February 2, 2000
Volume 6 -- Number 015

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
10 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.
ADRIAN ARNETT

Court:TCCA

Attorneys: 

For the Appellant:      For the Appellee:

Julie A. Rice           Paul G. Summers
Attorney for Appellant  Attorney General and Reporter
P. O. Box 426   
Knoxville, TN  37902    Ellen H. Pollack
                        Assistant Attorney General      
                        Criminal Justice Division
                        425 Fifth Avenue North
                        2d Floor, Cordell Hull Building
                        Nashville, TN 37243-0493            
    
                        
                        Randall E. Nichols
                        District Attorney General

                        Scott Green
                        Asst. District Attorney General
                        City-County Building
                        Knoxville, TN  37902                         

Judge: HAYES

First Paragraph:

The appellant, Adrian Arnett, appeals the verdict of a Knox County
jury finding him guilty of two counts of aggravated rape, one count of
especially aggravated kidnapping, one count of aggravated robbery, one
count of aggravated assault, and one count of setting fire to personal
property.  The trial court imposed an effective fifty year sentence
for these offenses.  In his appeal as of right, the appellant
challenges the sufficiency of the convicting evidence for each
conviction.  Second, he challenges the trial court's application of
certain enhancement and mitigating factors with respect to specific
convictions and the imposition of consecutive sentences.

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



DAVID L. BOESE VS. STATE OF TENNESSE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DAVID L. BOESE, 15583-074 PAUL G. SUMMERS Pro Se Attorney General & Reporter U.S.P. Beaumont P. O. Box 26030 MICHAEL J. FAHEY, II Beaumont, TX 77720-6030 Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 JERRY N. ESTES District Attorney General CARL F. PETTY Assistant District Attorney P. O. Box 1351 Cleveland, TN 37364 Judge: WILLIAMS First Paragraph: The petitioner, David L. Boese, appeals pro se from a Bradley County Criminal Court order dismissing his pro se petition for post-conviction relief. In his petition, he asserts that his guilty pleas in state court to one count of second degree murder and one count of aggravated assault were involuntary and thus violative of his constitutional rights. The petitioner had two appointed attorneys, one for the state charges and one for federal charges. His petition alleges that both attorneys provided him ineffective assistance of counsel. The trial court found that the petition failed to state a claim upon which post-conviction relief may be granted and dismissed the appeal without an evidentiary hearing. Concluding that the petition states a colorable claim for post-conviction relief, we REVERSE and REMAND. http://www.tba.org/tba_files/TCCA/Boesedl.wpd
JOHNNIE LAMONT DALTON VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: THOMAS A. LONGABERGER PAUL G. SUMMERS 69 Arcade Attorney General & Reporter Nashville, Tennessee 37219 DAVID H. FINDLEY Assistant Attorney General 425 Fifth Avenue North 2nd Floor, Cordell Hull Building Nashville, Tennessee 37243-0493 Judge: LAFFERTY First Paragraph: The appellant, Johnnie Lamont Dalton, appeals the Davidson County Criminal Court's dismissal of his petition for post-conviction relief. On May 5, 1997, the defendant entered a plea of guilty to murder second degree during the voir dire of a jury, wherein he was charged with the offense of murder first degree. The petitioner, collaterally, attacks his guilty plea and conviction for murder second degree upon the grounds of ineffective assistance of counsel. http://www.tba.org/tba_files/TCCA/daltonjl.wpd
JEFFREY EUGENE DUNLAP VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JEFFREY EUGENE DUNLAP PAUL G. SUMMERS Pro Se Attorney General and Reporter Route 1, Box 660 Tiptonville, Tn 38079 R. STEPHEN JOBE Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 RANDALL E. NICHOLS District Attorney General City-County Building Knoxville, TN 37902 Judge: WELLES First Paragraph: This is an appeal from an order of the trial court dismissing the Defendant's petition for post-conviction relief. The trial court determined that the petition was barred by the statute of limitations. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/dunlapje.wpd
STATE OF TENNESSEE VS. BYRON M. EDWARDS Court:TCCA Attorneys: For the Appellant: For the Appellee: Joseph E. Costner Paul G. Summers Costner & Green Attorney General and Reporter 315 High Street Maryville, TN 37804 Erik W. Daab Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 Michael L. Flynn District Attorney General Ms. Kirk Andrews Mr. Edward P. Bailey, Jr. Asst. District Attorneys General 363 Court Street Maryville, TN 37804 Judge: HAYES First Paragraph: The appellant, Byron M. Edwards, was found guilty by a Blount County jury of one count of aggravated robbery, a class B felony. Following a sentencing hearing, the trial court sentenced the appellant as a career offender to thirty years in the Department of Correction. http://www.tba.org/tba_files/TCCA/EdwardsBM.wpd
GREGORY JAMES HARPER VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DAVID W. TIPTON PAUL G. SUMMERS P.O. Box 787 Attorney General and Reporter Bristol, TN 37620 R. STEPHEN JOBE Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 GREELEY WELLS District Attorney General JOSEPH EUGENE PERRIN Assistant District Attorney General Sullivan County Justice Center Blountville, TN 37617 Judge: WELLES First Paragraph: This is an appeal as of right from the judgment of the trial court denying post-conviction relief. On September 15, 1997, the Defendant, Gregory James Harper, pleaded guilty to two counts of attempted first degree murder and three counts of selling less than .5 grams of cocaine. In accordance with his plea agreement, the trial court sentenced him as a Range I standard offender to sixteen years incarceration for each count of attempted murder and to six years incarceration for each count of the sale of cocaine. http://www.tba.org/tba_files/TCCA/harpergj.wpd
STATE OF TENNESSEE VS. JAMES R. LOVINGOOD Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GERALD L. GULLEY, JR. PAUL G. SUMMERS P.O. Box 1708 Attorney General & Reporter Knoxville, Tennessee 37901-1708 ELLEN H. POLLACK MACK GARNER Assistant Attorney General Public Defender 425 Fifth Avenue North 419 High Street Nashville, Tennessee 37243 Maryville, Tennessee 37804 Judge: WALKER First Paragraph: This is an appeal of right from an order in the trial court denying a petition to modify a judgment with regard to restitution payments. http://www.tba.org/tba_files/TCCA/LovingoodJR.wpd
STATE OF TENNESSEE VS. PATRICK LAMONT MARTIN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN G. OLIVA PAUL G. SUMMERS 601 Woodland St. Attorney General & Reporter Nashville, TN 37206 TODD R. KELLEY Asst. Attorney General 425 Fifth Ave., N. 2nd Floor, Cordell Hull Bldg. Nashville, TN 37243-0493 VICTOR S. JOHNSON III District Attorney General PAUL DEWITT Asst. District Attorney General Washington Square, Suite 500 222 Second Ave., N. Nashville, TN 37201-1649 Judge: PEAY First Paragraph: The defendant was indicted for premeditated murder. He pled guilty to second-degree murder, with no agreement as to his sentence. After a hearing, the trial court sentenced defendant as a Range I offender to twenty-two years incarceration, to be served at one hundred percent. See T.C.A. S 40-35-501(i). In this appeal as of right, defendant contends that his sentence is excessive. Upon our review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/MARTINPL.wpd
STATE OF TENNESSEE VS. DAVID ANDREW NICHOLSON Court:TCCA Attorneys: For the Appellant: For the Appellee: Ardena J. Garth Paul G. Summers District Public Defender Attorney General and Reporter and Donna Robinson Miller Assistant Public Defender Elizabeth B. Marney 701 Cherry Street, Suite 300 Assistant Attorney General Chattanooga, TN 37402 Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 William H. Cox III District Attorney General Clair Brant Asst. District Attorney General City and County Courts Building Chattanooga, TN 37402 Judge: HAYES First Paragraph: The appellant, David Andrew Nicholson, appeals his conviction by a Hamilton County Criminal Court jury for the offense of rape of a child. The trial court sentenced the appellant to twenty years in the Department of Correction. On appeal, the appellant raises three issues for our review: (1) whether testimony of two police officers improperly bolstered the credibility of the minor victim; (2) whether the trial court erred in charging the jury on parole eligibility; and (3) whether the appellant was properly sentenced. http://www.tba.org/tba_files/TCCA/NicholsonDA.wpd
EDWARD THOMPSON VS. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: David B. Hill Paul G. Summers 317 East Main Street Attorney General and Reporter Newport, TN 37821 Ellen H. Pollack Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243 James B. Dunn Asst. District Attorney General 339 East Main Street Newport, TN 37821 Judge: WADE First Paragraph: The petitioner, Edward Thompson, appeals the trial court's denial of post-conviction relief. The single issue presented for our review is whether the petitioner's trial counsel was ineffective. http://www.tba.org/tba_files/TCCA/thompsone.wpd

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