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.
- 03-New Opinons From TSC
- 01-New Opinons From TSC-Rules
- 00-New Opinons From TSC-Workers Comp Panel
- 04-New Opinons From TCA
- 07-New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
TBALink Chief Editor
STATE OF TENNESSEE vs. BOBBY ED BEGLEY Court:TSC Attorneys: For Appellant: For Appellee: JEFFREY A. DEVASHER JOHN KNOX WALKUP Nashville, TN Attorney General and Reporter MICHAEL E. MOORE Solicitor General KATHY A. MORANTE Deputy Attorney General Nashville, TN VICTOR S. JOHNSON, III District Attorney General KATIE MILLER Assistant District Attorney General Nashville, TN Judge:BIRCH First Paragraph: We granted the defendant's application for permission to appeal in order to determine whether the trial court abused its discretion in admitting testimony concerning the results of a certain method of DNA analysis. While we have previously considered the admission of the results of DNA analysis using the "restriction fragment length polymorphism" (RFLP) method, we address for the first time the admission of testimony regarding DNA analysis using the "polymerase chain reaction" (PCR) method. PCR is to be distinguished from RFLP, the method more statistically precise and firmly established in both the scientific and legal community. After a jury-out hearing, the trial court admitted expert testimony about the results of the PCR analysis performed on the defendant's clothing, and the Court of Criminal Appeals upheld the trial court's determination. URL:http://www.tba.org/tba_files/TSC/begleyb_opn.WP6 STATE OF TENNESSEE vs. ROGER DALE HILL, SR. Court:TSC Attorneys: For Appellee: For Appellant: SHARA ANN FLACY JOHN KNOX WALKUP District Public Defender Attorney General and Reporter WILLIAM C. BRIGHT KATHY MORANTE Assistant Public Defender Deputy Attorney General Pulaski, TN Nashville, TN T. MICHAEL BOTTOMS District Attorney General RICHARD H. DUNAVANT Assistant District Attorney General Pulaski, TN Judge:BIRCH First Paragraph: We accepted the State's application for review in this cause in order to determine the validity of an indictment which charged aggravated rape. The Court of Criminal Appeals held the indictment void and the subsequent conviction invalid because the language of the indictment failed to allege a culpable mental state. URL:http://www.tba.org/tba_files/TSC/hillr_opn.WP6 STATE OF TENNESSEE vs. LARRY WAYNE STOKES Court:TSC Attorneys: For Appellant: For Appellee: LARRY WAYNE STOKES, pro se JOHN KNOX WALKUP Only, TN Attorney General and Reporter KATHY MORANTE Deputy Attorney General Nashville, TN JOSEPH D. BAUGH, JR. District Attorney General JEFFREY P. BURKS Assistant District Attorney General Franklin, TN Judge:BIRCH First Paragraph: Larry Wayne Stokes, the appellant, was convicted in the Circuit Court of Williamson County of rape of a child, in violation of Tenn. Code Ann. S 39-13-522 (Supp. 1995). He currently serves a fifteen-year sentence in the Department of Correction. URL:http://www.tba.org/tba_files/TSC/stokesl_opn.WP6 SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL November 3, 1997 Court:TSC - Rules URL:http://www.tba.org/tba_files/TSC_RULES/STATELST8_WPD.WP6 STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES vs. YVONNE BARDIN Court:TCA Attorneys: Lorraine Raymond, Chattanooga, for Appellant. John Knox Walkup, Attorney General & Reporter, and Douglas Earl Dimond, Assistant Attorney General, Nashville, for Appellee. Judge:INMAN First Paragraph: The parental rights of Yvonne Bardin were terminated by the Juvenile Court of Hamilton County and she appeals. Four (4) children are involved. The issue presented for review is whether the evidence is clear and convincing. We find that it is and affirm. URL:http://www.tba.org/tba_files/TCA/bardin_coa.WP6 FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs. C.T. RESORTS COMPANY, INC., C. GARY TRIGGS and JAMES C. CHILDERS Court:TCA Attorneys: J. MICHAEL WINCHESTER and E. BRIAN SELLERS, LACY & WINCHESTER, P.C., Knoxville, for Plaintiff-Appellee. W. MORRIS KIFER, GENTRY, TIPTOE, KIFER & McLEMORE, Knoxville, for Defendants-Appellants. Judge:Franks First Paragraph: This appeal is from a summary judgment granted to plaintiff against defendants by the Trial Judge. Essentially, defendants insist that the record contains evidence of misrepresentations of the value of the property by plaintiff's agents, which was purchased by defendants, and that these representations are actionable under their counter-claims. URL:http://www.tba.org/tba_files/TCA/fstnbkna_opn.WP6 LILLIAN ELIZABETH KLINE vs. JOHN THOMAS KLINE Court:TCA Attorneys: John P. Chiles, Kingsport, for Appellant. Robert J. Jessee, Johnson City, for Appellee. Judge:INMAN First Paragraph: These parties were divorced March 12, 1991. The judgment provided that "husband would pay to wife the sum of $478.00 per month as spousal support." An agreed order was thereafter entered which required husband to designate wife as the beneficiary of his Survivor's Benefit Plan [SBP] pursuant to the Uniformed Services Former Spouse Protection Act, 10 U.S.C.A. S 1048 et seq., and directed that the award of $478.00 shall be paid by direct payment to wife from husband's retirement pay by the Military Finance Center, Denver, Colorado. URL:http://www.tba.org/tba_files/TCA/kline_ca3.WP6 KENNETH F. TAGGART and wife, TONI CORWIN, vs. BART A. RICHARDS Court:TCA Attorneys: GARY E. BREWER, LESLIE A. MUSE and STEVEN W. TERRY, BREWER & TERRY, P.C., Morristown, for Plaintiffs-Appellants. JAMES K. HORSTMAN, BARRY L. KROLL, ALTON C. HAYNES, LLOYD E. WILLIAMS, JR., WILLIAMS & MONTGOMERY, LTD., Chicago, and EDWIN L. TREADWAY, HUNTER, SMITH & DAVIS, LLP, Kingsport, for Defendant-Appellee. Judge:Franks First Paragraph: This is an action for damages for personal injuries allegedly occurring on April 9, 1993 in the early evening, when the vehicle operated by the plaintiff was struck by a vehicle operated by the defendant. Upon trial, a jury returned a verdict for the plaintiff establishing damages at $8,445.00 and further determined that defendant was 51% at fault for the accident. The Trial Judge approved the verdict and plaintiffs have appealed. URL:http://www.tba.org/tba_files/TCA/taggartk_opn.WP6 STATE OF TENNESSEE vs. MICHAEL BUELL Court:TCCA Attorneys: For the Appellant: For the Appellee: GREGORY D. SMITH CHARLES W. BURSON Contract Appellate Defender Attorney General and Reporter One Public Square, Ste. 321 Clarksville, TN 37040 GEORGIA BLYTHE FELNER Assistant Attorney General Criminal Justice Division ART JOHNSON 450 James Robertson Parkway Asst. Public Defender Nashville, TN 37243-0493 215 Reagan Street Cookeville, TN 38501 WILLIAM EDWARD GIBSON District Attorney General BEN FANN Asst. District Attorney General 145 South Jefferson Avenue Cookeville, TN 38501 Judge: Hayes First Paragraph: The appellant, Michael Buell, was convicted by a jury of voluntary manslaughter. The trial court imposed a sentence of four years to be served in the Department of Correction. On appeal, the appellant raises two issues for our review. First, he contends that the trial court failed to instruct the jury on accident, self-defense, and defense of a habitation. Second, the appellant contends that the trial court erred in failing to grant an alternate sentence. URL:http://www.tba.org/tba_files/TCCA/buellm_opn.WP6 I. G. COURTNER vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ISAAC G. COURTNER, pro se JOHN KNOX WALKUP TDOC no. 132603, Unit 10 Attorney General & Reporter Northeast Correctional Center P.O. Box 5000 MARVIN E. CLEMENTS, JR. Mountain City, TN 37683-5000 Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 DAVID CROCKETT District Attorney General Rt. 19, Box 99 Johnson City, TN 37601 Judge: PEAY First Paragraph: The petitioner filed his "Motion to Dismiss and for Immediate Release" on September 18, 1996, alleging that his 1990 conviction for aggravated rape must be set aside pursuant to this Court's opinion in State v. Roger Dale Hill, Sr., No. 01C01-9508-CC-00267, Wayne County (Tenn. Crim. App. filed June 20, 1996, at Nashville). Specifically, he claims that the indictment charging him with aggravated rape fails to allege an essential element of the crime and his conviction must therefore be set aside. The court below treated the petitioner's motion as a petition for writ of habeas corpus and denied it on the grounds that it failed to state a basis for relief. The petitioner appeals, claiming that the court below erred in treating his petition as one for a writ of habeas corpus and further contending that he is entitled to relief under Hill. We affirm the judgment below. URL:http://www.tba.org/tba_files/TCCA/courtner_opn.WP6 MICHAEL EUGENE McBEE and JEFFREY EUGENE DUNLAP vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: LESLIE M. JEFFRESS JOHN KNOX WALKUP Attorney for Appellant Dunlap Attorney General and Reporter 1776 Riverview Tower 900 S. Gay Street TIMOTHY F. BEHAN Knoxville, TN 37902 Assistant Attorney General 450 James Robertson Parkway KIIMBERLY A. PARTON Nashville, TN 37243 Attorney for Appellant McBee 407 Union Avenue RANDALL E. NICHOLS Suite 209 District Attorney General Knoxville, TN 37902 ROBERT L. JOLLEY, JR. Assistant District Attorney City-County Building, Ste. 168 400 Main Street Knoxville, TN 37902-2405 Judge:SMITH First Paragraph: On December 14, 1994, a Knox County Criminal Court jury found Appellants Jeffery Dunlap and Michael McBee each guilty of two counts of aggravated robbery under Tennessee Code Annotated Section 39-13-402 (1991). As Range III persistent offenders, Appellants were both sentenced to thirty years imprisonment on each count. The trial court ordered the sentences to run consecutively for an effective sentence of sixty years for each Appellant. On appeal, Appellants raise three issues for review: (1) whether the evidence presented at trial was sufficient as a matter of law to sustain the convictions; (2) whether the trial court erred in refusing to allow certain evidence to be admitted; and (3) whether the sentences were excessive in length. URL:http://www.tba.org/tba_files/TCCA/dunlapmc_opn.WP6 STATE OF TENNESSEE vs. JIMMY GREENE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JULIE A. MARTIN JOHN KNOX WALKUP P. O. Box 426 Attorney General and Reporter Knoxville, TN 37901-0426 SANDY R. COPOUS Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 MIKE FLYNN District Attorney General KIRK ANDREWS Assistant District Attorney 706 Walnut Street Knoxville, TN 37901 Judge:SMITH First Paragraph: Appellant Jimmy Greene appeals from a jury verdict rendered in the Blount County Circuit Court finding him guilty of the aggravated rape of a person less than thirteen years of age. As a Range I standard offender, Appellant received a sentence of twenty-two years in the Tennessee Department of Corrections. On April 10, 1996, Appellant filed a motion for a new trial alleging, inter alia, the existence of newly discovered evidence. The trial court denied this motion on May 21, 1996. Appellant presents three issues for consideration on this direct appeal: (1) whether the evidence was sufficient to sustain the conviction for aggravated rape; (2) whether the prosecution's remarks made during closing argument were improper and prejudicial; and (3) whether the trial court erred in denying Appellant's motion for a new trial based on the alleged existence of newly discovered evidence. URL:http://www.tba.org/tba_files/TCCA/greeneji_opn.WP6 GARY WAYNE LOWE vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Douglas A. Trant John Knox Walkup 900 S. Gay Street, Suite 1502 Attorney General of Tennessee Knoxville, TN 37902 and Timothy F. Behan Asst Attorney General of TN 450 James Robertson Parkway Nashville, TN 37243-0493 James N. Ramsey District Attorney General and Jan Hicks Asst District Attorney General 127 Anderson County Courthouse Clinton, TN 37716 Judge: Tipton First Paragraph: The petitioner, Gary Wayne Lowe, appeals as of right from the Anderson County Criminal Court's dismissal of his post-conviction case. The trial court summarily dismissed the petition, concluding that principles of "res judicata" barred the petitioner from challenging the validity of his guilty plea for grand larceny. The court based its decision on the supreme court's dismissal of a prior post-conviction petition, in which the petitioner challenged his habitual offender status based, in part, on the invalidity of the grand larceny conviction. The sole issue for our review is whether the trial court erred by summarily dismissing the petition. Because we conclude that the petitioner is entitled to an evidentiary hearing, we reverse the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/lowegw_opn.WP6 RANDY L. MILLER vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: A. PHILIP LOMANACO JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter 112 Durwood Drive Knoxville, TN 37922 TIMOTHY F. BEHAN Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 JAMES N. RAMSEY District Attorney General JANICE G. HICKS Assistant District Attorney General 127 Anderson County Courthouse Clinton, TN 37716 Judge: WITT First Paragraph: The defendant, Randy L. Miller, appeals his convictions of six counts of aggravated assault and the six year incarcerative sentence he received for his crimes. The defendant, a truck driver, received these convictions in the Anderson County Criminal Court, following a shooting altercation between himself and a van-load of travelers on Interstate 75. URL:http://www.tba.org/tba_files/TCCA/millerrl_opn.WP6 JAMES CLYDE SAYLOR vs. HOWARD CARLTON and STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEES JAMES CLYDE SAYLOR, pro se JOHN KNOX WALKUP Inmate # 130022 Attorney General & Reporter P.O. Box 5000 Northeast Correctional Center MICHAEL J. FAHEY, II Mountain City, TN 37683 Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 DAVID CROCKETT District Attorney General Route 19, Box 99 Johnson City, TN 37601 Judge: PEAY First Paragraph: The petitioner filed his petition for writ of habeas corpus on August 6, 1996, alleging that his 1989 conviction for aggravated rape committed in 1987 must be set aside pursuant to this Court's opinion in State v. Roger Dale Hill, Sr., No. 01C01-9508-CC-00267, Wayne County (Tenn. Crim. App. filed June 20, 1996, at Nashville). Specifically, he claims that the indictment charging him with the crime fails to allege the essential element of his mens rea and his conviction must therefore be set aside. The court below summarily denied the petition on the grounds that it failed to state a basis for relief. The petitioner appeals. We affirm the judgment below. URL:http://www.tba.org/tba_files/TCCA/saylorjc_opn.WP6
Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/
Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
Non TBA members are WELCOME to subscribe...it's free!!
Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank