September 27, 1999
Volume 5 -- Number 131

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):
 
03 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
03 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Judicial Ethics Opinion(s)
01 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Lucian T. Pera
Editor-in-Chief, TBALink


PROMISE DOE,  ET AL.
VS.
DONALD SUNDQUIST, ET AL.

Court:TSC

Attorneys:                          
For Appellants:                     For Appellees:

Paul G. Summers                     Larry L. Crain
Attorney General and Reporter       AMERICAN CENTER 
                                    FOR LAW AND JUSTICE
Michael E. Moore                    Brentwood, Tennessee
Solicitor General
                                    Kevin H. Theriot
Dianne Stamey Dycus                 AMERICAN CENTER
Deputy Attorney General             FOR LAW AND JUSTICE
Nashville, Tennessee                Panama City Beach, Florida


For Amici Curiae,
Teresa Evetts Horton, et al.:

Frederick F. Greenman, Jr.          Harlan Dodson, III
DEUTSCH, KLAGSBRUN & BLASBAND       Anne C. Martin
New York, New York                  Julie K. Sandine
                                    DODSON, PARKER & BEHM 
Robert D. Tuke                      Nashville, Tennessee
TUKE, YOPP & SWEENEY
Nashville, Tennessee

Judge:ANDERSON

First Paragraph:

We granted this appeal to decide whether legislation allowing
disclosure of sealed adoption records to adopted persons over the age
of 21 impairs the vested rights of birth parents who surrendered
children under the prior law and thus constitutes retrospective
legislation in violation of article I, section 20 of the Tennessee
Constitution.  We also have considered whether the legislation
violates the right to privacy under the Tennessee Constitution.

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






STATE OF TENNESSEE
VS.
DAVID KEITH LANE

Court:TSC

Attorneys:                          
For Appellant:              For Appellee:

KENNETH F. IRVINE, JR.      JOHN KNOX WALKUP
Knoxville, TN               Attorney General and Reporter

                            MICHAEL E. MOORE
                            Solicitor General

                            TIMOTHY F. BEHAN
                            Assistant Attorney General
                            Nashville, TN

                            JERRY N. ESTES
                            District Attorney General
                            Athens, TN

                            REBBLE S. JOHNSON
                            Asst. District Attorney General
                            Cleveland, TN
                            
Judge:BIRCH

First Paragraph:

We granted review in this case in order to resolve two sentencing
issues.  In the first, the defendant, David Keith Lane, contends that
the trial court should have used the criteria set forth in State v.
Wilkerson, 905 S.W.2d 933 (Tenn. 1995), (rather than the provisions of
Tenn. Code Ann. S 40-35-115(b)(5)(1997)) to determine whether to
impose consecutive sentences.  In the second, the defendant asserts
that he should have been granted alternative sentencing, contending
that the trial court's denial of alternative sentencing was based, at
least in part, upon a consideration of a conviction since dismissed
and expunged from his record.  Because we find that the trial court
properly applied the laws and principles governing sentencing in both
issues, we affirm the judgment of the Court of Criminal Appeals.

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






MICHELE P. MUHLHEIM
VS.
KNOX COUNTY BOARD OF
EDUCATION
and
JOANNE I. HAYDEN, A Citizen and
Resident of Knox County, Tennessee
VS.
KNOX COUNTY

Court:TSC

Attorneys:                          
FOR APPELLANT MUHLHEIM:         FOR APPELLANT HAYDEN:

WILLIAM C. CREMINS              J. ANTHONY FARMER
Knoxville                       Knoxville

                                FOR APPELLEE:

                                WENDELL K. HALL
                                Knoxville
                     
Judge:HOLDER

First Paragraph:

We granted this consolidated interlocutory appeal to determine whether
a school board, which is initially exempted by statute from providing
workers' compensation coverage, may divide its employees along
professional and nonprofessional lines, providing workers'
compensation benefits for nonprofessional, nonunion employees while
excluding certified teachers who are represented by a union.  We
conclude that the Board made a valid division of its workforce
pursuant to Tenn. Code Ann. S 50-6-106(5) (1991) (current version
found at Supp. 1998).  Accordingly, we reverse the trial court's
denial of the defendant's motions for summary judgment.

http://www.tba.org/tba_files/TSC/Muhlheim_2.WP6






SUPREME COURT OF TENNESSEE 
STATE LIST FOR PERMISSION TO APPEAL

Certiorari List

http://tscaoc.tsc.state.tn.us/OPINIONS/TSC/Certlist.htm






WILLIE LEE BENFORD
VS.
STATE OF TENNESSE

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:          FOR THE APPELLEE:
    

RICHARD HEDGEPATH, JR.      PAUL G. SUMMERS
4800 Charlotte Pike         Attorney General & Reporter
Nashville, TN 37209
                            TODD R. KELLEY
                            Asst. Attorney General
                            Cordell Hull Bldg., 2nd Fl.
                            425 Fifth Ave., North
                            Nashville, TN 37243-0493
                                
                            VICTOR S. JOHNSON, III
                            District Attorney General 
                
                            ROGER MOORE
                            Asst. District Attorney General
                            Washington Square, Suite 500
                            222 Second Ave., North
                            Nashville, TN 37201-1649
                            
Judge:PEAY

First Paragraph:

On January 23, 1997, the petitioner pled guilty to one count of rape
of a child and entered a best interest plea to a second count of rape
of a child.  Pursuant to a plea agreement, the petitioner was
sentenced to a term of fifteen years on each count.  These sentences
were to run concurrently.  The petitioner's subsequent post-conviction
petition was denied by the lower court after an evidentiary hearing. 
The petitioner now appeals and contends that his guilty plea was not
voluntarily, knowingly, or understandingly entered and that he was
denied the effective assistance of counsel.  After a review of the
record and applicable law, we find no merit to the defendant's
contentions and thus affirm the judgment of the lower court.

http://www.tba.org/tba_files/TCCA/BENFORDW_wpd.WP6






STATE OF TENNESSEE
VS.
CEDRON ORGAIN

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:          FOR THE APPELLEE:

MICHAEL R. JONES            PAUL G. SUMMERS
District Public Defender    Attorney General & Reporter
110 Sixth Avenue West  
Springfield, TN  37172      MARK E. DAVIDSON
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN  37243-0493

                            JOHN WESLEY CARNEY, JR.
                            District Attorney General

                            C. DANIEL BROLLIER, JR.
                            Assistant District Attorney General
                            204 Franklin Street, Suite 200
                            Clarksville, TN  37040-3420
                            
Judge:GLENN

First Paragraph:

On April 27, 1998, a Montgomery County jury convicted the defendant,
Cedron Orgain, of one count of coercion of a witness.  The trial court
imposed an effective sentence of four years, with six months to be
served in the county jail and the remainder of the sentence to be
served in the Community Corrections Program.  The defendant timely
appealed, challenging the sufficiency of the evidence.  Based upon our
review of this matter, we affirm the decision of the trial court.

http://www.tba.org/tba_files/TCCA/ORGAINC_wpd.WP6






STATE OF TENNESSEE
VS.
BRUCE EDWARD ROCHEFORT

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:                  FOR THE APPELLEE:

BRUCE EDWARD ROCHEFORT              PAUL G. SUMMERS
CCA/SCCC                            Attorney General & Reporter
P.O. Box 279                    
Clifton, Tennessee  38425-0279      CLINTON J. MORGAN
                                    Counsel for the State
                                    425 Fifth Avenue North
                                    Nashville, Tennessee  37243-0493
                                
Judge:LAFFERTY

First Paragraph:

The appellant, Bruce E. Rochefort, referred herein as "the
petitioner," has appealed as of right from the summary dismissal of
his petition for post-conviction relief by the Dekalb County Criminal
Court.  The petitioner presents one issue on appeal: 1. Whether the
trial court erred in dismissing his petition for post- conviction
relief?

After a review of the record, briefs of the parties, and appropriate
law, we AFFIRM the trial court's judgment.

http://www.tba.org/tba_files/TCCA/ROCHEFOR_wpd.WP6






BOARD OF PROFESSIONAL RESPONSIBILITY
                OF THE
   SUPREME COURT OF TENNESSEE

FORMAL ETHICS OPINION 99-F- 143(a)

First Paragraph:

Board of Professional Responsibilitv Formal Ethics Opinion 99-F-143
(6-14-99) addresses the increasing tendency of insurance companies to
audit the bills and files of attorneys retained to represent their
insureds. The opinion states that prior to allowing auditors to review
attorney's bills and case files, client consent must be given. The
opinion also mandates that attorneys are not allowed to enter into any
agreement to represent an insured whereby the insurance company has
the power to direct the manner of the attorney's representation.

http://www.tba.org/rules/feo143a.html

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