September 9, 1999
Volume 5 -- Number 123

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
00 New Opinion(s) from the Tennessee Court of Appeals
06 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.
KYLE ROBERT BALL

Court:TCCA

Attorneys:   

For Appellant:                  For Appellee:

Julie A. Rice, Attorney         Paul G. Summers 
P.O. Box 426                    Attorney General and Reporter
Knoxville, TN  37901-0426   
(on appeal)                     Marvin S. Blair, Jr.        
                                Assistant Attorney General
Richard A. Tate                 Criminal Justice Division
Assistant Public Defender       425 Fifth Avenue North 
Second Judicial District        Nashville, TN  37243-0493
P.O. Box 889
Blountville, TN  37617          Barry P. Staubus 
(at trial)                      Assistant District Attorney General
                                P.O. Box 526
                                Blountville, TN  37617                       

Judge: WADE

First Paragraph:

The defendant, Robert Kyle Ball, was convicted of aggravated burglary
and one count of theft under $500.00.  The trial court imposed a Range
II sentence of ten years on the aggravated burglary and eleven months
and twenty-nine days for the misdemeanor theft.  Fines imposed totaled
$2,000.00.  The sentences are to be served consecutively to each other
and consecutive to a prior sentence for which parole had been revoked.


http://www.tba.org/tba_files/TCCA/Ballkr_opn.WP6



MICHAEL TODD DRINNON VS. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: W. Douglas Collins, Attorney Paul G. Summers Evans & Beier, LLP Attorney General and Reporter P.O. Box 1754 Morristown, TN 37816 Marvin S. Blair, Jr. Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243 John Dugger and Victor Vaughn Assistant District Attorneys General 419 Allison Street Morristown, TN 37814 Judge: WADE First Paragraph: The petitioner, Michael Todd Drinnon, appeals the trial court's denial of his petition for post-conviction relief. In this appeal of right, the single issue presented for our review is whether the petitioner was denied the effective assistance of counsel at trial. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Drinonmt_opn.WP6
STATE OF TENNESSEE VS. LILLIE RUSSELL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JAMES W. GREENLEE PAUL G. SUMMERS 118 Bruce Street Attorney General and Reporter Sevierville, TN 37862 MARVIN S. BLAIR, JR. Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 AL SCHMUTZER, JR. District Attorney General STEVE HAWKINS Assistant District Attorney General Courthouse Sevierville, TN 37862 Judge: WELLES First Paragraph: The Defendant was tried before a Sevier county jury and convicted of two counts of cruelty to animals. Her convictions grew out of the poisoning deaths of two of her neighbor's dogs. For these Class A misdemeanor convictions, she was sentenced to concurrent terms of eleven months and twenty-nine days, with all but twenty days suspended. The Defendant appeals her convictions and her sentences. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Russelli_opn.WP6
LUCIEN SHERROD VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Gregory D. Smith Paul G. Summers One Public Square, Suite 321 Attorney General of Tennessee Clarksville, Tn 37040 and Lucian D. Geise Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 Victor S. Johnson, III District Attorney General and Jon Seaborg Assistant District Attorney General Washington Square, Suite 500 222 2nd Avenue North Nashville, TN 37201-1649 Judge: TIPTON First Paragraph: The petitioner, Lucien Sherrod, appeals as of right from the Davidson County Criminal Court's order denying him post-conviction relief from his 1994 conviction for first degree murder and the resulting sentence of life in prison without the possibility of parole. The trial court granted the petitioner a delayed appeal of this court's affirmance of his conviction. See State v. Lucien Samuel Sherrod, 01C01-9505- CR-00157, Davidson County (Tenn. Crim. App. Jan. 30, 1997). The petitioner contends (1) that he received the ineffective assistance of counsel and (2) that we should vacate and reinstate this court's judgment in the direct appeal in order that he may seek review by the Tennessee Supreme Court. We affirm the trial court. http://www.tba.org/tba_files/TCCA/sherrodl_opn.WP6
MARISE E. SMITH VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: WESLEY MACNEIL OLIVER JOHN KNOX WALKUP Edwards, Simmons & Oliver Attorney General and Reporter 1501 Sixteenth Avenue South Nashville, TN 37212 KIM R. HELPER Assistant Attorney General JENNIFER L. SMITH 425 Fifth Avenue North Counsel for Appellant Nashville, TN 37243-0493 222 Second Avenue North Suite 360, Mezzanine VICTOR S. JOHNSON Nashville, TN 37201 District Attorney General MARY HAUSMAN Assistant District Attorney Washington Square, Ste. 500 Nashville, TN 37201-1649 Judge: SMITH First Paragraph: The petitioner, Marise E. Smith, appeals the order of the Davidson County Criminal Court denying his petition for post-conviction relief. The petitioner was convicted in 1993 of one (1) count of aggravated burglary, two (2) counts of attempted rape, one (1) count of aggravated rape and one (1) count of harassment. He received an effective sentence of thirty-nine (39) years, eleven (11) months and twenty-nine (29) days for the offenses. In 1996, the petitioner filed the present petition alleging numerous constitutional issues. After an evidentiary hearing, the trial court denied the petition. http://www.tba.org/tba_files/TCCA/Smithmar_opn.WP6
STATE OF TENNESSEE VS. MICHAEL LEBRON TAYLOR Court:TCCA Attorneys: FOR THE APPELLANT: JOHN ALLEN BROOKS 736 Georgia Ave. Suite 600 Chattanooga, TN 37402 FOR THE APPELLEE: PAUL G. SUMMERS Attorney General and Reporter TODD R. KELLEY Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM H. COX III District Attorney General C. LELAND DAVIS CALDWELL H. HUCKABAY Asst. District Attorneys General 600 Market Street, Ste. 300 Chattanooga, TN 37402 Judge: RILEY First Paragraph: The defendant, Michael Lebron Taylor, was convicted by a Hamilton County jury of first degree murder, carjacking, and two counts of attempted especially aggravated robbery. The trial court sentenced him as a Range I standard offender to life imprisonment for the murder; ten consecutive years on the carjacking; ten consecutive years on one count of attempted especially aggravated robbery; and ten concurrent years on the other count of attempted especially aggravated robbery, for an effective sentence of life plus twenty years. http://www.tba.org/tba_files/TCCA/Taylorml_opn.WP6

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