|
July 21, 1999
Volume 5 -- Number 102
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 |
| 01 |
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
JOHN MICHAEL GORSKI
VS.
LINDA EMILY GORSKI RAGAINS
Court:TCA
Attorneys:
For Plaintiff/Appellant: For Defendant/Appellee:
Joe P. Binkley, Jr. Michael W. Edwards
Nashville, Tennessee Hendersonville, Tennessee
Judge:KOCH
First Paragraph:
This appeal stems from a protracted post-divorce custody dispute.
Shortly after the divorce, the father filed a change of custody petition
in Division II of the Sumner County General Sessions Court, and the
court awarded him primary physical custody on a temporary basis. Over
two years later, the general sessions court dismissed the father's
petition and ordered that the children be returned to their mother. We
vacate the order dismissing the father's change of custody petition
because the evidence does not support the general sessions court's
conclusion that there had been no material change in the children's
circumstances since the divorce.
http://www.tba.org/tba_files/TCA/Gorskijm_opn.WP6
JERRY LEE CRAIGMIRE
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Mark E. Stephens John Knox Walkup
District Public Defender Attorney General and Reporter
1209 Euclid Avenue 425 Fifth Avenue North
Knoxville, TN 37921 Nashville, TN 37243-0493
Paula R. Voss Elizabeth B. Marney
Assistant Public Defender Assistant Attorney General
1209 Euclid Avenue Criminal Justice Division
Knoxville, TN 37921 425 Fifth Avenue North
Nashville, TN 37243-0493
John Halstead
Assistant Public Defender Robert Jolley
1209 Euclid Avenue Assistant District Attorney General
Knoxville, TN 37921 City-County Building
Knoxville, TN 37902
Judge:OGLE
First Paragraph:
The petitioner, Jerry Lee Craigmire, appeals the Knox County Criminal
Court's dismissal of his petition for post-conviction relief. On
appeal, the petitioner raises the following issues for our review:
1. Whether his conviction as an habitual offender violated the
doctrine of collateral estoppel.
2. Whether the trial court's instructions to the jury at the
conclusion of the petitioner's habitual criminal trial shifted the
burden of proof to the petitioner, thereby violating his right to due
process.
3. Whether the actions of the trial court and the prosecutor during
closing arguments in the petitioner's habitual criminal trial denied the
petitioner the effective assistance of counsel, due process, and a fair
trial.
4. Whether the petitioner's counsel was ineffective at trial and on
direct appeal in failing to raise the issues relating to collateral
estoppel and the petitioner's closing argument.
Following a thorough review of the record and the parties' briefs, we
affirm the judgment of the post-conviction court.
http://www.tba.org/tba_files/TCCA/Craigmir_opn.WP6
STATE OF TENNESSEE
VS.
CHARLES HAMES
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ARVIN H. REINGOLD PAUL G. SUMMERS
Attorney at Law Attorney General & Reporter
Suite 401, Park Plaza Bldg
1010 Market Street ELLEN H. POLLACK
Chattanooga, TN 37402 Assistant Attorney General
425 Fifth Ave. N., 2d Floor
Nashville, TN 37243-0493
JERRY N. ESTES
District Attorney General
SANDRA N. C. DONAGHY
Asst District Attorney General
P.O. Box 1351
Cleveland, TN 37364
Judge:WITT
First Paragraph:
The defendant, Charles Hames, appeals from his jury conviction for theft
over $10,000 but less than $60,000 in the Bradley County Criminal Court.
The trial court imposed a three year sentence in the Tennessee
Department of Correction. In this direct appeal, the defendant
challenges the admission of testimony by the state's expert, Buddy
Kimsey, regarding the amount of theft. After a review of the record,
the briefs of the parties, and the applicable law, we affirm.
http://www.tba.org/tba_files/TCCA/Hamesc_opn.WP6
STATE OF TENNESSEE
VS.
JAMES D. HORN
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Julie A. Martin John Knox Walkup
P.O. Box 426 Attorney General and Reporter
Knoxville, TN 37901-0426 450 James Robertson Parkway
Nashville, TN 37243-0493
Richard Tate
Assistant Public Defender R. Stephen Jobe
Blountville, TN 37617 Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North, 2nd Floor
Nashville, TN 37243-0493
Teresa M. Smith and Ed Wilson
Asst District Attorneys General
Blountville, TN 37617
Judge:OGLE
First Paragraph:
The appellant, James D. Horn, was convicted by a jury in the Sullivan
County Criminal Court of thirty-one counts of aggravated burglary,
eighteen counts of theft of property valued between one thousand and ten
thousand dollars, one count of theft of property valued between five
hundred and one thousand dollars, and ten counts of theft of property
valued at five hundred dollars or less. The trial court sentenced him
as a Range II multiple offender to ten years for each aggravated
burglary conviction, eight years for each conviction of theft of
property valued between one thousand and ten thousand dollars, two years
for his conviction of theft of property valued between five hundred and
one thousand dollars, and eleven months and twenty-nine days for each
conviction of theft of property valued at five hundred dollars or less.
The trial court ordered the appellant to serve nine aggravated burglary
sentences consecutively and all remaining sentences concurrently,
resulting in an effective sentence of ninety years incarceration in the
Tennessee Department of Correction.
http://www.tba.org/tba_files/TCCA/Hornjd_opn.WP6
STATE OF TENNESSEE
VS.
ALBERT L. NORTON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GEORGE H. WATERS PAUL G. SUMMERS
Asst. Public Defender Attorney General & Reporter
419 High Street
Maryville, TN 37804 ERIK W. DAAB
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
Nashville, TN 37243
PHILIP MORTON
Asst. District Attorney General
Blount County Courthouse
363 Court Street
Maryville, TN 37804
Judge:WITT
First Paragraph:
The defendant, Albert L. Norton, appeals his Blount County Circuit Court
jury conviction of second-offense DUI, a class A misdemeanor. He does
not challenge his jail sentence of eleven months, 29 days at 90 percent,
to be probated after serving 90 days, a $2,500 fine, and a two-year
license revocation. Rather, he challenges his conviction by raising the
following issues:
1. The evidence was insufficient to support his conviction.
2. The trial court erred by allowing evidence of the defendant's blood
test result despite the failure to establish a proper chain of custody
of the blood sample.
3. The trial court erred in allowing evidence of drugs being present in
the defendant's blood sample.
4. The trial court erred by admitting testimony that the defendant
failed to pass a horizontal gaze nystagmus field sobriety test.
After a review of the record, the briefs of the parties, and the
applicable law, we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Nortonal_opn.WP6
STATE OF TENNESSEE
VS.
ROBERT S. VASSER
Court:TCCA
Attorneys:
For Appellant For Appellee
B. Jeffery Harmon Paul G. Summers
Assistant Public Defender Attorney General and Reporter
P.O. Box 220 425 Fifth Avenue North
Jasper, TN 37347 Nashville, TN 37243-0493
Ellen H. Pollack
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
Will Dunn
Assistant District Attorney General
First American National Bank
Dayton, TN 37321
Judge:OGLE
First Paragraph:
The appellant, Robert S. Vasser, was convicted in the Circuit Court of
Bledsoe County of the aggravated sexual battery of two young girls, ages
eight and ten. The trial court imposed concurrent sentences of eight
years and nine months in the Tennessee Department of Correction. The
sole issue raised on appeal is whether the trial court erred by
instructing the jury pursuant to Tenn. Code. Ann. S 40-35-201 (Repealed,
May 18, 1998), the "truth in sentencing" statute. Following a thorough
review of the record and the parties' briefs, we affirm the judgment of
the trial court.
http://www.tba.org/tba_files/TCCA/Vasserro_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
|
