TBALink Opinion-Flash

SEPTEMBER 3, 1998 -- Volume #4 -- Number #129

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
04-New Opinons From TSC-Workers Comp Panel
11-New Opinons From TCA
14-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


======================================================================
                       TBALink Opinion Flash 
September 3, 1998                                    Vol. #4 -- No. #129
======================================================================

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.

In today's issue:

            0   New Opinions From TSC               
            0   New Opinions From TSC-Rules             
            6   New Opinions From TSC-Workers Comp Panel 
           11   New Opinions From TCA              
           14   New Opinions From TCCA            

See the end of this issue of Opinion Flash for details on how to
get the full text of each opinion cited below.

Lucian T. Pera
Editor-in-Chief, TBALink
======================================================================

HENRY MITCHELL BRUMMITT
VS.
LOCKHEED MARTIN ENERGY
SYSTEMS, INC.

Court:TSC - Workers Comp Panel

Attorneys:  

For the Appellant:          For the Appellee:

John D. Agee                Robert M. Stivers, Jr.
Cooley, Cooley & Agee       Associate General Counsel
155-1/2 East Race St.       Lockheed Martin Energy Systems, Inc.
P. O. Box 730               P. O. Box 2009
Kingston, TN 37763          Oak Ridge, TN 37831-8014                        

Judge:INMAN

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with T.C.A. S 50-6-225(e)(3) for hearing and reporting to the Supreme
Court of findings of fact and conclusions of law. The plaintiff
alleged that he became totally disabled on account of anxiety and
depression caused by several specific, acute and sudden stressful
job-related incidents, all of which were denied by the defendant.

URL:http://www.tba.org/tba_files/TSC_WCP/brummitt_wc3.WP6
Opinion-Flash

JACOB E. CARTER
VS.
LUMBERMEN'S UNDERWRITING ALLIANCE,
and
LARRY BRINTON, JR., DIRECTOR OF
THE DIVISION OF WORKERS' COMPENSATION, 
TENNESSEE DEPARTMENT OF LABOR, SECOND INJURY FUND

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:              For the Appellee (Lumbermen's):

Charles W. Burson               John W. Wheeler
Attorney General and Reporter   Amy V. Hollars
                                Hodges, Doughty & Carson
Sandra E. Keith                 617 Main Avenue
Assistant Attorney General      P.O. Box 869
404 James Robertson Parkway     Knoxville, TN  37901-0869
Suite 1510
Nashville, TN  37243
                        

Judge:BYERS

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. Review of
the findings of fact made by the trial court is de novo upon the
record of the trial court, accompanied by a presumption of the
correctness of the findings, unless the preponderance of the evidence
is otherwise.  Tenn. Code Ann.  S 50-6-225(e)(2); Stone v. City of
McMinnville, 896 S.W.2d 548, 550 (Tenn. 1995). The application of this
standard requires this Court to weigh in more depth the factual
findings and conclusions of the trial court in a workers' compensation
case.  See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456
(Tenn. 1988). The issues raised on appeal are:  whether the evidence
preponderates against the finding by the trial judge that the
plaintiff is permanently and totally disabled; whether the trial court
erred in apportioning the liability of the insurer at 25 percent and
of the Second Injury Fund at 75 percent; and whether the trial court
erred in limiting the insurer's liability to 25 percent of 400 weeks
and imposing liability on the Second Injury Fund for the remainder of
the weeks until the plaintiff reaches age 65.

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

CAROL DOUGLAS
VS.
GRAVES GOLD LEAF GALLERY OF 
WEST TENNESSEE, INC.,
MARSHA S. GRAVES, d/b/a 
GRAVES GOLD LEAF GALLERY

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellant:                          For the Appellee:

Scott G. Kirk                               David A. Riddick
Hardee, Martin, & Jaynes                    P.O. Box 1117
213 East Lafayette                          Jackson, TN 38302-1117
Jackson, TN 38302-2004                         

Judge:STAFFORD

First Paragraph:

This worker's 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) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. The parties
have raised two issues for the Panel's consideration: I.    Whether a
preponderance of the evidence supports the trial court's finding that
the defendant did not employ five or more persons making it subject to
the Worker's Compensation Act?

II. Whether a preponderance of the evidence supports the trial
court's finding that the plaintiff provided notice to the defendant
within thirty days of the plaintiff's discovery of a work-related
injury?

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

JAMES WALKER HURST
VS.
SCRUGGS, INC. and CIGNA 
PROPERTY & CASUALTY COMPANY
and
LARRY BRINTON, JR., DIRECTOR OF
THE DIVISION OF WORKERS'
COMPENSATION, TENNESSEE
DEPARTMENT OF LABOR,
SECOND INJURY FUND

Court:TSC - Workers Comp Panel

Attorneys:   

For the Appellant:              For the Appellees (Scruggs/Cigna):

John Knox Walkup                Robert M. Shelor
Attorney General and Reporter   Kristi D. McKinney
                                Kennerly, Montgomery & Finley, P.C.
Dianne Stamey Dycus             4th Floor, Nationsbank Center
Senior Counsel                  P.O. Box 442
Civil Division                  Knoxville, TN  37901
425 Fifth Avenue North      
2nd Floor, Cordell Hull Building
Nashville, TN  37243-0499                       

Judge:BYERS

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. Review of
the findings of fact made by the trial court is de novo upon the
record of the trial court, accompanied by a presumption of the
correctness of the findings, unless the preponderance of the evidence
is otherwise.  Tenn. Code Ann.  S 50-6-225(e)(2); Stone v. City of
McMinnville, 896 S.W.2d 548, 550 (Tenn. 1995). The application of this
standard requires this Court to weigh in more depth the factual
findings and conclusions of the trial court in a workers' compensation
case.  See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456
(Tenn. 1988).

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

DONNA LEE STEPHENS, Individually,
and JESSICA NICOLE PROCTOR
(STEPHENS), ERIC JUSTIN
STEPHENS, and JOSEPH IAN
STEPHENS, b/n/f Donna Lee Stephens
VS.
R. C. LEAMON and CONDITIONAIRE COMPANY, INC.

Court:TSC - Workers Comp Panel

Attorneys:  

For Appellants:                    For Appellee, R. C. Leamon:

John W. Johnson, III               Glenn R. Copeland
Hatcher, Johnson & Meaney          Copeland & Whittenburg
Chattanooga, Tennessee             Chattanooga, Tennessee

                           For Appellee, Conditionaire Company,Inc.:

                                   William A. Lockett
                                   Cleary & Lockett
                                   Chattanooga, Tennessee                        

Judge:Loser

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. section 50-6-225(e)(3) for hearing and reporting
of findings of fact and conclusions of law.  In this claim for death
benefits, the claimants contend the evidence preponderates against the
trial court's findings that the decedent was an independent contractor
and that the defendant, Leamon, was not a statutory employer.

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

DAVID F. SUMMERS
VS.
KNOXVILLE UTILITIES BOARD,
and
LARRY BRINTON, JR., DIRECTOR
OF THE DIVISION OF WORKERS' COMPENSATION, TENNESSEE
DEPARTMENT OF LABOR, THE SECOND INJURY FUND

Court:TSC - Workers Comp Panel

Attorneys:  

For Appellant:              For Appellee, David F. Summers:

John W. Wheeler             J. Anthony Farmer
Hodges, Doughty & Carson    Knoxville, Tennessee
Knoxville, Tennessee
                            For Appellee, Second Injury Fund:
                            
                            John Knox Walkup
                            Attorney General & Reporter
                            
                            Kathleen W. Stratton
                            Sandra E. Keith
                            Assistant Attorneys General
                            Nashville, Tennessee                        

Judge:Loser

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. section 50-6-225(e)(3) for hearing and reporting
of findings of fact and conclusions of law.  Fairly stated, the issues
referred to the panel for findings and conclusions are (1) whether the
chancellor erred in computing the employer's liability for permanent
total disability benefits based upon a percentage of benefits payable
to the employee up to age 65, (2) whether the chancellor erred in
holding the employer liable for all benefits payable until the time of
the employee's death, from a cause other than the compensable injury,
on September 8, 1996, and (3) whether the chancellor abused his
discretion by refusing to order the claimant's counsel to remit a
portion of his fee because the claimant died before the expiration of
400 weeks.  As discussed below, the panel has concluded the judgment
should be affirmed as to all three issues.

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

FRED E. DEAN
VS.
DONAL CAMPBELL, et al.

Court:TCA

Attorneys:

FRED E. DEAN, PRO SE
Riverbend Maximum Security Institution
7475 Cockrill Bend Ind. Rd.
Nashville, TN 37209-1010


JOHN KNOX WALKUP
Attorney General and Reporter   
ARTHUR CROWNOVER II, BPR # 12306
Assistant Attorney General
Civil Rights and Claims Division
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0488
ATTORNEYS FOR THE DEFENDANTS/APPELLEES                          

Judge:CAIN

First Paragraph:

This case comes to us on appeal from an order dismissing Appellant
Dean's complaint against Appellees, filed apparently under the
auspices of 42 U.S.C. S 1983 et seq., alleging violation of civil
rights under the color of state authority.  The trial court dismissed
Mr. Dean's complaint for failure to specify the capacity of the
defendants being sued.  For the reasons and under the authorities
recited below, we affirm the trial court's dismissal of Mr. Dean's
claim with prejudice.

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

WILLIAMSON COUNTY BROADCASTING
COMPANY, INC., and WILLIAM B. ORMES
VS.
INTERMEDIA PARTNERS, a California limited partnership; INTERMEDIA
CAPITAL MANAGEMENT; a general partner of InterMedia Partners; LEO J.
HINDERY, JR. Managing General Partner and Chief Executive Officer of
InterMedia Capital Management; ROBIN CABLE SYSTEMS; ROBIN MEDIA GROUP,
INC.; FIRST CABLEVISION, INC.; ROBIN CABLE SYSTEMS LIMITED
PARTNERSHIP; TENNESSEE VALLEY CABLEVISION

Court:TCA

Judge:TODD

First Paragraph:

The appellants and appellees have both filed a Petition to Rehear,
which we have considered and found to be without merit.  It is,
therefore, ordered that the petitions be denied.

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

JAMES HARRISON JENKINS,
VS.
ANNETTE CAROL JENKINS

Court:TCA

Attorneys: 

J. BRANDEN BELLAR
Bellar & Bellar
212 Main Street
P. O. Box 332
Carthage, Tennessee  37030
ATTORNEY FOR PLAINTIFF/APPELLANT

WILLIAM JOSEPH BUTLER
Farrar, Holliman & Cassidy
102 Scottsville Highway
P. O. Box 280
Lafayette, Tennessee  37083
ATTORNEY FOR DEFENDANT/APPELLEE                         

Judge:CAIN

First Paragraph:

In this case James Harrison Jenkins appeals the action of the trial
court in dismissing his petition to modify a final decree of divorce.

URL:http://www.tba.org/tba_files/TCA/jenkinsj_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,
VS.
ROSS JORDON, SUSAN JORDON, and SEAN JORDON

Court:TCA

Attorneys:  

Charles R. Ray, #3188               Vincent E. Wehby, #2288
211 Third Avenue North              501 Union Street, Suite 500
Nashville, Tennessee 37219-8288     Nashville, Tennessee 37219-2305
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: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 read as follows:

URL:http://www.tba.org/tba_files/TCA/lavinac_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,
VS.
ROSS JORDON, SUSAN JORDON, and SEAN JORDON

Court:TCA

Judge:TODD

First Paragraph:

It appears that the opinion of this Court filed on July 1, 1998, cites
and quotes statutes which were amended prior to the date of the events
upon which this action is based.

It is therefore ordered that said opinion be withdrawn and that a
corrected opinion filed contemporaneously with this order be
substituted therefor.

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

STATE OF TENNESSEE
VS.
MARLON MADISON, a child less than eighteen years of age

Court:TCA

Attorneys:    

JOHN KNOX WALKUP
Attorney General & Reporter

CLINTON J. MORGAN
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, Tennessee 37243-0493
Attorney for Plaintiff/Appellee

WANDA A. WHITE
P. O. Box 556
Byrdstown, Tennessee 38549

GORDON T. GERMAIN
P. O. box 515
Monticello, Kentucky 42633
Attorneys for Defendant/Appellant                      

Judge:CANTRELL

First Paragraph:

The Juvenile Court of Pickett County found a juvenile to be delinquent
for selling marijuana to a classmate.  He appealed to the Circuit
Court, which likewise found him to be delinquent, and placed him on
probation with the Department of Childrens' Services.  We reverse the
Circuit Court.

URL:http://www.tba.org/tba_files/TCA/madison2_opn.WP6
Opinion-Flash

STATE OF TENNESSEE
VS.
MARLON MADISON, a child less than eighteen years of age

Court:TCA

Attorneys:                          

Judge:TODD

First Paragraph:

On the Court's own motion the Court orders that the original opinion
filed in this case is withdrawn and the attached opinion is
substituted therefor.

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

PLANNED PARENTHOOD OF
MIDDLE TENNESSEE, et al.
VS.
DON SUNDQUIST, GOVERNOR OF THE STATE OF TENNESSEE

Court:TCA

Judge:TODD

First Paragraph:

Anthony E. Trabue and Betty K. Neff have filed a Tenn. R. App. P. 39
petition for rehearing with regard to the portion of this court's
August 12, 1998 opinion reversing the trial court's order awarding
them $27,600 in attorney's fees.  We have carefully considered the
arguments in the petition for rehearing and have again concluded that
neither Tenn. R. Evid. 706(b) nor any other statute or rule provides a
basis for requiring the parties to pay for the attorney's fees
voluntarily incurred by court-appointed experts.  Accordingly, the
trial court had no authority to require the state to pay either the
$25,000 or the $2,600 in attorney's fees it awarded to Drs. Trabue and
Neff.

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

EDITH STROMATT
VS.
THE METROPOLITAN EMPLOYEE BENEFIT BOARD
OF THE METROPOLITAN GOVERNMENT OF NASHVILLE
AND DAVIDSON COUNTY, TENNESSEE

Court:TCA

Attorneys: 

CHARLES R. RAY
JEFFERY S. FRENSLEY
211 Third Avenue North
P. O. Box 198288
Nashville, Tennessee  37219-8288
ATTORNEYS FOR PLAINTIFF/APPELLANT

JOHN L. KENNEDY
WM. MICHAEL SAFLEY
204 Metropolitan Courthouse
Nashville, Tennessee  37201
ATTORNEYS FOR DEFENDANT/APPELLEE                         

Judge:BUSSART

First Paragraph:

The appellant in this action is Edith Stromatt, a former employee of
the Metropolitan Government of Nashville, Tennessee.  When Ms.
Stromatt sought disability with the Metropolitan Employee Benefit
Board ("the Benefit Board"), she was granted a medical disability
pension; however, she was denied the in-line-of-duty pension (IOD)
that she desired.  Ms. Stromatt brought suit in chancery court
claiming that the Benefit Board erred in its failure to grant her an
IOD pension.  She also claims that the Benefit Board denied her the
constitutional right to be heard prior to its decision.  The trial
court agreed with the conclusions of the Benefit Board and dismissed
Ms. Stromatt's appeal.

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

JIMMY H. VAUGHN
VS.
MARY RUNYON VAUGHN

Court:TCA

Judge:Todd

First Paragraph:

Appellee [ "Wife"] petitions for rehearing of this appeal and for
cause avers that the opinion of the court was silent on the issues of
(1) failure of the trial court to award her a greater increase in
alimony and (2) her request for award of attorney fees on appeal.

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

JENNIFER O. WILSON (OAKLEY)
VS.
LARRY ARNOLD WILSON

Court:TCA

Attorneys: 

J. RUSSELL HELDMAN
320 Main Street, Suite 101
Franklin, Tennessee 37064

JOHN E. HERBISON
501 Union Street, Suite 500
Nashville, Tennessee 37219
Attorneys for Plaintiff/Appellant

EARL J. PORTER, JR.
214 Third Avenue North
Nashville, Tennessee 37201

THOMAS F. BLOOM
500 Church Street, Fifth Floor
Nashville, Tennessee 37219
Attorneys for Defendant/Appellee                         

Judge:CANTRELL

First Paragraph:

In a documentary on how to complicate a simple divorce, this case
would serve as a highlight film.  After the trial court finally
entered a final judgment, the parties on appeal argue about the trial
judge's refusal to recuse herself,  a pre-nuptial agreement, the
division of marital property, the award of attorney's fees, and
certain injunctions involving the custody and visitation with the
parties' minor child.  We modify the judgment to give Dr. Oakley a
$2,000 credit for her separate property awarded to Mr. Wilson and to
make the judgment for attorney's fees run to Mr. Wilson instead of his
lawyer.  In all other respects we affirm the judgment below.

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

STATE OF TENNESSEE
VS.
MONTEZ ANTUAN ADAMS,RICARDO MAXWELL, &
MARCUS LAMONT WILLOUGHBY

Court:TCCA

Attorneys:   

FOR THE APPELLANT:              FOR THE APPELLEE:

SCOTT KIRK
Attorney for Appellant Adams    JOHN KNOX WALKUP
213 E. Lafayette                Attorney General and Reporter
Jackson, TN 38301
                                MARVIN E. CLEMENTS, JR.
CHRISTY RAUCHLE LITTLE          Assistant Attorney General
Attorney for Appellant Maxwell  425 Fifth Avenue North
200 East Main, Suite 111        Nashville, TN 37243
Jackson, TN 38301
                                JERRY WOODALL
J. COLIN MORRIS                 District Attorney General
Atty for Appellant Willoughby
204 West Baltimore              DONALD H. ALLEN
Jackson, TN 38301               Assistant District Attorney General
                                P.O. Box 2825
                                Jackson, TN 38302                       

Judge:WELLES

First Paragraph:

The Defendants, Montez Adams, Ricardo Maxwell, and Marcus Lamont
Willoughby, pursuant to Tennessee Rule of Appellate Procedure 3(b),
appeal as of right their convictions for first degree felony murder,
especially aggravated burglary, conspiracy to commit especially
aggravated burglary, and theft over $500.  In addition, Defendant
Maxwell appeals his sentence on the four convictions.

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

ROBERT A. BENNETT
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:          FOR THE APPELLEE:

Dwight Scott                John Knox Walkup
Attorney at Law             Attorney General & Reporter 
4024 Colorado Avenue
Nashville, TN 37209         Deborah Tullis
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243-0493

                            Victor S. (Torry) Johnson III
                            District Attorney General

                            Kymberly Haas
                            Assistant District Attorney General
                            Washington Square, Suite 500
                            222-2nd Avenue North
                            Nashville, TN 37201-1649                        

Judge:SUMMERS

First Paragraph:

The Grundy County Grand Jury charged the appellant, Robert Bennett, 
with one count of aggravated rape.  In March 1987, the appellant was
convicted by a jury of the lesser included offense of aggravated
sexual battery.  He was sentenced to twenty years in the Department of
Correction.  This Court affirmed the appellant's conviction.  State v.
Bennett, No. 88-16-III (Tenn. Crim. App. filed at Nashville, Aug. 9,
1988).  The victim was the appellant's very young daughter.

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

WALTER J.  DOLAN
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:          FOR THE APPELLEE:


GREG KING                   JOHN KNOX WALKUP
222 Second Ave., North      Attorney General & Reporter
Suite 360-M
Nashville, TN 37201         CLINTON J. MORGAN
                            Counsel for the State
                            John Sevier Bldg.
                            425 Fifth Ave., North
                            Nashville, TN  37243-0493
                
                            VICTOR S. JOHNSON, III
                            District Attorney General

                            PAUL DEWITT
                            Asst. District Attorney General
                            Washington Sq. Two, Suite 416
                            222 Second Ave., North
                            Nashville, TN 37201                        

Judge:PEAY

First Paragraph:

In September of 1984, the defendant entered a guilty plea to bank
robbery.  For this conviction he received a thirty (30) year sentence,
concurrent with a previous federal sentence.  He did not seek direct
review of his sentence.  In June of 1987, he filed a petition for writ
of habeas corpus, which was denied without a hearing on October 19,
1987.  On October 24, 1989, his motion to reconsider was denied.

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

STATE OF TENNESSEE
VS.
JOSEPH L. GRANDERSON

Court:TCCA

Attorneys:

    FOR THE APPELLANT:
    
    A.C. WHARTON, JR.
    Shelby County Public Defender
    
    BETTY J. THOMAS (At Trial)
    W. MARK WARD (On Appeal)
    Assistant Public Defenders
    201 Poplar Avenue, Suite 201
    Memphis, TN  38103-1947FOR THE APPELLEE:
    
    JOHN KNOX WALKUP
    Attorney General and Reporter
    
    ELIZABETH T. RYAN
    Assistant Attorney General
    Cordell Hull Building, 2nd Floor
    425 Fifth Avenue North
    Nashville, TN  37243-0493
    
    WILLIAM L. GIBBONS
    District Attorney General
    
    LEE V. COFFEE
    Assistant District Attorney General
    201 Poplar Avenue, Suite 301
    Memphis, TN  38103-1947                          

Judge:RILEY

First Paragraph:

The defendant, Joseph L. Granderson, was convicted by a Shelby County
jury of premeditated first degree murder and was sentenced to life
imprisonment.  On appeal, he asserts that the evidence is insufficient
to sustain his conviction because (1) the state failed to prove
premeditation beyond a reasonable doubt; and (2) the jury wrongly
rejected his claim of self-defense.  After a thorough review of the
record before this Court, we find that the evidence is sufficient to
support the jury's finding of guilt.  Therefore, the judgment of the
trial court is affirmed.

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

ALAN D. HEAD
VS.
STATE OF TENNESSE

Court:TCCA

Judge:SMITH

First Paragraph:

This matter is before the Court upon the state's motion to affirm the
judgment of the trial court pursuant to Rule 20, Rules of the Court of
Criminal Appeals.  Having reviewed the petitioner's brief, the state's
motion, and the entire record, we find that the state's motion is well
taken.  Accordingly, we affirm the judgment of the trial court
pursuant to Rule 20.

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

STATE OF TENNESSEE
VS.
SAMUEL F. HOWARD, III

Court:TCCA

Attorneys: 

FOR THE APPELLANT:
    
    CHRISTOPHER L. NEARN
    (Trial and Appeal)
    243 Exchange Avenue
    Memphis, TN 38105
    
    BILL ANDERSON, JR.
    (Trial Only)
    138 North Third Street
    Memphis, TN 38103-2007

    FOR THE APPELLEE:
    
    JOHN KNOX WALKUP
    Attorney General and Reporter
    
    PETER M. COUGHLAN
    Assistant Attorney General
    Cordell Hull Building, 2nd Floor
    425 Fifth Avenue North
    Nashville, TN  37243-0493
    
    WILLIAM L. GIBBONS
    District Attorney General
    
    J. ROBERT CARTER, JR.
    ROSEMARY ANDREWS
    Asst District Attorneys General
    201 Poplar Ave, Suite 301
    Memphis, TN 38103-1947                        

Judge:RILEY

First Paragraph:

The defendant, Samuel F. Howard, III, appeals as of right his
convictions by a Shelby County jury of murder in the perpetration of a
felony and especially aggravated robbery.  He received concurrent
sentences of life and twenty (20) years.  The defendant raises the
following issues for review:

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

WALTER KENDRICK
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:   

For Appellant:              For Appellee:

Greg King, Attorney         John Knox Walkup
222 Second Avenue North     Attorney General and Reporter
Suite 360-M     
Nashville, TN  37201        Deborah A. Tullis       
                            Assistant Attorney General
                            Criminal Justice Division
                            Cordell Hull Building, Second Floor
                            425 Fifth Avenue North 
                            Nashville, TN  37243

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

Judge:WADE

First Paragraph:

The petitioner, Walter Kendrick, appeals the trial court's denial of
his petition for post-conviction relief.  The issue presented for
review is whether his pleas of guilt were knowingly and voluntarily
entered with the effective assistance of counsel.  We find no error
and affirm the judgment of the trial court.

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

STATE OF TENNESSEE
VS.
MARIA MACLIN

Court:TCCA

Attorneys: 

For Appellant:                  For Appellee:

C. Michael Robbins              John Knox Walkup
Attorney at Law                 Attorney General & Reporter
3074 East Street                
Memphis, TN  38128              Peter M. Coughlan
(on appeal)                     Asst Attorney General
                                425 Fifth Avenue North
Gary W. Ball                    Cordell Hull Building, Second Floor
and                             Nashville, TN  37243-0493
Jane E. Sturdivant                  
Attorneys at Law                Janet S. Shipman
242 Poplar Avenue                   and
Memphis, TN  38103              Johnny R. McFarland
(at trial)                      Asst District Attorneys General
                                Criminal Justice Complex
                                201 Poplar Street, Suite 301
                                Memphis, TN  38103                         

Judge:WADE

First Paragraph:

The defendant, Maria Maclin, was convicted of second degree murder. 
The trial court sentenced the defendant, who qualified as a violent
offender, to twenty-two years imprisonment.  A fine of ten thousand
dollars was imposed.  In this appeal of right, the defendant does not
challenge the sufficiency of the evidence but does present the
following issues for our review:

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

STATE OF TENNESSEE
VS.
MARCUS L. NELSON,

Court:TCCA

Judge:WADE

First Paragraph:

In State v. King, ____ S.W.2d ____ (Tenn. 1998), our supreme court
ruled that the charge on parole eligibility and early release was
acceptable because the jury was provided the instruction on an
"information only" basis.  In my view, juries should not be allowed to
weigh and consider parole eligibility in the context of innocence or
guilt.  Any error in giving the instruction in this instance, however,
was harmless beyond doubt.  The proof is overwhelming that the
defendant committed the crimes for which he was convicted.  So long as
the jury understands that the statute at issue plays no part in the
determination of guilt or innocence to any of the crimes defined in
the instructions, convictions should be upheld on appeal.  Otherwise,
the ruling of this court in State v. Jason M. Weiskopf, No.
02C01-9611- CR-00381 (Tenn. Crim. App., at Jackson, Feb. 4, 1998),
app. filed, (May 6, 1998), should control.

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

STATE OF TENNESSEE
VS.
MARCUS L. NELSON

Court:TCCA

Attorneys:  

FOR THE APPELLANT:              FOR THE APPELLEE:

KARL DEAN                       JOHN KNOX WALKUP 
District Public Defender        Attorney General & Reporter

JEFFREY A. DeVASHER             DARYL J. BRAND
Assistant Public Defender       Assistant Attorney General
1202 Stahlman Building          2nd Floor, Cordell Hull Building
Nashville, TN  37201            425 Fifth Avenue North 
                                Nashville, TN  37243

                                VICTOR S. JOHNSON, III
                                District Attorney General

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

Judge:WOODALL

First Paragraph:

The Defendant, Marcus L. Nelson, appeals as of right from his
conviction in the Davidson County Criminal Court.  Following a jury
trial, Defendant was convicted of aggravated robbery and was sentenced
to serve nine (9) years in the Tennessee Department of Correction.  In
addition to arguing that the evidence was insufficient to sustain a
conviction of aggravated robbery, the Defendant argues the trial court
erred in instructing the jury on the range of penalties advising the
purported minimum length of time Defendant would serve prior to being
eligible for parole.  We affirm the judgment of the trial court.

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

STATE OF TENNESSEE
VS.
TERRY DON RHEA

Court:TCCA

Attorneys:  

FOR THE APPELLANT:
    
    JOHN KNOX WALKUP
    Attorney General and Reporter
    
    ELIZABETH T. RYAN
    Assistant Attorney General
    Cordell Hull Building, 2nd Floor
    425 Fifth Avenue North
    Nashville, TN  37243-0493
    
    JAMES G. (JERRY) WOODALL
    District Attorney General
    
    JAMES W. THOMPSON
    Assistant District Attorney General
    225 Martin Luther King Drive
    P.O. Box 2825
    Jackson, TN 38302-2825FOR THE APPELLEE:
    
    CLIFFORD M. COLE
    1355 Lynnfield Road, Suite 101
    Memphis, TN 38119                        

Judge:RILEY

First Paragraph:

The State of Tennessee brings this interlocutory appeal pursuant to
Tenn. R. App. P. 9 and challenges the Madison County Circuit Court's
decision to suppress Terry Don Rhea's (defendant's) statement to law
enforcement authorities.  The trial court found that defendant was
subjected to custodial interrogation without having received
constitutionally mandated Miranda warnings and, accordingly, 
suppressed his statement.  On appeal, the state contends that the
trial court erred in suppressing defendant's statement because he was
not in custody when he gave his statement to the police.  We affirm
the judgment of the trial court.

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

RALPH ROE
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For Appellant:              For Appellee:

Ralph Roe, #114901, Pro Se  John Knox Walkup
R.M.S.I. Unit 6-B-222       Attorney General and Reporter
7475 Cockrill Bend Road
Nashville, TN  37209-1010   Timothy F. Behan        
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Second Floor, Cordell Hull Building 
                            Nashville, TN  37243-0493                         

Judge:WADE

First Paragraph:

The defendant, Ralph Roe, appeals the trial court's denial of habeas
corpus relief.  In this appeal of right, the petitioner contends that
he should have been appointed counsel, received a hearing, and been
granted relief based upon the invalid arrest warrant.

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

GARY RUSSELL
VS.
STATE OF TENNESSEE

Court:TCCA

Judge:HAYES

First Paragraph:

This matter is before the Court upon the state's motion to affirm the
trial court judgment in this case in accordance with Rule 20, Rules of
the Court of Criminal Appeals.  The record has been filed and the
petitioner, by and through counsel, has filed his brief.

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

STATE OF TENNESSEE
VS.
BRANDON WILSON,

Court:TCCA

Attorneys: 

For the Appellant:          For the Appellee:

Raymond Mack Garner         John Knox Walkup
District Public Defender    Attorney General of Tennessee
     and                    and             
George H. Waters            Marvin E. Clements, Jr.
     and                    Assistant Attorney General of Tennessee
Roland Cowden               450 James Robertson Parkway     
Assistant Public Defenders  Nashville, TN 37243-0493
419 High Street
Maryville, TN 37804-4912    Michael L. Flynn
                            District Attorney General
                                and
                            Philip Morton
                            Assistant District Attorney General
                            Blount County Courthouse
                            37804-5906                         

Judge:TIPTON

First Paragraph:

The defendant, Brandon Wilson, appeals as of right from his
convictions in the Blount County Circuit Court upon guilty pleas for
six counts of delivering one-half gram or more of cocaine, a Class B
felony, one count of possessing less than one-half gram of cocaine
with the intent to sell or deliver, a Class C felony, and one count of
delivering less than one-half gram of cocaine, a Class C felony.  For
each of the Class B felonies, the defendant was sentenced as a Range
I, standard offender to ten years in the custody of the Department of
Correction and was fined two thousand dollars.  The trial court
sentenced the defendant as a Range II, multiple offender to six years
in the custody of the Department of Correction for each of the Class C
felonies and fined the defendant three thousand dollars and two
thousand dollars, respectively.  The sentences are to be served
concurrently.

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

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