February 9, 1999
Volume 5 -- Number 019

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink 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' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
03 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

		
		
GORDON CARROLL and ORA HALL
VS.
JOHN W. BELCHER and FRANKIE BELCHER

Court:TCA

Attorneys:  

Alan Poindexter; Rochelle, McCullough & Aulds of Lebanon
For Appellees

Michael R. Jennings of Lebanon
For Appellants                        

Judge:CRAWFORD

First Paragraph:

This appeal involves an easement for ingress and egress.  The
defendants, John and Frankie Belcher (Belcher), appeal the decision of
the trial court granting the plaintiffs, Gordon Carroll (Carroll) and
Ora Hall (Hall), the right to widen an easement running over their
property.

http://www.tba.org/tba_files/TCA/Carrollg_opn.WP6



PAMELA L. SCHENK VS. RAYMOND D. LANE Court:TCA Attorneys: Keene W. Bartley, SCHULMAN, LeROY & BENNETT, P.C., Nashville, Tennessee Attorney for Defendant/Appellant. Michael R. Jennings, Lebanon, Tennessee Attorney for Plaintiff/Appellee. Judge:FARMER First Paragraph: Defendant Raymond D. Lane appeals a jury verdict awarding $297,000.00 to Plaintiff Pamela L. Schenk for injuries sustained as a result of an automobile accident occurring between Lane and Schenk. For the reasons set forth below, we affirm in all respects. http://www.tba.org/tba_files/TCA/Schenkpl_opn.WP6
DANIEL B. TAYLOR VS. STATE OF TENNESSEE, JOHN DOE, STATE COORDINATOR OF ELECTIONS, MS. BOBBIE WHITE, SHELBY COUNTY REGISTRAR OF VOTERS; and CHARLES W. BURSON, ATTORNEY GENERAL Court:TCA Attorneys: DANIEL B. TAYLOR #102957 Northwest Correctional Center Route 2, Box 660 Tiptonville, Tennessee 38079 Pro Se/Plaintiff/Appellant JOHN KNOX WALKUP Attorney General & Reporter KEVIN STEILING Senior Counsel 425 Fifth Avenue, North Nashville, Tennessee 37243-0490 Judge:CANTRELL First Paragraph: The only question presented in this complaint is whether a law making all felonies infamous crimes can, upon conviction, be applied to crimes committed before the date of the act. The Chancery Court of Davidson County dismissed the plaintiff's request for a declaratory judgment. We affirm. http://www.tba.org/tba_files/TCA/Taylordb_opn.WP6
STATE OF TENNESSEE VS. FREDDIE RAY GUYE Court:TCCA Attorneys: MICHAEL R. JONES JOHN KNOX WALKUP District Public Defender Attorney General & Reporter 110 Sixth Ave., West Springfield, TN 37172 TIMOTHY BEHAN Asst. Attorney General Cordell Hull Bldg., 2nd Fl. 425 Fifth Ave., North Nashville, TN 37243-0493 JOHN W. CARNEY District Attorney General DENT MORRISS Asst. District Attorney General Main St. Springfield, TN 37172 Judge:PEAY First Paragraph: The defendant was found guilty in a bench trial of driving under the influence (second offense) and driving on a revoked license. The trial court sentenced the defendant to serve sixty days of an eleven month, twenty-nine day sentence for driving under the influence. The defendant was also sentenced to sixty days to be served concurrently for driving on a revoked license. The defendant now appeals and argues that the trial court erred in ruling that the roadblock set up by White House police officers was constitutional. After a review of the record and applicable law, we find no merit to the defendant's contention and thus affirm the judgment of the lower court. http://www.tba.org/tba_files/TCCA/Guyefr_opn.WP6
STATE OF TENNESSEE VS. DARYL HOOPER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL J. FLANAGAN JOHN KNOX WALKUP DALE M. QUILLEN Attorney General and Reporter 95 White Bridge Rd. #208 Nashville, TN 37205 TIMOTHY BEHAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 DAN ALSOBROOKS District Attorney General GEORGE T. SEXTON District Attorney General Humphreys County Courthouse Waverly, TN 37085 Judge:SMITH First Paragraph: On June 4, 1997, a Humphreys County jury convicted Appellant Daryl Hooper of possession of more than ten pounds of marijuana for resale and possession of drug paraphernalia. After a sentencing hearing on July 22, 1997, the trial court imposed concurrent sentences of four years for the marijuana conviction and eleven months and twenty-nine days for the paraphernalia conviction. http://www.tba.org/tba_files/TCCA/Hooperda_opn.WP6
DENVER JOE McMATH, SR. VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Barton C. Solomon John Knox Walkup 100 E. Tenth St, Ste 401 Attorney General of Tennessee Chattanooga, TN 37402 and Todd R. Kelley Assistant Attorney General of Tennessee 450 James Robertson Parkway Nashville, TN 37243-0493 William H. Cox, III District Attorney General 600 Market Street Chattanooga, TN 37402 Judge:TIPTON First Paragraph: The petitioner appeals from the order of the Hamilton County Criminal Court dismissing his "Petition for Post-Conviction Relief or in the Alternative Motion to Reopen Post-Conviction Petition." He contends that his 1975 conviction for third degree burglary and resulting life sentence as an habitual criminal are void because the indictment fails to allege the requisite mens rea that he acted either "intentionally, knowingly or recklessly." We affirm the dismissal. http://www.tba.org/tba_files/TCCA/Mcmathdj_opn.WP6
STATE OF TENNESSEE VS. FARRIS GENNER MORRIS, JR. Court:TCCA Attorneys: For the Appellant: For the Appellee: George Morton Googe John Knox Walkup District Public Defender Attorney General and Reporter 227 W. Baltimore Jackson, TN 38301 Michael E. Moore Solicitor General Daniel J. Taylor Asst. Public Defender Elizabeth T. Ryan Assistant Attorney General Jesse H. Ford, III Criminal Justice Division Attorney at Law 425 Fifth Avenue North 618 N. Highland 2d Floor, Cordell Hull Building Jackson, TN 38301 Nashville, TN 37243-0493 James G. (Jerry) Woodall District Attorney General Al Earls Asst. District Attorney General P. O. Box 2825 Jackson, TN 38302 Judge:HAYES First Paragraph: The appellant, in this capital case, Farris Genner Morris, Jr., was convicted by a Madison County jury of two counts of first degree murder in the deaths of Erica Hurd and Charles Ragland and the aggravated rape of Angela Ragland. At the sentencing hearing for the premeditated murder convictions, the jury sentenced the appellant to death by electrocution for the death of fifteen year old Erica Hurd and to life without the possibility of parole for the death of Charles Ragland. In fixing the appellant's punishment at death for the murder of Erica Hurd, the jury found two aggravating circumstances: (1) the murder was especially heinous, atrocious, or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death and (2) the murder was committed while the appellant was engaged in committing "first degree murder, rape, burglary or kidnapping." Tenn. Code Ann. S 39-13-204(i)(5) and (7) (1991). At a separate sentencing hearing, the trial court imposed a sentence of twenty-five years for the aggravated rape conviction and ordered the appellant to serve this sentence consecutive to his sentence of life without the possibility of parole. The court further ordered that these sentences run concurrent with the appellant's sentence of death by electrocution. http://www.tba.org/tba_files/TCCA/morrisfg_opn.WP6
STATE OF TENNESSEE VS. ROY D. NELSON, JR. Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DONALD E. SPURRELL JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter 128 E. Market St. Johnson City, TN 37604 ELIZABETH B. MARNEY Assistant Attorney General 425 Fifth Ave. N., 2d Floor Nashville, TN 37243-0493 DAVID CROCKETT District Attorney General JOE C. CRUMLEY Asst. District Attorney General P.O. Box 38 Jonesborough, TN 37659 Judge:WITT First Paragraph: The defendant, Roy D. Nelson, stands convicted of burglary, aggravated burglary, aggravated arson and possession of marijuana as a result of his efforts to blow up his ex-wife's home. Nelson received his convictions at the conclusion of a jury trial in the Washington County Criminal Court. A Range III offender, Nelson is presently serving an effective 62-year sentence in the Department of Correction for his crimes. In this direct appeal, Nelson claims he was improperly convicted of aggravated arson because he, rather than another person, suffered the serious bodily injury relied upon to elevate the offense from arson to aggravated arson. Having reviewed the appellate record, the arguments of the parties and the applicable law, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Nelsonrd_opn.WP6
STATE OF TENNESSEE VS. WILEY ANTHONY TIPTON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GREGORY D. SMITH JOHN KNOX WALKUP Contract Appellate Defender Attorney General & Reporter One Public Square, Suite 321 Clarksville, TN 37040 DARYL J. BRAND (On Appeal) Asst. Attorney General Cordell Hull Bldg., 2nd Fl. DONNA HARGROVE 425 Fifth Ave. North District Public Defender Nashville, TN 37243 MICHAEL D. RANDLES MIKE MCCOWN Asst. District Public Defender District Attorney General P.O. Box 1119 Fayetteville, TN 37334 WEAKLEY E. BARNARD (At Trial & On Appeal) Asst. District Attorney General Marshall County Courthouse Lewisburg, TN 37091 Judge:PEAY First Paragraph: The defendant was found guilty by a jury of passing a worthless check in violation of T.C.A. S 39-14-121. The trial court sentenced the defendant as a Range I standard offender to two and one-half years in the Tennessee Department of Correction with all but sixty days suspended and four years probation. The defendant filed a motion for a new trial, which was denied by the trial court. The defendant now appeals and argues that the evidence was insufficient to sustain his conviction and that his sentence is excessive. http://www.tba.org/tba_files/TCCA/Tiptonwa_opn.WP6
COY D. WILLIAMS VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Steve Merritt John Knox Walkup 116 East Harper Avenue Attorney General & Reporter Maryville, TN 37804 425 Fifth Avenue, North Nashville, TN 37243-0493 Elizabeth B. Marney Assistant Attorney General 425 Fifth Avenue, North Nashville, TN 37243-0493 Michael L. Flynn District Attorney General 363 Court Street Maryville, TN 37804-5906 Edward P. Bailey, Jr. Assistant District Attorney General 363 Court Street Maryville, TN 37804-5906 Judge:LAFFERTY First Paragraph: The appellant, Coy D. Williams, referred herein as "petitioner," appeals as of right from the trial court's dismissal of his petition for post-conviction relief. Petitioner entered guilty pleas in 1992 to murder first degree, aggravated burglary, and theft under $500. Pursuant to a plea agreement, petitioner received a life sentence for the murder conviction and concurrent sentences of ten years and eleven months, twenty-nine days for the burglary and theft convictions. The petitioner filed for post-conviction relief, alleging his guilty pleas were not knowingly and voluntarily made and that he received ineffective assistance of counsel. Following an evidentiary hearing, the trial court denied relief. After a review of the record, we AFFIRM the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/Willamsc_opn.WP6

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