|
June 04, 1999
Volume 5 -- Number 077
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
|
-
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.
KARA M. CONERO
Court:TCCA
Judge:RILEY
First Paragraph:
Petitioner, Kara M. Conero, appeals the trial court's revocation of her
community corrections program and reinstatement of the original
sentence. We affirm the dismissal pursuant to Rule 20 of the Tennessee
Court of Criminal Appeals.
http://www.tba.org/tba_files/TCCA/Conerokm_opn.WP6
JEROME D. HILL
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT:
ALBERT J. NEWMAN, JR.
602 South Gay Street
Burwell Building, Suite 500
Knoxville, TN 37902-1623
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
R. STEPHEN JOBE
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
RANDALL E. NICHOLS
District Attorney General
FRED BRIGHT, JR.
Assistant District Attorney General
400 Main
P.O. Box 1468
Knoxville, TN 37901-1468
Judge:RILEY
First Paragraph:
Petitioner appeals the denial of his petition for post-conviction
relief. Petitioner pled guilty to three counts of aggravated robbery,
Class B felonies, without an agreement as to sentencing. The trial
court ordered petitioner to serve an effective sentence of thirty-six
years as a Range II offender. Petitioner now alleges ineffective
assistance of counsel and argues that the plea was not voluntarily,
knowingly, and understandingly entered. Upon a complete review of the
record, we conclude that the evidence does not preponderate against the
post-conviction court's findings that counsel was effective and the plea
voluntary. Thus, we AFFIRM the dismissal of the petition.
http://www.tba.org/tba_files/TCCA/Hilljd_opn.WP6
STATE OF TENNESSEE
VS.
SHERRY JENNO
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
PHILIP A. CONDRA JOHN KNOX WALKUP
District Public Defender Attorney General and Reporter
P.O. Box 220
200 Betsy Pack Drive CLINTON J. MORGAN
Jasper, TN 37347 Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
J. MICHAEL TAYLOR
District Attorney General
First American Bank Building
Suite 300
Dayton, TN 37321
Judge:WELLES
First Paragraph:
The Defendant, Sherry Jenno, appeals from the trial court's
determination of the manner of service of her sentence and other
sentencing conditions. On April 8, 1998, Defendant pleaded nolo
contendere to arson, a class C felony. The agreed sentence was four
years, with the manner of service of the sentence left to the discretion
of the trial judge. The trial judge ordered one year to be served in
the county jail, with the balance to be served on probation, and also
awarded restitution. The Defendant appeals from the sentencing order.
We affirm.
http://www.tba.org/tba_files/TCCA/Jennosh_opn.WP6
STATE OF TENNESSEE
VS.
DEDRA A. LANE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DON W. POOLE JOHN KNOX WALKUP
732 Cherry Street Attorney General and Reporter
Chattanooga, TN 37402
ELLEN H. POLLACK
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
BILL COX
District Attorney General
H. C. BRIGHT
Assistant District Attorney
Third Floor Hamilton County-City
Court's Building
Chattanooga, TN 37402
Judge:SMITH
First Paragraph:
On November 19, 1997, the Hamilton County Grand Jury indicted Appellant
Dedra A. Lane for aggravated assault and for unlawfully carrying a
weapon with intent to go armed. On January 12, 1998, Appellant filed an
application for pretrial diversion with the district attorney general.
The district attorney general denied the application. On April 1, 1998,
Appellant filed a petition for writ of certiorari in the Hamilton County
Criminal Court, alleging that the district attorney general had abused
his discretion when he denied her petition. After a hearing on April 6,
1998, the trial court found that the district attorney general did not
abuse his discretion when he denied Appellant's petition. On April 23,
1998, Appellant filed a motion to appeal the interlocutory order. The
trial court initially denied the motion, but the trial court
subsequently rescinded its original order and granted permission to
appeal. On June 18, 1998, this Court granted Appellant an interlocutory
appeal pursuant to Tenn. R. App. P. 9. Appellant challenges the denial
of her petition for pretrial diversion, raising the following issue:
whether the trial court correctly found that the district attorney
general did not abuse his discretion when he denied Appellant's petition
for pretrial diversion. After a review of the record, we affirm the
judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Lanededr_opn.WP6
STATE OF TENNESSEE
VS.
PERRY SALEEM LEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
PERRY SALEEM LEE PAUL G. SUMMERS
Pro Se Attorney General and Reporter
SCCF/CCA
P.O. Box 279 KIM R. HELPER
Clifton, TN 38425 Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
JOSEPH BAUGH
District Attorney General
P.O. Box 937
Franklin, TN 37065-0937
Judge:WELLES
First Paragraph:
The Defendant, Perry Saleem Lee, was indicted on two counts of
aggravated assault. Following a jury trial in April 1998, he was found
guilty of one count of simple assault against victim Charles Steele and
one count of aggravated assault against victim Kenneth Lockridge. The
Defendant now appeals his convictions pro se, pursuant to Rule 3 of the
Tennessee Rules of Appellate Procedure.
http://www.tba.org/tba_files/TCCA/Leeps_opn.WP6
STATE OF TENNESSEE
VS.
JAMES ALAN MORGAN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
James Alan Morgan, pro se John Knox Walkup
#253649 Attorney General & Reporter
Brushy Mountain State 425 Fifth Avenue North
Penitentiary Nashville, TN 37243-0493
P. O. Box 1000
Petros, TN 37845
Todd R. Kelley
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
C. Berkeley Bell, Jr.
District Attorney General
109 South Main Street, Suite 501
Greeneville, TN 37743
Judge:LAFFERTY
First Paragraph:
The pro se appellant, James Alan Morgan, appeals as of right from the
trial court's denial of his motion for a correction or reduction of
sentence. The appellant was found guilty of voluntary manslaughter, a
Class C felony, by a Greene County jury. The trial court imposed a
sentence of four years in the Department of Correction, plus a fine of
$10,000. On appeal, the appellant, in support of his motion, presented
thirteen alleged trial errors, ranging from lack of jury instructions to
a denial of probation. We will treat appellant's request as an abuse of
discretion issue in denying the motion. Finding no abuse of discretion,
we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Morganja_opn.WP6
STATE OF TENNESSEE
VS.
TERRY PROFFITT
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JAMES W. GREENLEE JOHN KNOX WALKUP
118 Bruce Street Attorney General and Reporter
Sevierville, TN 37862
MICHAEL J. FAHEY, II
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
AL SCHMUTZER
District Attorney General
CHARLES ATCHLEY
Assistant District Attorney
Sevier County Courthouse
Sevierville, TN 37862
Judge:SMITH
First Paragraph:
On October 7, 1996, the Sevier County Grand Jury indicted Appellant
Terry Proffitt for one count of first degree murder. After a jury trial
held on September 24-26, 1997, Appellant was convicted of first degree
murder and was sentenced to life imprisonment. Appellant challenges his
conviction, raising the following issues:
1) whether the trial court erred when it excluded an expert opinion that
Appellant lacked the ability to "knowingly" kill the victim; and
2) whether the trial court erred when it when it refused to instruct the
jury that the doctrine of diminished capacity applies to the requisite
mental states for both first degree and second degree murder.
After a review of the record, we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Proffitt_opn.WP6
STATE OF TENNESSEE
VS.
JAMES CLAY ROMINES
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Julie A. Martin John Knox Walkup
P. O. Box 426 Attorney General & Reporter
Knoxville, TN 37901-0426 425 Fifth Avenue North
(On Appeal) Nashville, TN 37243-0493
R. Mack Garner R. Stephen Jobe
District Public Defender Assistant Attorney General
419 High Street 425 Fifth Avenue North
Maryville, TN 37804 Nashville, TN 37243-0493
(At Trial)
Michael L. Flynn
District Attorney General
363 Court Street
Maryville, TN 37804-5906
Tammy M. Harrington
Assistant District Attorney General
363 Court Street
Maryville, TN 37804-5906
Judge:LAFFERTY
First Paragraph:
The defendant, James Clay Romines, appeals as of right from a ruling of
the Blount County Criminal Court revoking his probation. The defendant
presents one issue for appellate review: whether the trial court erred
by ordering the defendant to serve eleven days in jail as punishment for
a second violation of probation. After a review of the record, briefs
of the parties, and appropriate law, the trial court's judgment is
affirmed.
http://www.tba.org/tba_files/TCCA/Rominesj_opn.WP6
STATE OF TENNESSEE
VS.
NANCIE ELLEN WALKER
Court:TCCA
Attorneys:
FOR THE APPELLANT:
RICHARD E. HOPSON
(At Hearing)
410 Shelby Street
Kingsport, TN 37660-3620
GERALD L. GULLEY, JR.
(On Appeal)
P.O. Box 1708
Knoxville, TN 37901-1708
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
ERIK W. DAAB
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
H. GREELEY WELLS, JR.
District Attorney General
JOSEPH E. PERRIN
Assistant District Attorney General
140 Blountville Bypass
P.O. Box 526
Blountville, TN 37617-0526
Judge:RILEY
First Paragraph:
The defendant, Nancie Ellen Walker, appeals as of right the order of the
Sullivan County Criminal Court revoking her intensive probation and
requiring her to serve the balance of an eight-year sentence in the
Tennessee Department of Correction. On appeal, she claims the trial
court erred in refusing to either reinstate probation or consider other
community-based alternative sentencing. Finding no merit to these
assertions, we AFFIRM the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Walkern_opn.WP6
KENNETH LEE WESTON
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Mark E. Stephens Paul G. Summers
District Public Defender Attorney General & Reporter
Paula R. Voss Erik W. Daab
Assistant Public Defender Assistant Attorney General
1209 Euclid Avenue 425 Fifth Avenue North
Knoxville, TN 37921 Nashville, TN 37243
Randall E. Nichols
District Attorney General
Marsha Selecman
Assistant District Attorney General
400 Main Street
Knoxville, TN 37901
Judge:LAFFERTY
First Paragraph:
The appellant, Kenneth Lee Weston, referred herein as "the petitioner,"
appeals as of right from the denial of his petition for post-conviction
relief by the Knox County Criminal Court. In 1988, the petitioner was
convicted of robbery with a deadly weapon in the robbery of the Valley
Fidelity Bank and Trust Company. The petitioner is presently confined
in the Department of Correction serving a life sentence for his
conviction as an habitual criminal.
http://www.tba.org/tba_files/TCCA/Westonkl_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
|
