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