TBALink Opinion-Flash

November 2, 1998 -- Volume 4 -- Number #158

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 Opinion(s) from the Tennessee Supreme Court
00-New Opinion(s) from the Tennessee Supreme Court Workers Comp Panel
00-New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00-New Opinion(s) from the Tennessee Court of Appeals
07-New Opinion(s) from the Tennessee Court of Criminal Appeals
00-New Judicial Ethics Opinion(s)
00-New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Lucian T. Pera
Editor-in-Chief, TBALink



STATE OF TENNESSEE
VS.
SHIRLEY DOUBLE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:      FOR THE APPELLEE:

JOHN C. HEATH           JOHN KNOX WALKUP
P. O. Box 737           Attorney General and Reporter
Livingston, TN  38570
                        CLINTON J. MORGAN
                        Assistant Attorney General
                        425 Fifth Avenue North
                        Nashville, TN  37243

                        BILL GIBSON
                        District Attorney General

                        OWEN G. BURNETT
                        Assistant District Attorney
                        P. O. Box 706
                        Livingston, TN  38570                        

Judge:SMITH

First Paragraph:

Appellant Shirley Double was convicted by a jury on June 19, 1996 in
the Overton County Criminal Court of aggravated burglary, theft over
$1,000.00, conspiracy to commit aggravated burglary, and conspiracy to
commit theft over $1,000.00.  The four judgments were entered on
October 1, 1996.  As a Range I standard offender, Appellant received
the following concurrent sentences and fines.  (1) For the aggravated
burglary conviction, Appellant was sentenced to six years
incarceration with the Tennessee Department of Correction, received a
$1,500.00 fine, and was ordered to pay $2,000.00 restitution to Mr.
Gerald Windle, the victim.  (2) On the conviction for theft over
$1,000.00, the trial court sentenced Appellant to four years
imprisonment and assessed a $250.00 fine.  (3) For conspiracy to
commit aggravated burglary, Appellant was sentenced to four years
incarceration and fined $500.00.  (4) On the conviction for conspiracy
to commit theft over $1,000.00, the trial court sentenced Appellant to
two years incarceration and imposed a $250.00 fine.  Appellant
presents the following issues for our consideration on this direct
appeal:  (1) whether the trial court erred in denying Appellant's
motion for judgment of acquittal as to conspiracy to commit aggravated
burglary and conspiracy to commit theft over $1,000.00; and (2)
whether the evidence was insufficient to sustain Appellant's
conviction for aggravated burglary.

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

STATE OF TENNESSEE
VS.
WILLIAM JOEL HAITHCOTE, II

Court:TCCA

Attorneys:   

FOR THE APPELLANT:          FOR THE APPELLEE:

John H. Norton, III         John Knox Walkup
Norton & Smith              Attorney General & Reporter 
One on the Square
Shelbyville, TN 37160       Timothy Behan
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243-0493

                            William Michael McCown
                            District Attorney General

                            Robert G. Crigler
                            Assistant District Attorney General
                            One Public Square, Suite 101
                            Shelbyville, TN 37160                       

Judge:SUMMERS

First Paragraph:

In August 1996, William Joel Haithcote II, was indicted for possession
of cocaine with intent to sell, the manufacture of "crack" cocaine,
possession of marijuana, and possession of drug paraphernalia.  The
trial court denied the appellant's motion to suppress evidence seized
from his home pursuant to a search warrant.  The appellant pled guilty
to possession of cocaine with intent to sell; the state dismissed the
other charges.  Pursuant to Tennessee Rule of Criminal Procedure
37(b)(2)(I), the appellant certified the question of the validity of
the search warrant to this Court.  The appellant states the issue for
our review as follows: whether the affidavit submitted in support of
the search warrant demonstrates that Officer Wilkerson had a
reasonable basis for believing that crack cocaine was being prepared
in the appellant's kitchen.  The judgment of the trial court is
affirmed.

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

STATE OF TENNESSEE
VS.
FRANK WAYNE HILL

Court:TCCA

Attorneys:  

FOR THE APPELLANT:              FOR THE APPELLEE:
    

GREGORY D. SMITH                JOHN KNOX WALKUP
One Public Square, Suite 321    Attorney General & Reporter
Clarksville, TN 37040   
    (On Appeal)                 DARYL J. BRAND  
                                Asst. Attorney General
STACY A. TURNER                 425 Fifth Ave., North
105 South Third St.             Nashville, TN  37243
Clarksville, TN  37040                          
    (At Trial)                  JOHN W. CARNEY
                                District Attorney General
                
                                DANIEL BROLLIER
                                Asst. District Attorney General
                                204 Franklin St., Suite 200
                                Clarksville, TN  37040                        

Judge:PEAY

First Paragraph:

The Montgomery County grand jury indicted the defendant on one count
of aggravated robbery.  On September 18, 1996, a jury found the
defendant guilty of the charged offense.  On October 18, 1996, the
trial court sentenced the defendant, as a Range I standard offender,
to a term of eight years, to be served in the community corrections
program.  The court ordered this sentence to be served consecutively
to a four year sentence of incarceration on a prior robbery
conviction.

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

JESSIE LAFRANTZ JACKSON
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:    

FOR THE APPELLANT:              FOR THE APPELLEE:

JESSIE LAFRANTZ JACKSON, pro se JOHN KNOX WALKUP 
Special Needs Facility          Attorney General & Reporter
7575 Cockrill Bend 
Industrial Road                 LISA A. NAYLOR 
Nashville, TN  37243-0469       Assistant Attorney General
                                2nd Floor, Cordell Hull Building
                                425 Fifth Avenue North 
                                Nashville, TN  37243

                                VICTOR S. JOHNSON, III
                                District Attorney General

                                NICK BAILEY 
                                Asst District Attorney General
                                Washington Square   
                                222 Second Avenue North, Suite 500
                                Nashville, TN  37201-1649                      

Judge:WOODALL

First Paragraph:

The Petitioner, Jessie LaFrantz Jackson, appeals the order of the
Davidson County Criminal Court dismissing his pro se petition for
post-conviction relief.  In this appeal, Petitioner raises the
following three issues: (1) whether the State obtained the first
degree murder conviction through the perjured testimony of the key
eyewitness; (2) whether the State failed to produce certain
exculpatory information; and (3) whether his post-conviction counsel
was ineffective for failing to offer impeachment and exculpatory
evidence at the first post-conviction hearing.  We affirm the trial
court's denial of post-conviction relief.

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

STATE OF TENNESSEE
VS.
JIMMY LEGG

Court:TCCA

Attorneys: 

FOR THE APPELLANT:
    
    RAYMOND W. FRALEY, JR.
    JOHNNY D. HILL, JR.
    205 East Market Street
    P. O. Box 572
    Fayetteville, TN  37334-0572

FOR THE APPELLEE:
    
    JOHN KNOX WALKUP
    Attorney General and Reporter
    
    LISA A. NAYLOR
    Assistant Attorney General
    Cordell Hull Building, 2nd Floor
    425 Fifth Avenue North
    Nashville, TN  37243-0493
    
    T. MICHAEL BOTTOMS
    District Attorney General
    
    ROBERT C. SANDERS
    Assistant District Attorney General
    10 Public Square
    P. O. Box 1619
    Columbia, TN 38402-1619                         

Judge:RILEY

First Paragraph:

The defendant, Jimmy Legg, was convicted by a Giles County jury of
aggravated kidnapping and sentenced by the trial court to a term of
eight (8) years in the Department of Correction.  On appeal, he raises
the following issues for our review:

1.  whether the evidence was sufficient to support  the verdict;

2.  whether prosecutorial misconduct deprived him of a fair trial;

3.  whether the trial court erred in disallowing  defense counsel to
question the alleged victim as to bias;

4.  whether the trial court erred in permitting the  introduction of
certain medical records;

5.  whether the trial court erred by instructing the  jury to
disregard a portion of defense counsel's final argument; and

6.  whether the trial court erred in failing to charge  aggravated
assault and simple assault as lesser included offenses.

After a careful review of the record, we reduce the conviction to
false imprisonment.

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

STATE OF TENNESSEE
VS.
TROY L. NOLE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:
    

B. F. "JACK" LOWERY         JOHN KNOX WALKUP
Public Square,Lowery Bldg.  Attorney General & Reporter
Lebanon, TN  37087
                            KAREN M. YACUZZO
                            Asst. Attorney General
                            425 Fifth Ave., North
                            2nd Floor, Cordell Hull Bldg.
                            Nashville, TN  37243-0493
                            
                            TOM P. THOMPSON
                            District Attorney General
                    
                            JOHN WOOTTEN
                            Asst. District Attorney General
                            203 Greentop St., P.O. Box 178
                            Hartsville, TN  37074-0178                         

Judge:PEAY

First Paragraph:

The defendant, Troy Noles, was convicted by a Macon County jury of
five counts of assault, one count of possession of drug paraphernalia,
and possession of alcohol while under the age of twenty-one.   The
trial court sentenced him to five consecutive sentences of eleven
months twenty-nine days as a Range I offender for assaults, eleven
months twenty-nine days for possession of drug paraphernalia, and five
days for possession of alcohol.  The trial court ordered the sentences
for possession of drug paraphernalia and alcohol to be served
concurrently with the sentences for assault.

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

STATE OF TENNESSEE
VS.
MARK C. WEATHERLY

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:


JOHN H. HENDERSON           JOHN KNOX WALKUP
Public Defender             Attorney General & Reporter
    -and-
VANESSA P. BRYAN            LISA A. NAYLOR
Asst. Public Defender       Asst. Attorney General
P.O. Box 68                 John Sevier Bldg.
Franklin, TN  37065-0068    425 Fifth Ave., North
                            Nashville, TN  37243-0493
        
                            JOE D. BAUGH
                            District Attorney General

                            DONALD W. SCHWENDIMANN
                            Asst. District Attorney General
                            481 East Main St.
                            Hohenwald, TN  38462                         

Judge:PEAY

First Paragraph:

Following a jury trial, the defendant was convicted of first-degree
murder and theft of property worth five hundred dollars ($500) or
less.  The trial court sentenced the defendant to life in prison on
the murder charge and eleven months and twenty-nine days in county
jail for the theft conviction, to run consecutively to the life
sentence.  The defendant now appeals, arguing that the trial court
erred in denying his request for a special jury instruction on
circumstantial evidence; that the evidence is insufficient to support
convictions for first-degree murder and theft; and that the trial
court erred in ordering his sentences to run consecutively.  We affirm
the defendant's convictions and sentence.

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


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