TBALink Opinion-Flash

September 17, 1998 -- Volume #4 -- Number #135

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
00-New Opinons From TSC-Workers Comp Panel
05-New Opinons From TCA
24-New Opinons From TCCA

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Editor-in-Chief, TBALink



DOROTHY JANE AHERN (PIEROTTI)
VS.
ROBERT FRANCES AHERN

Court:TCA

Attorneys:          

John R. Candy, Collierville, Tennessee
Garland Erguden, Memphis, Tennessee
Attorneys for Defendant/Appellant.

Robert A. Wampler, Memphis, Tennessee
Attorney for Plaintiff/Appellee.                

Judge:FARMER

First Paragraph:

Defendant Robert Francis Ahern (the Husband) appeals the trial court's
judgment finding the Husband guilty of multiple counts of criminal
contempt for failing to pay the alimony and child support obligations
set forth in the court's final divorce decree.  We affirm in part and
reverse in part the trial court's judgment.

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

EDDIE JOY DOBBINS
VS.
GEORGE DOBBINS, Administrator of the Estate of Mark Dobbins, Deceased

Court:TCA

Attorneys:  

Fred M. Ridolphi, Jr., 
HUMPHREYS DUNLAP WELLFORD ACUFF & STANTON, Memphis, Tennessee
Attorney for Plaintiff/Appellant Eddie Joy Dobbins.

Charles G. Black, Memphis, Tennessee
Attorney for Defendant/Appellee Earthie Dobbins.

W. Meredith Clark, Memphis, Tennessee
Attorney for Defendant/Appellee Betty Dobbins.                        

Judge:FARMER

First Paragraph:

On January 28, 1992, Mark Dobbins was accidentally shot and killed at
the Orpheum Theater in Memphis at the age of 17.  The appellant, Eddie
Joy Dobbins, is Mark's paternal grandmother in whose custody he had
remained for the seven years preceding his death.  Following Mark's
death, Eddie Joy filed three wrongful death lawsuits, individually and
as next friend for her grandson, against David Industries, Rita Garth
and the Memphis Development Foundation, respectively.  The lawsuits
were ultimately settled for a net total of approximately $119,000. 
Thereafter, the probate court issued letters of administration to
Mark's uncle, George Dobbins, Jr., for the purpose of distributing the
settlement proceeds which comprised the entire estate.  Mark's natural
parents, Earthie Dobbins and Betty Hinds Dobbins, petitioned the court
to require the administrator to distribute to them their respective
share of the proceeds.  Eddie Joy opposed such distribution, asserting
that the parents had abandoned their son prior to his death and that
she was therefore entitled to the entire proceeds.  Betty then moved
for summary judgment and Earthie, for partial summary judgment,
asserting their entitlement to the funds.  The probate court
interpreted the wrongful death statutes to conclude that only the
natural parents of Mark were entitled to receive the settlement
proceeds and granted the motions.   After further hearing, the court
held that Eddie Joy was entitled to be reimbursed from the net
proceeds distributed to Earthie for certain child support payments for
which he was in arrears.  Eddie Joy has appealed from the trial
court's decision.  Upon review of the record, we affirm for the
reasons hereinafter stated.

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

GODWIN AIRCRAFT, INC.
VS.
WAYNE WALKER

Court:TCA

Attorneys:  

ALAN E. GLENN
Memphis, Tennessee
Attorney for Appellant

MICHAEL RICHARDS
BAKER, DONELSON, BEARMAN & CALDWELL
Memphis, Tennessee
Attorney for Appellee                        

Judge:HIGHERS

First Paragraph:

Defendant/appellant appeals the judgment of the trial court finding
him 90% at fault for damages to plaintiff/appellee's airplane. 
Plaintiff/appellee raises an issue regarding the trial court's finding
that it was 10% at fault.  For reasons stated hereinafter, we reverse
the judgment of the trial court finding plaintiff/appellee to be 10%
at fault.

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

MARGARET SCHINDLER HAAS
VS.
MICHAEL LEE HAAS

Court:TCA

Attorneys:  

David E. Caywood and Marc E. Reisman of
Causey, Caywood, Taylor, McManus & Bailey of Memphis
For Appellant

Kathleen Day Norfleet of Memphis
For Appellee                        

Judge:CRAWFORD

First Paragraph:

This case, which is before us a second time, involves a petition to
reduce child support.  Appellant, Margaret Schindler Haas (Mother),
appeals the trial court's order reducing the amount of the monthly
child support obligation of appellee, Michael Lee Haas (Father).

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

CHARLES EDWARD HAYNES
VS.
ROBERT CONLEY, WARDEN and JIM BLANKENSHIP, HEALTH ADMINISTRATOR

Court:TCA

Attorneys: 

Charles E. Haynes, Pro Se

John Knox Walkup, Attorney General & Reporter 
Abigail Turner, Assistant Attorney General
For Defendants/Appellees.                         

Judge: FARMER

First Paragraph:

Charles Edward Haynes sued Robert Conley, warden, and Tim Blankenship,
health administrator, Ňpursuant to 42 U.S.C. ¤ 1983 and T.C.A. ¤
28-3-104.Ó  The trial court granted the DefendantsŐ motion to dismiss
the complaint pursuant to Rules 12.02(1) and (6) of the Tennessee
Rules of Civil Procedure for lack of jurisdiction and for failure to
state a claim upon which relief can be granted.  The Plaintiff appeals
from that order.

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

STATE OF TENNESSEE
VS.
LATOYA ANDERSON

Court:TCCA

Attorneys: 

FOR THE APPELLANT:
    
    MARVIN E. BALLIN
    MARK A. MESLER
    Ballin, Ballin & Fishman, P.C.
    200 Jefferson Avenue, Suite 1250
    Memphis, TN  38103-2328

FOR THE APPELLEE:
    
    JOHN KNOX WALKUP
    Attorney General and Reporter
    
    GEORGIA BLYTHE FELNER
    Assistant Attorney General
    Cordell Hull Building, 2nd Floor
    425 Fifth Avenue North
    Nashville, TN  37243-0493
    
    WILLIAM L. GIBBONS
    District Attorney General
    
    JANET L. SHIPMAN
    Assistant District Attorney General
    201 Poplar Avenue, Suite 301
    Memphis, TN  38103-1947

Judge:RILEY

First Paragraph:

The defendant, Latoya Anderson, pled guilty in the Shelby County
Criminal Court to one (1) count of simple robbery, a Class C felony,
and one (1) count of fraudulent use of a credit card, a Class E
felony.  The trial court imposed concurrent Range I sentences of three
(3) years for robbery and one (1) year for fraudulent use of a credit
card.  The trial court further denied probation.  In her sole issue on
appeal, defendant challenges the trial court's denial of probation. 
After a thorough review of the record, we affirm the denial of total
probation but modify the sentence to split confinement.

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

STATE OF TENNESSEE
VS.
CECELIA M. BEASLEY

Court:TCCA

Attorneys:

FOR THE APPELLANT:
    
    COMER L. DONNELL
    District Public Defender
    
    VIRGINIA TOWNZEN
    Assistant District Public Defender
    213 North Cumberland Street
    P. O. Box 888
    Lebanon, TN  37088-0888

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
    
    TOM P. THOMPSON, JR
    District Attorney General
    
    DAVID DURHAM
    Assistant District Attorney General
    111 Cherry Street
    Lebanon, TN  37087-3609
                         

Judge:RILEY

First Paragraph:

The defendant pled guilty in the Wilson County Criminal Court to three
(3) counts of selling cocaine over 0.5 grams and one (1) count of
possessing cocaine over 0.5 grams with intent to sell.  She agreed to
an effective ten-year sentence and submitted the amount of the fines
and the issue of community corrections to the trial court.  The trial
court imposed the minimum mandatory fines, refused to waive the fines
and denied community corrections.  After a thorough review of the
record, we affirm the amount of the fines but modify the remaining
portion of the sentences to community corrections.

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

STATE OF TENNESSEE
VS.
MELVIN KEITH BLACK

Court:TCCA

Attorneys:   

FOR THE APPELLANT:          FOR THE APPELLEE:

Collier W. Goodlett         John Knox Walkup
Assistant Public Defender   Attorney General & Reporter
109 South Second Street     425 Fifth Avenue, North
Clarksville, TN  37040      Nashville, TN  37243-0493

OF COUNSEL:                 Timothy F. Behan
                            Assistant Attorney General
Michael R. Jones            425 Fifth Avenue, North
District Public Defender    Nashville, TN  37243-0493
109 South Second Street
Clarksville, TN  37040      John W. Carney, Jr.
                            District Attorney General
                            204 Franklin Street, Suite 300
                            Clarksville, TN  37040-3420
    
                            William M. Cloud, Jr.
                            Assistant District Attorney General
                            204 Franklin Street, Suite 300
                            Clarksville, TN  37040-3420
                       

Judge:LAFFERTY

First Paragraph:

The appellant, Melvin Keith Black, appeals as of right from the trial
court's revocation of his probation sentence. The appellant contends
the record is insufficient, as a matter of law, to support a
revocation of probation.  Based on our review of the briefs and the
entire record in this cause, we conclude that this is an appropriate
case for affirmance under Rule 20, Tennessee Court of Criminal
Appeals.

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

MARIO BOWSER
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:
    
    MARIO BOWSER, Pro Se
    #269851
    Cold Creek Correctional Facility
    P.O. Box 1000
    Henning, TN  38041

FOR THE APPELLEE:
    
    JOHN KNOX WALKUP
    Attorney General and Reporter
    
    GEORGIA BLYTHE FELNER
    Assistant Attorney General
    Cordell Hull Building, 2nd Floor
    425 Fifth Avenue North
    Nashville, TN  37243-0493
    
    WILLIAM L. GIBBONS
    District Attorney General
    
    MICHAEL H. LEAVITT
    Assistant District Attorney General
    201 Poplar Avenue, Suite 301
    Memphis, TN  38103-1947                        

Judge:RILEY

First Paragraph:

The petitioner, Mario Bowser, appeals the order of the Shelby County
Criminal Court denying his "Motion For Post-Conviction Relief Filing
To Be Held In Abeyance."  On appeal, he claims that the trial court
abused its discretion in denying the requested relief and maintains
that counsel should be appointed with leave to file an amended
petition.  We hold that the trial court erred in not appointing
counsel to file an amended petition.

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

ROBERT BURNS
VS.
STATE OF TENNESSEE,

Court:TCCA

Attorneys:

FOR THE APPELLANT:
    
    SHARA ANN FLACY
    District Public Defender
    
    JOHN R. WINGO (At Hearing)
    Assistant Public Defender
    209 W. Madison Street
    P.O. Box 1208
    Pulaski, TN  38478-1208
    
    JOHN E. HERBISON (On Appeal)
    2016 Eighth Avenue S.
    Nashville, TN  37204-2202

FOR THE APPELLEE:
    
    JOHN KNOX WALKUP
    Attorney General and Reporter
    
    ELIZABETH B. MARNEY
    Assistant Attorney General
    Cordell Hull Building, 2nd Floor
    425 Fifth Avenue North
    Nashville, TN  37243-0493
    
    T. MICHAEL BOTTOMS
    District Attorney General
    
    JESSE DURHAM
    Assistant District Attorney General
    10 Public Square
    P.O. Box 1619
    Columbia, TN  38402-1619                         

Judge:Moore

First Paragraph:

The petitioner, Robert Burns, appeals the order of the Maury County
Circuit Court denying his petition for post-conviction relief. 
Petitioner is currently serving a sentence of fifty (50) years for one
(1) count of second degree murder.  Because the offense was committed
with a firearm, petitioner's sentence was enhanced five (5) years for
an effective sentence of fifty-five (55) years.  Petitioner filed the
present petition, claiming that he received ineffective assistance of
trial and appellate counsel.  On appeal, he argues that counsel was
ineffective by failing to: (1) listen to the audiotape of defendant's
preliminary hearing; (2) request a special jury charge on mutual
combat; (3) submit the sentencing hearing transcript as part of the
record on direct appeal; and (4) challenge the sufficiency of the
evidence on direct appeal regarding venue.  After a thorough review of
the record before this Court, we find no reversible error. 
Accordingly, the judgment of the trial court is affirmed.

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

ROY EARL COLLINS
VS.
STATE OF TENNESSEE,

Court:TCCA

Attorneys:  

For Appellant:              For Appellee:

Kimberly A. Parton          John Knox Walkup
Attorney                    Attorney General and Reporter
P.O. Box 116            
Knoxville, TN  37901-0116   Ellen H. Pollack 
                            Assistant Attorney General
                            Criminal Justice Division
                            425 Fifth Avenue North 
                            Nashville, TN  37243

                            Randall E.  Nichols
                            District Attorney General 
                            and
                            Robert L. Jolley, Jr. 
                            Assistant District Attorney General
                            City-County Building 
                            Knoxville, TN  37902                        

Judge:WADE

First Paragraph:

The petitioner, Roy Earl Collins, appeals the trial court's denial of
post-conviction relief.  The issues presented for review are as
follows: (1)  whether the petitioner was denied the effective
assistance of counsel; and (2)  whether the trial court properly
denied the petitioner's motion for expert services. We find no error
and affirm the judgment of the trial court.

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

STATE OF TENNESSEE
VS.
GREGORY COULSON

Court:TCCA

Attorneys: 

For the Appellant:          For the Appellee:

David E. High               John Knox Walkup
227 Second Avenue, North    Attorney General and Reporter
First Floor 
Nashville, TN  37201        Daryl J. Brand
                            Assistant Attorney General
                            Criminal Justice Division
                            425 Fifth Avenue North
                            Nashville, TN 37243-0493                
                            
                            Victor S. (Torry) Johnson III
                            District Attorney General

                            Mary Campbell
                            Asst. District Attorney General
                            Washington Square, Suite 500
                            222-2nd Avenue North
                            Nashville, TN  37201-1619
                         

Judge:HAYES

First Paragraph:

The appellant, Gregory Coulson, appeals as of right his conviction in
the Davidson County Criminal Court for the misdemeanor offense of
disorderly conduct.  Following a bench trial, the appellant was
sentenced to thirty days in jail, all of which was suspended, and was
assessed a fine of fifty dollars.  The appellant's sole issue on
appeal is whether a defendant who proceeds to trial upon a charge of
misdemeanor assault may be convicted of disorderly conduct.

For the reasons discussed below, the judgment of conviction is
reversed and dismissed.


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

JERRY WHITESIDE DICKERSON
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:    

For the Appellant:          For the Appellee:

Leslie M. Jeffress          John Knox Walkup        
1776 Riverview Tower        Attorney General of Tennessee
900 S. Gay Street                   and             
Knoxville, TN 37902         Ellen H. Pollack
                            Assistant Attorney General of Tennessee
                            425 Fifth Avenue North      
                            Nashville, TN 37243-0493

                            Randall E. Nichols
                            District Attorney General
                                and
                            Marsha Selecman
                            Assistant District Attorney General
                            City-County Building
                            Knoxville, TN 37902
                      

Judge:TIPTON

First Paragraph:

The petitioner, Jerry Whiteside Dickerson, appeals as of right from
the Knox County Criminal Court's order denying him post-conviction
relief from his 1992 convictions for first degree murder and
especially aggravated robbery for which he is presently serving an
effective sentence of life imprisonment.  He contends that the trial
court erred in holding that he received the effective assistance of
counsel.  We affirm the trial court.

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

STATE OF TENNESSEE
VS.
TAMMY MAE ELLIOTT

Court:TCCA                       

Judge:RILEY

First Paragraph:

On October 15, 1997, the defendant, Tammy Mae Elliott, pled guilty to
child abuse of a child under six (6) years of age, a Class D felony. 
On December 1, 1997, she was sentenced to two (2) years in the
Department of Correction.  She had been continuously incarcerated
since June 13, 1997, and remained incarcerated after sentencing. 
Pursuant to Tenn. Code Ann. S 40-35-501, defendant was issued a
certificate of probation from the Tennessee Department of Correction
effective January 14, 1998.

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

STATE OF TENNESSEE
VS.
BRIAN W. GAINES,

Court:TCCA

Attorneys:   
For Appellant:                  For Appellee:

Julie A. Martin                 John Knox Walkup
Attorney                        Attorney General & Reporter
P.O. Box 426 
Knoxville, TN  37901-0426       Ellen H. Pollack
(on appeal)                     Assistant Attorney General
                                425 Fifth Avenue North
Stacey D. Nordquist             Nashville, TN  37243-0493
Asst District Public Defender       
419 High Street                 Philip Morton
Maryville, TN  37804            Asst District Attorney General
(at trial)                      Blount County Courthouse
                                363 Court Street
                                Maryville, TN  37804                       

Judge:WADE

First Paragraph:

The defendant, Brian W. Gaines, was convicted of delivery of over 0.5
gram of cocaine, a Class B felony.  The trial court sentenced the
defendant, who qualified as a Range I offender, to nine years
imprisonment.  A fine of $100,000.00 was imposed.

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

STATE OF TENNESSEE
VS.
CORY LAMONT GENTRY

Court:TCCA

Attorneys:
For Appellant:              For Appellee:

C. Michael Robbins          John Knox Walkup
3074 East Street            Attorney General & Reporter
Memphis, TN  38128
(on appeal only)            Marvin E. Clements, Jr.
                            Assistant Attorney General
Joseph P. Atnip             425 Fifth Avenue North
District Public Offender    Cordell Hull Building, 2nd Floor
P.O. Box 734                Nashville, TN  37243-0493
Dresden, TN  38225  
                            Allen Strawbridge
                            Assistant District Attorney General
                            P.O. Box 218
                            Union City, TN  38261
                            
Judge:WADE

First Paragraph:

The defendant, Cory Lamont Gentry, was convicted of Class E felony
reckless endangerment and unlawful possession of a weapon.  The trial
judge imposed concurrent Range II, four-year sentences for each
conviction, to be served consecutively to prior unserved sentences.

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

STATE OF TENNESSEE
VS.
JEFFREY DAVID HAHN

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       425 Fifth Avenue, North
(On Appeal)                     Nashville, TN  37243-0493

Michael D. Randles              Georgia Blythe Felner
Assistant Public Defender       Assistant Attorney General
218 North Main                  425 Fifth Avenue, North
Shelbyville, TN  37160          Nashville, TN  37243-0493
(At Trial)
                                William M. McCown
OF COUNSEL:                     District Attorney General
John Harwell Dickey             215 East College
District Public Defender        Fayetteville, TN  37334-0878
105 South Main
Fayetteville, TN  37334         Weakley E. Barnard 
(At Trial)                      Assistant District Attorney General
                                Marshall County Courthouse
                                Lewisburg, TN  37091                 

Judge:LAFFERTY

First Paragraph:

The defendant, Jeffery David Hahn, appeals as of right from the manner
of service of sentence imposed by the Marshall County Circuit Court
for the offenses of forgery, passing worthless checks, and failure to
appear. As a result of a guilty plea, the defendant received a
sentence of eight (8) years, Range II, for the offense of forgery; a
sentence of two (2) years, Range II, for the offense of passing
worthless checks; and a sentence of two (2) years, Range II, for the
offense of failure to appear, all to run consecutively in the
Department of Correction. As part of the plea agreement, the defendant
requested placement in the community corrections program under Tenn.
Code Ann. S 40-36-106. After a sentencing hearing, the trial court
denied placement in the community corrections program. The defendant
complains the trial court erred by not properly considering the
defendant's eligibility for alternative sentencing in the community
corrections program.

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


STATE OF TENNESSEE
VS.
WILLIAM ALONZO HAMILTON

Court:TCCA

Attorneys: 
For Appellant:					For Appellee:

Jeffrey A. DeVasher				John Knox Walkup
Assistant Public Defender		Attorney General & Reporter
1202 Stahlman Building
Nashville, TN  37201			Janis L. Turner 
(on appeal)						Assistant Attorney General
								425 Fifth Avenue North
J. Michael Engle				Cordell Hull Building, Second Floor
Sr. Assistant Public Defender	Nashville, TN  37243-0493
1202 Stahlman Building				
Nashville, TN  37201			John Zimmermann
(at trial)						Assistant District Attorney General
								Washington Square, Suite 500
								222 Second Avenue North
								Nashville, TN  37201                         

Judge:WADE

First Paragraph:

The defendant, William Alonzo Hamilton, was convicted of delivery of
over 0.5 gram of cocaine and simple possession of cocaine.  The trial
court sentenced the defendant, who qualified as a Range I offender, to
ten years for delivery of cocaine and eleven months, twenty-nine days
at seventy-five percent for simple possession.  The sentences are to
be served concurrently.  A fine of $2,250.00 was imposed.

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

STATE OF TENNESSEE
VS.
MARK LOGAN

Court:TCCA

Attorneys: 

For Appellant:				For Appellee:

Stephen W. Pate				John Knox Walkup
Attorney 					Attorney General & Reporter
218 West Main Street 
Murfreesboro, TN  37130		Lisa A. Naylor 
							Assistant Attorney General
							425 Fifth Avenue North
							Cordell Hull Building, Second Floor
							Nashville, TN  37243-0493
				
							William C. Whitesell
							District Attorney General
							Third Floor Judicial Building
							Murfreesboro, TN  37130

							John W. Price 
							Assistant District Attorney General
							Rutherford County Judicial Building
							Murfreesboro, TN  37130                         

Judge:WADE

First Paragraph:

The defendant, Mark Logan, entered pleas of guilt to attempted
aggravated sexual battery.  The trial court imposed a Range I sentence
of three years.  In this appeal of right, the defendant claims the
trial court committed error by failing to grant probation.

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

TYRONE G. MEADE
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:		FOR THE APPELLEE:

RANDALL B. TOLLEY		JOHN KNOX WALKUP
242 Poplar Avenue		Attorney General and Reporter
Memphis, TN 38103
						DOUGLAS D. HIMES
						Assistant Attorney General
						425 5th Avenue North
						Nashville, TN 37243

						WILLIAM GIBBONS
						District Attorney General

						JOHN CAMPBELL
						Assistant District Attorney General
						Criminal Justice Complex, Suite 301
						201 Poplar Street
						Memphis, TN 38103                        

Judge:WELLES

First Paragraph:

The Defendant appeals the trial courtŐs denial of his petition for
post- conviction relief.  He was convicted by a jury verdict of two
counts of second degree murder.  He sought post-conviction relief
asserting that he received ineffective assistance of counsel at trial.
 Following an evidentiary hearing, the trial court denied relief and
we affirm.

URL:http://www.tba.org/tba_files/TCCA/meadetg_opn.WP6
Opinion-Flash
RONALD PARKER
VS.
FRED RANEY, WARDEN and STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:		FOR THE APPELLEE:

RONALD L. PARKER		JOHN KNOX WALKUP
Pro Se					Attorney General and Reporter
Route 1, Box 660
Tiptonville, TN 38079	MARVIN E. CLEMENTS, JR.
						Assistant Attorney General
						425 5th Avenue North
						Nashville, TN 37243

						C. PHILLIP BIVENS
						District Attorney General
						P.O. Drawer E
						Dyersburg, TN 38024                         

Judge:WELLES

First Paragraph:

The Defendant, Ronald L. Parker, 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 and the exhibits attached thereto, on May 1, 1995, he
pleaded guilty to and was convicted of three counts of burglary.  For
these convictions, he was sentenced to three concurrent eight-year
terms in the Department of Correction.  His petition for habeas corpus
relief alleged that his convictions and sentences are void because the
sentences were not ordered to be served consecutively to a prior
sentence as required by law.  The trial court summarily dismissed the
habeas corpus petition, finding that the judgments of conviction were
not void and that the DefendantŐs sentences had not expired.  We
affirm the judgment of the trial court.

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

BETSY JANE PENDERGRAST
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

For the Appellant:			For the Appellee:

Jim Wiseman and				John Knox Walkup
Sally Schneider				Attorney General and Reporter
131 North Church Street	
Murfreesboro, TN  37130		Elizabeth B. Marney
							Assistant Attorney General
							Criminal Justice Division
							425 Fifth Avenue North
							2d Floor, Cordell Hull Building
							Nashville, TN 37243-0493			 	
						
							William C. Whitesell, Jr.
							District Attorney General
							3rd Floor, Judicial Building
							Murfreesboro, TN  37130                        

Judge:HAYES

First Paragraph:

The appellant, Betsy Jane Pendergrast, appeals the dismissal of her
petition for post-conviction relief by the Rutherford County Circuit
Court.   Specifically, the appellant contends that her trial counsel
was ineffective for failing to provide the State notice of expert
testimony and for failing to make a complete offer of proof on the
excluded witnesses.

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

STATE OF TENNESSEE
VS.
TRACY LEE POARCH

Court:TCCA

Attorneys:  

FOR THE APPELLANT:				FOR THE APPELLEE:

Andrew Jackson Dearing, III		John Knox Walkup
Attorney at Law					Attorney General & Reporter 
117 South Main St, Ste 101
Shelbyville, TN 37160			Janis L. Turner
								Counsel for the State
								425 Fifth Avenue North
								Cordell Hull Building
								Nashville, TN 37243-0493
	
								W. Michael McCown
								District Attorney General

								Robert Crigler
								Asst District Attorney General
								One Public Square, Suite 100
								Shelbyville, TN 37160
                        

Judge:SUMMERS

First Paragraph:

In December 1996, Tracy Lee Poarch was indicted for operating a motor
vehicle after having been declared a habitual offender in violation of
Tennessee Code Annotated ¤ 55-10-616 (1993); driving under the
influence of an intoxicant (DUI), third offense in violation of
Tennessee Code Annotated ¤ 55-10-401 (Supp. 1996); and criminal
impersonation in violation of Tennessee Code Annotated ¤ 39-16-301
(1990).    The appellant entered a plea of guilty to the criminal
impersonation charge, and after a jury trial, he was convicted on the
two remaining charges.  The appellant was ordered to serve a sentence
of two years in the Tennessee Department of Correction for violation
of the habitual offender status, nine months in the county jail for
the driving under the influence of an intoxicant conviction, and six
months in the county jail for the criminal impersonation conviction,
to run concurrently.

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

CHAD DOUGLAS POOLE
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:		FOR THE APPELLEE:

CHAD DOUGLAS POOLE		JOHN KNOX WALKUP
Pro Se					Attorney General and Reporter
P.O. Box 1000
Henning, TN 38041-1000	DOUGLAS D. HIMES
						Assistant Attorney General
						425 5th Avenue North
						Nashville, TN 37243

						ELIZABETH RICE
						District Attorney General

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

Judge:WELLES

First Paragraph:

The Defendant appeals as of right from the trial courtŐs summary
dismissal of his pro se petition for post-conviction relief.  The
trial judge dismissed the petition without appointing counsel and
without conducting an evidentiary hearing.  We believe the Defendant
was entitled to an evidentiary hearing to give him the opportunity to
prove his allegations that he did not knowingly and voluntarily enter
his guilty plea and that he did not understand his right against
self-incrimination.  We therefore reverse the judgment of the trial
court and remand this case for further proceedings.

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

STATE OF TENNESSEE
VS.
TIMOTHY RATHERS

Court:TCCA

Attorneys:   

FOR THE APPELLANT:				FOR THE APPELLEE:

Charles E. Waldman				John Knox Walkup
147 Jefferson, Suite 1102		Attorney General & Reporter
Memphis, TN   38103			
(At Trial & On Appeal)			Peter M. Coughlan
								Assistant Attorney General
								425 Fifth Avenue North
								2nd Floor, Cordell Hull Building
								Nashville, TN   37243-0493
	
								William L. Gibbons
								District Attorney General
			
								Thomas Hoover
								Assistant District Attorney General
								201 Poplar Avenue, Third Floor
								Memphis, TN   38103                       

Judge:WEDEMEYER

First Paragraph:

The appellant was indicted on four counts of dealing with controlled
substances. Specifically, he was charged in one count each of
possession of cocaine with intent to deliver, possession of cocaine
with intent to sell, possession of marijuana with intent to deliver,
and possession of marijuana with intent to sell.  On July 16, 1997, a
jury convicted the defendant on the two possession with intent to
deliver counts.  In this appeal, his sole complaint is that the
evidence was insufficient to support these convictions.  Having
reviewed the evidence, we affirm the trial court.


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

STATE OF TENNESSEE
VS.
LARRY GENE UNDERHILL

Court:TCCA

Attorneys: 

FOR THE APPELLANT:
	
	JOHN H. HENDERSON
	District Public Defender
	
	ELAINE B. BEELER
	Asst. District Public Defender
	407-C Main Street
	P.O. Box 68
	Franklin, TN 37065-0068
	

FOR THE APPELLEE:
	
	JOHN KNOX WALKUP
	Attorney General and Reporter
	
	CLINTON J. MORGAN
	Assistant Attorney General
	Cordell Hull Building, 2nd Floor
	425 Fifth Avenue North
	Nashville, TN  37243-0493
	
	JOSEPH D. BAUGH, JR.
	District Attorney General
	
	RONALD L. DAVIS
	Assistant District Attorney General
	Williamson County Courthouse
	Suite G-6
	P.O. Box 937
	Franklin, TN 37065-0937                         

Judge:MOORE

First Paragraph:

The defendant, Larry Gene Underhill, appeals as of right his
convictions by a Hickman County jury for two (2) counts of aggravated
assault and one (1) count each of aggravated burglary and resisting
arrest.  Pursuant to a sentencing agreement, the defendant received an
effective sentence of ten (10) years.  On appeal, he contends the
evidence was insufficient to support his convictions, and that the
trial court erred by failing to exclude a prior conviction for
impeachment purposes.  The judgment of the trial court is AFFIRMED.

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

DONALD F. WALTON
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:			FOR THE APPELLEE:

Richard D. Piliponis		John Knox Walkup
209 Tenth Avenue, South		Attorney General & Reporter
Suite 511					425 Fifth Avenue, North
Nashville, TN  37203		Nashville, TN  37243-0493

							Daryl J. Brand
							Assistant Attorney General
							425 Fifth Avenue, North
							Nashville, TN  37243-0493
	
							Victor S. Johnson, III
							District Attorney General
							222 Second Avenue, North, Suite 500
							Nashville, TN  37201-1649
	
							Kymberly H. Haas
							Assistant District Attorney General
							222 Second Avenue, North, Suite 500
							Nashville, TN  37201-1649                         

Judge:LAFFERTY

First Paragraph:

On June 16, 1994, the petitioner, Donald F. Walton, pled guilty to
murder second degree and especially aggravated robbery. The petitioner
was sentenced to 25 years, Range I, for each offense. The sentences
were to run consecutively for a total of 50 years. In November, 1994,
petitioner filed a pro se petition for post-conviction relief. 
Counsel was appointed. An amended petition was filed alleging
petitionerŐs attorney had told him he could make parole after serving
approximately seven and one-half years in confinement, thus
constituting ineffective assistance of counsel. After a hearing on the
petition on October 4, 1995, the Davidson County Criminal Court denied
the petition. This denial was appealed to this Court. On January 30,
1997, this Court reversed the trial court and remanded to the trial
court to determine whether the petitioner had sufficiently satisfied
the first prong requirement under Strickland v. Washington, 466 U.S.
668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).  After such review, the
trial court, again, denied the petition. The sole issue for our review
is whether the evidence preponderates against the findings of the
trial court. We affirm the hearing court.

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

JULIUS S. WATLER
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:					For the Appellee:
	
Julius S. Watler, Pro Se			John Knox Walkup
Special Needs Facility				Attorney General and Reporter
7575 Cockrill Bend Industrial Rd.	
Nashville, TN  37209-1057			Elizabeth B. Marney
									Assistant Attorney General
									Criminal Justice Division
									450 James Robertson Parkway
									Nashville, TN 37243-0493		                         
	
Judge:HAYES

First Paragraph:


The appellant, Julius S. Watler, appeals the Davidson County Criminal
CourtŐs summary dismissal of his application for writ of habeas
corpus.  Upon review, we conclude that affirmance of the lower courtŐs
decision is proper.

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

STATE OF TENNESSEE
VS.
ERIC D. WOODARD,

Court:TCCA

Attorneys:   

FOR THE APPELLANT:		FOR THE APPELLEE:

RANDALL P. SALKY		JOHN KNOX WALKUP
266 South Front St		Attorney General & Reporter
Memphis, TN 38103
						PETER M. COUGHLAN
						Assistant Attorney General
						425 Fifth Avenue North
						2d Floor, Cordell Hull Building
						Nashville, TN 37243-0493

						JERRY KITCHEN
						Assistant Dist. Attorney General
						201 Poplar Avenue, Third Floor
						Memphis, TN 38103                       

Judge:WITT

First Paragraph:

The defendant, Eric D. Woodard, appeals the decision of the Shelby
County Criminal Court to deny probation of his plea-bargained one-year
sentence.  The trial court imposed the sentence, along with a $2,000
fine, in consequence of the defendantŐs guilty plea to the Class E
felony of possessing marijuana with intent to sell or deliver.  We
have reviewed the record on appeal, including the briefs of the
parties, the transcript of the sentencing hearing, and the presentence
report, and we affirm the denial of probation pursuant to Rule 20 of
the rules of this court.

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


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