TBALink Opinion-Flash

June 10, 1998 -- Volume #4 -- Number #088

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
02-New Opinons From TCA
19-New Opinons From TCCA

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George Dean
TBALink Chief Editor


CLAYTON HOMES, INC. 
vs.
ALBERT D. BOWLING   

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellant:                  For the Appellee:

Norbert J. Slovis                   Linda J. Hamilton Mowles
Lockett, Slovis & Weaver            Lewis, King, Krieg, Waldrop
Eighth Floor, Medical Arts Bldg.    & Catron, P.C.
603 Main Avenue                     One Centre Square
P.O. Box 1668                       620 Market St., Fifth Floor
Knoxville, Tenn.  37901-1668        P.O. Box 2425
                                    Knoxville, Tenn.  37901
                         
Judge:THAYER

First Paragraph:

The appeal has resulted from a ruling of the trial court that the
employee's attorney was not entitled to an award of attorney's fees
from medical expenses recovered in the case.

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

GEORGE ELLIOTT
vs.                                   
CITY OF CLARKSVILLE

Court:TSC - Workers Comp Panel

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:
                            
STACY A. TURNER                     W. TIMOTHY HARVEY     
105 South Third Street              121 South Third Street   
Clarksville, Tennessee 37040        Clarksville, Tennessee 37040                                                  
                         
Judge:RUSSELL

First Paragraph:

The appellant worked for the City of Clarksville as a policeman.  He
sued his employer, claiming that he had suffered a compensable stroke
resulting in permanent impairment, and relied upon the presumption
created by T.C.A. Section 7-51-201 that the alleged stroke was
presumed to have occurred or to be due to accidental injury suffered
in the course of employment.

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

ROBERT LARRY JONES
vs.
MAGNETEK CENTURY ELECTRIC,  
INC. and ITT HARTFORD

Court:TSC - Workers Comp Panel

Attorneys:  

For Plaintiff:              For Defendants:

Michael L. Weinman          Stephen R. Butler and 
Tatum, Tatum & Weinman      Frank S. Cantrell
124 East Main St.               Jackson, Shields, Yeiser & Cantrell
P. O. Box 293               262 German Oak Dr.
Henderson, TN 38340         Cordova, TN 38018
                        
Judge:TOMLIN

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. S 50-6-225(e)(3) for hearing and reporting of
findings of fact and conclusions of law.  In this appeal, the
employer, Magnetek Century Electric, Inc., ("defendant") contends that
the trial court erred in awarding permanent partial disability
benefits on the basis of forty-nine percent (49%) disability to the
body as a whole as well as in commuting the award to a lump sum.  The
panel finds that the award should be modified to one based on twelve
and one half percent (12 %) disability to the body as a whole and
that the trial court abused its discretion in making a lump sum award.

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

RANDALL WAYNE MYERS
vs.                                       
ROYAL INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:
                            
JAMES W. WHITE                      DEBBIE C. HOLLIMAN    
MARK W. PETERS                      WILLIAM JOSEPH BUTLER    
WALLER, LANSDEN, DORTCH & DAVIS     FARRAR & HOLLIMAN             
Nashville City Center               P. O. Box 488
511 Union Street, Suite 2100        Carthage, Tennessee 37030 
Nashville, Tennessee 37219                                                                                       
                         
Judge:RUSSELL

First Paragraph:

Randall Wayne Myers worked for Nissan for seven years doing
repetitive, hand-intensive assembly with power tools.  As a result he
developed bilateral hand neuropathy. Surgical release of the right
carpal tunnel was performed, but the employee chose not to have
surgery on the left.

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

LINDA LOU SHANK
vs.
WAL-MART STORES, INC.

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:              For the Appellee:

Wesley R. Kliner, Jr.           D. Russell Thomas
Allen & Kliner, P.L.L.C.        218 West Main Street, Suite One
P.O. Box 23583                  Murfreesboro, TN  37130
Chattanooga, TN  37422-3583
                          
Judge:BYERS

First Paragraph:

Review of the findings of fact made by the trial court is de novo upon
the record of the trial court, accompanied by a presumption of the
correctness of the findings, unless the preponderance of the evidence
is otherwise.  Tenn. Code Ann.  S 50-6-225(e)(2); Stone v. City of
McMinnville, 896 S.W.2d 548, 550 (Tenn. 1995).

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

GREG SWAFFORD, M.D.
vs.
MEMPHIS INDIVIDUAL PRACTICE 
ASSOCIATION, SOUTHERN HEALTH    
PLAN, INC., THE APPLE PLAN, a       
Product of the Southern Health Plan,    
Inc., a Federally Qualified Health      
Maintenance Organization, BLUE      
CROSS AND BLUE SHIELD OF        
TENNESSEE, INC., THCC, INC., a  
Tennessee Non-Profit Corporation

Court:TCA

Attorneys:

For the Plaintiff/Appellant:        For the Defendants/Appellees
                                    Memphis Individual Practice 
                                    Association and Southern 
                                    Health Plan, Inc.:
William J. Simmons                  John I. Houseal, Jr.
Memphis, Tennessee                  William L. Bomar       
                                    Leo Bearman, Jr.
                                    Sean M. Haynes
                                    Gary K. Smith
                                    Steven S. Heinrichs
                                    Memphis, Tennessee

                          
Judge:FARMER

First Paragraph:

This is a libel suit brought by a physician against a health
maintenance organization and related health insurance entities.  The
trial court granted summary judgment in favor of the defendants based
on the statute of limitations.  The lawsuit involves allegedly false
information reported to the National Practitioner Data Bank.  In an
issue of first impression, we hold that each dissemination of the
allegedly defamatory information by the Data Bank gives rise to a
separate cause of action.  The grant of summary judgment is affirmed
in part and reversed in part, and the cause is remanded.

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

JUDITH ANN WARREN TAYLOR
vs.
MICHAEL RAYMOND TAYLOR

Court:TCA

Attorneys: 

Marti L. Kaufman, MONROE, KAUFMAN & McGHEE, Memphis, Tennessee
Attorney for Defendant/Appellant.

Stevan L. Black,
Kimberly Harris Jordan,
BLACK, BOBANGO & MORGAN, P.C., Memphis, Tennessee
Attorney for Plaintiff/Appellee.
                         
Judge:FARMER

First Paragraph:

Judith Ann Taylor ("Wife") filed a complaint for divorce against
Michael Raymond Taylor ("Husband") and also sought an injunction
prohibiting Husband from dissipating marital assets.  Husband filed an
answer and counter-complaint for divorce.  The trial court granted
Wife the divorce on the grounds of inappropriate marital conduct and
awarded her rehabilitative alimony, partial attorney fees, and 60% of
the marital assets.  Husband appeals and raises the following issues:
whether the trial court erred (1) in awarding Wife rehabilitative
alimony of $1,300 per month for 60 months; (2) in ordering Husband to
pay $20,000 as alimony in solido for Wife's attorney fees; (3) in
ordering Husband to pay a portion of Wife's health insurance coverage;
(4) in requiring Husband to maintain a life insurance policy which
exceeds the total amount of child support owed; and (5) in dividing
the marital property of the parties.  Wife submits the additional
issue of whether she is due attorney fees on appeal.  For the reasons
stated below, we find no error and affirm the trial court's judgment
in all respects.

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

STATE OF TENNESSEE
vs.
DONALD GENE BROOKS

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

GREGORY D. SMITH (on appeal)        JOHN KNOX WALKUP
Attorney At Law                     Attorney General & Reporter
One Public Sq., Ste. 321
Clarksville, TN  37040              JANIS L. TURNER 
                                    Counsel for the State
EDWARD E. DEWERFF (at trial)        425 Fifth Ave. N., 2d Floor
Attorney at Law                     Nashville, TN  37243-0493
103 S. Third St.
Clarksville, TN  37040              JOHN W. CARNEY, JR.
                                    District Attorney General

                                    ARTHUR BIEBER
                                    Asst. District Attorney General
                                    204 Franklin St., Ste. 200
                                    Clarksville, TN 37040                          

Judge:WITT

First Paragraph:

The defendant, Donald Gene Brooks, stands convicted of first degree
felony murder, especially aggravated robbery, theft of property valued
over $1,000, and setting fire to personal property, all related to the
robbery and killing of Joseph J. Wisniewski.  He received his
convictions following a jury trial in the Montgomery County Criminal
Court.  Brooks is incarcerated in the Department of Correction serving
his effective sentence of life plus 27 years.  In this direct appeal,
Brooks challenges the sufficiency of the convicting evidence and the
length of sentence imposed.  Having reviewed the record and the briefs
of the parties, we affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
JAMES D. CAULEY

Court:TCCA

Attorneys: 

For the Appellant:          For the Appellee:

Thomas F. Bloom             John Knox Walkup
500 Church Street           Attorney General and Reporter
Fifth Floor 
Nashville, TN  37219        Deborah A. Tullis
                            Assistant Attorney General                              
                            Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493                
                        
                            Victor S. (Torry) Johnson III
                            District Attorney General

                            Steve R. Dozier
                            Asst. District Attorney General
                            Washington Square, Suite 500
                            222-2nd Avenue N
                            Nashville, TN  37201-1649
                         
Judge:Hayes

First Paragraph:

The appellant, James D. Cauley, appeals from an order entered in the
Criminal Court for Davidson County dismissing his petition for
post-conviction relief.  The appellant contends that he was denied
effective assistance of counsel.

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

STATE OF TENNESSEE
vs.
MICHAEL DWAYNE DAVIS

Court:TCCA

Attorneys:

FOR THE APPELLANT:

TOM W. CRIDER
District Public Defender

JOYCE DIANE STOOTS
Assistant Public Defender
107 S. Court Square
Trenton, TN  38382-1866
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

GEORGIA BLYTHE FELNER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

CLAYBURN L. PEEPLES
District Attorney General

EDWARD L. HARDISTER
Assistant District Attorney General
110 College Street, Suite 200
Trenton, TN  38382-1841
                          
Judge:SMITH

First Paragraph:

The defendant, Michael Dwayne Davis, entered guilty pleas in the
Gibson County Circuit Court to one (1) count of aggravated burglary, a
Class C felony, and one (1) count of theft over $1,000, a Class D
felony.  The trial court sentenced him as a Range I offender to
concurrent sentences of four (4) years for aggravated burglary and two
(2) years for theft.  The trial court ordered that defendant serve 
one (1) year in incarceration with the balance to be served on
community corrections.  On appeal, defendant argues that the trial
court erred in enhancing his aggravated burglary sentence one (1) year
above the minimum and in denying full probation.  We affirm the
judgment of the trial court, but modify the period of incarceration to
six (6) months.

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

STATE OF TENNESSEE
vs.
JOSEPH W. EZELL

Court:TCCA

Attorneys: 

For the Appellant:              For the Appellee:

John H. Henderson               John Knox Walkup
District Public Defender        Attorney General and Reporter
                            
Larry D. Drolsum                Karen M. Yacuzzo        
Assistant Public Defender       Assistant Attorney General
407-C Main Street               425 Fifth Avenue North
Franklin, TN 37065              Nashville, TN 37243-0493


                                Joseph D. Baugh, Jr.
                                District Attorney General

                                Jeffrey P. Burks
                                Assistant District Attorney
                                Williamson County Courthouse
                                Suite G-6
                                Franklin, TN 37065
                         
Judge:Barker

First Paragraph:

The appellant, Joseph W. Ezell, appeals as of right the sentences he
received  in the Williamson County Circuit Court.  Appellant was given
an effective sentence of thirty (30) years as a Range II offender for
his guilty pleas to numerous theft and burglary offenses.  On appeal,
he challenges both the length of his sentences and the order of
consecutive sentences.  After a review of the record, we affirm the
judgment of the trial court.

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

JERRY LEE FINCH
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For Appellant:                  For Appellee:

D. Michael Dunavant             John Knox Walkup
Bank of Ripley Building         Attorney General & Reporter
P.O. Box 150
Ripley, TN  38063               Elizabeth T.  Ryan
                                Assistant Attorney General
                                Cordell Hull Building, 2nd Floor
                                425 Fifth Avenue North
                                Nashville, TN  37243-0493

                                Elizabeth T. Rice
                                District Attorney General

                                Mark E. Davidson
                                Asst District Attorney General
                                302 Market Street
                                Somerville, TN  38068
                         
Judge:WADE

First Paragraph:

The petitioner, Jerry Lee Finch, appeals as of right from a judgment
of the trial court dismissing his petition for post-conviction relief.
 The single issue presented for our review is whether the petitioner
was denied the effective assistance of counsel.  We find no error and
affirm the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
ERIC M. FLORENCE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

Terry J. Leonard            John Knox Walkup
Attorney at Law             Attorney General & Reporter
9 North Court Square        425 Fifth Avenue, North
P. O. Box 957               Nashville, TN  37243-0497
Camden, TN  38320
                            Douglas D. Himes
                            Assistant Attorney General
                            425 Fifth Avenue, North
                            Nashville, TN  37243-0493

                            G. Robert Radford
                            District Attorney General
                            111 Church Street
                            P. O. Box 686
                            Huntingdon, TN  38344-0686

                            Jerry W. Wallace
                            Asst District Attorney General
                            P. O. Box 637
                            Parsons, TN  38363-0637
                         
Judge:WADE

First Paragraph:

The defendant, Eric M. Florence, entered pleas of guilt in the General
Sessions Court of Benton County to possession of marijuana and
unlawful possession of alcohol.  He was sentenced to eleven months and
twenty-nine days in the county jail; all but two days were suspended
on each count.  The sentences were to be concurrently served.  The
defendant incurred additional charges and his probation was revoked. 
He served a portion of his general sessions sentence and then moved
the court to suspend the remainder.  The general sessions court denied
the motion.  The defendant appealed to the circuit court.  That court
affirmed the decision of the general sessions court.

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

BRUCE WAYNE FLOURNOY
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:

RUSSELL A. LARSON
(At Hearing)
211 E. Main Street
P.O. Box 2163
Jackson, TN  38302-2163

PAMELA J. DREWERY
(On Appeal)
1008 W. Forest
Jackson, TN  38301
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

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

JAMES G. (JERRY) WOODALL
District Attorney General

ALFRED LYNN EARLS
Assistant District Attorney General
225 Martin Luther King Drive
P.O. Box 2825
Jackson, TN  38302-2825                         

Judge:RILEY

First Paragraph:

The petitioner, Bruce Wayne Flournoy, appeals the order of the Madison
County Circuit Court denying his petition for post-conviction relief
after an evidentiary hearing.  Petitioner was convicted upon his
guilty pleas to first degree murder and aggravated rape and received
concurrent sentences of life imprisonment and twenty (20) years,
respectively.  On appeal, petitioner claims that he received
ineffective assistance of counsel and his guilty pleas were not
knowingly, intelligently and voluntarily entered.  After a thorough
review of the record, the briefs submitted by the parties, and the law
governing the issues presented for review, it is the opinion of this
Court that the judgment of the trial court should be affirmed.

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

STATE OF TENNESSEE
vs.
ANTHONY P. GEANES

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

JOHN C. MASK, JR.           JOHN KNOX WALKUP 
P.O. Box 611                Attorney General & Reporter
Bolivar, TN  38008
                            CLINTON J. MORGAN 
                            Assistant Attorney General
                            2nd Floor, Cordell Hull Building
                            425 Fifth Avenue North
                            Nashville, TN  37243-0493

                            ELIZABETH T. RICE
                            District Attorney General 

                            JERRY W. NORWOOD 
                            Assistant District Attorney General
                            302 Market Street 
                            Somerville, TN  38068                          

Judge:WOODALL

First Paragraph:

The Defendant, Anthony P. Geanes, appeals as of right from his
conviction in the Circuit Court of Hardeman County.  Following a jury
trial, Defendant was convicted of delivery of a Schedule II controlled
substance.  He was sentenced to serve fifteen (15) years as a Range II
Offender.  In this appeal, Defendant challenges the sufficiency of the
evidence and the length of his sentence.  We affirm the judgment of
the trial court.

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

STATE OF TENNESSEE
vs.
WILLIAM WAYLON JACKSON, 
   a.k.a. BILL JACKSON

Court:TCCA

Attorneys:

FOR THE APPELLANT:

KATHLEEN L. CALDWELL
Taylor, Halliburton, Ledbetter &      Caldwell
44 N. Second Street, Suite 200
Memphis, TN  38103-2220

JOSEPH L. PATTERSON
(Trial Only)
225 W. Baltimore Street
Jackson, TN  38301-6137
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

GEORGIA BLYTHE FELNER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

G. ROBERT RADFORD
District Attorney General

JOHN W. OVERTON, JR.
Assistant District Attorney General
P.O. Box 484
Savannah, TN  38372-0484

JERRY W. WALLACE
Assistant District Attorney General
P.O. Box 637
Parsons, TN  38363-0637                          

Judge:RILEY

First Paragraph:

The defendant, William Waylon Jackson, was convicted by a Decatur
County jury of three (3) counts of the sale of marijuana over one-half
() ounce, Class E felonies.  The trial court sentenced him as a Range
II offender to concurrent terms of three (3) years for each count and
denied alternative sentencing.  On appeal, defendant contends that the
trial court erred in denying his motion to dismiss the indictment as
it violated the mandatory joinder provision of Tenn. R. Crim. P. 8(a).
 He further argues that the trial court imposed excessive sentences
and improperly denied alternative sentencing.  We affirm the judgment
of the trial court.

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

DALE MORRIS JENKINS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For Appellant:              For Appellee:

Wade Bobo                   John Knox Walkup
129 South Third Street      Attorney General and Reporter
Clarksville, TN  37040          
                            Lisa A. Naylor
                            Assistant Attorney General
                            Criminal Justice Division
                            Cordell Hull Building, Second Fl 
                            425 Fifth Avenue North
                            Nashville, TN  37243-0493
        
                            Arthur F. Bieber
                            Asst District Attorney General
                            204 Franklin Street, Ste. 200
                            Clarksville, TN  37040
                         
Judge:WADE

First Paragraph:

The petitioner, Dale Morris Jenkins, appeals from the trial court's
denial of post-conviction relief.  Convicted of first degree murder,
the petitioner received a sentence of life imprisonment for the 1991
murder of the victim, Florence Ogburn.  In this appeal of right, the
single issue presented for our review is whether the petitioner's
trial counsel was ineffective.

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

STATE OF TENNESSEE
vs.
KENNETH LEATH

Court:TCCA

Attorneys:

FOR THE APPELLEE:               FOR THE APPELLANT:

GEORGE MORTON GOOGE             JOHN KNOX WALKUP 
District Public Defender        Attorney General & Reporter

STEPHEN P. SPRACHER             MARVIN E. CLEMENTS, JR. 
Assistant Public Defender       Assistant Attorney General
227 West Baltimore              2nd Floor, Cordell Hull Building
Jackson, TN  38301              425 Fifth Avenue North
                                Nashville, TN  37243

                                JAMES G. WOODALL 
                                District Attorney General 

                                JAMES W. THOMPSON
                                Asst District Attorney General
                                225 Martin Luther King Drive 
                                P.O. Box 2825 
                                Jackson, TN  38302                          

Judge:WOODALL

First Paragraph:

In this case, the State has filed a notice of appeal pursuant to Rule
3 of the Tennessee Rules of Appellate Procedure.  The trial court
sentenced Defendant, Kenneth Leath, to six (6) years incarceration in
the Department of Correction as a Range II offender for his conviction
of burglary in violation of Tennessee Code Annotated section
39-14-402.  In a three (3) count indictment, the Defendant was
originally charged with one (1) count of burglary, one (1) count of
theft of property less than $500.00 value, and one (1) count of
vandalism in an amount less than $500.00.  The Defendant's guilty plea
was entered on July 16, 1997.  On that date, a document styled "Plea
of Guilty and Waiver of Jury Trial and Appeal" was signed by the
Defendant, his counsel, and the Assistant District Attorney.  That
document specifically states that the sentence to be imposed upon the
negotiated plea agreement pursuant to Rule 11(e)(1)(C) of the
Tennessee Rules of Criminal Procedure, was an eight (8) year, Range II
sentence in the Department of Correction.  The theft and vandalism
charges were to be dismissed.  At the guilty plea hearing, the trial
court agreed to allow the Defendant to plead guilty, but unilaterally
reduced the length of sentence to six (6) years.  We reverse and
remand this case to the trial court for further proceedings consistent
with this opinion.

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

WADE JAMES ODUM
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

N. ANDY MYRICK, JR.             JOHN KNOX WALKUP 
116 West Market Street          Attorney General & Reporter
Fayetteville, TN  37334
                                TIMOTHY F. BEHAN
                                Assistant Attorney General
                                2nd Fl., Cordell Hull Building
                                425 Fifth Avenue North 
                                Nashville, TN  37243

                                WILLIAM MICHAEL McCOWN
                                District Attorney General

                                WEAKLEY E. BARNARD
                                Asst District Attorney General
                                P.O. Box 904 
                                Fayetteville, TN  37334 
                         
Judge:WOODALL

First Paragraph:

The Petitioner, Wade James Odum, appeals from the order denying his
petition for post-conviction relief.  Petitioner was convicted of
theft and was sentenced as a career offender to serve fifteen (15)
years in the Tennessee Department of Correction.  After the conviction
was affirmed on direct appeal, Petitioner timely filed his petition
for post-conviction relief.  Following an evidentiary hearing, the
trial court dismissed the petition.  Petitioner argues the trial court
erred in denying him relief based upon the Sixth Amendment right to
the effective assistance of counsel.  We affirm the judgment of the
trial court.

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

STATE OF TENNESSEE
vs.
NORMAN JEFFREY PIPKIN

Court:TCCA

Attorneys:

For Appellant:              For Appellee:

Mike Mosier                 John Knox Walkup
Attorney at Law             Attorney General & Reporter
204 West Baltimore              
P.O. Box 1623               Elizabeth T. Ryan
Jackson, TN  38302-1623     Assistant Attorney General
                            425 Fifth Avenue North
                            Cordell Hull Building, Second Fl 
                            Nashville, TN  37243-0493
                            
                            Elizabeth T. Rice
                            District Attorney General
                            Hardeman County Courthouse
                            Bolivar, TN  38008

                            Jerry Norwood
                            Asst District Attorney General
                            Hardeman County Courthouse
                            Bolivar, TN  38008  
                                                
Judge:WADE

First Paragraph:

The defendant, Norman Jeffrey Pipkin, was denied an application for
pretrial diversion.  In this interlocutory appeal pursuant to Rule 9,
Tennessee Rules of Appellate Procedure, the defendant presents one
issue for review:  whether the trial court erred by ruling that the
district attorney did not abuse her discretion in denying the
defendant's application for pretrial diversion.

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

ODELL SMITH
vs.
STATE OF TENNESSEE

Court:TCCA

Judge:HAYES

First Paragraph:

This matter is before the Court upon the state's motion to affirm the
trial court's judgment pursuant to Rule 20, Rules of the Court of
Criminal Appeals.  The record reflects that the petitioner originally
received several convictions for burglary, grand larceny, and
receiving stolen property in 1975 and 1979.  The record also shows
that the petitioner has filed at least four petitions for
post-conviction relief challenging the validity of these convictions. 
See e.g. Odell Smith v. State, No. 102, Shelby County (Tenn. Crim.
App., at Jackson, Sep. 27, 1989), perm. to app. denied, (Tenn., Jan.
2, 1990).

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

VICTOR THOMPSON
vs.
STATE OF TENNESSEE

Court:TCCA

Judge:SUMMERS

First Paragraph:

This case represents an appeal from the dismissal of the petitioner's
second petition for post-conviction relief.  In 1992, the petitioner
pled guilty to second degree murder and aggravated assault and
received a fifty year sentence.  No appeal apparently was taken.  The
petitioner, by and through counsel, subsequently filed a petition for
post-conviction relief.  The trial court denied the petition after
conducting an evidentiary hearing.  This Court affirmed the denial on
appeal, Victor Thompson v. State, No. 02C01-9509-CR-00256 (Tenn. Crim.
App., July 25, 1997), and the Supreme Court denied permission to
appeal on October 27, 1997.

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

STATE OF TENNESSEE
vs.
JAMES E. THOMPSON

Court:TCCA

Attorneys:

FOR THE APPELLANT:

JOHN KNOX WALKUP
Attorney General and Reporter

KENNETH W. RUCKER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493

ELIZABETH T. RICE
District Attorney General
302 Market Street
P.O. Box 563
Somerville, TN 38068
FOR THE APPELLEE:

ROBERT G. MILLAR
802 Troy Avenue
P.O. Box 507
Dyersburg, TN 38025-0507
                          
Judge:SMITH

First Paragraph:

The State of Tennessee appeals the order of the trial court dismissing
its petition to have the defendant, James E. Thompson, declared an
Habitual Motor Vehicle Offender (HMVO) pursuant to Tenn. Code Ann. S
55-10-603.  We reverse the ruling of the trial court and remand the
case for further proceedings consistent with this opinion.

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

STATE OF TENNESSEE
vs.
AMANDA TREECE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

C. MICHAEL ROBBINS              JOHN KNOX WALKUP 
3074 East Street                Attorney General & Reporter
Memphis, TN  38128
(On Appeal)                     PETER M. COUGHLAN 
                                Assistant Attorney General
                                2nd Fl., Cordell Hull Building
                                425 Fifth Avenue North
                                Nashville, TN  37243

GEORGE MORTON GOOGE             JAMES G. WOODALL 
District Public Defender        District Attorney General 

MICHAEL RASNAKE                 DONALD H. ALLEN
Assistant Public Defender       Asst District Attorney General
227 West Baltimore Street       225 Martin Luther King Drive 
Jackson, TN  38301              P.O. Box 2825 
(At Trial)                      Jackson, TN  38302                          

Judge:WOODALL

First Paragraph:

Following an evidentiary hearing, the Circuit Court of Chester County
entered an order which revoked Defendant's probation and ordered her
to serve her original sentence of four (4) years in the Tennessee
Department of Correction.  The Defendant, Amanda Treece, appeals from
that action of the trial court.  While Defendant does not challenge
the revocation of probation, she argues in her sole issue on appeal
that the trial court erred by requiring her to serve her entire
sentence by incarceration in the Department of Correction.  We affirm
the judgment of the trial court.

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

STATE OF TENNESSEE
vs.
ERIC DEFORREST WHORTON

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

JOHN KNOX WALKUP                CLIFFORD K. MCGOWN, JR. 
Attorney General & Reporter     Attorney at Law
                                113 North Court Square
                                Waverly, TN 37185                                   
                                (Appeal Only)
KENNETH W. RUCKER
Assistant Attorney General      STEPHEN P. SPACHER
425 Fifth Avenue, North         Assistant Public Defender
Nashville, TN 37243-0493        227 West Baltimore Street
                                Jackson, TN 38301
JAMES G. WOODALL                (Trial Only)
District Attorney General
                                OF COUNSEL:

JAMES W. THOMPSON               GEORGE MORTON GOOGE
Asst District Atty General      District Public Defender
P. O. Box 2825                  227 Baltimore Street
Jackson, TN 38302-2825          Jackson, TN 38301                         

Judge:RILEY

First Paragraph:

The appellant, State of Tennessee (state), appeals as of right from a
judgment of the trial court denying its petition to fully revoke the
probation of the defendant, Eric Deforrest Whorton.  In this Court,
the state contends the trial court abused its discretion by "failing
to revoke the defendant's probation."  After a thorough review of the
record, it is the opinion of this Court that the judgment of the trial
court should be affirmed.

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

JAMES YATES
vs.
DON SUNDQUIST, Governor of, 
the State of Tennessee,             
DONAL CAMPBELL,             
Commissioner of the             
Tennessee Department of     
Correction, DAVID MILLS,        
Warden of the Tennessee     
State Prison for Men,           
CHARLES TRAUGHBER,      
Chairman of the Tennessee       
Board of Paroles, THE           
TENNESSEE  SENTENCING       
COMMISSION, in their            
individual and official             
capacities

Court:TCCA

Attorneys: 

For the Appellant:              For the Appellees:

Trippe Steven Fried             John Knox Walkup
King, Turnbow & Brisby          Attorney General and Reporter
203 Third Avenue South  
Franklin, TN  37064             Daryl J. Brand
                                Assistant Attorney General                              
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493                                    
                                Joseph D. Baugh                                     
                                District Attorney General
                                P. O. Box 937               
                                Franklin, TN  37065-0937
                         
Judge:Hayes

First Paragraph:

The appellant, James Yates, appeals the summary dismissal of his pro
se application for writ of habeas corpus.  The appellant is currently
incarcerated in the Turney Center correctional facility in Hickman
County, where he is serving concurrent sentences of life imprisonment
and nine years for his convictions for open rebellion with the intent
to kill and aggravated assault upon a corrections officer.  These
convictions occurred in July, 1985, while the appellant was confined
as an inmate in the Ft. Pillow correctional facility in Lauderdale
County.

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

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