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December 1995. One of the reasons petitioner became interested
in the contract with Josten's at Memphis was that it would lessen
the distance between Austin, Texas, and Knoxville, Tennessee.
His expectation was that the relationship with the young lady,
whom petitioner referred to as his "girlfriend", would become
permanent. As petitioner described it at trial:
I had started dating a girl in Knoxville in December of '95,
and * * * wanted to try and make more of the distance
between Knoxville and Austin, and so * * * when this
opportunity * * * came up, * * * I was talking with her
regarding it. * * * basically, the understanding was that *
* * I'll accept it if we want to give this a shot. You
know, basically, I'll live with her and move into Knoxville,
make the commute, and then hopefully find * * * work * * *
in Knoxville.
Petitioner moved in with his girlfriend at Knoxville, Tennessee,
on March 28, 1996, and began his contract with Josten's at
Memphis, Tennessee, on April 1, 1996. He commuted on weekends to
Knoxville. During the week, petitioner rented an apartment in
Memphis. The arrangement between petitioner and his girlfriend
was that petitioner paid the rent on the apartment they shared in
Knoxville, and his girlfriend paid the utilities and telephone
expenses. Petitioner was not a party to the rental contract on
the apartment, nor was there any written agreement between
petitioner and his girlfriend with respect to their living
arrangement.
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