September 28, 1999
Volume 5 -- Number 132

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
00 New Opinion(s) from the Tennessee Court of Appeals
02 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


STATE OF TENNESSEE
VS.
DOROTHY J. FLEMING

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:          FOR THE APPELLEE:

WAYNE CHASTAIN              JOHN KNOX WALKUP
66 Monroe, Suite 804        Attorney General & Reporter
Memphis, TN  38103 
                            PETER M. COUGHLAN
STEFFEN SCHREINER           Assistant Attorney General
369 North Main Street       2nd Floor, Cordell Hull Building
Memphis, TN  38103          425 Fifth Avenue North 
                            Nashville, TN  37243

                            JOHN W. PIEROTTI 
                            District Attorney General 

                            PAUL H. WULFF
                            Assistant District Attorney General
                            Criminal Justice Center, Suite 301
                            201 Poplar Avenue 
                            Memphis, TN  38103
                            
Judge:WOODALL

First Paragraph:

On April 10, 1997, the Shelby County Grand Jury indicted Appellant
Dorothy J. Fleming and co-defendant James W. Fleming for aggravated
assault.  Following a jury trial on January 6-8, 1998, Appellant was
convicted of aggravated assault and the co-defendant was convicted of
simple assault.  After a sentencing hearing on February 6, 1998, the
trial court sentenced Appellant as a Range I standard offender to
three months of house arrest followed by two years and nine months of
probation and the court placed the co-defendant on judicial diversion.
 Appellant challenges her conviction, raising the following issue:
whether the trial court erred when it ruled that Appellant could not
introduce evidence about an alleged prior incident in which the victim
acted violently towards a third party.  The co-defendant has not
joined in this appeal.  After a review of the record, we reverse the
judgment of the trial court and we remand this matter for a new trial.

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






STATE OF TENNESSEE
VS.
JOSEPH HART, A.K.A,     
ALBERT CROSS

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:              FOR THE APPELLEE:

JOSEPH ALBERT HART (pro se)     PAUL G. SUMMERS     
P.O. Box 7001                   Attorney General & Reporter 
Taft, CA 93268
                                PATRICIA C. KUSSMAN
                                Assistant Attorney General
                                425 Fifth Ave. N., 2d Floor
                                Nashville, TN  37243-0493
                            
                                C. PHILLIP BIVENS
                                District Attorney General
                                115 E. Market Street
                                P.O. Box E
                                Dyersburg, TN 38025-2005
                            
Judge:WITT

First Paragraph:

The defendant, Joseph Hart, appeals the Dyer County Circuit Court's
denial of his motions to dismiss the 1987 indictment against him for
obtaining money under false pretenses and grand larceny.  See Tenn.
Code Ann. SS 39-3- 901, -1101 (1982) (repealed 1989). The defendant
pleaded guilty to obtaining money under false pretenses on December 5,
1990. The trial court has not imposed a sentence on the defendant. In
this appeal, the defendant alleges his right to a speedy trial has
been violated because a sentence has not been imposed during the
eight-year period since his guilty plea. Additionally, the defendant
claims  the indictments against him should be dismissed because the
state has failed to comply with the Interstate Compact on Detainers
Act.  After a review of the record, the briefs of the parties, and the
applicable law, we reverse the trial court's order dismissing the
defendant's speedy trial issue and remand for further consideration
consistent with this opinion, and we affirm the trial court's order
dismissing the defendant's Interstate Compact on Detainers issue.

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






BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE

FORMAL ETHICS OPINION 99-F-144

First Paragraph:

Lawyers listing areas of practice on the Internet, including law
directories or other    Web sites available to the public, should
comply with the certification of specialization disclosure
requirements of DR 2-101(C)

http://www.tba.org/tba_files/TSC_Rules/FEO144_wpd.WP6

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