January 28, 1999
Volume 5 -- Number 014

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
 

There are three ways for TBALink members to get the full-text versions of these opinions from the Web:

Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text version of the opinion.

*NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original WordPerfect 6.0 version of the opinion.

Click the URL at end of each Opinion paragraph below. This option will allow you to download the original WordPerfect 6.0 document.

Lucian T. Pera
Editor-in-Chief, TBALink

		
		
STATE OF TENNESSEE
VS.
PATRICIA BOHNENSTIEHL

Court:TCCA

Attorneys:    

FOR THE APPELLANT:      FOR THE APPELLEE:

DAVID W. WEBB           JOHN KNOX WALKUP
1415 Middle Creek Road  Attorney General and Reporter
Sevierville, TN  37862
                        MICHAEL J. FAHEY, II
                        Assistant Attorney General
                        425 Fifth Avenue North
                        Nashville, TN  37243

                        AL SCHMUTZER, JR.
                        District Attorney General

                        CHUCK ATCHLEY
                        Assistant District Attorney
                        Sevier County Courthouse
                        Sevierville, TN  37862                      

Judge:SMITH

First Paragraph:

On October 15, 1997, Appellant Patricia Bohnenstiehl pleaded guilty to
one count of theft of property worth more than $10,000.  Appellant's
agreement with the State involved a suspended sentence of six years
with supervised probation and it allowed Appellant to request judicial
diversion.  On November 18, 1997, the trial court denied Appellant's
request for judicial diversion.  Appellant challenges that denial. 
After a review of the record, we affirm the judgment of the trial
court.

http://www.tba.org/tba_files/TCCA/Bohnenpa_opn.WP6



ROGER HARRIS VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Jeffery Craig Kelly John Knox Walkup Assistant Public Defender Attorney General & Reporter 142 East Market Street 425 Fifth Avenue, North P. O. Box 996 Nashville, TN 37243-0493 Johnson City, TN 37605 Ellen H. Pollack Assistant Attorney General 425 Fifth Avenue, North Nashville, TN 37243-0493 David E. Crockett District Attorney General Route 19, Box 99 Johnson City, TN 37601 Kent W. Garland Assistant District Attorney General Unicoi County Courthouse Erwin, TN 37650 Judge:LAFFERTY First Paragraph: The appellant, Roger Harris, appeals pursuant to Rule 10, Tenn. R. App. P., from an order of the trial court ordering the appellant's family to pay $500 to the Unicoi County Public Defender before allowing substitution of counsel. The state agrees the trial court erred in ordering such payment. After a review of the record in this cause, briefs of the parties, and appropriate law, we agree. The trial court's order is reversed, and the cause is remanded for consideration of substitution of private counsel without requiring the appellant's family to pay $500 to the Public Defender. http://www.tba.org/tba_files/TCCA/Harrisr_opn.WP6
STATE OF TENNESSEE VS. MICHAEL DEAN TATE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Darryl W. Humphrey John Knox Walkup P. O. Box 665 Attorney General & Reporter Knoxville, TN 37914 425 Fifth Avenue North Nashville, TN 37243-0493 Todd R. Kelley Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Randall E. Nichols District Attorney General 400 Main Street Knoxville, TN 37901 Paula R. Gentry Assistant District Attorney General 400 Main Street Knoxville, TN 37901 Judge:LAFFERTY First Paragraph: The appellant, Michael Dean Tate, referred herein as the defendant, appeals as of right from the sentence imposed by the Knox County Criminal Court, following entry of his guilty pleas to sale of cocaine not exceeding one-half gram and possession of cocaine not exceeding one-half gram with the intent to sell. After a sentencing hearing, the trial court imposed fines of $2,000 for each offense and sentenced the defendant to six years for each offense to be served consecutively in the Department of Correction. http://www.tba.org/tba_files/TCCA/Tatemd_opn.WP6
AARON JERMAINE WALKER VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: STEPHEN M. GOLDSTEIN JOHN KNOX WALKUP 314 Vine Street Attorney General and Reporter Chattanooga, TN 37403 MICHAEL J. FAHEY, II Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 BILL COX District Attorney General BATES BRYAN, JR. Assistant District Attorney General Courts Building 600 Market Street Chattanooga, TN 37402 Judge:WELLES First Paragraph: The Defendant, Aaron Jermaine Walker, appeals the denial of his petition for post-conviction relief by the Criminal Court for Hamilton County. Defendant asserts that he suffered ineffective assistance of counsel at trial and that this alleged ineffective assistance prejudiced him in several respects. http://www.tba.org/tba_files/TCCA/Walkeraj_opn.WP6
RONALD DEE WATT VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: KENNETH F. IRVINE, JR. JOHN KNOX WALKUP 606 W. Main Street, Suite 350 Attorney General and Reporter Knoxville, TN 37901-0084 MICHAEL J. FAHEY, II Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 CHARLES E. HAWK District Attorney General ROGER DELP Assistant District Attorney General P.O. Box 703 Kingston, TN 37763 Judge:WELLES First Paragraph: The Defendant, Ronald Dee Watt, appeals as of right from the Roane County Criminal Court's dismissal of his petition for habeas corpus relief. The issue on appeal is whether the trial court erred by summarily dismissing the petition without appointing counsel or conducting an evidentiary hearing. We reverse the order dismissing the petition and remand this case for further proceedings. http://www.tba.org/tba_files/TCCA/Wattrd_opn.WP6

PLEASE FORWARD THIS EMAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN TBALink!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion-Flash free each day by e-mail? Anyone -- whether a TBA member or not is welcome to subscribe ... it's free!

For the
Plain Text Version:
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

For the HTML Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
SUBSCRIBE HTML
3) Leave the body of the message blank

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

To STOP receiving 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


© Copyright 1999 Tennessee Bar Association