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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