TBALink Opinion-Flash

September 11, 1998 -- Volume #4 -- Number #133

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
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00-New Opinons From TCA
22-New Opinons From TCCA

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Editor-in-Chief, TBALink


TOMMY JOE WALKER
vs.
STATE OF TENNESSEE, 
Ex Rel, Donal Campbell,
Commissioner of the
Tennessee Department  of
Corrections and Ricky J. Bell,Warden

with DISSENTING OPINION

Court:TCCA

Attorneys:

For the Appellant:                      For the Appellee:

Mark E. Stephens                        John Knox Walkup
Public Defender                         Attorney General and Reporter
    
Paula R. Voss                           Karen M. Yacuzzo
Asst. Public Defender                   Assistant Attorney General
1209 Euclid Avenue                      Criminal Justice Division
Knoxville, TN  37921                    425 Fifth Avenue North
                                        2d Floor, Cordell Hull Bldg
                                        Nashville, TN 37243-0493                                  

Judge:Hayes

First Paragraph:

The appellant, Tommy Joe Walker, appeals the Davidson County Circuit
Court's summary dismissal of his application for writ of habeas
corpus.  Specifically, the appellant contends that the trial court
erred in finding that his 1977 conviction for voluntary manslaughter
was not void.  The appellant is currently incarcerated at the
Riverbend Maximum Security Institute in Nashville awaiting execution
for an unrelated murder committed in 1989.   See  State v. Walker, 910
S.W.2d 381(Tenn. 1995), cert. denied, --U.S.--, 117 S.Ct. 88 (1996).

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

STATE OF TENNESSEE
vs.
KENNETH F. WALKER

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

Patrick Cooley                      John Knox Walkup
Cooley, Cooley & Agee               Attorney General & Reporter 
P.O. Box 730            
Kingston, TN 37763                  Sandy C. Patrick
                                    Assistant Attorney General
                                    Cordell Hull Building, 2d Floor
                                    425 Fifth Avenue North
                                    Nashville, TN 37243-0943    
                        
                                    Charles E. Hawk
                                    District Attorney General
                        
                                    Roger Delp
                                    Asst District Attorney General
                                    P.O. Box 703
                                    Kingston, TN 37763                          

Judge:SUMMERS

First Paragraph:

The appellant, Kenneth F. Walker, pled nolo contendere to a charge of
possession of over seventy pounds of a Schedule VI controlled
substance with intent to deliver.  The appellant, however, reserved
the right to appeal a certified question of law pursuant to Rule
37(b)(2)(I) of the Tennessee Rules of Criminal Procedure.

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

DONALD RAY TURNER
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

Donald Ray Turner, Pro Se           John Knox Walkup        
Unit 8/26 M.C.R.C.F.                Attorney General of Tennessee
P.O. Box 2000                       and             
Wartburg, TN 37887                  Michael J. Fahey, II
                                    Asst. Attorney General of TN
                                    425 Fifth Avenue North      
                                    Nashville, TN 37243-0493

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

Judge:Tipton

First Paragraph:

The petitioner, Donald Ray Turner, appeals as of right from the
Hamilton County Criminal Court's denial of his second petition for
post-conviction relief from his conviction upon the entry of a guilty
plea to aggravated sexual battery on July 8, 1993.  The petitioner
received a Range I sentence of eight years to be served concurrently
with a federal sentence.  The trial court held that the petition for
relief was barred by the statute of limitations and that, in any
event, the grounds asserted for relief had been waived, were
previously determined, or lacked merit.  The petitioner, proceeding on
the record pursuant to Rule 29(c), T.R.A.P., argues that he is
entitled to post-conviction relief because federal and state
authorities failed to abide by the requirements of the Interstate
Compact on Detainers in that he was not transferred within thirty
days, was not tried within one hundred eighty days, and was not
provided a hearing before being transferred.  We affirm the denial of
post-conviction relief.

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

STATE OF TENNESSEE
vs.
TADARYL SHIPP

Court:TCCA

Attorneys:

 FOR THE APPELLANT:                 FOR THE APPELLEE:

M. CHRISTOPHER COFFEE               JOHN KNOX WALKUP
Attorney at Law                     Attorney General & Reporter
P.O. Box 870
Knoxville, TN  37902                ELIZABETH B. MARNEY
                                    Asst. Attorney General
                                    425 Fifth Ave. N., 2d Floor
                                    Nashville, TN  37243-0493

                                    RANDALL E. NICHOLS
                                    District Attorney General

                                    S. JO HELM
                                    WILLIAM CRABTREE
                                    Asst. District Attorneys General
                                    P.O. Box 1468
                                    Knoxville, TN  37901-1468                         

Judge:WITT

First Paragraph:

The defendant, Tadaryl Shipp, appeals the convictions of first degree
murder and conspiracy to commit first degree murder that he received
at his jury trial in the Knox County Criminal Court.  Shipp is
presently serving consecutive sentences of life and 25 years in the
Department of Correction.  In this direct appeal, he challenges the
sufficiency of the convicting evidence and the propriety of the trial
court's sentencing determination.  Having reviewed the record and the
briefs of the parties and having heard oral arguments, we affirm both
convictions and sentences; however, we vacate the imposition of
consecutive sentences and remand in order for the trial court to make
the appropriate findings before determining whether the defendant will
serve his sentences concurrently or consecutively.

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

JACKIE R. ROBINSON
vs.
MICHAEL DUTTON, Warden, 
and STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                      FOR THE APPELLEE:

JACKIE R. ROBINSON, pro se              JOHN KNOX WALKUP 
RMSI Unit 6                             Attorney General & Reporter
7475 Cockrill Bend
Industrial Road                         ELIZABETH B. MARNEY
Nashville, TN  37209-1010               Assistant Attorney General
                                        2nd Floor, Cordell Hull Bldg
                                        425 Fifth Avenue North 
                                        Nashville, TN  37243
                          

Judge:WOODALL

First Paragraph:

The Petitioner, Jackie Robinson, appeals as of right the trial court's
dismissal of his petition for writ of habeas corpus.  We affirm the
judgment of the trial court.

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

STATE OF TENNESSEE
vs.
LON MITCHELL PIERCE, JR.

with DISSENTING OPINION

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

JAMES S. ROACH                      JOHN KNOX WALKUP
Attorney at Law                     Attorney General and Reporter
128 E. Market Street    
Johnson City, TN  37604             MARVIN E. CLEMENTS, JR.
                                    Assistant Attorney General
                                        and
                                    2nd Floor, Cordell Hull Bldg
                                    425 Fifth Avenue North 
DONALD E. SPURRELL                  Nashville, TN  37243
Attorney at Law 
128 E. Market Street            
Johnson City, TN  37604             H. GREELEY WELLS
                                    District Attorney General

                                    TERESA M. SMITH
                                    Asst District Attorney General
                                    P.O. Box 526
                                    Blountville, TN  37617                          

Judge:WOODALL

First Paragraph:

The Appellant, Lon Mitchell Pierce, Jr., was found guilty by a
Sullivan County jury of the crimes of first degree felony murder,
theft over $10,000, misdemeanor theft, and evading arrest.  At the
time of the instant offenses, the Appellant was fifteen years of age. 
Following a hearing in the Juvenile Court, the Appellant was
transferred to the Criminal Court for trial as an adult.  Although the
Appellant was also indicted on a charge of simple possession of
cocaine, the jury returned a verdict of not guilty as to this count. 
In accordance with the sentencing provisions for the capital crime of
felony murder, the trial court fixed the Appellant's sentence at life
imprisonment.  Following a sentencing hearing for the remaining
convictions, the trial court imposed an effective sentence of four
years and ordered that this sentence run concurrently to the life
sentence.  In this appeal as of right, the Appellant raises the
following issues:  I.   Whether the State of Tennessee had
jurisdiction over the offenses of felony murder and felony theft;
II. Whether the evidence is sufficient to sustain the Appellant's
conviction for felony murder; III.  Whether the trial court properly
denied the Appellant's request for special instructions regarding the
felony murder charge; IV.   Whether the court properly charged the
jury regarding lesser offenses of felony murder; and  V.     Whether
the trial court erred in allowing the jury to sentence the Appellant
to life in prison. After a review of the record, we affirm the
judgment of the trial court.

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

STATE OF TENNESSEE
vs.
VERONICA L. PHILLIPS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:


CHARLES ALLEN                       JOHN KNOX WALKUP
P.O. Box 5027                       Attorney General & Reporter
Oneida, TN  37841
                                    MICHAEL J. FAHEY, II
                                    Asst. Attorney General
                                    John Sevier Bldg.
                                    425 Fifth Ave., North
                                    Nashville, TN  37243-0493
                
                                    WILLIAM PAUL PHILLIPS
                                    District Attorney General

                                    CLIFTON H. SEXTON
                                    Asst. District Attorney General
                                    P.O. Box 10
                                    Huntsville, TN  37756                         

Judge:PEAY

First Paragraph:

The defendant was charged in the indictment with one count of reckless
homicide and one count of reckless aggravated assault.  The defendant
filed an application for pretrial diversion with the district attorney
general, who denied the defendant's application by written response. 
The defendant then filed a petition for writ of certiorari with the
trial court, which was denied.  Pursuant to Rule 9 of the Tennessee
Rules of Appellate Procedure, the defendant sought and was granted
permission to appeal the trial court's decision to this Court.  The
sole issue presented in this appeal is whether the trial court erred
in determining that the district attorney general did not abuse his
discretion by denying the defendant's application for pretrial
diversion.  After our review of the record, we affirm the trial
court's decision.

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

STATE OF TENNESSEE
vs.
TIMOTHY LANE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

J. TIMOTHY STREET                   JOHN KNOX WALKUP
136 Fourth Avenue, South            Attorney General and Reporter
Franklin, TN  37064
                                    KAREN M. YACUZZO
E. COVINGTON JOHNSON                Assistant Attorney General
136 Fourth Avenue, South            425 Fifth Avenue North
Franklin, TN.  37064                Nashville, Tn.  37243

                                    JOE D. BAUGH, JR.
                                    District Attorney General

                                    MARK PURYEAR
                                    Assistant District Attorney
                                    P. O. Box 937
                                    Franklin, TN  37065-0937                          

Judge:SMITH

First Paragraph:

On March 25, 1997, in the Williamson County Circuit Court, the
Appellant, Timothy L. Lane, pled guilty to a charge of aggravated
assault.  As a Range I standard offender, he was sentenced to a two
year suspended sentence and five years of supervised probation.  Mr.
Lane was also ordered to continue counseling with respect to the
issues which had caused him to attack the victim, and he was ordered
to pay restitution to the victim for the injuries sustained by her.
The Appellant presents one issue for our consideration on appeal:
Whether the trial court erred in refusing to grant the Appellant
so-called judicial diversion pursuant to Tennessee Code Annotated
Section 40-35-313. We find that the judgment of the trial court must
be affirmed.

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

STATE OF TENNESSEE
vs.
DAVID KRANTZ

Court:TCCA

Attorneys:

FOR THE APPELLANT:
ROBERT G. WHEELER, JR.
SunTrust Center, Suite 900
424 Church Street
P.O. Box 198615
Nashville, TN 37219-8615

FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
    
KAREN M. YACUZZO
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493
    
TOM P. THOMPSON, JR.
District Attorney General
    
JOHN D. WOOTEN, JR.
Assistant District Attorney General
203 Greentop Street
P.O. Box 178
Hartsville, TN 37074-0178                          

Judge:RILEY

First Paragraph:

The defendant, David Krantz, appeals as of right his sentences based
upon guilty pleas to various counts of aggravated burglary and theft
over $1,000 in Trousdale, Macon, and Smith Counties.  The sentences in
the three (3) counties have been consolidated for appellate purposes. 
The defendant received an effective sentence of four (4) years with
one (1) year to be served in the local jail and the remainder on
probation.  The defendant contends the trial court failed to apply a
mitigating factor in sentencing him and erred in not granting total
probation.  Although we remand for the correction of the judgments,
the trial court is affirmed in all other respects.

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

STATE OF TENNESSEE
vs.
WILLIAM JETT, JR.

Court:TCCA

Attorneys:

For Appellant:                      For Appellee:

Terry J. Canady, Attorney           John Knox Walkup
211 Printers Alley Building         Attorney General and Reporter
Suite 400           
Nashville, TN  37201-1414           Marvin E. Clements, Jr. 
                                    Assistant Attorney General
                                    Criminal Justice Division 
                                    Cordell Hull Bldg, Second Floor
                                    425 Fifth Avenue North
                                    Nashville, TN  37243-0493

                                    S. Carran Daughtrey 
                                    and
                                    Kymberly Haas
                                    Asst District Attorneys General
                                    222 Second Avenue North
                                    Suite 500 
                                    Nashville, TN  37201
                          

Judge:WADE

First Paragraph:

The defendant, William Jett, Jr., was convicted of Class C felony
stalking.  The trial court imposed a Range II, seven-year sentence
which is to be served consecutively to a prior sentence he is serving
as the result of a probation violation.  In this appeal of right, the
defendant challenges the sufficiency of the evidence, complains that
the trial court erred by refusing to instruct the jury on the crime of
harassment and argues that the jury was improperly informed of his
prior conviction for stalking.  We find no error and affirm the
judgment of the trial court.

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

STATE OF TENNESSEE
vs.
CHARLES HARRILL

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:


JULIE A. MARTIN                     JOHN KNOX WALKUP
P.O. Box 426                        Attorney General & Reporter
Knoxville, TN  37901-0426
    (On Appeal)                     GEORGIA BLYTHE FELNER
                                    Asst. Attorney General
GERALD RUSSELL                      John Sevier Bldg.
117 E. Harper Ave.                  425 Fifth Ave., North
 Maryville, TN  37801               Nashville, TN  37243-0493
    (At Trial)      
                                    MIKE FLYNN
                                    District Attorney General
                                    363 Court St.
                                    Maryville, TN  37804
                                              

Judge:PEAY

First Paragraph:

The defendant was indicted for rape, a Class B felony.  He pled guilty
and after a hearing, was sentenced to eight years as a Range I
standard offender in the Department of Correction.  The defendant now
appeals, arguing that the trial court should have granted him
alternative sentencing.  We affirm the defendant's sentence.

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

STATE OF TENNESSEE
vs.
D'SHANNON H. GOINS

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

DEBORAH HUSKINS                     JOHN KNOX WALKUP
Assistant Public Defender           Attorney General & Reporter
First Judicial District
P.O. Box 996                         ELIZABETH B. MARNEY
Johnson City, TN   37605            Assistant Attorney General
                                    Criminal Justice Division
                                    425 Fifth Ave. North
                                    Second Floor, Cordell Hull Bldg
                                    Nashville, TN 37243-0493    

                                    DAVID E. CROCKETT
                                    District Attorney General
                                    Rt. 19, Box 99
                                    Johnson City, TN 37601

                                    KENT GARLAND
                                    Asst District Attorney General
                                    P.O. Box 38
                                    Jonesborough, TN 37659                          

Judge:WITT

First Paragraph:

The defendant, D'Shannon H. Goins, was convicted in a jury trial in
the Washington County Criminal Court of simple assault, a Class A
misdemeanor. The trial court sentenced him to serve eleven months and
twenty-nine days with all but the first sixty days of the sentence to
be served on probation.  The jury assessed a fine of $2,500, and the
trial court ordered the defendant to pay one hundred dollars per month
toward the court costs and as restitution to the victim.  In addition,
the defendant must spend ten days performing community service.  In
this direct appeal,  the defendant does not challenge the validity of
his convictions.  He contends that the trial court should have
suspended his entire sentence and that two of the probationary
conditions imposed by the trial court are unreasonable and  unrelated
to the purposes of sentencing.

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

STATE OF TENNESSEE
vs.
VELMA JEAN FREEMAN

Court:TCCA

Attorneys:

FOR THE APPELLEE:           FOR THE APPELLANT:

RICHARD A. SPIVEY           JOHN KNOX WALKUP
142 Cherokee Street         Attorney General and Reporter
Kingsport, TN 37660
                            TODD R. KELLEY
                            Assistant Attorney General
                            425 5th Avenue North
                            Nashville, TN 37243
    
                            GREELEY WELLS
                            District Attorney General

                            JOSEPH EUGENE PERRIN
                            Assistant District Attorney General
                            Sullivan County Justice Center
                            Blountville, TN 37617                          

Judge:WELLES

First Paragraph:

This is an interlocutory appeal pursuant to Rule 9 of the Tennessee
Rules of Appellate Procedure.  The State of Tennessee appeals from the
trial court's determination that the District Attorney General abused
his discretion by denying pretrial diversion.  We affirm the judgment
of the trial court.

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

IN RE:      
INTERNATIONAL FIDELITY 
INSURANCE COMPANY

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

JOHN K. KING                    JOHN KNOX WALKUP
ALAN M. PARKER                  Attorney General and Reporter
P. O. BOX 2425              
Knoxville, TN 38901             MICHAEL J. FAHEY, II
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493
    
                                CHARLES E. HAWK
                                District Attorney General
                        
                                FRANK A. HARVEY
                                Assistant District Attorney General
                                P. O. BOX 703
                                Kingston, TN 37763-0703                          

Judge:CRAFT

First Paragraph:

International Fidelity Insurance Company appeals as of right the entry
of an order summarily denying it permission to underwrite bail bonds
in Loudon County due to its failure to deposit funds with the Loudon
County Court Clerk pursuant to a local rule of court.  Appellant
presents two issues for our review: (1) whether the State Commissioner
of the Department of Commerce and Insurance is mandated by statute to
be the regulating authority of insurance companies doing business in
Tennessee, thus preempting the authority of the local courts, and (2)
whether a local court has the authority to require additional local
cash deposits over and above the $100,000 required by statute to be
made to the state, even though the insurance company is found to be
solvent and otherwise qualified by the State Commissioner of the
Department of Commerce and Insurance to do business in the courts of
this state.  For the reasons stated in this opinion, we set aside the
order of the trial court denying the petition and remand this cause
for a hearing on the merits.

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

JONATHAN ELLIS
vs.
HOWARD CARLTON,
WARDEN, STATE OF TENNESSEE  

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

JONATHAN ELLIS, PRO SE          JOHN KNOX WALKUP
P.O. Box 5000                   Attorney General and Reporter
Mountain City, TN 37683-5000
                                ELLEN H. POLLACK
                                Assistant Attorney General
                                425 Fifth Avenue North
                                Nashville, TN 37243                          

Judge:WELLES

First Paragraph:

The Defendant, Jonathan Ellis, appeals as of right from the dismissal
of his petition for habeas corpus relief.  The Defendant is an inmate
in the custody of the Department of Correction.  According to his
petition, on May 10, 1994, he pleaded guilty to and was convicted of
thirteen counts of aggravated rape and was sentenced to concurrent
terms of twenty-five years for each conviction.  On July 25, 1997, the
Defendant filed a petition for a writ of habeas corpus alleging that
the Criminal Court of Sullivan County, in which he pleaded guilty, did
not have jurisdiction to convict him of these offenses because the
crimes were actually committed in Hawkins County rather than Sullivan
County.  The trial court summarily dismissed the petition, concluding
that the allegation of lack of venue did not provide the Defendant
grounds for habeas corpus relief.  We affirm the judgment of the trial
court.

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

STATE OF TENNESSEE
vs.
DAVID C. DOYAL

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

JOHN KNOX WALKUP                    DONALD R. COFFEY
Attorney General & Reporter         Attorney at Law
                                    625 S. Gay St.
TODD R. KELLEY                      Knoxville, TN  37902
Asst. Attorney General
425 Fifth Ave. N., 2d Floor
Nashville, TN  37243-0493

RANDALL E. NICHOLS
District Attorney General

SCOTT GREEN
Asst. District Attorney General
City-County Building
Knoxville, TN  37902                          

Judge:WITT

First Paragraph:

The State of Tennessee appeals the trial court's suppression of
evidence pertaining to a University of Tennessee security officer's
off-campus, warrantless arrest of the defendant.  The trial court
suppressed the evidence based upon its conclusion that the officer was
without lawful authority to effectuate the arrest under the
circumstances of the case.  The sole issue in this appeal is whether
the trial court was correct in this conclusion.  Having reviewed the
record, briefs, and arguments of the parties, we find merit in the
state's argument, reverse the trial court's suppression ruling, and
remand this matter for further proceedings.

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

MAURICE DEWAYNE DAVIS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

Thomas Trevathan                    John Knox Walkup        
6208 Baum Drive                     Attorney General of Tennessee
Knoxville, TN 37919                             and             
                                    Janis L. Turner
                                    Asst Attorney General of TN
                                    425 Fifth Avenue North      
                                    Nashville, TN 37243-0493

                                    Randall E. Nichols
                                    District Attorney General
                                        and
                                    Fred Bright
                                    Asst District Attorney General
                                    City-County Building
                                    Knoxville, TN 37902                         

Judge:Tipton

First Paragraph:

The petitioner, Maurice Dewayne Davis, appeals as of right from the
judgment of the Knox County Criminal Court denying him post-conviction
relief from his 1993 conviction for second degree murder that resulted
in a twenty-five-year sentence in the Department of Correction.  The
petitioner contends that he entered an involuntary and unknowing
guilty plea through the ineffective assistance of counsel.

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

STATE OF TENNESSEE
vs.
BOBBY W. CANTER

Court:TCCA

Attorneys:

For the Appellant:                  For the Appellee:

Stephen M. Wallace                  John Knox Walkup        
District Public Defender            Attorney General of Tennessee
     and                            and             
Gale K. Flanary                     Clinton J. Morgan
Assistant Public Defender           Asst Attorney General of TN 
P.O. Box 839                        425 Fifth Avenue North      
Blountville, TN 37617               Nashville, TN 37243-0493

                                    H. Greeley Wells, Jr.
                                    District Attorney General
                                        and
                                    Teresa Murray Smith
                                    Greg Newman
                                    Asst District Attorneys General
                                    P.O. Box 526
                                    Blountville, TN 37617                          

Judge:Tipton

First Paragraph:

The defendant, Bobby W. Canter, appeals as of right from the denial of
probation by the Sullivan County Criminal Court.  Pursuant to a plea
agreement, the defendant pled guilty to the attempt to commit
aggravated sexual battery, a Class C felony, and was sentenced to
eight years in the Department of Correction as a Range II, multiple
offender.  We affirm the trial court.

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

STATE OF TENNESSEE
vs.
JOSEPH J. BROOKS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

NANCY MEYER                         JOHN KNOX WALKUP
Office of the Public Defender       Attorney General and Reporter
101 South Main Street       
Suite 450                           MARVIN E. CLEMENTS, JR.
Clinton, TN  37716                  Assistant Attorney General
                                    425 Fifth Avenue North
                                    Nashville, TN  37243-0493

                                    JAMES N. RAMSEY
                                    District Attorney General

                                    JAN HICKS
                                    Assistant District Attorney
                                    127 Anderson County Courthouse
                                    Clinton, TN  37716                         

Judge:SMITH

First Paragraph:

An Anderson County grand jury indicted Appellant on three counts of
rape of a child and three counts of incest, alleging sexual
penetration of MT, Appellant's step-daughter. On August 19, 1996,
Appellant entered a plea of  nolo contendere to the reduced charge of
three counts of simple rape, for an agreed sentence of eight years on
each count, with the sentences to be run concurrently. The trial court
conducted a probation hearing on February 7, 1997, after which the
trial court denied probation and ordered Appellant to serve his
sentence in the Tennessee Department of Correction. Appellant appeals
from this denial of probation.

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

STATE OF TENNESSEE
vs.
TRELVER BRADLEY

Court:TCCA

Attorneys:

For Appellant:                      For Appellee:

Jerry Hoffer, Attorney              John Knox Walkup
275 North Ocoee Street              Attorney General and Reporter
Suite C     
Cleveland, TN  37311                Clinton J. Morgan 
                                    Counsel for the State 
                                    425 Fifth Avenue North 
                                    Second Floor, Cordell Hull Bldg
                                    Nashville, TN  37243-0493

                                    Steve Ward 
                                    Asst District Attorney General
                                    Tenth Judicial District
                                    P.O. Box 647
                                    Athens, TN  37303-0647                          

Judge:WADE

First Paragraph:

The defendant, Trelver Bradley, indicted for first degree murder, was
found guilty of reckless homicide.  The trial court imposed a Range I
sentence of four years.  The defendant was fined $5,000.00. In this
appeal of right, the defendant complains that the trial court
improperly instructed the jury.  We find no error and affirm the
judgment.

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