TBALink Opinion-Flash

July 07, 1998 -- Volume #4 -- Number #105

What follows is the case style or name, first paragraph, author's name, and the names of the attorneys for the parties of each opinion released today from Tennessee's three appellate courts.

This Issue (IN THIS ORDER):
04-New Opinons From TSC
01-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
15-New Opinons From TCA
20-New Opinons From TCCA

There are three ways to get the full opinion from the Web: (TBALink members only)

  • Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text version of the opinion.

  • *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original WP 6.0 document. version of the opinion.

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

Lucian T. Pera
Editor-in-Chief, TBALink


ROBERT HAROLD BOMELY, JR.,
v
MID-AMERICA CORPORATION, d/b/a BURGER KING,
and                     
LARRY BRINTON, JR., DIRECTOR OF THE DIVISION OF WORKERS'
COMPENSATION, TENNESSEE DEPARTMENT OF LABOR, SECOND INJURY FUND,

 Court:TSC

For Appellee Bomely:            For Appellee Mid-America
                                Corporation, d/b/a Burger King:
David H. Dunaway
Dunaway & Associates            Steven Johnson
LaFollette                      Butler, Vines and Babb
                                Knoxville

For Appellant:

John Knox Walkup
Attorney General & Reporter

Dianne Stamey Dycus
Senior Counsel
Nashville                         

Judge: DROWOTA, J.

First Paragraph:

In this workers' compensation action the Second Injury Fund,
defendant-appellant, has appealed from a judgment of the Chancery
Court of Knox County which found the employee, Robert Bomely,
plaintiff-appellee, to be totally and permanently disabled.  The
award was apportioned 65 percent to the employer, Mid-America
Corporation, d/b/a Burger King, defendant-appellee, and 35
percent to the Second Injury Fund under Tenn. Code Ann. S
50-6-208(b).  The trial court assessed the employer's liability
based on 400 weeks of benefits and held the Second Injury Fund
liable for the remaining 938 weeks of benefits (until the
employee reached the age of 65).  Thus, the employer's liability
was limited to 65 percent of 400 weeks rather than 65 percent of
the total number of weeks to age 65.  We transferred this case
from the Special Workers' Compensation Appeals Panel to decide
whether it was proper to have limited the employer's liability in
this fashion.  After carefully examining the record before us and
considering the relevant authorities, we conclude that the award
should be apportioned between the employer and the Second Injury
Fund based on the total number of weeks to age 65 rather than
limiting the employer's liability to a percentage of 400 weeks. 
Accordingly, that portion of the trial court's judgment is
reversed.  We shall also address (1) whether an award of
permanent total disability is subject to the monetary cap imposed
by the 400 week maximum total benefit provision of Tenn. Code
Ann. S 50-6-102(a)(6) and (2) whether the apportionment of
benefits between the employer and the Second Injury Fund in this
case is controlled by subsection (a) or (b) of Tenn. Code Ann. S
50-6-208.

URL:http://www.tba.org/tba_files/TSC/bomely2_opn.WP6
Opinion-Flash


STATE OF TENNESSEE, v BARBARA BYRD,

 Court:TSC

FOR APPELLANT:          FOR APPELLEE:

EDWARD C. MILLER        JOHN KNOX WALKUP
PUBLIC DEFENDER         ATTORNEY GENERAL AND REPORTER
DANDRIDGE
                        MICHAEL J. FAHEY II
                        ASSISTANT ATTORNEY GENERAL
                        NASHVILLE                         

Judge: HOLDER, J.

First Paragraph:

We granted this appeal to address the validity of an indictment
that aggregates, under Tenn. Code Ann. S 39-14-103, the value of
stolen property belonging to different owners.  We hold that
aggregation of value is permissible under S 39-14-103 when a
defendant simultaneously exercises possession or control over
stolen property belonging to different owners.

URL:http://www.tba.org/tba_files/TSC/byrdbarb_opn.WP6
Opinion-Flash


STATE OF TENNESSEE, EX REL. ROBERT J. EARHART, ET AL.,
v
CITY OF BRISTOL, TENNESSEE, 

 Court:TSC

For Plaintiffs-Appellants:      For Defendant-Appellee:

David H. Hornik                 Jack W. Hyder, Jr.  
Nashville                       Massengill, Caldwell, and
                                Hyder, P.C.
David L. Buuck                  Bristol
Knoxville
                                Amicus Curiae:

                                Tennessee Municipal 
                                Attorneys' Association
                                Debra C. Poplin
                                Knoxville                            

Judge: REID, J.

First Paragraph:

The issues presented had their origin in two annexation
ordinances adopted by the City of Bristol in 1989.  The
ordinances undertook to annex the right-of-way of Highway 11E
extending approximately four miles south from the city limits of
Bristol into  the Piney Flats area.  The area included no
property other than the highway right-of-way.

URL:http://www.tba.org/tba_files/TSC/earhartr_opn.WP6
Opinion-Flash

GENERAL ELECTRIC COMPANY, v PROCESS CONTROL COMPANY,

 Court:TSC

FOR PLAINTIFF-RESPONDENT:       FOR DEFENDANT-PETITIONER:

J. Randolph Bibb, Jr.           Clinton V. Butler, Jr.
Nashville                       Jerry D. Kizer, Jr.
                                Dale Conder, Jr.
Thomas G. Cooper                Jackson
Boston, Massachusetts                        

Judge: HOLDER, J.

First Paragraph:

This case comes to us on a certified question of law.  The
plaintiff, General Electric Company ("G.E."), filed this action
for contribution against Process Control Company ("Process
Control").  Process Control filed a motion to dismiss and/or
motion for summary judgment arguing that Tennessee law does not
permit a right of contribution in this case.  The district court
entered an order requesting this Court to address the following
certified question of law:

In actions that accrue after the decision in McIntyre v.
Balentine, under what circumstances is a claim for contribution
appropriate under Tennessee Law?

URL:http://www.tba.org/tba_files/TSC/generale_opn.WP6
Opinion-Flash

SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL
July 13, 1998           

 Court:TSC - Rules

URL:http://www.tba.org/tba_files/TSC_Rules/statelst_wpd.WP6
Opinion-Flash

KENNETH M. BESS and THOMAS R. CUMMINGS, JR., 
v
ASSOCIATED BROKERS OF TENNESSEE, INC., 

 Court:TCA

D. Alexander Fardon; Harwell Howard Hyne
Gabbert & Manner, P.C. of Nashville
For Appellants

Richard M. Smith, Kenneth S. Schrupp
Smith & Cashion, PLC of Nashville
For Appellee
                       

Judge: W. FRANK CRAWFORD

First Paragraph:

This appeal involves a dispute concerning distribution to
stockholders in a closely held corporation. 
Plaintiff-stockholders, Kenneth M. Bess (Bess) and Thomas R.
Cummings, Jr., (Cummings) appeal from the judgment of the trial
court denying the relief sought against defendant, Associated
Brokers of Tennessee, Inc. (ABT).   Plaintiffs' complaint
alleges that by virtue of the stockholder agreement dated May 3,
1990, between them and William W. Johnson (Johnson) and ABT, Bess
became a 25 percent shareholder of ABT and Cummings became a 20
percent shareholder of ABT.  Plaintiffs allege that in late 1994,
Johnson caused ABT to sell all or substantially all of its assets
to Acosta Sales Company, Inc. (Acosta).  The  plaintiffs aver
that although they were directors and shareholders, they were not
informed of the transaction until it had been consummated and
were not given an opportunity to vote on the transaction. 
Plaintiffs further allege that since the sale of the assets to
Acosta, ABT has been diverting all of the payments made by Acosta
to Johnson, who is not performing any services for ABT. 
Plaintiffs aver that as shareholders, they were entitled to vote
pursuant to T.C.A. S 48-22-102 (1995) concerning the sale of the
assets, and further that they were not advised of their rights as
dissenters as provided in T.C.A. SS 48-23-201, et seq. (1995).

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

JACK WAYNE BURSACK, v. LAWRENCE D. WILSON,

 Court:TCA

LIONEL R. BARRETT, JR.
Washington Square Two - Suite 418
222 Second Avenue, North
Nashville, Tennessee  37201
ATTORNEY FOR PLAINTIFF/APPELLANT


G. KLINE PRESTON, IV
Washington Square Two - Suite 416
222 Second Avenue, North
Nashville, Tennessee  37201-1652
ATTORNEY FOR DEFENDANT/APPELLEE                        

Judge: WILLIAM B. CAIN

First Paragraph:

In this case plaintiff Jack Wayne Bursack sues defendant Lawrence
D. Wilson for alleged professional negligence in legal
representation of the plaintiff in prior litigation before the
Circuit Court of Maury County, Tennessee.

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

STEPHEN EARL CRABTREE,  v. NANCY CHOPPIN CRABTREE,

 Court:TCA

Michael W. Binkley, Nashville, Tennessee.
Attorney for Plaintiff/Counter-Defendant/Appellant.


Edward M. Yarbrough, 
HOLLINS, WAGSTER & YARBROUGH, P.C., Nashville, Tennessee.
Attorney for Defendant/Counter-Plaintiff/Appellee.                         

Judge: FARMER, J.

First Paragraph:

The parties to this divorce case, Stephen Earl Crabtree (Husband)
and Nancy Choppin Crabtree (Wife), were married for approximately
23 years.  The trial court entered a final decree of divorce in
July 1997.  Husband has appealed from the decree, citing error in
the trial court's decision to award alimony in futuro and
attorney's fees to Wife.  Wife has raised an additional issue
regarding child support.  Upon review of the record, we affirm as
to the awards of alimony in futuro and attorney's fees to Wife
and find it necessary to remand this cause to the trial court
regarding the award of child support.  We set forth our reasons
below.

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

FORD CONSUMER FINANCE v AMBROSE W.J. CLAY,

 Court:TCA

For Plaintiff/Appellee:         For Defendant/Appellant:

No Appearance                   Ambrose W.J. Clay
                                Pro Se
                         
Judge: WILLIAM C. KOCH

First Paragraph:

This is an appeal involves a maker's liability on a promissory
note.  The Chancery Court for Davidson County, following a bench
trial, awarded the holder of the note a $27,523.47 judgment.  The
maker of the note appealed to this court and then filed a Chapter
7 bankruptcy petition in the United States Bankruptcy Court for
the Middle District of Tennessee.  The maker of the note has now
informed this court that the debt arising from the judgment on
the note has been discharged, relieving him from further personal
liability on the note.  Because the judgment on the note is now
void by force of federal law, we vacate the judgment below and
remand this case with directions that it be dismissed.

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

JOHNNY GREENE, v TENNESSEE DEPARTMENT OF CORRECTION,            

 Court:TCA

For Plaintiff/Appellant:        For Defendant/Appellee:

Douglas A. Trant                John Knox Walkup
Knoxville, Tennessee            Attorney General and Reporter

                                Patricia C. Kussmann
                                Assistant Attorney General

Judge: WILLIAM C. KOCH, JR.,

First Paragraph:

This appeal involves a dispute between a prisoner and the
Department of Correction concerning the Department's calculation
of his sentence reduction credits.  After spending twenty-three
years in prison, the prisoner sought a declaratory order from the
Department that he had earned sufficient sentence reduction
credits to be entitled to immediate release.  When the Department
declined to issue the requested order, the prisoner filed a
petition for judicial review in the Chancery Court for Davidson
County.  Both the prisoner and the Department filed summary
judgment motions, and the trial court granted the Department's
motion and dismissed the prisoner's petition.  On this appeal,
the prisoner asserts that the trial court erred because, under
the undisputed facts, he is entitled to a judgment as a matter of
law.  We have determined that the trial court's decision to grant
the Department's summary judgment motion should be affirmed
because the prisoner has failed to demonstrate that he is
entitled to relief on any of his claims.

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

PHYLLIS ANN FRAZIER HAMBY,
v.
JOSEPH DEWIGHT HAMBY and ANTHONY HAMBY, 

 Court:TCA

GRACE E. DANIELL, STARR & DANIELL, Chattanooga, for
Plaintiff-Appellant.

CHARLES B. BURNS, JR., VARNELL, BURNS & SHARP, P.C., Cleveland,
for Defendant-Appellee Anthony Hamby.

ROGER E. JENNE, JENNE, SCOTT & JENNE, Cleveland, for
Defendant-Appellee Joseph Dewight Hamby.

Judge: Franks, J.

First Paragraph:

In this divorce action, the wife appeals from the Trial Court's
Order of child support and the evaluation of the marital estate
and its distribution. Husband and wife were married in 1976 and
have two minor children.  They separated in August 1994, and at
the time of trial the husband was 43 and the wife was age 40.

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

ROBERT T. IRVIN,    
v
FAITH JOHNSON, an employee of The Tennessee Management Company,
Inc. (TAMCO); THE TENNESSEE MANAGEMENT COMPANY, INC. (TAMCO),
a.d.b.a. THE SOUTH CENTRAL VILLAGE APARTMENTS,      

 Court:TCA

ROBERT T. IRVIN, Pro Se
P. O. Box 1636
Clarksville, Tennessee  37041-1636


JAMES D. KAY, JR.
BRIDGETT A. WOHLPART
Suite 340M, Washington Square Two
222 Second Avenue North
Nashville, Tennessee  37069
ATTORNEYS FOR DEFENDANTS/APPELLEES
                         
Judge: WILLIAM B. CAIN

First Paragraph:

This case represents a pro se plaintiff's appeal from a trial
court's order granting defendant/appellee's motion to dismiss
pursuant to Tenn. R. Civ. P. 12.02(4)(5)(6).  Appellant's
complaint asserted "perjury" as it's basis, alleging that
defendants, Faith Johnson, Tamco, et al., committed perjury in
appellant's previous case in said trial court, Irvin v. Tamco,
Inc., et al., docket number C10-813.

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

HELEN S. ROGERS, v THOMAS E. WATTS, JR.,    

 Court:TCA

For Plaintiff/Appellee:         For Defendant/Appellant:

Helen Sfikas Rogers             Thomas E. Watts, Jr.
Jones & Rogers                  Pro Se
Nashville, Tennessee
                          
Judge: WILLIAM C. KOCH, JR

First Paragraph:

This appeal involves another chapter in a lingering, acrimonious
dispute between two Nashville lawyers stemming from a failed
settlement of a case in federal court.  After one of the lawyers
abandoned his third-party complaint against the other lawyer for
fraudulent misrepresentation, the other lawyer filed a malicious
prosecution action in the Circuit Court for Davidson County. 
When the trial court dismissed the complaint on the ground that
it was premature, the prevailing lawyer sought Tenn. R. Civ. P.
11 sanctions against the lawyer whose malicious prosecution claim
had been dismissed.  The trial court declined to grant sanctions,
and the lawyer seeking sanctions has appealed.  We have
determined that the record supports the trial court's decision
not to award sanctions and, therefore, affirm the trial court's
decision.

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

JACQUELINE SUE ROGERS v SAMUEL L. BANKS and CATHY J. STANCIL              

 Court:TCA

E. BLAKE MOORE and JOHN B. BENNETT OF CHATTANOOGA FOR APPELLANTS

KATHRYN R. LEIDERMAN OF JASPER and JOHN O. WIGGINS OF RINGGOLD,
GEORGIA FOR APPELLEE
                        
Judge: Goddard, P.J.

First Paragraph:

Samuel L. Banks, a doctor, and Cathy J. Stancil, a nurse, appeal
a jury verdict rendered against them in favor of their former
patient, Jacqueline Sue Rogers.  Ms. Rogers brought two actions
of medical malpractice in the Hamilton County Circuit Court.  One
action was brought against Dr. Banks, her treating physician. 
The other action was brought against Nurse Stancil.  Nurse
Stancil performed the majority of the procedure in question. 
Judge Robert M. Summitt denied motions for directed verdict after
Ms. Rogers presented her case and again after Dr. Banks and Nurse
Stancil presented their case.  Both actions were submitted to the
jury.  The jury returned a general verdict against both Dr. Banks
and Nurse Stancil for $60,000.  Dr. Banks and Nurse Stancil both
filed motions for judgments notwith- standing the verdict as well
as motions for a new trial.  Judge Summitt overruled these
motions and upheld the jury award.  We now reverse the judgment
below and dismiss both suits with prejudice.

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

STATE OF TENNESSEE ON RELATION OF ERVIN SMITH, and ERVIN SMITH,
individually,		
v
L. B. FRANKLIN and ALEX RICHMOND, CITY OF CARTHAGE, TENNESSEE, a
municipal corporation, MAYOR DAVID BOWMAN,

 Court:TCA

Stephen L. Edwards, #3489
The Pilcher Bldg., Suite 100
144 Second Avenue, North
Nashville, Tennessee 37201
ATTORNEY FOR PLAINTIFFS/APPELLEES

Jack W. Robinson, Jr., #11656		Jacky O. Beller, #3157
230 4th Avenue No., 3rd Floor		212 Main Street
P.O. Box 198888						P.O. Box 332
Nashville, Tennessee 37219-8888		Carthage, Tennessee 37030

Derrick C. Smith, #13961
300 James Robertson Parkway
Nashville, Tennessee 37201-1107
ATTORNEYS FOR DEFENDANTS/APPELLANTS
                       

Judge: HENRY F. TODD

First Paragraph:

The plaintiff, Ervin Smith, has appealed from the judgment of the
Trial Court as to his rights in regard to an alleged public
right-of-way on property adjoining plaintiff's land.

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

IN RE: JASON RYAN STEPHENS PAMELA RENEE STEPHENS	
v
JAMES CALLAWAY,	

 Court:TCA

PETER V. HALL
8 Lincoln Square
1535 West Northfield Boulevard
Murfreesboro, Tennessee  37129
ATTORNEY FOR PETITIONER/APPELLANT

W. KENT COLEMAN
14 Public Square North
Murfreesboro, Tennessee  37130
ATTORNEY FOR RESPONDENT/APPELLEE
                         
Judge: WILLIAM B. CAIN

First Paragraph:

This appeal involves a biological father's obligation to support
his thirteen year old son.

Appellant Pamela Renee Stephens is the mother of Jason Ryan
Stephens age thirteen years and appellee James Callaway is the
natural father of Jason Ryan Stephens.

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

DAVID K. WACHTEL, JR.,	
v
THE WESTERN SIZZLIN CORPORATION f/k/a FRANCHISEE ACQUISITION
CORPORATION,
v
DAVID K. WACHTEL, JR., AND RESTAURANT MANAGEMENT SERVICES, INC.,

 Court:TCA

JON D. ROSS
EDMUND L. CAREY, JR.
2000 First Union Tower
150 Fourth Avenue North
Nashville, Tennessee 37219
Attorneys for Plaintiff/Appellant

MICHAEL L. DAGLEY
OVERTON THOMPSON III
STEPHEN H. PRICE
424 Church Street, Suite 1900
Nashville, Tennessee 37219
Attorneys for Defendant/Appellee
                          
Judge: BEN H. CANTRELL

First Paragraph:

This breach of contract case is before us on a Rule 54.02, Tenn.
R. Civ. Proc. appeal.  The only question for our decision is
whether the trial court erred in granting the defendant's motion
for partial summary judgment on the plaintiff's claim for certain
consequential damages arising from the defendant's breach of
contract.  We reverse the trial court.

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

JOY WALLS, Individually and as Surviving Spouse of Decedent
WENDELL M. GOODWIN
	v.	
ACandS, INC., et al.
							                       	
 Court:TCA

BRUCE HILL and MIKE G. NASSIOS OF KNOXVILLE; JOHN A. DAY and
DONALD CAPPARELLA OF NASHVILLE FOR APPELLANT

DWIGHT E. TARWATER, THOMAS A. BICKERS, ANDREW R. TILLMAN and
ROBIN K. LONGMIRE OF KNOXVILLE FOR APPELLEE OWENS-CORNING

KATHY K. CONDO OF PITTSBURGH, PA and F. SCOTT MILLIGAN OF
KNOXVILLE FOR APPELLEE PITTSBURGH CORNING CORPORATION

Judge: Goddard, P.J. 

First Paragraph:

This suit was initiated by Plaintiff-Appellant, Wendell Goodwin,
against Defendants-Appellees, Pittsburgh Corning Corporation,
Owens-Corning Fiberglas Corporation, and a number of other
Defendants, seeking damages because of an illness Mr. Goodwin
contracted--specifically a stomach cancer known as peritoneal
mesothelioma--resulting from his occupational exposure to
asbestos products manufactured and distributed by the Defendants,
including Pittsburgh Corning and Owens-Corning.  The Trial Court,
in response to the answers supplied by the jury through special
interrogatories hereinafter set out, entered a judgment in favor
of the Defendants because the Plaintiff's claim was barred by the
applicable statute of repose, T.C.A. 29-28-103(a).

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

WILLIAM P. WILLIAMS,v WANDA C. WILLIAMS,	

 Court:TCA

CLARA WILLIS BYRD
105 South Cumberland Street
Lebanon, Tennessee 37087
Attorney for Plaintiff/Appellee

CLARK LEE SHAW
2525 Lebanon Road
Nashville, Tennessee 37214
Attorney for Defendant/Appellant
                          
Judge: BEN H. CANTRELL

First Paragraph:

This is a child support case.  The Chancery Court of Wilson
County set the mother's obligation of support at $723.00 per
month.  The mother appeals and asserts that the evidence
preponderates against the trial court's finding.  We affirm the
judgment below.

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

PATRICK ALAN WOLFE,	v TERRI LEE WOLFE,

 Court:TCA

For Appellant					For Appellee

D. MITCHELL BRYANT				J. REED DIXON
Cleveland, Tennessee			Sweetwater, Tennessee                        

Judge: Susano, J.

First Paragraph:

In this post-divorce case, the trial court denied the petition of
Terri Lee Wooten, formerly Wolfe ("Mother"), seeking sole custody
of the parties' daughter, Kelsea Wolfe, age five and a half.  In
the same order, the court granted the counterclaim of Patrick
Alan Wolfe ("Father") by modifying Mother's visitation rights. 
Mother appealed, arguing that the trial court abused its
discretion in failing to change the child's custody.  She also
claims that the court erred in modifying the visitation schedule
set forth in the divorce judgment.

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


STATE OF TENNESSEE, v MICHAEL J. ADKINS,    

 Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

MICHAEL J. GATLIN           JOHN KNOX WALKUP
P.O. Box 27331              Attorney General and Reporter
Memphis, TN 38167-0331
                            JANIS L. TURNER
                            Assistant Attorney General
                            425 5th Avenue North
                            Nashville, TN 37243

                            JOHN W. PIEROTTI
                            District Attorney General

                            JAMES M. LAMMEY
                            Assistant District Attorney General
                            Criminal Justice Complex, Ste. 301
                            201 Poplar Street
                            Memphis, TN 38103
                        

Judge: DAVID H. WELLES

First Paragraph:

The Defendant, Michael J. Adkins, appeals as of right pursuant to
Rule 3 of the Tennessee Rules of Appellate Procedure.  He entered
a plea of guilty to the offense of voluntary manslaughter.  The
agreed sentence for this Class C felony was three years, the
minimum in the range for a standard offender.  The manner of
service of the sentence was left to the discretion of the trial
judge.  The judge ordered that six months of the sentence be
served in the local workhouse, followed by six months of
intensive probation, with the balance of the sentence to be
served on regular probation.  The Defendant appeals from the
trial judge's denial of full probation.  We affirm the judgment
of the trial court.

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

STATE OF TENNESSEE, v JOHNNY AKINS, 
    
 Court:TCCA

 FOR THE APPELLANT: FOR THE APPELLEE:

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

Walker Gwinn                    Janis L. Turner
Assistant Public Defender       Counsel for the State
201 Poplar Avenue, Suite 201    Criminal Justice Division
Memphis, TN 38103               Cordell Hull Bldg., Second Floor 
(On Appeal)                     Nashville, TN 37243-0493

Dianne Thackery                 William L. Gibbons
Assistant Public Defender       District Attorney General
201 Poplar Avenue, Suite 201
Memphis, TN 38103               Jerry Harris
(At Trial)                      James M. Lammey Assistant 
                                District Attorneys General
                                201 Poplar Avenue, Suite 301
                                Memphis, TN 38103
                        

Judge: PAUL G. SUMMERS

First Paragraph:

Johnny Akins was found guilty by a jury of aggravated burglary. 
He was sentenced to fifteen years in Tennessee Department of
Correction.  The trial court denied his motion for a new trial. 
He appeals.  The sole issue is whether the evidence is sufficient
to support his conviction.  We affirm the judgment of conviction.

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

FREDERICK ORLANDO BLACK,v STATE OF TENNESSEE,   

 Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

CHRISTOPHER VAN RIPER           JOHN KNOX WALKUP
Attorney at Law                 Attorney General & Reporter
300 Main St., Ste. 200
Clinton, TN  37716              TODD R. KELLEY
                                Asst. Attorney General
                                425 Fifth Ave. N., 2d Floor
                                Nashville, TN  37243-0493

                                JAMES N. RAMSEY
                                District Attorney General

                                JAN HICKS
                                Asst. District Attorney General
                                127 Anderson County Courthouse
                                Clinton, TN  37716                        

Judge: CURWOOD WITT

First Paragraph:

The petitioner, Frederick Orlando Black, appeals the Anderson
County Criminal Court's denial of his petitions for
post-conviction relief.  In 1983, the petitioner pleaded guilty
to malicious shooting.  In 1988, he pleaded guilty to aggravated
assault.  Presently, he is serving a federal sentence for a drug
offense.  In his post-conviction petitions, he alleges his
federal sentence was enhanced due to the 1983 and 1988 Anderson
County convictions.  He seeks to have the convictions set aside
based on various infirmities.  The court below found the
petitions barred by the statute of limitations and dismissed the
actions.  The petitioner appeals the dismissals, claiming this
court should find error (1) in the trial court's failure to make
findings pursuant to Burford v. State, 845 S.W.2d 204 (Tenn.
1995) and Sands v. State, 903 S.W.2d 297 (Tenn. 1995), and (2) in
failing to find the statute of limitations deprived the
petitioner of due process.  Having reviewed the record, we find
no error and affirm the judgment of the trial court.

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

FRANCES BLAYLOCK, v STATE OF TENNESSEE,

 Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

LAURA RULE HENDRICKS            JOHN KNOX WALKUP
Eldridge, Irving & Hendricks    Attorney General and Reporter
606 W. Main Street
Knoxville, TN  37901-0084       TODD R. KELLEY
                                Assistant Attorney General
                                425 Fifth Avenue North
                                Nashville, TN  37243

                                JERRY N. ESTES
                                District Attorney General

                                STEVE HAWKINS
                                10th Judicial District
                                P. O. Box 647
                                Athens, TN  37303

Judge: JERRY L. SMITH

First Paragraph:

Appellant Frances Blaylock appeals the trial court's denial of
her petition for post-conviction relief.  Appellant presents the
following issue for our consideration on this appeal:  whether
the trial court erred in dismissing Appellant's petition for
post-conviction relief. After a review of the record, we reverse
the judgment of the trial court and remand with directions to
that court to consider Appellant's allegation of ineffective
assistance of trial counsel.

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

BILLY JOE BOURFF v STATE OF TENNESSEE       

 Court:TCCA

For the Appellant:              For the Appellee:       

Douglas A. Trant,               John Knox Walkup        
900 S. Gay Street               Attorney General & Reporter
Suite 1502
Knoxville, TN. 37902            Marvin E. Clements, Jr.
(on post conviction)            Assistant Attorney General
                                425 Fifth Avenue North
                                2d Floor, Cordell Hull Building
                                Nashville, TN. 37243-0493

                                William Paul Phillips
                                District Attorney General

                                Michael O. Ripley
                                Assistant District Attorney 
                                P.O. Box 323
                                Jacksboro, TN. 37757
                        

Judge: WILLIAM M. BARKER

First Paragraph:

The appellant, Billy Joe Bourff, appeals as of right the Campbell
County Criminal Court's dismissal of his petition for
post-conviction relief.  We affirm the judgment of the trial
court.

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

STATE OF TENNESSEE, v. ANDERSON D. CURRY,   

 Court:TCCA

FOR THE APPELLANT:               FOR THE APPELLEE:


A C WHARTON, JR.                JOHN KNOX WALKUP
District Public Defender        Attorney General & Reporter

SHERRY BROOKS                   CLINTON J. MORGAN
Asst. Public Defender           Counsel for the State
     -At Trial-                 425 Fifth Ave., North
                                Cordell Hull Bldg., Second Fl.
WALKER GWINN                    Nashville, TN  37243-0493
Asst. Public Defender               
201 Poplar Ave., Suite 201      JOHN W. PIEROTTI
Memphis, TN 38103               District Attorney General
     -On Appeal-
                                THOMAS HOOVER
                                Asst. District Attorney General
                                201 Poplar Ave., Suite 301                              
                                Memphis, TN 38103
                                           

Judge: JOHN H. PEAY,

First Paragraph:

The defendant was indicted in December 1996 for rape of a child. 
A Shelby County jury found him guilty and the trial court
sentenced him to twenty years in the Tennessee Department of
Correction.  In this appeal as of right, the defendant argues
that the evidence is insufficient to support his conviction and
that the trial court erred when it admitted into evidence a chart
depicting the victim's injuries.  The defendant also argues that
his sentence is excessive.  After a review of the record and
applicable law, we affirm the judgment of the court below.

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

STATE OF TENNESSEE, v. SHANE PILLOW,        

 Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

JERALD M. CAMPBELL, JR.     JOHN KNOX WALKUP
    -and-                   Attorney General & Reporter
L. L. HARRELL, JR.          425 Fifth Ave., North
N.W. Court Sq.              Nashville, TN  37243-0497
Trenton, TN  38382  
                            ELIZABETH T. RYAN
                            Asst. Attorney General
                            425 Fifth Ave., North
                            Nashville, TN  37243-0493

                            CLAYBURN L. PEEPLES
                            District Attorney General
                            110 College St., Suite 200
                            Trenton, TN  38382-1841
    
                            GARRY G. BROWN
                            Asst. District Attorney General
                            110 College St., Suite 200
                            Trenton, TN  38382-1841                       

Judge: JOHN H. PEAY

First Paragraph:

The defendant was convicted of second-degree murder and
aggravated assault.  The trial court sentenced him to
twenty-three years confinement for second-degree murder and five
years confinement for aggravated assault, to run concurrently. 
In this appeal as of right, the defendant presents the following
issues for review: I.  whether the evidence contained in the
record is insufficient, as a matter of law, to support his
convictions;

II.  whether the trial court erred by denying his motion to
suppress statements made to law enforcement officers;

III.  whether the trial court abused its discretion by permitting
the State to reopen its case-in-chief to identify the victim's
body;

IV.  whether the sentence imposed by the trial court is
excessive; and

V.  "whether any other reversible error was committed by the
trial court."

Finding no merit in the defendant's contentions, we affirm.

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

JAMES POLK, v. STATE OF TENNESSEE,

 Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

HERSHELL D. KOGER           JOHN KNOX WALKUP
131 North First Street      Attorney General and Reporter
P.O. Box 1148
Pulaski, TN 38478           CLINTON J. MORGAN
                            Assistant Attorney General
                            Cordell Hull Building, Second Floor
                            425 Fifth Avenue North
                            Nashville, TN 37243-0493

                            T. MICHAEL BOTTOMS
                            District Attorney General

                            JESSE DURHAM
                            Assistant District Attorney General
                            P.O. Box 459
                            Lawrenceburg, TN 38464  
                      

Judge: LEE MOORE

First Paragraph:

The petitioner, James Polk, appeals the trial court's denial of
his petition for post-conviction relief.  In 1994, the petitioner
was convicted of aggravated robbery and sentenced as a standard
offender to twelve years in the Tennessee Department of
Correction.  His conviction was affirmed on direct appeal to this
Court.  State v. James Polk, No. 01C01-9410-CC-00369 (Tenn. Crim.
App., at Nashville, Nov. 21, 1995).  In this post-conviction
petition, the petitioner's sole issue is that he was denied
effective assistance of counsel.  An evidentiary hearing was held
on July 8, 1997, and the petitioner was denied post-conviction
relief.   We affirm the judgment.

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

STATE OF TENNESSEE, v. LAWRENCE RALPH, JR.,

 Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

AUBREY L. HARPER                JOHN KNOX WALKUP
114 North College Street        Attorney General and Reporter
P.O. Box 588
McMinnville, TN 37111-0588      JANIS L. TURNER
                                Assistant Attorney General
                                425 5th Avenue North
                                Nashville, TN 37243

                                WILLIAM LOCKE
                                District Attorney General
                                Professional Building
                                McMinnville, TN 37110

Judge: DAVID H. WELLES

First Paragraph:

The Defendant, Lawrence "Gomer" Ralph, Jr., appeals as of right
pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure.
 He was convicted on a Warren County jury verdict of burglary of
an automobile, theft over $1,000, failure to yield to emergency
lights, evading arrest, resisting arrest, violation of his
habitual traffic offender status, and seventh-offense DUI.  He
was sentenced as a multiple Range II offender to four years for
burglary of an automobile, seven years for theft over $1,000, and
four years for the habitual traffic offender violation.  For the
misdemeanor offenses, he was sentenced to thirty days in the
county jail for failure to yield to emergency lights, nine months
at 75% for evading arrest, four months at 75% for resisting
arrest, and three hundred days for DUI.  The sentences for theft
over $1,000, failure to yield, and resisting arrest were ordered
to be served concurrent to each other but consecutive to the
other sentences, all of which were ordered to run consecutive to
each other for an effective sentence of sixteen years and eight
months.

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

STATE OF TENNESSEE, V GEORGE ROSE,  

 Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

TONY N. BRAYTON                 JOHN KNOX WALKUP
Assistant Public Defender       Attorney General and Reporter
201 Poplar, Suite 2-01
Memphis, TN  38103              DOUGLAS D. HIMES
                                Assistant Attorney General
                                425 Fifth Avenue North
                                Nashville, TN  37243

                                WILLIAM L. GIBBONS
                                District Attorney General

                                CHARLES W. BELL
                                Assistant District Attorney
                                201 Poplar Avenue - Third Floor
                                Memphis, TN  38103                        

Judge: JERRY L. SMITH

First Paragraph:

Appellant George S. Rose was convicted on April 16, 1997 by a
jury in the Shelby County Criminal Court of possession of a
controlled substance, to wit:  cocaine, with intent to sell.  As
a Range I standard offender, Appellant was sentenced to 210 days
incarceration in the Shelby County Correctional Center and five
years probation.  The trial court also imposed a $2,000.00 fine. 
Appellant presents the following issue for our consideration on
this direct appeal:  whether the trial court denied Appellant his
constitutional right to trial by jury by refusing to instruct the
jury on the lesser included offense of simple possession of a
controlled substance or casual exchange. After a review of the
record, we affirm the judgment of the trial court.

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

STATE OF TENNESSEE  V EDWARD SHANE RUST,

 Court:TCCA

For the Appellant:              For the Appellee:

Margaret C. Lamb                John Knox Walkup
Asst. Public Defender           Attorney General and Reporter
605 East Carroll Street 
Post Office Box 260             Janis L. Turner
Tullahoma, TN  37388            Assistant Attorney General                              
                                Criminal Justice Division
                                450 James Robertson Parkway
Campbell Smoot                  Nashville, TN 37243 0493            
District Public Defender    
                        
                                C. Michael Layne
                                District Attorney General
                                P. O. Box 147
                                Manchester, TN  37355
                                                
Judge: David G. Hayes

First Paragraph:

The appellant, Edward Shane Rust, was indicted by a Coffee County
Grand Jury for the offenses of arson of personal property and
reckless endangerment.  Following a jury trial, the appellant was
found guilty of arson of personal property, a class E felony, and
received a two year sentence in the Department of Correction. 
The appellant was found not guilty of reckless endangerment.  In
this appeal as of right, the appellant contends: 

I.  The evidence is insufficient to support a conviction for
arson of personal property;

II.  The sentence imposed by the trial court is excessive; and

III.  The trial court should have granted an alternative
sentence.

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


RICKY RUTLEDGE  V. STATE OF TENNESSEE, 

 Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

ROBERT H. STOVALL, JR.      JOHN KNOX WALKUP
P.O. Box 160                Attorney General and Reporter
Charlotte, TN 37036
                            CLINTON J. MORGAN
                            Assistant Attorney General
                            425 5th Avenue North
                            Nashville, TN 37243-0493

                            MIKE McCOWN
                            District Attorney General

                            ROBERT G. CRIGLER   
                            Assistant District Attorney General
                            One Public Square, Suite 300
                            Shelbyville, TN  
                       
Judge: DAVID H. WELLES

First Paragraph:

The Petitioner, Ricky Rutledge, appeals from the order of the
trial court dismissing his Petition for Post Conviction Relief. 
Petitioner sought post conviction relief asserting that he
received ineffective assistance of counsel prior to entering his
plea of guilt.  In addition, Petitioner maintains that because of
counsel's deficient representation, his guilty plea was not
knowingly, intelligently, and voluntarily given.  Following an
evidentiary hearing, the trial court denied relief and we affirm.

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

STATE OF TENNESSEE V ROBERT ALAN SMITH, 
    
 Court:TCCA

For the Appellant:              For the Appellee:

Michael R. Jones                John Knox Walkup
District Public Defender        Attorney General and Reporter
                            
Russel A. Church                Daryl J. Brand  
Assistant Public Defender       Assistant Attorney General
109 South Second Street         425 Fifth Avenue North
Clarksville, TN 37040           Nashville, TN 37243-0493

                                John Wesley Carney, Jr.
                                District Attorney General

                                William M. Cloud, Jr.
                                Assistant District Attorney
                                204 Franklin Street, Suite 200
                                Clarksville, TN 37040
        
Judge: William M. Barker

First Paragraph:

The appellant, Robert Alan Smith, appeals the judgment of the
Montgomery County Circuit Court revoking his probation and
ordering that the remainder of his sentence be served in the
Department of Correction.  We affirm the judgment of the trial
court pursuant to Rule 20 of the Tennessee Court of Criminal
Appeals. In 1992, appellant entered guilty pleas to three counts
of sexual battery and received an effective sentence of six
years.  The trial court suspended those sentences and placed
appellant on probation for six years.  In 1994, appellant pled
guilty to simple possession of marijuana.  He was placed on
probation for eleven months, twenty-nine days, consecutive to the
six year sentence.  The record reflects that appellant's
probation was revoked in August of 1994.  He was ordered to serve
60 days in confinement and then returned to intensive probation.

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

STATE OF TENNESSEE V BENJAMIN SNYDER,

 Court:TCCA

FOR THE APPELLANT                   FOR THE APPELLEE

C. Edward Fowlkes                   John Knox Walkup
172 Second Avenue N., Suite 214     Attorney General and Reporter
Nashville, TN  37201-1908           425 Fifth Avenue, North
                                    Nashville, TN  37243

                                    Karen M. Yacuzzo
                                    Assistant Attorney General
                                    425 Fifth Avenue, North
                                    Nashville, TN  378243

                                    Bernard McEvoy
                                    Asst District Attorney General
                                    Washington Square, Suite. 500
                                    Second Avenue N.
                                    Nashville, TN  37201-1649
                     
Judge: L. T. LAFFERTY,

First Paragraph:

The defendant, Benjamin S. Snyder, appeals as a matter of right
the sentence imposed by the Davidson County Probate Court.  In
counts one and two, the defendant was charged with the offense of
vehicular homicide involving the death of Gregory Flair.  In
counts three and four, the defendant was charged with the offense
of reckless endangerment involving two passengers in the
operation of a motor vehicle.  The defendant entered a plea of
guilty to the offense of vehicular homicide due to reckless
conduct as charged in count two of the indictment.  Counts one,
three and four were dismissed.  After a sentencing hearing, the
trial court sentenced the defendant to five years in the
Corrections Corporation of America Facility.  The defendant was
ordered to serve six months and then be placed on probation for
four years, six months.  There were other conditions imposed on
the defendant during the period of probation.  In his appeal, the
defendant raises two issues; (1)  the trial court erred as a
matter of fact and law in applying enhancement factor #3 "the
offense involved more than one victim," and (2) the trial court
erred in sentencing the defendant to five years instead of the
presumptive minimum of three years.  Upon a close review of the
record, briefs of the parties, and the applicable law, we affirm
the trial court's judgment.

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

STATE OF TENNESSEE V ANTWAIN LAMAN SPEARS

 Court:TCCA

FOR THE APPELLANT:      FOR THE APPELLEE:

RAYMOND L. IVEY         JOHN KNOX WALKUP
P. O. Box 229           Attorney General and Reporter
Huntingdon, TN  38344       
                        ELIZABETH T. RYAN
                        Assistant Attorney General
                        425 Fifth Avenue North
                        Nashville, TN  37243

                        ROBERT RADFORD
                        District Attorney General

                        ELEANOR CAHILL
                        Assistant District Attorney
                        P. O. Box 686
                        Huntingdon, TN  38344                     

Judge:JERRY L. SMITH

First Paragraph:

Appellant Antwain Laman Spears was indicted on May 6, 1996 by the
Carroll County Grand Jury for possession of cocaine with intent
to sell or deliver, possession of marijuana with intent to sell
or deliver, and possession of unlawful drug paraphernalia. 
Concluding that Appellant lacked standing to contest the search
warrant, on June 25, 1996, the trial court denied Appellant's
motion to suppress the evidence seized pursuant to a search
warrant, which had been executed at the residence of Margo
Taylor. Moreover, the court determined that even if Appellant had
standing, the search warrant appeared to be valid on its face. 
Appellant was convicted on September 16, 1996, by a jury in the
Carroll County Circuit Court of possession of cocaine and
marijuana with intent to sell or deliver and possession of
unlawful drug paraphernalia.  The jury fined Appellant $15,000.00
for cocaine possession, $2,500.00 for marijuana possession, and
$750.00 for possession of drug paraphernalia.  As a Range II
multiple offender, Appellant was sentenced to concurrent
sentences of fifteen years incarceration with the Tennessee
Department of Correction, three years, and eleven months and
twenty-nine days, respectively.  The trial court also revoked
Appellant's probation resulting from a prior conviction. 
Appellant presents three issues for our consideration on this
direct appeal:  (1) whether the trial court erred in concluding
that Appellant lacked standing to challenge the search of Margo
Taylor's residence; (2) whether the trial court improperly denied
Appellant's motion to suppress the evidence seized during
execution of the search warrant; and (3) whether the evidence was
sufficient to sustain Appellant's convictions for possession of
cocaine and marijuana with intent to sell or deliver and
possession of drug paraphernalia.

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

STATE OF TENNESSEE, V. RALPH TALLENT,   

 Court:TCCA

FOR THE APPELLANT:      FOR THE APPELLEE:

CHARLES L. BEACH        JOHN KNOX WALKUP
365 Market Street       Attorney General and Reporter
Clinton, TN 37716
                        TIMOTHY F. BEHAN
                        Assistant Attorney General
                        425 5th Avenue North
                        Nashville, TN 37243

                        JERRY N. ESTES
                        District Attorney General

                        RICHARD NEWMAN
                        Assistant District Attorney General
                        P.O. Box 647
                        Athens, TN 37303                    

Judge: JERRY L. SMITH

First Paragraph:

A Monroe County grand jury indicted Appellant, Ralph Tallent,
with charges of Driving Under the Influence. Appellant filed a
motion to suppress admission of the breath test. After a hearing,
Appellant's motion was denied. Appellant then filed a motion in
limine to require the State to lay an appropriate foundation
through the testing officer before admitting the results of the
breath tests. Appellant then pled guilty pursuant to Rule 37
(b)(2)(i) of the Tennessee Rules of Criminal Procedure.

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

ROBERT LEE WADE,V STATE OF TENNESSEE,   

 Court:TCCA                        

Judge: DAVID H. WELLES

First Paragraph:

O R D E R
This matter is before the Court upon the state's motion
requesting that the judgment in the above-styled cause be
affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals
Rules.

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

STATE OF TENNESSEE, V RAYMOND E. WOODS, 

 Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:

SHAWN GRAHAM                        JOHN KNOX WALKUP
Office of the Public Defender       Attorney General and Reporter
419 High Street             
Maryville, TN  37804                ELLEN H. POLLACK
                                    Assistant Attorney General
GERALD L. GULLEY, JR.               425 Fifth Avenue North
(On Appeal Only)                    Nashville, TN  37243
P. O. Box 1708
Knoxville, TN  37901                MIKE FLYNN
                                    District Attorney General

                                    KIRK ANDREWS
                                    Asst District Attorney General
                                    363 Court Street
                                    Maryville, TN  37804
                        
Judge: JERRY L. SMITH

First Paragraph:

On December 20, 1996, Appellant, Raymond Woods, pled guilty to
passing a $19.40 worthless check, for which there was a $15.00
service charge. The trial court accepted the guilty plea. At the
sentencing hearing, Appellant testified that he pled guilty
because he had missed work often to come to court, and he "wanted
to try to get it over with." The trial court asked who had
written the check, and Appellant responded that he did not know.
Appellant's testimony was that someone had stolen his checks and
forged his name, but he did not know who had done so. He also
testified that the payee of the check had not done any work for
him. An employee of the payee identified Appellant as the person
who brought in a radiator to the business to be worked on and as
the person who passed the check. Appellant then made a motion to
withdraw his guilty plea. The trial court denied the motion and
sentenced Appellant to eleven months and twenty-nine days, ninety
days to be served in the county jail, the rest to be served on
probation. Appellant appeals from the denial of his motion and
from the denial of full probation.

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

Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/

Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank

Non TBA members are WELCOME to subscribe...it's free!!

Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank


© Copyright 1996-1997 Tennessee Bar Association