September 8, 1999
Volume 5 -- Number 122

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):
 
04 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
03 New Opinion(s) from the Tennessee Court of Appeals
06 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.
PAT BONDURANT

Court:TSC

Attorneys: 

FOR APPELLANT:                  FOR APPELLEE:

William P. Redick, Jr.          Michael Moore
Whites Creek, Tennessee         Attorney General & Reporter
(After Trial & On Appeal)
                            
Peter D. Heil                   Amy L. Tarkington
Nashville, Tennessee            Nashville, Tennessee
(After Trial & On Appeal)
        
Jerry C. Colley                 T. Michael Bottoms
John Colley                     District Attorney General   
Colley & Colley                 22nd Judicial District
Columbia, Tennessee             
(Trial Only)                    James C. Sanders
                                Assistant District Attorney General

                                James G. White, II
                                Assistant District Attorney General
                                Columbia, Tennessee                         

Judge:DROWOTA

First Paragraph:

In this appeal, the defendant, Pat Bondurant, was convicted of
premeditated first degree murder and arson.  Upon finding that the
State had proven two statutory aggravating circumstances beyond a
reasonable doubt and that there were no mitigating circumstances
sufficiently substantial to outweigh the aggravating circumstances,
the jury sentenced the defendant to death by electrocution on the
conviction for first degree murder.  On the arson conviction, the
trial court sentenced the defendant to ten years consecutive to the
death penalty. The Court of Criminal Appeals affirmed the trial
court's judgment.  Thereafter, the case was docketed in this Court and
set for oral argument with respect to eight of the issues raised by
the defendant.  See Tenn. S. Ct. R. 12.

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



STATE OF TENNESSEE VS. JEFFREY D. HUNTER Court:TSC Attorneys: For the Appellant: For the Appellee: John S. Colley, III John Knox Walkup Columbia, Tennessee Attorney General & Reporter Michael E. Moore Solicitor General Marvin E. Clements, Jr. Assistant Attorney General Nashville, Tennessee Judge:BARKER First Paragraph: We granted this appeal by Jeffrey D. Hunter, the appellant, in order to address issues pertinent to a trial court's authority during probation revocation proceedings. For the reasons provided herein, we hold that when a trial court has determined that a probation violation has occurred, it possesses the authority to: (1) order incarceration; (2) order the original probationary period to commence anew; or (3) extend the remaining period of probation for as much as an additional two years. We further conclude that a defendant is not entitled to credit on his or her sentence of incarceration for any time served on probation prior to probation revocation and reinstatement of the original sentence. The judgment of the Court of Criminal Appeals is affirmed. http://www.tba.org/tba_files/TSC/Hunterjd_opn.WP6
DEMETRA LYREE PARKER VS. WARREN COUNTY UTILITY DISTRICT Court:TSC Attorneys: FOR APPELLANT: FOR APPELLEE: LISA M. CARSON ROBERT S. PETERS Franklin Winchester Judge:HOLDER First Paragraph: We granted review to address the standard for an employer's liability in supervisor sexual harassment cases under the Tennessee Human Rights Act following the recent United States Supreme Court's decisions in Burlington Indus. Inc. v. Ellerth, 118 S.Ct. 2257 (1998), and Faragher v. City of Boca Raton, 118 S.Ct. 2275 (1998). Upon review, we adopt a standard consistent with Ellerth and Faragher and hold that an employer is vicariously liable for sexual harassment by a supervisor. An employer, however, may raise an affirmative defense to liability or damages when no tangible employment action has been taken. The decision of the Court of Appeals is affirmed as modified. http://www.tba.org/tba_files/TSC/PARKERDL_OPN.WP6
VIRGINIA GRAF WADDEY VS. IRA CLINTON WADDEY, JR. Court:TSC Attorneys: FOR APPELLANT: FOR APPELLEE: CLINTON L. KELLY ALBERT F. MOORE Hendersonville Nashville Judge:HOLDER First Paragraph: We granted this appeal to determine whether a party receiving periodic alimony may obtain a modification or extension of alimony when: 1) a termination date was agreed to by the parties in their property settlement agreement; and 2) the petition to modify was filed after the termination date but prior to the expiration of thirty days. We hold that the alimony was not modifiable after one of the contingencies listed in the property settlement agreement occurred. We affirm the Court of Appeals, but we base our decision upon other grounds. http://www.tba.org/tba_files/TSC/WADDEYVG_OPN.WP6
THE CITY OF CLEVELAND, TENNESSEE VS. BRADLEY COUNTY, TENNESSEE Court:TCA Attorneys: WILLIAM P. BIDDLE, III, OF CLEVELAND FOR APPELLANT JAMES S. WEBB OF CLEVELAND and BRIAN L. KUHN OF MEMPHIS FOR APPELLEE Judge: GODDARD First Paragraph: This is a declaratory judgment action initiated by the City of Cleveland to determine whether the agreements it had with Bradley County concerning the division of one-half of the Local Option Revenue Tax were terminable. The City also sought its share of various Capital Outlay Notes issued by Bradley County for educational purposes. http://www.tba.org/tba_files/TCA/Cleve_op.WP6
D & E CONSTRUCTION COMPANY VS. ROBERT J. DENLEY, CO., INC. Court:TCA Attorneys: Julie C. Bartholomew of Somerville For Appellee Ted M. Hayden; Less, Getz & Lipman of Memphis For Appellant Judge: CRAWFORD First Paragraph: This is an action to enforce an arbitration award. Plaintiff/appellant, D & E Construction Company (D&E), appeals the order of the Chancery Court vacating an arbitration award rendered against defendant/appellee, Robert J. Denley Company (Denley). http://www.tba.org/tba_files/TCA/D&econ_opn.WP6
UNITED AGRICULTURAL SERVICES VS. JOHN W. SCHERER, JR. Court:TCA Attorneys: Lenard Hackel of Memphis For Appellee Richard F. Vaughn of Memphis For Appellant Judge: CRAWFORD First Paragraph: This appeal involves jurisdiction under the long-arm statute. Defendant/appellant, John W. Scherer, Jr. (Scherer), appeals the order of the trial court awarding plaintiff/appellee, United Agricultural Services, Inc. (Ag Services), damages for breach of contract. http://www.tba.org/tba_files/TCA/Unitedag_opn.WP6
STATE OF TENNESSEE VS. ERIC JUAN DODD Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MIKE MOSIER PAUL G. SUMMERS 204 West Baltimore Attorney General and Reporter Jackson, TN 38302-1623 R. STEPHEN JOBE Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 JERRY WOODALL District Attorney General SHAUN BROWN Assistant District Attorney General Lowell Thomas State Office Building Jackson, TN 38301 Judge: WELLES First Paragraph: The Defendant, Eric Juan Dodd, appeals from his misdemeanor conviction for simple possession of marijuana. Defendant was charged on a two-count indictment with possession of marijuana with intent to sell and possession of marijuana with intent to deliver, both in violation of Tennessee Code Annotated S 39-17-417. The jury returned a verdict for the lesser included offense of simple possession on each count, and the trial judge merged the two convictions. Because Defendant committed this offense while on parole, the trial court sentenced him to eleven months, twenty-nine days, to be served at seventy-five percent, consecutive to the offense for which he violated parole. http://www.tba.org/tba_files/TCCA/Doddej_opn.WP6
ARZOLIA CHARLES GOINES VS. AUBREY L. DAVIS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ARZOLIA CHARLES GOINES PAUL G. SUMMERS Pro Se Attorney General and Reporter N.E.C.X. Box 5000 Mountain City, TN 37683 ERIK W. DAAB Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 RANDALL E. NICHOLS District Attorney General City-County Building Knoxville, TN 37902 Judge: WELLES First Paragraph: The Appellant, Arzolia Charles Goines, is an inmate in the Department of Correction serving a life sentence as a habitual criminal. On June 11, 1998, he filed a "Petition for Disbarment" in the Criminal Court of Knox County, alleging that his attorney in a previous post-conviction proceeding should be disbarred because of ineffective assistance of counsel during the post-conviction proceeding. The trial judge treated the petition as one for post-conviction relief and dismissed it, primarily because it was time-barred. The Appellant appeals, arguing that the trial court erred by dismissing the "Petition for Disbarment." We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Goinesac_opn.WP6
STATE OF TENNESSEE VS. O. B. FREEMAN GREEN, JR. Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: RAYMOND L. IVEY PAUL G. SUMMERS P.O. Box 667 Attorney General & Reporter Huntingdon, TN 38344 CLINTON J. MORGAN Counsel for the State 425 Fifth Avenue North Nashville, TN 37243-0493 ROBERT RADFORD District Attorney General ELEANOR CAHILL Assistant District Attorney General P.O. Box 686 Huntingdon, TN 38344 Judge: WITT First Paragraph: The defendant, O. B. Freeman Green, Jr., appeals his Carroll County Circuit Court conviction of aggravated assault. See Tenn. Code Ann. S 39-13- 102(a)(1)(A) (1997). After a trial in which a jury returned a guilty verdict, the trial court imposed a Range II sentence of nine years to be served in the Tennessee Department of Correction. The only issue raised by the defendant in this appeal is whether the trial court erred in allowing the impeachment of the defendant as a witness by the use of past criminal convictions. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Greenfob_opn.WP6
STATE OF TENNESSEE VS. REDONNA T. HANNA and BERNARDO C. LANE Court:TCCA Attorneys: FOR THE APPELLANTS: FOR THE APPELLEE: A. C. WHARTON PAUL G. SUMMERS District Public Defender Attorney General & Reporter Counsel for Defendant Hanna R. STEPHEN JOBE W. MARK WARD Assistant Attorney General Assistant Public Defender 2nd Floor, Cordell Hull Building Counsel for Defendant Hanna 425 Fifth Avenue North Criminal Justice Cntr, Ste 201 Nashville, TN 37243 201 Poplar Avenue Memphis, TN 38103 JOHN W. PIEROTTI District Attorney General PATRICIA A. ODELL PAUL F. GOODMAN Counsel for Defendant Lane Assistant District Attorney General 50 North Front St, Ste 780 Memphis, TN 38103 MICHAEL H. LEAVITT Assistant District Attorney General Criminal Justice Center, Suite 301 201 Poplar Avenue Memphis, TN 38103 Judge: WOODALL First Paragraph: The Defendants, Redonna T. Hanna and Bernardo C. Lane, appeal as of right from their multiple convictions in the Shelby County Criminal Court. In this appeal, Defendant Hanna presents the following three issues for review: I. Whether the evidence was sufficient to identify Defendant Hanna as the perpetrator of the crimes; II. Whether the trial court erred in denying Defendant Hanna's motion to suppress his confession as involuntary; and III. Whether the convictions for both first degree felony murder and premeditated first degree murder violated Defendant Hanna's double jeopardy rights. Defendant Lane presents the following two issues for review: I. Whether the evidence was sufficient to identify Defendant Lane as the perpetrator of the crimes; and II. Whether the convictions for both first degree felony murder and premeditated first degree murder violated Defendant Lane's double jeopardy rights. After a careful review of the record, we affirm all convictions of both Defendants. http://www.tba.org/tba_files/TCCA/Hannart_opn.WP6
GAILE K. OWENS VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Paul J. Morrow, Jr. Paul G. Summers Staff Attorney Attorney General and Reporter Post-Conviction Defender 460 James Robertson Parkway Michael E. Moore 2nd Floor Solicitor General Nashville, TN 37243-0505 Alice B. Lustre Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 Judge: HAYES First Paragraph: In this capital case, the appellant, Gaile K. Owens, appeals as of right the judgment of the Criminal Court of Shelby County denying her petition for post-conviction relief. In 1986, the appellant was convicted of accessory before the fact to first degree murder. In a joint trial, the appellant's co-defendant, Sidney Porterfield, was also convicted of first degree murder and following a separate sentencing hearing, both were sentenced to death by electrocution. The appellant's conviction and sentence were affirmed on direct appeal by the Tennessee Supreme Court. See State v. Porterfield, 746 S.W.2d 441 (Tenn.), reh'g denied, (1988), cert. denied, 486 U.S. 1017, 108 S.Ct. 1756 (1988). http://www.tba.org/tba_files/TCCA/Owensgk_opn.WP6
STATE OF TENNESSEE VS. JEFFERY RUSSELL UTLEY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GUY T. WILSON PAUL G. SUMMERS District Public Defender Attorney General & Reporter RICHARD W. DEBERRY PATRICIA C. KUSSMAN Assistant Public Defender Assistant Attorney General 117 North Forrest Avenue 425 Fifth Ave. N., 2d Floor Camden, TN 38320 Nashville, TN 37243-0493 G. ROBERT RADFORD District Attorney General 111 Church Street Huntingdon, TN 38344 JOHN W. OVERTON Assistant District Attorney General P.O. Box 484 Savannah, TN 38372-0484 Judge: WITT First Paragraph: The defendant, Jeffery Russell Utley, appeals from his sentences imposed for arson and theft in the Hardin County Circuit Court. See Tenn. Code Ann. SS 39-14-301(a), -14-103 (1997). The trial court imposed concurrent three-year sentences in the Tennessee Department of Correction. In this direct appeal, the defendant challenges the manner of service of his sentences. After a review of the record, the briefs of the parties, and the applicable law, we affirm the trial court. http://www.tba.org/tba_files/TCCA/Utleyjr_opn.WP6

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