November 17, 1999
Volume 5 -- Number 158

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
05 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

						
RONALD SCOTT ANDERSON
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

For the Appellant:          For the Appellee:

H. Randolph Fallin          Paul G. Summers
303 West Main Street        Attorney General of Tennessee
Mountain City, TN 37683         and
                            Michael J. Fahey, II    
                            Assistant Attorney General of Tennessee
                            425 Fifth Avenue North  
                            Nashville, TN 37243
    
                            H. Greeley Wells, Jr.
                            District Attorney General
                                and
                            Barry P. Staubus
                            Assistant District Attorney General
                            Post Office Box 526
                            Blountville, TN 37617-0526                        

Judge: TIPTON

First Paragraph:

The petitioner, Ronald Scott Anderson, appeals as of right from the
Sullivan County Criminal Court's dismissal of his post-conviction
petition.  The petitioner was convicted in 1990 of first degree
murder, and this court affirmed the conviction on direct appeal. 
State v. Anderson, 835 S.W.2d 600 (Tenn. Ct. Crim. App. 1992).  The
petitioner contends that the trial court incorrectly concluded that
the issue of ineffective assistance of counsel had been previously
determined.  We affirm the trial court's dismissal of the petition
pursuant to Rule 20, Tennessee Court of Criminal Appeals Rules.

http://www.tba.org/tba_files/TCCA/ANDERS1.wpd



STATE OF TENNESSEE VS. J. D. EDWARD EALEY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: D. CLIFTON BARNES PAUL G. SUMMERS Assistant Public Defender Attorney General & Reporter 1609 College Park Drive, Box 11 Morristown, TN 37813-1618 CLINTON J. MORGAN Counsel for the State 425 Fifth Avenue North Nashville, TN 37243-0493 C. BERKELEY BELL, JR. District Attorney General 109 S. Main Street Greeneville, TN 37743 CECIL MILLS ERIC D. CHRISTIANSEN Asst. District Attorneys General North Main Street Greeneville, TN 37743 Judge: WITT First Paragraph: A Greene County jury acquitted the defendant, J. D. Edward Ealey, of aggravated burglary but convicted him of theft of property less than $500 in value, a Class A misdemeanor, and recommended a $500 fine. The trial judge imposed the fine and an incarcerative sentence of eleven months and twenty-nine days, of which the defendant must serve 75 percent before becoming eligible for rehabilitative programs. The defendant appeals and challenges the sufficiency of the convicting evidence and the sentence imposed by the trial court. We affirm. http://www.tba.org/tba_files/TCCA/EALEYJ2.wpd
STATE OF TENNESSEE VS. CHARLES W. ELSEA, JR. JUDGMENT Court:TCCA Attorneys: Judge: Per Curiam First Paragraph: Came the Appellant, Charles W. Elsea, Jr., by counsel, and also came the Attorney General on behalf of the State, and this case was heard on the record on appeal from the Criminal Court of Hamilton County; and upon consideration thereof, this Court is of the opinion that the Appellant's conviction for aggravated robbery should be modified to robbery, with a concurrent sentence of three years for this conviction. http://www.tba.org/tba_files/TCCA/ELSEAC2.wpd
REECE CALLOWAY LOUDERMILK VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: STEPHEN M. WALLACE PAUL G. SUMMERS District Public Defender Attorney General and Reporter TERRY L. JORDAN TODD R. KELLEY Assistant Public Defender Assistant Attorney General P.O. Box 839 425 Fifth Avenue North Blountville, TN 37617 Nashville, TN 37243 H. GREELEY WELLS, JR. District Attorney General ROBERT H. MONTGOMERY GREGORY A. NEWMAN JOSEPH EUGENE PERRIN Assistant District Attorneys 140 Blountville Bypass P.O. Box 526 Blountville, TN 37617-0526 Judge: SMITH First Paragraph: The petitioner, Reece Calloway Loudermilk, appeals the Sullivan County Criminal Court's order dismissing his petition for post-conviction relief. In 1992, the petitioner was convicted upon pleas of nolo contendere to four (4) counts of aggravated rape and two (2) counts of sexual battery. The petitioner filed a pro se petition for post- conviction relief in 1995, and counsel was subsequently appointed on the petitioner's behalf. Appointed counsel filed an amended petition for post-conviction relief alleging that the petitioner received ineffective assistance of trial counsel and that his pleas of nolo contendere were involuntary. The trial court summarily dismissed the petition without an evidentiary hearing. On appeal, the petitioner claims that (1) the trial court erred in dismissing the petition without a hearing; and (2) the trial court erred in refusing to consider interlineations in the amended petition alleging additional factual bases for his claim of ineffective assistance of counsel. After a thorough review of the record before this Court, we reverse the trial court's judgment and remand for an evidentiary hearing. http://www.tba.org/tba_files/TCCA/LOUDERmr.wpd
HAROLD W. MAYS and BILL NARRMORE VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellants: For the Appellee: Joe H. Walker Paul G. Summers Public Defender and Attorney General and Reporter Susan Corea Fuller Asst. Public Defender P. O. Box 334 Ellen H. Pollack Harriman, TN 37748 Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 J. Scott McCluen District Attorney General P. O. Box 703 Kingston, TN 37763 Judge: HAYES First Paragraph: The appellants, Harold W. Mays and Bill Narrmore, correctional inmates at the Brushy Mountain Correctional Complex, appeal from the summary dismissal of their joint pro se petition for writ of habeas corpus. On appeal, the appellants argue (1) the trial court erred by dismissing the petition without a hearing and (2) the trial court should have considered the petition as one for post-conviction relief. http://www.tba.org/tba_files/TCCA/MAYSHW.wpd

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