Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.
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WILLIAM D. CARROLL vs. FRED RANEY, WARDEN Court:TSC Attorneys: For Appellant: For Appellee: Julie K. Pillow John Knox Walkup Assistant Public Defender Attorney General & Reporter Covington, Tennessee Michael E. Moore Gary F. Antrican Solicitor General Pubic Defender Covington, Tennessee Gordon W. Smith Associate Solicitor General Nashville, Tennessee Judge: ANDERSON First Paragraph: The defendant filed a writ of habeas corpus seeking his freedom from prison on the grounds his commuted sentence had expired prior to being revoked by the Governor. The trial court found that the commuted sentence from life to "22 years to life" had expired before the Governor's revocation and granted the defendant's petition for the writ of habeas corpus. The Court of Criminal Appeals reversed, holding that the Governor's commutation was conditional and that the Governor had the authority to revoke the commutation at any time throughout the defendant's life. URL:http://www.tba.org/tba_files/TSC/carrollw_opn.WP6 STATE OF TENNESSEE vs. JAMES DUBOSE with DISSENTING OPINION Court:TSC Attorneys: For Plaintiff-Appellee: For Defendant-Appellant: Charles W. Burson Robert H. Plummer, Jr. Attorney General & Reporter Franklin Nashville Michael E. Moore Solicitor General Nashville Michael W. Catalano Associate Solicitor General Nashville Amy Tarkington Assistant Attorney General Nashville Joseph D. Baugh District Attorney General Franklin Judge: REID First Paragraph: This case presents for review the decision of the Court of Criminal Appeals affirming the conviction of James DuBose of first degree murder by aggravated child abuse. The defendant was sentenced to imprisonment for life. Permission to appeal was granted in order to review the trial court's ruling allowing the introduction of evidence of prior injuries suffered by the victim. URL:http://www.tba.org/tba_files/TSC/dubosej_opn.WP6 URL:http://www.tba.org/tba_files/TSC/dubosej_dis.WP6 STATE OF TENNESSEE vs. MAURICE GORDON Court:TSC Attorneys: For Appellant: For Appellee: Jeffrey A. DeVasher Charles Burson Senior Assistant Public Defender Attorney General & Reporter Joan A. Lawson Michael E. Moore Senior Assistant Public Defender Solicitor General Ross Alderman Elizabeth T. Ryan Deputy Public Defender Assistant Attorney General Nashville, Tennessee Nashville, Tennessee Victor S. Johnson, III District Attorney General Renee Erb Bill Reed Asst District Attorneys General Nashville, Tennessee Judge: ANDERSON First Paragraph: We granted this appeal to review two familiar exceptions to the rule which excludes hearsay statements from a trial: statements relating to a startling event or condition made while under the stress of excitement from the event or condition; and statements made for the purpose of medical diagnosis and treatment. URL:http://www.tba.org/tba_files/TSC/gordonm_opn.WP6 KENNETH McDANIEL vs. CSX TRANSPORTATION, INC. Court:TSC Attorneys: For Appellant: For Appellee: Wayne L. Robbins, Jr. Van Kirk McCombs, II Gareth S. Aden James H. Wettermark GULLETT, SANFORD, BURGE & WETTERMARK, P.C. ROBINSON & MARTIN, PLLC 2300 SouthTrust Tower Nashville, Tennessee 37219 Birmingham, Alabama 35203-3204 Edward H. Stopher BOEHL, STOPHER & GRAVES Suite 2300, Providian Center 400 West Market Street Louisville, Kentucky 40202-3346 Judge: ANDERSON First Paragraph: We granted this interlocutory appeal to clarify the standards for the admissibility of scientific evidence under Tennessee Rules of Evidence 702 and 703. URL:http://www.tba.org/tba_files/TSC/mcdanilk_opn.WP6 SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL September 29, 1997 Court:TSC - Rules URL:http://www.tba.org/tba_files/TSC_Rules/statelst4_wpd.WP6 CHARLEY CLUNAN COMPANY, INC. vs. JOYCE JEANETTE MARTIN Court:TCA Attorneys: Mark J. Grai, THE WINCHESTER LAW FIRM, Memphis, Tennessee Attorney for Defendant/Appellant. Cary R. Califf, Memphis, Tennessee Linda J. Mathis, Memphis, Tennessee Attorney for Plaintiff/Appellee. Judge: FARMER First Paragraph: Defendant Joyce Jeanette Martin appeals the trial court's order which awarded Plaintiff/Appellee Charley Clunan Company, Inc., a judgment of $35,200 in its action to recover a real estate commission. We affirm the judgment because we have determined that the record supports the trial court's ruling that Martin breached the terms of the parties' exclusive listing agreement when she sold the property to a third party without paying the Company a commission. URL:http://www.tba.org/tba_files/TCA/clunanco_opn.WP6 STATE OF TENNESSEE DEPARTMENT OF HUMAN SERVICES vs. REBECCA WALLACE RUSSELL Court:TCA Attorneys: For Appellant For Appellee MARK A. SKELTON JOHN KNOX WALKUP Rogersville, Tennessee Attorney General and Reporter Nashville, Tennessee DOUGLAS EARL DIMOND Assistant Attorney General General Civil Division Nashville, Tennessee Judge: Susano First Paragraph: The trial court terminated the parental rights of Rebecca Wallace Russell ("Mother") in and to her minor child, Kayla Michelle Wallace, whose date of birth is February 10, 1993. Mother appealed, arguing that the evidence preponderates against the trial court's determination that there is clear and convincing evidence that termination is in the child's best interest and that one or more of the conditions set forth in T.C.A. S 37-1 147(d)(1)(A)-(C) (Supp. 1995) exist in this case. We affirm. URL:http://www.tba.org/tba_files/TCA/russelrw_opn.WP6 IN THE MATTER OF: MICHAEL LYNN SHIPLEY BEVERLY ANN SHIPLEY TIFFANY ALEITHA SHIPLEY FRANK MICHAEL SHIPLEY, Children under the age of eighteen years STATE OF TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES, GREENE COUNTY JUVENILE COURT vs. RALPH MICHAEL SHIPLEY Court:TCA Attorneys: For Appellant For Appellee T. WOOD SMITH JOHN KNOX WALKUP Greeneville, Tennessee Attorney General & Reporter Nashville, Tennessee DOUGLAS EARL DIMOND Assistant Attorney General General Civil Division Nashville, Tennessee Judge: Susano First Paragraph: This is a termination of parental rights case under the new Adoption Code. Following a bench trial on July 17, 1996, the court terminated the parental rights of Ralph Michael Shipley ("Father") with respect to his minor children, Michael Lynn Shipley (DOB: 9/20/87), Beverly Ann Shipley (DOB: 10/28/88), Tiffany Aleitha Shipley (DOB: 3/29/90), and Frank Michael Shipley (DOB: 2/3/91). Father appealed. He argues that the evidence preponderates against the trial court's determination that multiple grounds existed for the termination of his parental rights. URL:http://www.tba.org/tba_files/TCA/shiplyrm_opn.WP6 ROBERT DALE CHRISTOPHER vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Joseph S. Ozment Charles W. Burson 217 Exchange Avenue Attorney General of Tennessee Memphis, TN 38105 and Georgia Blythe Felner Asst Attorney General of Tennessee 450 James Robertson Parkway Nashville, TN 37243-0493 Alfred C. Schmutzer, Sr. District Attorney General 301 Sevier County Courthouse Sevierville, TN 37862 and Richard R. Vance Asst District Attorney General 339A Main Street Newport, TN 37821 Judge: Tipton First Paragraph: The petitioner, Robert Dale Christopher, appeals as of right from the dismissal of his petition for post-conviction relief by the Circuit Court for Cocke County as being untimely filed. He contends that his petition was timely under the 1995 Post-Conviction Procedure Act as interpreted in Arnold Carter v. State, No. 03C01-9509-CC-00270, Monroe County (Tenn. Crim. App. July 11, 1996). The trial court is affirmed. URL:http://www.tba.org/tba_files/TCCA/christrd_opn.WP6 MICHAEL D. DAVIS vs. STATE OF TENNESSEE Court:TCCA First Paragraph: This matter is before the Court upon the state's motion to affirm the judgment of the trial court in this case by order rather than formal opinion. Rule 20, Rules of the Court of Criminal Appeals. The record in this appeal was filed on June 25, 1997, and the petitioner has already filed his brief. URL:http://www.tba.org/tba_files/TCCA/davis-mi_ord.WP6 STATE OF TENNESSEE vs. MIKI EDWARD GOLDEN Court:TCCA Attorneys: For Appellant: For Appellee: Michael W. Ritter Charles W. Burson 131 East Tyrone Road Attorney General & Reporter Oak Ridge, TN 37830 Sandy R. Copous Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Jan Hicks Asst District Attorney General 127 Anderson County Courthouse Clinton, TN 37716 Judge: WADE First Paragraph: The defendant, Miki Edward Golden, appeals from the judgment of the trial court suspending his driver's license for six months after finding that he violated the implied consent law defined in Tenn. Code Ann. S 55-10-406. The issue is whether the defendant had adequate notice of the charge. Because he did not, we must reverse. URL:http://www.tba.org/tba_files/TCCA/goldenme_opn.WP6 STATE OF TENNESSEE vs. FREDDIE HARRISON Court:TCCA Attorneys: FOR THE APPELLANT FOR THE APPELLEE David F. Bautista John Knox Walkup District Public Defender Attorney General & Reporter Gerald L. Gulley, Jr. Michael J. Fahey, II Contract Appellate Attorney Assistant Attorney General P.O. Box 1708 450 James Robertson Parkway Knoxville, TN 37901-1708 Nashville, TN 37243 0493 (on appeal) David E. Crockett Robert Y. Oaks District Attorney General Assistant Public Defender Main Courthouse Lisa Nidiffer Rice Elizabethron, TN 37643-3328 Asst District Attorney General (at trial) Rte. 19 Box 99 Johnson City, TN 37601 Judge: WADE First Paragraph: The defendant entered a plea of guilty to possession of marijuana in a state penal institution and was sentenced to serve three years. The defendant properly reserved questions of law, and these questions were certified to this Court. They are: I. The "punitive segregation" and other sanctions applied to the appellant for possessing contraband narcotics within a penal institution, and which are described as "punishments" by the Tennessee Department of Corrections, preclude subsequent indictment and trial for the same offense on grounds of double jeopardy. II. The process by which prisoners who violate prison rules against possession of illegal contraband are selected for prosecution in state court is a selective enforcement that is devoid of any rational basis, and therefore a violation of the equal protection and due process rights of the appellant. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/harrison_opn.WP6 SAMMIE NETTERS vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: HOWARD B. MANIS JOHN KNOX WALKUP 200 Jefferson, Suite 1313 Attorney General and Reporter Memphis, TN 38103 ELIZABETH T. RYAN Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General REGINALD HENDERSON Ass District Attorney General 201 Poplar Ave., Suite 301 Memphis, TN 38103 Judge: RILEY First Paragraph: This is an appeal from the dismissal of appellant's petition for post conviction relief. The sole issue is whether appellant was deprived of effective assistance of counsel at the time of entry of his prior guilty plea. Based upon the factual findings of the trial court, we conclude that appellant's counsel had a conflict of interest. Since this conflict is presumptively prejudicial to appellant, we must set aside the guilty plea and remand for further proceedings. URL:http://www.tba.org/tba_files/TCCA/netterss_opn.WP6 STATE OF TENNESSEE vs. DAVID WILLIAM SMITH Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: LARRY WEDDINGTON JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter 200 Seventh Street Bristol, TN 37620 MARVIN E. CLEMENTS, JR. Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243-0943 H. GREELEY WELLS, JR. District Attorney General JOSEPH EUGENE PERRIN Asst District Attorney General P.O. Box 526 Blountville, TN 37617-0526 Judge: WOODALL First Paragraph: The Defendant, David William Smith, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. On August 30, 1994, Defendant entered pleas of guilty to three charges of aggravated burglary and three charges of theft over $1,000. Defendant received four years on each conviction to run concurrently, and a probation order was entered that same day. Defendant's probation was revoked on February 15, 1995, and he was ordered to serve his sentence on Community Corrections. On July 14, 1995, an Order was entered returning Defendant to probationary status subject to the Community Corrections Supervision Order. On December 1, 1995, another arrest warrant was issued for Defendant's violation of probation. Following a probation hearing in the Circuit Court of Sullivan County, Defendant's probation was revoked and he was ordered to serve the sentence in confinement. In his sole issue on appeal, the Defendant argues that the trial court abused its discretion in revoking Defendant's probation and ordering him to serve his sentence. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/smith-dw_opn.WP6 STATE OF TENNESSEE vs. BOBBY TEASTER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: EDWARD CANTRELL MILLER JOHN KNOX WALKUP District Public Defender Attorney General & Reporter SUSANNA LAWS THOMAS CLINTON J. MORGAN Assistant Public Defender Assistant Attorney General 102 Mims Avenue 2nd Floor, Cordell Hull Building Newport, TN 37821-3614 425 Fifth Avenue North Nashville, TN 37243-0943 ALFRED C. SCHMUTZER, JR. District Attorney General G. SCOTT GREEN Asst District Attorney General 125 Court Avenue, Room 301-E Sevierville, TN 37862 Judge: WOODALL First Paragraph: The Defendant, Bobby Teaster, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. Following a jury trial in the Criminal Court of Sevier County, the Defendant was convicted of driving under the influence, first offense. The trial court sentenced Defendant to serve eleven (11) months, twenty-nine (29) days, with fifty percent (50%) minimum service prior to release. The sentence was ordered to run consecutive to a prior ten (10) year penitentiary sentence for bribery and subornation of perjury in Case No. 5675 in Sevier County. Defendant raises two issues on appeal: (1) that the evidence was insufficient to sustain a verdict of guilty beyond a reasonable doubt of first offense DUI, and; (2) that the trial court erred by ordering consecutive sentencing. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/teasterb_opn.WP6 STATE OF TENNESSEE vs. REGINALD O. WEBB Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: W. Mark Ward John Knox Walkup Assistant Public Defender Attorney General & Reporter 147 Jefferson, Suite 900 500 Charlotte Avenue Memphis, TN 38103 Nashville, TN 37243-0497 (Appeal Only) Clinton J. Morgan Loyce D. Lambert Assistant Attorney General Assistant Public Defender 450 James Robertson Parkway 201 Poplar Avenue, Suite 201 Nashville, TN 37243-0493 Memphis, TN 38103-1947 (Trial Only) William L. Gibbons District Attorney General OF COUNSEL: 201 Poplar Avenue, Suite 301 A C Wharton, Jr. Memphis, TN 38103-1947 Public Defender 201 Poplar Avenue, Suite 201 James M. Lammey, Jr. Memphis, TN 38103-1947 Asst District Attorney General 201 Poplar Avenue, Suite 301 Memphis, TN 38103-1947 Judge: Jones First Paragraph: The appellant, Reginald O. Webb (defendant), was convicted of murder in the second degree, a Class A felony, by a jury of his peers. The trial court found that the defendant was a standard offender and imposed a Range I sentence consisting of confinement for twenty (20) years in the Department of Correction. In this Court the defendant contends (a) the evidence was insufficient, as a matter of law, to support a finding by a rational trier of fact that he was guilty of murder in the second degree, and (b) the trial court committed error of prejudicial dimensions by instructing the jury on flight following the commission of a criminal offense. After a thorough review of the record and the briefs submitted by the parties, it is this Court's opinion the judgment of the trial court should be affirmed. URL:http://www.tba.org/tba_files/TCCA/webbro_opn.WP6
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