TBALink Opinion-Flash

November 18, 1998 -- Volume 4 -- Number 169

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
01-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.
JERRY LYNN SEATON

Court:TCCA

Attorneys:   

For the Appellant:              For the Appellee:

Steven E. Marshall              John Knox Walkup        
124 Court Avenue, Suite 201     Attorney General of Tennessee
Sevierville, TN 37862               and             
                                Michael J. Fahey, II
                                Asst Attorney General of Tennessee
                                425 Fifth Avenue North      
                                Nashville, TN 37243-0493

                                Alfred C. Schmutzer, Jr.
                                District Attorney General
                                    and
                                Charles E. Atchley
                                Assistant District Attorney General
                                301 Sevier County Courthouse
                                Sevierville, TN 37862                       

Judge:TIPTON

First Paragraph:

The defendant, Jerry Lynn Seaton, was convicted upon his plea of
guilty in the Sevier County Criminal Court to possession of marijuana
with the intent to sell, a Class E felony.  He was sentenced as a
Range II, multiple offender to two years confinement in the custody of
the Department of Correction and was fined two thousand dollars.  He
appeals as of right upon a certified question of law that is
dispositive of this case.  See T.R.A.P. 3(b); Tenn. R. Crim. P. 37(b).
 He contends that the trial court erred by denying his motion to
suppress the marijuana seized from his truck on the grounds that the
warrantless search of his truck violated his rights under the Fourth
Amendment to the United States Constitution.  We conclude that the
defendant's rights were not violated.

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


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