TBALink Opinion-Flash

July 16, 1998 -- Volume #4 -- Number #106

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):
00-New Opinons From TSC
00-New Opinons From TSC-Rules
01-New Opinons From TSC-Workers Comp Panel
14-New Opinons From TCA
27-New Opinons From TCCA

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Editor-in-Chief, TBALink



LIBERTY MUTUAL INSURANCE COMPANY                    
v
BRINTON, JR., DIRECTOR OF THE WORKERS' COMPENSATION DIV., DEPT.
OF LABOR SECOND INJURY FUND

Court:TSC - Workers Comp Panel

For the Appellant:                  For the Appellee:

Dianne Stamey Dycus                 James T. Shea, IV
425 Fifth Avenue North              607 Market St., 11th Floor
2nd Floor, Cordell Hull Bldg.       P.O. Box 1708
Nashville, Tenn.  37243-0499        Knoxville, Tenn.  37901-1708
                       
Judge: THAYER

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 to the Supreme Court of findings of fact and
conclusions of law. This appeal presents a novel issue arising
from the provisions of T.C.A. S 50 6-238(b), which is one of the
1992 amendments to the Workers' Compensation Act. The appeal was
perfected by the defendant, The Tennessee Department of Labor
Second Injury Fund, from a ruling of the trial court awarding
plaintiff, Liberty Mutual Insurance Company, a judgment in the
sum of $6,526.52.

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

JAMES K. ALLEN, v JIM WISEMAN,  

Court:TCA

PAUL CAMPBELL, JR.
WILLIAM R. HANNAH
CAMPBELL & CAMPBELL
1200 James Building
735 Broad Street
Chattanooga, Tennessee 37402-1835
Attorneys for Plaintiff/Appellant

LELA M. HOLLABAUGH
MANIER, HEROD, HOLLABAUGH & SMITH
2200 First Union Tower
150 Fourth Avenue North
Nashville, Tennessee 37219
Attorney fo                         

Judge: BEN H. CANTRELL

First Paragraph:

This is a legal malpractice action arising out of a criminal
case.  The plaintiff was convicted of assault and criminal
trespass and he charges his attorney with multiple failures
before, during, and after the trial, the most serious being the
failure to retain a court reporter to preserve the evidence
introduced in the criminal case.  The Circuit Court of Rutherford
County granted summary judgment to the defendant.  We affirm.

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

ROSALYNN C. DONOHO, v WILLIAM J. DONOHO, JR.,

Court:TCA

HUGH GREEN
100 Public Square
Lebanon, Tennessee  37087
ATTORNEY FOR PLAINTIFF/APPELLEE


JAMES C. McBROOM
C. EDWARD SCUDDER, JR.
211 Printers Alley Building, Suite 502
Nashville, Tennessee  37201
ATTORNEYS FOR DEFENDANT/APPELLANT                         

Judge: WILLIAM B. CAIN

First Paragraph:

In this case defendant appeals an adverse jury verdict in a
personal injury action. Appellant and appellee were married in
the mid-seventies and divorced in 1983.  They reconciled after
their divorce and had been living together for approximately five
years at the time of the incident of February 20, 1993 which
precipitated the law suit at bar.  On that day, William J.
Donoho, Jr. physically assaulted Rosalynn C. Donoho.  After a one
day trial, a jury assessed $85,000 compensatory damages and
$15,000 punitive damages against Mr. Donoho.  His motion for a
new trial or, in the alternative, for a remittitur was overruled
by the trial court and he appealed.

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

HARPETH VALLEY UTILITIES DISTRICT OF DAVIDSON AND WILLIAMSON
COUNTIES, TENNESSEE 
v
METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY,
TENNESSEE

Court:TCA

ROBERT E. PARKER
L. MARSHALL ALBRITTON
PARKER, LAWRENCE, CANTRELL & DEAN
Fifth Floor, 200 Fourth Avenue, North
Nashville, TN 37219
Attorneys for Plaintiff-Appellant

PAUL D. KRIVACKA
Department of Law
204 Metropolitan Courthouse
Nashville, TN 37201
Attorney for Defendant-Appellee
                         

Judge: Houston M. Goddard

First Paragraph:

This is a suit by Harpeth Valley Utilities District, a municipal
corporation organized under the Utility District laws of
1937--T.C.A. Title 7, Chapter 82, against Metropolitan Government
of Nashville and Davidson County, Tennessee.  Harpeth Valley-
advancing two theories, breach of contract and unjust enrichment-
seeks to recover interest it asserts it is due as to $75,000 paid
to Metropolitan Government by owners of lots in two separate
subdivisions to insure that the subdivisions could receive
approval by the Metropolitan Planning Commission by providing the
funds necessary to install water and waste water treatment
services in the event such services were not provided by the
developers or the Utility District.

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

GRETCHEN HART,  v RONALD RICK HART,     
                
Court:TCA

J. Russell Heldman, #9989
320 Main Street, Suite 101
Franklin, Tennessee 37064

John J. Hollins, #2452
HOLLINS, WAGSTER & YARBROUGH, P.C.
Suite 2210, SunTrust Center
424 Church Street
Nashville, Tennessee 37219
ATTORNEYS FOR PLAINTIFF/APPELLANT


James G. Martin, III, #3083
FARRIS, WARFIELD & KANADAY, PLC
Eighteenth Floor, SunTrust Center
424 Church Street
Nashville, Tennessee 37219
ATTORNEY FOR DEFENDANT/APPELLEE                         

Judge: HENRY F. TODD

First Paragraph:

This is a post-divorce decree proceeding to adjust the amount of
periodic alimony.  The wife has appealed from the judgment of the
Trial Court increasing the alimony from $1,000 per month to
$1,350 per month.

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

KEITH JOHNSON, et ux, et al.,   
v
FORTUNES UNTOLD, INC., d/b/a EASY MONEY PAWN SHOP, et al.,

Court:TCA

KEVIN W. SHEPHERD, SHEPHERD & WHITE, P.A., Maryville, for
Plaintiffs Appellants Lance Denault and Dina Denault.

ROCKFORDE D. KING and WESLEY L. HATMAKER, EGERTON, McAFEE,
ARMISTEAD & DAVIS, P.C., Knoxville, for Defendant-Appellee
Fortunes Untold, Inc., d/b/a Easy Money Pawn Shop.

WILLIAM A. YOUNG, O'NEIL, PARKER & WILLIAMSON, Knoxville, for
Defendant-Appellee Finchum Construction Company, Inc.

LINDA J. HAMILTON MOWLES, LEWIS, KING, KRIEG, WALDROP & CATRON,
P.C., Knoxville, for Defendant-Appellee Hackney Petroleum, Inc.
                         
Judge: Franks, J.

First Paragraph:

The Trial dismissed plaintiffs' causes of action for personal
injury on the basis that the statute of limitations had run
before the action was properly brought, pursuant to Rule 3,
T.R.C.P.

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

ADOLPH C. LAVIN and JEAN LAVIN, surviving parents of TROY JAMES
LAVIN, Deceased, and ADOLPH C. LAVIN, in his capacity as
Administrator of the estate of TROY JAMES LAVIN,    
v
ROSS JORDON, SUSAN JORDON, and SEAN JORDON,         

Court:TCA

Charles R. Ray, #3188                  Vincent E. Wehby, #2288
211 Third Avenue North                 501 Union Street, Suite 500
Nashville, Tennessee 37219-8288        Nashville,Tennessee 37219
ATTORNEYS FOR PLAINTIFFS/APPELLANTS

John L. Norris, #6007
HOLLINS, WAGSTER & YARBROUGH, P.C.
Suite 2210, 424 Church Street
SunTrust Center
Nashville, Tennessee 37219
ATTORNEY FOR DEFENDANTS/APPELLEES                      

Judge: HENRY F. TODD

First Paragraph:

The plaintiff, Adolph C. Lavin and wife, Jean Lavin, surviving
parents of Troy James Lavin, brought this action against Ross and
Susan Jordon and their son, Sean Jordon, for the wrongful death
of Troy Lavin, who was shot and killed by Sean Jordon.  The Trial
Judge entered an interlocutory partial judgment on the pleadings
limiting the recovery from the parents of Sean Jordon to
$10,000.00 pursuant to T.C.A. SS 37-10-101, 102 and 103 which
reads as follows: 37-10-101.  Property damage by juvenile -
Recovery against parents or guardian. - Any municipal
corporation, county, township, village, school district or
department of the state of Tennessee, or any person, or any
religious organization, whether incorporated or unincorporated,
shall be entitled to recover damages in an action in assumpsit in
an amount not to exceed ten thousand dollars ($10,000.00) in a
court of competent jurisdiction from the parents or guardian of
the person of any minor under the age of twenty-one (21) years,
living with the parents or guardian of the person who shall
maliciously or willfully destroy property, real, personal or
mixed, belonging to such municipal corporation, county, township,
village, school district or department of the state of Tennessee
or persons or religious organizations. [Acts 1967, ch. 76, S 1;
1969, ch. 170, S 1.] 37-10-102.  Limitation on amount of
recovery. - The recovery shall be limited to the actual damages
in an amount not to exceed ten thousand dollars ($10,000) in
addition to taxable court costs. [Acts 1957, ch. 76. S 2; 1969,
ch. 170, S 2.] 37-10-103. Due care and diligence as barring
recovery.  No recovery shall be had if the parent or guardian of
the person shows due care and diligence in his care and
supervision of such minor child.

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

MOORE CONSTRUCTION COMPANY, INC., and PAUL W. MOORE,            
v
STORY ENGINEERING COMPANY,INC., and RODDY L. STORY,     

Court:TCA

For Plaintiffs/Appellants:        For Defendants/Appellees:

Thomas N. Bateman                 John T. Horton
Robert T. Bateman                 Brewer, Krause, Brooks & Mills
Bateman, Bateman & Darnell        Nashville, Tennessee
Clarksville, Tennessee
                        
Judge: WILLIAM C. KOCH, JR.

First Paragraph:

This appeal stems from a construction contract to improve the
natural gas transmission system in the City of Clarksville. 
After the City awarded the contract, an unsuccessful bidder sued
the project engineer in the Circuit Court for Montgomery County,
claiming interference with prospective economic advantage,
defamation, and disparagement.  The trial court granted the
project engineer's motion for summary judgment, and the
unsuccessful bidder has appealed to this court.  We have
determined that the summary judgment was appropriate because
Tennessee does not recognize the tort of interference with
prospective economic advantage and because the project engineer's
statements concerning the unsuccessful bidder were true.

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

NASHVILLE ELECTRIC SERVICE, v DON STONE,    

Court:TCA

DAVID J. TARPLEY
LEGAL AID SOCIETY OF MIDDLE TENNESSEE
Nashville, Tennessee
Attorney for Appellant

JOHN E. BUFFALOE, JR.
BUFFALOE & SHARP
Nashville, Tennessee
Attorney for Appellee                        

Judge: ALAN E. HIGHERS

First Paragraph:

Defendant/counter claimant/appellant, Don Stone ("Stone"),
appeals the judgment of the trial court dismissing his
counterclaim holding that the Federal Trade Commission ("FTC")
rules and regulations do not impose upon a third party creditor
such as NES the direct responsibility of placing the language of
the "holder" rule codified at 16 C.F.R. S 433(b)(2) in their loan
documents.  For reasons stated hereinafter, we affirm the
judgment of the trial court.

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

BOB PARKS, JOHN E. HARNEY, III, and GARY BOWMAN,
v
WILLIAM J. REINHART and wife, JUDITH F. REINHART,   

Court:TCA

JOHN G. MITCHELL, JR.
120 E. Main Street
P. O. Box 1336
Murfreesboro, Tennessee 37133-1336
Attorney for Plaintiffs/Appellees

LAURA TEK
1994 N. Gallatin Road
Madison, Tennessee 37115
Attorney for Defendants/Appellants                         

Judge: BEN H. CANTRELL

First Paragraph:

This is a dispute over a drainage easement.  The Chancery Court
of Rutherford County reformed the deed from the defendants to the
plaintiffs to include a description of the easement.  We affirm
the lower court's judgment, but we modify the judgment to reflect
the purchasers' obligation to keep the easement cleaned out.

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

JOHN ROBERTSON, 
v 
TENNESSEE WALKING HORSE BREEDERS' AND EXHIBITORS' ASSOCIATION,      

Court:TCA

For Plaintiff/Appellant:        For Defendant/Appellee:

Donald E. Parish                Marc O. Dedman
Ivey, Parish & Johns            Julie-Karel Elkin
Huntingdon, Tennessee           Spicer, Flynn & Rudstrom
                                Nashville, Tennessee

                                Diane Segroves
                                Bobo, Hunt & Bobo
                                Shelbyville, Tennessee
                       
Judge: WILLIAM C. KOCH

First Paragraph:

This appeal arises from a breeder's expulsion from the Tennessee
Walking Horse Breeders' and Exhibitors' Association.  The
Association revoked the breeder's membership and permanently
suspended his horse registration privileges for registering a
false pedigree for two horses.  The breeder sued the Association
in the Circuit Court for Marshall County alleging wrongful
expulsion and defamation and seeking reinstatement.  After
considering the parties' cross motions for summary judgment, the
trial court granted the Association's motion and dismissed the
case.  On this appeal, the breeder asserts that the Association
failed to follow its own bylaws and thereby deprived him of a
valuable property right without adequate notice.  We have
determined that the Association substantially complied with its
bylaws and rules and provided the breeder with fair notice and an
opportunity to be heard.  Accordingly, we affirm the trial
court's decision to grant the Association's summary judgment
motion.

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

CONNIE LEWIS THOMASSON  v JOSEPH RICHARD THOMASSON,

Court:TCA

W. DAVID KELLEY
Haynes, Hull, Rieder, & Ewell, P.A.
214 North Atlantic Street
Tullahoma, Tennessee  37388

RANDALL W. MORRISON
115 West Lincoln Street
P. O. Box 467
Tullahoma, Tennessee  37388
ATTORNEYS FOR PLAINTIFF/APPELLEE


ROGER J. BEAN
MARK W. BELL
Henry, McCord, Bean &
  Miller, P.L.L.C.
300 North Jackson Street
P. O. Box 538
Tullahoma, Tennessee  37388 
ATTORNEYS FOR DEFENDANT/APPELLANT                        

Judge: WILLIAM B. CAIN

First Paragraph:

Appellant Joseph Richard Thomasson, Jr. appeals a judgment of the
trial court holding him to be in criminal contempt for refusal to
comply with court ordered visitation relative to his two minor
sons and his former wife, appellee Connie Lewis Thomasson.

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

MARK S. TIDMAN and EVELYN J. TIDMAN,
v
THE SALVATION ARMY, JAMES R. WORTHY, BERTHA WORTHY, KENNETH E.
BREWER, FRED RUTH,          

Court:TCA

LARRY L. CRAIN
101 Westpark Drive, Suite 250
Brentwood, Tennessee 37027
Attorney for Plaintiffs/Appellants

L. GINO MARCHETTI, JR.
WILLIAM G. MCCASKILL, JR.
TAYLOR, PHILBIN, PIGUE, MARCHETTI
& BENNETT, PLLC
One Union Street
P. O. Box 198169
Nashville, Tennessee 37219-8169
Attorneys for Defendants/Appellees                        

Judge: BEN H. CANTRELL

First Paragraph:

Two former Salvation Army officers, a husband and wife who had
been demoted and discharged, sued their superior officers and The
Salvation Army itself for invasion of privacy, intentional
infliction of emotional distress, negligent infliction of
emotional distress, and outrageous conduct.  The Circuit Court of
Davidson County dismissed the complaint for failure to state a
claim upon which relief can be granted.  We affirm, and hold, in
addition, that the defendants' actions were protected by the
First Amendment to the United States Constitution.

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

LARRY G. TRAIL,             
v
TRANSPORTATION MANAGEMENT SERVICES, AND SKYLINE TRANSPORTATION,
INC.,

Court:TCA

For Transportation              For Skyline 
Management Services:            Transportation, Inc.:


Roland M. Lowell                Linda J. Hamilton Mowles
Bruce, Weathers, Corley,        Lewis, King, Krieg, Waldrop
Dughman & Lyle                  & Catron
Nashville, Tennessee            Knoxville, Tennessee
                        
Judge: WILLIAM C. KOCH, JR

First Paragraph:

This appeal involves a dispute between two trucking companies
over the enforceability of a contract to sell intrastate
operating rights along specified routes in Middle and East
Tennessee.  The purchaser declined to honor the contract when it
became worthless as a result of federal deregulation of
intrastate commercial trucking.  In an interpleader action filed
in the Chancery Court for Rutherford County, the seller asserted
that the purchaser breached the contract, and the purchaser
asserted that the contract permitted it to cancel in the event of
deregulation.  The trial court granted the seller's motion for
summary judgment after determining that the purchaser did not
have the right to cancel the contract because the federal
deregulation occurred after the contract's consummation date. 
The purchaser asserts on this appeal that it is entitled to
relief from its contractual obligation because the contract was
essentially worthless.  We have determined that the contract
remains enforceable and, therefore, affirm the trial court.

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

DONNA WILLIS and the FRANKLIN COUNTY EDUCATION ASSOCIATION, 
v.
FRANKLIN COUNTY BOARD OF EDUCATION and PATTY PRIEST,
Superintendent of Franklin County Schools,  

Court:TCA

For Plaintiffs/Appellants:      For Defendants/Appellees:

Charles Hampton White           Robert G. Wheeler, Jr.
Richard L. Colbert              Charles W. Cagle
Cornelius & Collins             Lewis, King, Krieg, Waldrop & Catron
Nashville, Tennessee            Nashville, Tennessee
                          
Judge: WILLIAM C. KOCH, JR.

First Paragraph:

This appeal involves a public school employee's employment rights
under a contract between the Franklin County Board of Education
and the Franklin County Education Association.  After accepting a
lower paying teaching position when her central office job was
abolished, the employee and her union filed suit in the Chancery
Court for Franklin County alleging that the school superintendent
and the school board had breached the contract.  The trial court,
sitting without a jury, held that the school superintendent and
the school board had not breached the contract and had not acted
arbitrarily or improperly by offering the employee a teaching
position.  We affirm the trial court's judgment because we have
determined that the reemployment rights available to laid off
employees do not apply to employees whose positions have been
abolished, and that the evidence does not show that the school
superintendent or the school board acted improperly.

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

STATE OF TENNESSEE, v JOHN ADAMS and RITA  ADAMS,
        
Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

John Adams                      John Knox Walkup
Michael E. Scholl               Attorney General & Reporter 
Attorney at Law
200 Jefferson Avenue            Peter M. Coughlan
Memphis, TN 3803                Assistant Attorney General
                                425 Fifth Avenue North
Rita Adams                      2d Floor, Cordell Hull Building
A C Wharton, Jr.                Nashville, TN 37243-0493
Shelby County Public Defender   
                                William L. Gibbons
Walker Gwinn                    District Attorney General
Assistant Public Defender   
201 Poplar Avenue, Suite 201    Amy P. Weirich
Memphis, TN 38103               Assit District Attorney General
                                201 Poplar Avenue, Suite 301
                                Memphis, TN 38103   

Judge: PAUL G. SUMMERS

First Paragraph:

The appellants, John and Rita Adams, were convicted by a jury of
aggravated child abuse through neglect in the Shelby County
Criminal Court.  Rita Adams was also convicted of assault.  The
appellants were sentenced to twenty years in the Department of
Correction. They have appealed.  We affirm all convictions and
sentences.

URL:http://www.tba.org/tba_files/TCCA/adamsj&r_opn.WP6
Opinion-Flash

DANNY E. GARRETT, v. STATE OF TENNESSEE,    

Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:

DANNY E. GARRETT, PRO SE            JOHN KNOX WALKUP
Northeast Correction Complex        Attorney General & Reporter
P.O. Box 5000
Mountain City, TN 37683             TIMOTHY F. BEHAN
                                    Asst. Attorney General
                                    425 Fifth Avenue North
                                    Nashville, TN 37243-0493
                
                                    RANDALL E. NICHOLS
                                    District Attorney General
                                    City-County Building
                                    Knoxville, TN 37902                         

Judge: CURWOOD WITT

First Paragraph:

The petitioner, Danny E. Garrett, appeals the Knox County
Criminal Court's denial of his petition for habeas corpus relief.
 On October 5, 1987, Garrett pleaded guilty to armed robbery and
assault with intent to commit murder.  The defendant made no
direct appeal but filed two previous post conviction petitions. 
This court affirmed the dismissals of these petitions as both
were barred by the applicable statute of limitations.  Danny E.
Garrett v. State, No. 03C01-9411-CR-00429 (Tenn. Crim. App.,
Knoxville, July 25, 1995), perm. app. denied (Tenn. 1996); Danny
Garrrett v. State, No. 03C01-9603-CR-00111 (Tenn. Crim. App.,
Knoxville, Dec. 12, 1997).  In this habeas corpus petition, which
he filed on March 20, 1997, Garrett alleged a deprivation of the
right to counsel during the hearing in which his 1986 pro se
motions for speedy trial and for dismissal were considered, and
he complained of the trial court's denial of a motion, filed
November 27, 1996, for a transcript of cases that apparently had
been pending in Knox County General Sessions Court in 1986.  The
trial court treated this habeas corpus petition as one for
post-conviction relief and dismissed it without a hearing on
April 6, 1997.

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

WILLIAM MICHAEL HOBSON, 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.  Finding that the issue raised on appeal has become moot,
we grant the state's motion.

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

JAMES A. HOOPER,v. STATE OF TENNESSEE,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

PRO SE                      JOHN KNOX WALKUP
                            Attorney General & Reporter

                            TIMOTHY E. BEHAN
                            Assistant Attorney General
                            Cordell Hull Bldg., Second Floor
                            425 Fifth Avenue, North
                            Nashville, TN 37243-0493

                            CHARLES E. HAWK, JR.
                            District Attorney General

                            FRANK A. HARVEY
                            Assistant District Attorney
                            P. O. BOX 703
                            KINGSTON, TN 37763                        

Judge: WILLIAM B. ACREE

First Paragraph:

The appellant, James A. Hooper, appeals as of right the trial
court's dismissal of his petition for post-conviction relief.  We
affirm the trial court. In 1992, the appellant  was indicted in a
multi-count indictment charging him with aggravated rape for
crimes which were committed in 1990.  He was convicted of three
counts, but those convictions were reversed by the Court of
Criminal Appeals.  In 1995, the appellant entered a plea of
guilty to one count of aggravated sexual battery, a lesser
included offense of Count 5.

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

RONALD L. JONES, v. STATE OF TENNESSEE,

Court:TCCA

For the Appellant:              For the Appellee:

Alan R. Beard                   John Knox Walkup        
601 Chattanooga Bank Bng        Attorney General of Tennessee
615 Lindsey Street                  and             
Chattanooga, TN 37402           Clinton J. Morgan
                                Asst Attorney General of Tennessee                  
                                425 Fifth Avenue North      
                                Nashville, TN 37243-0493

                                William H. Cox, III
                                District Attorney General
                                and
                                David Denny
                                Asst District Attorney General
                                600 Market Street, Suite 310
                                Chattanooga, TN 37402                          

Judge: Joseph M. Tipton

First Paragraph:

The petitioner, Ronald L. Jones, appeals as of right from the
Hamilton County Criminal Court's summary dismissal of his pro se
petition for post-conviction relief on the ground that it was
barred by the statute of limitations.  The petitioner contends
that the petition was timely filed under the 1995 Post-Conviction
Procedure Act.  He argues that the application of the statute of
limitations violates his due process rights because he was
unaware of developments in Tennessee law because he was
incarcerated in a federal prison in Kansas.  We affirm the
judgment of the trial court.

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

George Killingsworth, v Charles Jones,    

Court:TCCA

Judge: JERRY L. SMITH

First Paragraph:

O R D E R

The petitioner is appealing the trial court's denial of his
petition for writ of habeas corpus.  Petitioner was indicted on
one count each of aggravated rape and aggravated sexual battery.
Petitioner was tried and found guilty by a Davidson County jury. 
The petitioner contends that the judgment entered against him is
void because the indictment failed to allege the mens rea of the
offense charged.

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

DAVID MCDOWELL, v. CHARLES JONES, Warden,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

DAVID MCDOWELL              JOHN KNOX WALKUP
Pro Se                      Attorney General and Reporter
#109129
M.C.R.C.F.                  TIMOTHY F. BEHAN
P. O. Box 2000              Assistant Attorney General
Wartburg,  TN  37887-2000   425 Fifth Avenue North
                            Nashville, TN  37243-0493

                            CHARLES E. HAWK
                            District Attorney General

                            FRANK HARVEY
                            Assistant District Attorney
                            P. O. Box 703
                            Kingston, TN  37763

Judge: JERRY L. SMITH

First Paragraph:

Appellant David McDowell was convicted by a jury in the Bradley
County Criminal Court of aggravated rape.  As a Range I standard
offender, he was sentenced to twenty-two years incarceration with
the Tennessee Department of Correction.  This Court affirmed the
conviction.  State v. David McDowell, No. 251 Bradley County
(Tenn. Crim. App., Knoxville, October 23, 1986).  On December 30,
1996, Appellant filed an application for writ of habeas corpus in
the Morgan County Criminal Court, alleging that he was being
illegally restrained on a conviction and sentence based upon a
fatally defective indictment which failed to properly set forth a
mens rea.  The trial court denied the writ on February 14, 1997. 
Appellant presents the following issue for our consideration in
this appeal:  whether the trial court erred in dismissing the
petition for habeas corpus relief.

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

STATE OF TENNESSEE, v RALPH MILLER, 

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:


GARY ANTRICAN                   JOHN KNOX WALKUP
District Public Defender        Attorney General & Reporter

SHANA C. McCOY-JOHNSON          JANIS L. TURNER
Asst. Public Defender           Counsel for the State
P.O. Box 700                    John Sevier Bldg.
Somerville, TN 38068            425 Fifth Ave., North                                   
Nashville, TN  37243 0493
                
                                ELIZABETH T. RICE
                                District Attorney General
                                302 Market St. East
                                Somerville, TN 38068
                        
Judge: JOHN H. PEAY

First Paragraph:

The defendant was indicted for felony escape, a Class E felony. 
He pled guilty, and the trial court sentenced him as a Range III
career offender.  In this appeal as of right, the defendant
contends that the State failed to prove he qualified for
sentencing as a Range III career offender.  We affirm.

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

TIMOTHY EUGENE MORRIS,  v. STATE OF TENNESSEE,

Court:TCCA

FOR THE APPELLANT:

GREG W. EICHELMAN
District Public Defender

MICHAEL A. WALCHER
Assistant District Public Defender
1609 College Park Drive, Box 11
Morristown, TN  37813-1618

JAMES S. ROACH
Attorney at Law
P. O. Box 1495
Johnson City, TN  37605-1495


FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

MICHAEL E. MOORE
Solicitor General

KENNETH RUCKER
JOHN BAKER
Assistant Attorneys General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

C. BERKELEY BELL, JR.
District Attorney General

ERIC D. CHRISTIANSEN
Assistant District Attorney General
109 South Main, Ste. 501
Greeneville, TN  37743
                        

Judge: JOE G. RILEY

First Paragraph:

Petitioner, Timothy Eugene Morris, appeals the dismissal of his
second post-conviction relief petition by the Criminal Court of
Greene County.  He was previously convicted in 1981 of first
degree murder and sentenced to death.  

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

STATE OF TENNESSEE, v. MELVIN LEWIS PEACOCK,

Court:TCCA

For the Appellant:          For the Appellee:

Mark J. Fishburn            John Knox Walkup 
100 Thompson Lane           Attorney General of Tennessee
Nashville, TN 37211             and
                            Lisa A. Naylor
                            Asst Attorney General of Tennessee                                          
                            450 James Robertson Parkway     
                            Nashville, TN 37243-0493

                            Victor S. Johnson, III
                            District Attorney General
                            and
                            Katrin Novak Miller
                            Assistant District Attorney General
                            Washington Square
                            222 2nd Avenue, North
                            Nashville, TN 37201-1649
                          

Judge: Joseph M. Tipton

First Paragraph:

The defendant, Melvin Lewis Peacock, appeals as of right from his
jury convictions in Davidson County for possession with intent to
sell three hundred grams or more of a substance containing
cocaine, a Class A felony, and for the unlawful possession of a
weapon, a Class E felony.  The trial court sentenced the
defendant as a Range I, standard offender to twenty years in the
custody of the Department of Correction for the cocaine
possession conviction and to a concurrent two-year sentence in
the custody of the Department of Correction for the weapon
possession conviction.  The trial court ordered the defendant to
serve the twenty-year sentence consecutively to an earlier
sentence.  The defendant presents the following issues for our
review:

(1)  the trial court erred when it denied the defendant's motion
to suppress the evidence seized by the police pursuant to a
search warrant on the basis that an exact copy of the warrant was
not left with the defendant;
(2)  the trial court erred in denying the defendant's motion in
limine to preclude the state from introducing into evidence five
car titles found in a safe; and
(3)  the trial court erred in permitting the state to recall
Curtis Peacock as a witness during its case-in-chief.

We affirm the trial court's judgment of conviction.

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

DANNY E. ROGERS,v. STATE OF TENNESSEE,      

Court:TCCA

For Appellant:                  For Appellee:

Jerry B. Bible, Attorney        John Knox Walkup
11 Courthouse Square, Suite B   Attorney General and Reporter
Jasper, TN  37347           
                                Sandy C. Patrick    
                                Assistant Attorney General
                                Cordell Hull Building, 2 Floor
                                425 Fifth Avenue North               
                                Nashville, TN  37243-0493
                        
                                J. Michael Taylor
                                District Attorney General 

                                James W. Pope, III          
                                Asst District Attorney General
                                First American Building
                                Third and Market Streets
                                Dayton, TN  37321                           

Judge: GARY R. WADE

First Paragraph:

The petitioner, Danny E. Rogers, appeals the trial court's denial
of his petition for post-conviction relief.  In this appeal of
right, the single issue presented for review is whether the
petitioner was denied his right to effective assistance of
counsel.

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

STATE OF TENNESSEE, v. MICHAEL W. SIMMONS,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

C. MICHAEL ROBBINS          JOHN KNOX WALKUP
3074 East Street            Attorney General and Reporter
Memphis, TN 38128
                            MARVIN E. CLEMENTS, JR.
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243

                            JERRY WOODALL
                            District Attorney General

                            DONALD ALLEN
                            Assistant District Attorney General
                            P.O. Box 2825
                            Jackson, TN 38302                         

Judge: DAVID H. WELLES,

First Paragraph:

ORDER
The Defendant was convicted on a jury verdict of one count of
especially aggravated kidnapping and one count of aggravated
kidnapping.  He was sentenced to concurrent terms of 21 years and
9 years, to be served in the Department of Correction as a 100
percent violent offender.  He appeals from his convictions and
his sentences.  We find no merit to the Defendant's appeal, and
we affirm the judgment of the trial court.

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

THOMAS MICHAEL STONE, v STATE OF TENNESSEE, 

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

VICKI H. HOOVER             JOHN KNOX WALKUP
123 N. Poplar St.           Attorney General & Reporter
Paris, TN  38242
                            PETER M. COUGHLIN
                            Asst. Attorney General
                            425 5th Avenue North                                    
                            Nashville, TN  37243
                
                            ROBERT RADFORD
                            District Attorney General
                            P.O. Box 686
                            Huntingdon,  TN 38344                         

Judge: DAVID H. WELLES

First Paragraph:

The Defendant, Thomas Michael Stone, was indicted for rape of a
child, rape, and incest, and convicted by a jury of all three
charges.  The convictions were affirmed on direct appeal.  State
v. Thomas Michael Stone, C.C.A. No. 02C01-9503-CC-00063, Henry
County (Tenn. Crim. App., Jackson, Dec. 13, 1995).  In this
post-conviction relief proceeding filed on October 10, 1996, the
Defendant contends that he received ineffective assistance of
counsel at trial and on appeal.  After an evidentiary hearing,
the post-conviction court denied relief.  Upon our review of the
record, we affirm.

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

KEVIN SMITH TUCKER, 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/tuckerks_ord.WP6
Opinion-Flash

STATE OF TENNESSEE, v. RONNIE WALDEN,

Court:TCCA

FOR THE APPELLANT:      FOR THE APPELLEE:

Douglas A. Trant        John Knox Walkup
Attorney at Law         Attorney General & Reporter 
900 S. Gay Street
Suite 1502              Elizabeth B. Marney
Knoxville, TN 37902     Assistant Attorney General
                        Criminal Justice Division
                        425 Fifth Avenue North
                        Nashville, TN 37243-0493

                        William Paul Phillips
                        District Attorney General
                        P.O. Box 10
                        Huntsville, TN 37756

                        Clifton Sexton, Jr.
                        Michael Ripley
                        Shane Sexton
                        Assistant District Attorneys General
                        P.O. Box 323
                        Jacksboro, TN 37757                      

Judge: PAUL G. SUMMERS

First Paragraph:

The appellant, Ronnie Walden, was convicted of felony murder and
sentenced to life imprisonment.  The appellant filed a pro se
motion for a new trial, alleging ineffective assistance of
counsel.  The trial court denied the motion.  The appellant
appeals.  We affirm the judgment of the trial court.

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

STATE OF TENNESSEE, v. MARCUS WELCOME,      

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:


MARK E. STEPHENS            JOHN KNOX WALKUP
District Public Defender    Attorney General & Reporter

R. SCOTT CARPENTER          TODD R. KELLEY
Asst. Public Defender       Asst. Attorney General
1209 Euclid Ave.            John Sevier Bldg.
Knoxville, TN 37921         425 Fifth Ave., North                                   
                            Nashville, TN  37243 0493
                
                            RANDALL NICHOLS 
                            District Attorney General

                            MARSHA SELECMAN
                            Asst. District Attorney General
                                -and-
                            JERRY HALL
                            Acting Asst. District Attorney General
                            City-County Bldg.   
                            Knoxville, TN 37902
                                                        
Judge: JOHN H. PEAY

First Paragraph:

The defendant was indicted for robbery.  Following a trial, the
jury returned a verdict of guilty.  In this appeal as of right,
the defendant argues that the convicting evidence is insufficient
to sustain his conviction and that a remark made by the
prosecutor during closing argument amounts to reversible error. 
Finding no merit in the defendant's arguments, we affirm.

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

STATE OF TENNESSEE, v ADRIAN WHITE,     

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:


BRETT B. STEIN              JOHN KNOX WALKUP
236 Adams Ave.              Attorney General & Reporter
Memphis, TN 38103
                            ELIZABETH T. RYAN
WAYNE CHASTAIN              Asst. Attorney General
66 Monroe, Suite 804        John Sevier Bldg.
Memphis, TN 338103          425 Fifth Ave., North       
       (Trial Only)         Nashville, TN  37243-0493
                
                            WILLIAM L. GIBBONS
                            District Attorney General

                            THOMAS D. HENDERSON
                            JENNIFER NICHOLS
                            Asst. District Attorneys General
                            201 Poplar St., Suite 301
                            Memphis, TN 38103
                                                        
Judge: JOHN H. PEAY

First Paragraph:

The defendant was convicted of first-degree murder and two counts
of aggravated robbery.  In this appeal as of right, he argues
that the trial court erred in allowing the State to read the
indictment to the jury and in instructing the jury on "reasonable
doubt."  Finding no merit in either of these arguments, we
affirm.

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

STATE OF TENNESSEE, v GREGORY WHITFIELD,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

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

Tony N. Brayton                 Georgia Blythe Felner
Assistant Public Defender       Counsel for the State
(On Appeal)                     Criminal Justice Division
                                Cordell Hull Building, 2 Floor 
Michael Johnson                 425 Fifth Avenue North
Kevin Reed                      Nashville, TN 37243-0493
Assistant Public Defenders
201 Poplar Avenue, Suite 201    William L. Gibbons
Memphis, TN 38103               District Attorney General
(At Trial)  
                                David B. Shapiro
                                Chris Marshburn
                                Asst District Attorneys General
                                201 Poplar Avenue, Suite 301
                                Memphis, TN 38103

Judge: PAUL G. SUMMERS

First Paragraph:

The appellant, Gregory Whitfield, was convicted by a jury of
aggravated robbery and aggravated assault in the Shelby County
Criminal Court.  The trial court overruled his motion for a new
trial and he appeals.  The sole issue for our review is whether
the evidence is sufficient to support the jury's verdict.

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

STATE OF TENNESSEE, v. BRUCE E. WILLIAMS,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

MACK GARNER                     JOHN KNOX WALKUP
Office of the Public Defender   Attorney General and Reporter
Fifth Judicial District
421 High Street                 CLINTON J. MORGAN
Maryville, TN  37804            Assistant Attorney General
                                425 Fifth Avenue North
GERALD L. GULLEY, JR.           Nashville, TN  37243
(On Appeal Only)    
Contract Appellate Defender     MIKE FLYNN
P. O. Box 1708                  District Attorney General
Knoxville, TN  37901
                                EDWARD P. BAILEY, JR.
                                Assistant District Attorney
                                362 Court Street
                                Knoxville, TN  37804                    

Judge: JERRY L. SMITH

First Paragraph:

ORDER
On August 19, 1996, Appellant, Bruce E. Williams, was placed on
probation.  As part of the probation, an electronic monitoring
system would call Appellant's residence to confirm that Appellant
was abiding by his curfew.  On three separate occasions the
system was unable to contact the Appellant.  On February 2, 1997,
Appellant was arrested for public intoxication.  Again, on
February 18, 1997, Appellant was arrested for driving under the
influence and habitual motor offender.

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

STATE OF TENNESSEE, v. PHIL WILKERSON,  

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

CHARLES M. CORN                 JOHN KNOX WALKUP
District Public Defender        Attorney General & Reporter
P.O. Box 1453
Cleveland, TN 37364-1453        CLINTON J. MORGAN   
                                Counsel for the State
                                Criminal Justice Division
                                425 Fifth Ave. North
                                2nd Floor, Cordell Hull building
                                Nashville, TN 37243-0493    

                                JERRY N. ESTES
                                District Attorney General
                                Washington Ave.
                                Athens, TN 37303

                                AMY REEDY
                                Asst District Attorney General
                                P.O. Box 647
                                Athens, TN 37303-1453
             
Judge: CURWOOD WITT

First Paragraph:

The defendant, Phil Wilkerson, was convicted in a bench trial in
the McMinn County Criminal Court of two counts of the sale of
less than .5 gram of cocaine, a class C felony.  As a career
offender, he was sentenced to fifteen years, the mandatory
maximum penalty,  on each count.  The trial court ordered that
sentences in the instant case run concurrently but that they be
served consecutively to a twelve-year sentence on a prior
conviction.  In this appeal, the defendant contends that the
evidence was insufficient to prove that he was the seller of the
cocaine rather than a procuring agent for the purchaser and that
the trial court erred in running the fifteen-year sentences
consecutively to the earlier sentence.  We find the evidence
sufficient to support the defendant's convictions but remand the
case to the trial court for reconsideration of the consecutive
sentencing issue.

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

DEON BRADEN, v STATE OF TENNESSEE,  

Court:TCCA

FOR THE APPELLANT:

HERSHELL D. KOGER
131 North First Street
P.O. Box 1148
Pulaski, TN 38478
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

LISA A. NAYLOR
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

T. MICHAEL BOTTOMS
District Attorney General

STELLA L. HARGROVE
Assistant District Attorney General
10 Public Square
P.O. Box 1619
Columbia, TN 38402-1619                       

Judge: JOE G. RILEY

First Paragraph:

The petitioner, Deon Braden, appeals the trial court's denial of
his petition for post-conviction relief.  He alleges his original
guilty plea was involuntary and trial counsel rendered
ineffective assistance by failing to inform him of the potential
sentence he could receive.  After a thorough review of the
record, we REMAND to the trial court with instructions to enter
findings of fact and conclusions of law.  Alternatively, if the
trial court is unable to make findings of fact due to the passage
of time, a new hearing should be held.

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

STATE OF TENNESSEE, v DERRICK BURKEEN   

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:
WILLIAM C. BRIGHT           JOHN KNOX WALKUP
Assistant Public Defender   Attorney General and Reporter
22nd Judicial District
128 North 2nd Street        JANIS L. TURNER
P.O. Box 1208               Assistant Attorney General
Pulaski, TN 38478           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: CURWOOD WITT

First Paragraph:

The appellant, Derrick Burkeen, appeals as of right from the
trial court's revocation of his probation sentence.  He contends
that the trial court erred in revoking his probation and in
failing to consider sentencing alternatives other than
incarceration.  We affirm the judgment.

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

STATE OF TENNESSEE, v DEWEY L. CLARK,

Court:TCCA

FOR THE APPELLEE:           FOR THE APPELLANT:

Jeff D. Rader               John Knox Walkup
Ogle, Wynn & Rader          Attorney General & Reporter 
Attorneys at Law
103 E. Bruce Street         Timothy F. Behan
P.O. Box 5365               Assistant Attorney General
Sevierville, TN 37864       Criminal Justice Division
                            Cordell Hull Building, 2nd Floor
James H. Ripley             425 Fifth Avenue North
Sharp & Ripley              Nashville, TN 37243-0493
Attorneys at Law    
P.O. Box 4630               Alfred C. Schmutzer, Jr.
Sevierville, TN 37864       District Attorney General
    
                            Charles E. Atchley, Jr.
                            Assistant District Attorney General
                            125 Court Avenue, Room 301 E
                            Sevierville, TN 3786                        

Judge: PAUL G. SUMMERS

First Paragraph:

The Sevier County Grand Jury indicted the appellee, Dewey L.
Clark, on four counts of illegally dispensing controlled
substances while employed as a pharmacist and one count of theft
of property (controlled substances) over $500.  The state denied
Clark's application for pretrial diversion.  He filed a petition
for certiorari in the trial court challenging the state's
decision.  The trial court found that the prosecutor had abused
his discretion in denying diversion.  This Court granted the
state's application for an interlocutory appeal pursuant to Rule
9 of the Tennessee Rules of Appellate Procedure.  The issue is
whether the trial court's decision is supported by a
preponderance of the evidence.  We affirm.

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

STATE OF TENNESSEE,v RANDY LEMING,

Court:TCCA

FOR THE APPELLANT:

JERRY K. GAYLON
119 Court Avenue
Sevierville, TN  37862-3511
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

TODD R. KELLEY
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

ALFRED C. SCHMUTZER, JR.
District Attorney General

CHARLES E. ATCHLEY, JR.
G. SCOTT GREEN
Asst. District Attorneys General
125 Court Avenue, Room 301-E
Sevierville, TN 37862                         

Judge: JOE G. RILEY

First Paragraph:

The defendant, Randy Leming, was indicted by a grand jury in
Sevier County on two (2) counts of statutory rape, Class E
felonies.  He applied for pretrial diversion, which was denied by
the district attorney's office.  He filed a petition for writ of
certiorari in the trial court to review the denial of pretrial
diversion.  The trial court sustained the denial, and defendant
subsequently pled guilty to both counts of statutory rape.  The
trial court sentenced defendant as a Range I, standard offender,
to concurrent sentences of eighteen (18) months imprisonment for
each offense.  On appeal, defendant contends that the trial court
erred in:

(1) sustaining the prosecutor's denial of pretrial diversion; (2)
denying judicial diversion; and (3) imposing an excessive
sentence to be served in incarceration.

We affirm the judgment of the trial court.

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

STATE OF TENNESSEE, v EUGENE McCARTER,  

Court:TCCA

For the Appellant:              For the Appellee:

Mack Garner                     John Knox Walkup 
District Public Defender        Attorney General of Tennessee
419 High Street                 and
Maryville, TN 37804             Michael J. Fahey, II
                                Asst Attorney General of Tennessee                                          
                                425 Fifth Avenue North      
                                Nashville, TN 37243-0493

                                Michael L. Flynn
                                District Attorney General
                                and
                                Edward P. Bailey, Jr.
                                Asst District Attorney General
                                Blount County Courthouse
                                363 High Street
                                Maryville, TN 37804
                        
Judge: Joseph M. Tipton

First Paragraph:

The defendant, Eugene McCarter, appeals as of right from the
Blount County Circuit Court's revocation of his probation.  He
argues that the trial court erred by revoking his probation.  We
disagree.

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

STATE OF TENNESSEE, v. ANDRE PARKS,

Court:TCCA

FOR THE APPELLANT:

JOHN HARWELL DICKEY
District Public Defender

MICHAEL D. RANDLES
(At Trial)
Assistant District Public Defender
218 North Main Street
Shelbyville, TN  37160


JULIE A. MARTIN
(On Appeal)
706 Walnut Street, Ste. 900-A
P. O. Box 426
Knoxville, TN  37901-0426
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

DARYL J. BRAND
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

W. MICHAEL McCOWN
District Attorney General

WEAKLEY E. BARNARD
Assistant District Attorney General
Marshall County Courthouse
Room 407
Lewisburg, TN  37091                        

Judge: JOE G. RILEY

First Paragraph:

Defendant, Andre Parks, appeals his conviction by a Lincoln
County jury of the offense of selling cocaine under 0.5 grams, a
Class C felony.  He was sentenced to a term of eight (8) years
and eleven (11) months and denied alternative sentencing.  He
presents the following issues for our review:

1.  whether the evidence is sufficient to support the   guilty
verdict; 2.  whether the trial court erred in failing to suppress
the undercover agent's in court identification of the defendant;
3.  whether the trial court erred by admitting into        
evidence the packages containing the cocaine     since it had
defendant's name marked on them; and 4.  whether the trial
court erred in sentencing the defendant.

After a careful review of the evidence, we affirm the judgment of
the trial court.

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

STATE OF TENNESSEE,v. EARNEST EUGENE TRAVIS,

Court:TCCA

For Appellant:                  For Appellee:

Peter D. Heil, Attorney         John Knox Walkup
P.O. Box 40651                  Attorney General and Reporter
Nashville, TN  37204            
(on appeal)                     Daryl J. Brand  
                                Assistant Attorney General
David E. Brandon, Attorney      425 Fifth Avenue North
211 Third Avenue North          Second Floor, Cordell Hull Building 
Nashville, TN  37201            Nashville, TN  37243-0493
(at trial and on appeal)
                                William E. Whitesell 
                                District Attorney General
                                Third Floor, Judicial Building
                                Murfreesboro, TN  37130                       

Judge: GARY R. WADE

First Paragraph:

The defendant, Earnest Eugene Travis, was convicted in a bench
trial of driving under the influence of an intoxicant.  The trial
court imposed a sentence of eleven months and twenty-nine days,
granted supervised probation after forty eight hours in jail, and
revoked the driver's license of the defendant.  In this appeal of
right, the defendant challenges the sufficiency of the evidence,
argues that the opinion testimony of the police officers should
have been excluded, and contends that the trial judge
impermissibly considered personal knowledge in making his
decision.

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

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