June 18, 1999
Volume 5 -- Number 084

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):
 
05 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
00 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
 

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Lucian T. Pera
Editor-in-Chief, TBALink

						
STATE OF TENNESSEE
VS.
JAMES A. BROWN

Court:TSC

First Paragraph:

The appellant, through counsel, has filed a petition for rehearing in
this appeal pursuant to Tenn. R. App. P. 39.  We have considered all of
the arguments raised in the petition, and we have found them to be
without merit.  It is, therefore, ORDERED that the petition is denied.

http://www.tba.org/tba_files/TSC/Brownja_reh.WP6






MONTRO TAYLOR
VS.
STATE OF TENNESSEE
AND
ROBERT IRWIN GWIN
VS.
STATE OF TENNESSEE

Court:TSC

Attorneys:                          
FOR TAYLOR AND GWIN:        FOR STATE OF TENNESSEE:
Marti L. Kaufman            John Knox Walkup
MONROE, KAUFMAN & McGHEE    Attorney General & Reporter
Memphis, Tennessee
                            Michael E. Moore
                            Solicitor General

                            Gordon W. Smith
                            Associate Solicitor General
                            Nashville, Tennessee

                            William L. Gibbons 
                            District Attorney General 
                            30th Judicial District
                            
Judge:DROWOTA

First Paragraph:

The sole issue in this consolidated appeal is whether a sentence imposed
under a statute which was subsequently declared unconstitutional by this
Court constitutes an illegal sentence, which is void, and may be
challenged and corrected at any time without regard to the
post-conviction statute of limitations.  Because the statute had not
been declared unconstitutional prior to the time the sentences were
imposed, the sentences are not illegal and thus void.  They are instead
voidable sentences which must be challenged within the time prescribed
by the post-conviction statute of limitations.  Since the petitions in
this case were filed beyond the applicable three-year post-conviction
statute of limitations, the trial courts properly dismissed the
petitions.  Accordingly, the judgment of the Court of Criminal Appeals
modifying Gwin's sentence to life imprisonment is reversed and the
judgment of the trial court dismissing the petition is reinstated.  The
judgment of the Court of Criminal Appeals affirming the trial court's
dismissal of Montro Taylor's petition is affirmed.

http://www.tba.org/tba_files/TSC/Gwinri_opn.WP6






STATE OF TENNESSEE
VS.
J. C. MEYER

Court:TSC

Attorneys:                          
FOR APPELLANT:              FOR APPELLEE:

Charles M. Corn             Michael E. Moore
District Public Defender    Solicitor General
Cleveland, TN           
                            Elizabeth B. Marney
                            Assistant Attorney General
                            Nashville, Tennessee

                            Jerry N. Estes
                            District Attorney General
                            Tenth Judicial District

                            Richard Newman
                            Assistant District Attorney
                            Athens, TN 
                            
Judge:DROWOTA

First Paragraph:

In this appeal, we consider whether erroneous instructions read to the
jury amounted to harmless error.  The trial court correctly instructed
the jury that if the Defendant were convicted of rape of a child, his
sentence would range from twenty-five to forty years for each count. 
However, the trial court erroneously instructed the jury that a person
convicted of rape of a child would have to serve 5.73 years before his
or her earliest release eligibility date, when in fact a person so
convicted must serve the entire sentence undiminished by any sentence
reduction credits.  After he was convicted of two counts of rape of a
child, the Defendant appealed to the Court of Criminal Appeals.  The
Court of Criminal Appeals found that, although the jury instruction was
incorrect, the error was harmless.  On appeal to this Court, the State
now concedes that the trial court's error was, in fact, harmful.  We
agree and remand this case to the trial court for a new trial.

http://www.tba.org/tba_files/TSC/Meyerjc_opn.WP6






DIANA MORRIS
VS.
STATE OF TENNESSEE

Court:TSC

First Paragraph:

A petition for rehearing has been filed on behalf of the State of
Tennessee.  After consideration of the same, the Court is of the opinion
that the petition should be and the same hereby is denied at the cost of
the State of Tennessee.

http://www.tba.org/tba_files/TSC/Morrisdi_reh.WP6






STATE OF TENNESSEE
VS.
WILBERT K. ROGERS

Court:TSC

First Paragraph:

The appellant has filed a petition for rehearing in this appeal pursuant
to Tenn. R. App. P. 39.  We have considered all of the arguments raised
in the petition, and we have found them to be without merit.  It is,
therefore, ORDERED that the petition is denied.

http://www.tba.org/tba_files/TSC/Rogers_pet.WP6

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