Tenn. Code Ann. S 39-13-213(a)(1) (Supp. 1994). 
After a jury trial, appellant was convicted of criminally negligent
homicide and was sentenced as a Range I offender to one (1) year in
the Department of Correction.

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

STATE OF TENNESSEE
vs.
JAMIL BUTLER

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

ROBERT J. MENDES            JOHN KNOX WALKUP
209 Tenth Avenue South      Attorney General and Reporter
Nashville, TN 37203
                            DEBORAH A. TULLIS
                            Asst Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243

                            VICTOR S. JOHNSON
                            District Attorney General

                            PAUL DEWITT
                            Asst District Attorney General
                            Washington Square, Suite 500
                            222 Second Avenue North
                            Nashville, TN 37201-1649
                          

Judge:WELLES

First Paragraph:

The Defendant, Jamil Butler, appeals as of right pursuant to Rule 3 of
the Tennessee Rules of Appellate Procedure.  He was convicted by a
Davidson County jury of one count of aggravated robbery and sentenced
as a standard, Range I offender to twelve years imprisonment.  He
appeals his conviction, raising the following issues for our review:
(1) That the trial court erred in denying the Defendant's motion to
suppress the identification of him from a photographic lineup; (2)
that the trial court erred in allowing the State's witnesses who
viewed the impermissibly suggestive photographic lineup to testify at
trial; (3) that the trial court erred in allowing the jury to view
surveillance photos from another robbery; (4) that the trial court
erred in denying the Defendant's motion to dismiss because the
audiotape of the preliminary hearing was lost; (5) that the evidence
was insufficient to support a verdict of guilt; and (6) that trial
counsel rendered ineffective assistance.  We affirm the judgment of
the trial court.

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

JONAS ROME COLE
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:              For the Appellee:

Richard McGee                   Charles W. Burson
Washington Sq Two, Ste 417      Attorney General of Tennessee
222 Second Avenue, North            and
Nashville, TN 37201             Karen M. Yacuzzo
                                Asst Attorney General of TN                     
                                450 James Robertson Parkway     
                                Nashville, TN 37243-0493

                                Victor S. Johnson, III
                                District Attorney General
                                    and
                                D. Paul DeWitt
                                Asst District Attorney General
                                Washington Square, Suite 500
                                222 Second Avenue, North
                                Nashville, TN 37201-1649                         

Judge:Tipton

First Paragraph:

The petitioner, Jonas Rome Cole, appeals as of right from the Davidson
County Circuit Court's dismissal of his petition for post-conviction
relief after an evidentiary hearing.  The trial court dismissed the
petition, holding that it was barred by the applicable statute of
limitations and that the issues raised in the petition were without
merit.  The petitioner contends that the petition is not barred by the
statute of limitations.  He argues that he is entitled to
post-conviction relief because he received the ineffective assistance
of counsel at trial and on appeal, his equal protection rights were
violated by the state's discriminatory exercise of its peremptory
challenges, and the reasonable doubt jury instruction that was given
at his trial allowed the jury to convict him based on a lower standard
of proof than is constitutionally required.  We affirm the judgment of
the trial court.

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

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