October 18, 1999
Volume 5 -- Number 144

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):
 
02 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
07 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

						
						
JOHN L. GOODWIN, III
VS.
HENDERSONVILLE POLICE DEPARTMENT
DAVID L. KEY, Police Chief, and R. J. THOMPSON, Mayor

Court:TSC

Attorneys: 

For Appellant:                  For Appellee:

JOHN L. GOODWIN, III            JOHN R. BRADLEY
Pro se                          Hendersonville, TN                         

Judge: BIRCH

First Paragraph:

John L. Goodwin, III, applied for permission to appeal pursuant to
Tenn. R. App. P. 11.  We accepted the case in order to consider two
questions:

1.  Is a convicted felon a "citizen" within the meaning of the Public
Records Act and thereby entitled to utilize its provisions?

2.   Did Goodwin file his notice of appeal in a timely fashion?

After completely examining the record and thoroughly considering the
contentions of the parties, we conclude that both questions must be
answered in the affirmative.

http://www.tba.org/tba_files/TSC/GOODWINj_opn.wpd



SCHERING-PLOUGH HEALTHCARE PRODUCTS, INC VS. STATE BOARD OF EQUALIZATION Court:TSC Attorneys: Defendant/Appellant: Plaintiff/Appellee John Knox Walkup Fred M. Ridolphi, Jr. Attorney General & Reporter Humphreys, Dunlap, Wellford, Acuff & Stanton, P.C. Memphis, Tennessee Michael E. Moore Solicitor General Michael W. Catalano Associate Solicitor General Nashville, Tennessee Amicus Curiae Shelby County and Shelby County Assessor Donnie E. Wilson Shelby County Attorney Robert B. Rolwing Assistant County Attorney Judge: DROWOTA First Paragraph: This case presents for review the decision of the Court of Appeals which reversed the Chancery Court's dismissal of the petition of Schering-Plough Healthcare Products, Inc. ("Schering-Plough") which sought judicial review of a decision of the State Board of Equalization ("Board"). The Chancery Court dismissed the petition after concluding that it lacked subject matter jurisdiction over the action because Schering-Plough had failed to name Shelby County as a party in the petition and had failed to serve Shelby County with a copy of the petition within sixty days of the final decision of the Board. The Court of Appeals reversed the dismissal and held that Tenn. Code Ann. S 4-5-322(b) (1998 Repl.) does not require that all parties to the contested case be named in the petition for review or that copies of the petition be served upon all parties to the contested case within the sixty-day time limitation. We agree and now affirm the decision of the Court of Appeals. http://www.tba.org/tba_files/TSC/SCHERING_OPN.wpd
SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/CERTList_1018.wpd
FRANK BARNARD VS. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: Kyle L. Marquardt Paul G. Summers Attorney for Appellant Attorney General and Reporter 211 Printers Alley, Suite 502 450 James Robertson Parkway Nashville, TN 37201-1414 Nashville, TN 37243-0493 Georgia Blythe Felner Counsel for the State Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243 John Seaborg Washington Square Bldg. Assistant District Attorney General 222 Second Avenue North Nashville, TN 37201-1649 Judge: OGLE First Paragraph: The petitioner, Frank Barnard, appeals the dismissal of his petition for post-conviction relief by the Davidson County Criminal Court on June 11, 1998. On November 13, 1992, the petitioner was convicted by a jury in the Davidson County Criminal Court of first degree murder, felony murder, robbery, and aggravated sexual battery. The trial court merged the felony murder count with the first degree murder count because they arose from the same offense. The petitioner filed a Motion for Judgment of Acquittal and Motion for New Trial. The trial court denied the motion on all grounds except the trial court reversed the robbery conviction. On September 1, 1994, this court affirmed the petitioner's convictions and on November 24, 1994, our supreme court denied further review. State v. Barnard, 899 S.W.2d 617 (Tenn. Crim. App), perm. to appeal denied (Tenn. 1994). http://www.tba.org/tba_files/TCCA/barnardf_opn.wpd
WILLIAM H. HORTON VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL J. FLANAGAN PAUL G. SUMMERS 95 White Bridge Road, Suite 208 Attorney General & Reporter Nashville, TN 37205 ELIZABETH T. RYAN 425 Fifth Avenue North Nashville, TN 37243 VICTOR S. (TORRY) JOHNSON III District Attorney General JOHN C. ZIMMERMAN Assistant District Attorney Washington Square 222 Second Avenue North Nashville, TN 37201 Judge: WILLIAMS First Paragraph: The petitioner, William H. Horton, appeals the trial court's denial of his petition for post-conviction relief. The petitioner contends that he received ineffective assistance of counsel at trial and on direct appeal, as well as prosecutorial misconduct. After careful review, we AFFIRM the judgment of the trial court. http://www.tba.org/tba_files/TCCA/HORTONWH.wpd
STATE OF TENNESSEE VS. KENNETH A. JOHNSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: KARL DEAN PAUL G. SUMMERS District Public Defender Attorney General & Reporter JEFFREY A. DeVASHER MARVIN E. CLEMENTS, JR. Assistant Public Defender Assistant Attorney General 2nd Floor, Cordell Hull Building JOAN A. LAWSON 425 Fifth Avenue North Assistant Public Defender Nashville, TN 37243 ALLAN CALHOUN VICTOR S. JOHNSON, III Assistant Public Defender District Attorney General 1202 Stahlman Building Nashville, TN 37201 DIANE LANCE Assistant District Attorney General DAN HAMM Assistant District Attorney General Washington Square - Suite 500 222 Second Avenue North Nashville, TN 37201-1649 Judge: WOODALL First Paragraph: On March 20, 1998, the Davidson County Grand Jury indicted Appellant Kenneth Allen Johnson for two counts of aggravated sexual battery, two counts of rape, and one count of sexual battery. Following a jury trial on March 23-25, 1998, Appellant was convicted of one count of rape and two counts of simple assault. After a sentencing hearing on July 1, 1998, the trial court imposed a ten year sentence for the rape conviction and a six month sentence for each of the simple assault convictions. In addition, the trial court set Appellant's release eligibility percentage at 100% for the rape sentence and 75% for each of the simple assault sentences. The trial court also ordered the sentences for the simple assault convictions to run concurrently to each other, but consecutively to the sentence for the rape conviction. On August 14, 1998, the trial court dismissed Appellant's convictions for simple assault because they were barred by the statute of limitations. Appellant challenges his sentence for the rape conviction, raising the following issues: 1) whether the trial court imposed an excessive sentence; and 2) whether the trial court erred when it set the release eligibility percentage at 100%. After a review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/johnsnka_opn.wpd
TOMMY LEE KELLEY VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JENNIFER LYNN THOMPSON PAUL G. SUMMERS 715 Crescent Road Attorney General and Reporter Nashville, TN 37205 MARK E. DAVIDSON Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 VICTOR S. JOHNSON District Attorney General BRET T. GUINN Assistant District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201-1649 Judge: WELLES First Paragraph: The Defendant appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure from the trial court's denial of his petition for post-conviction relief. In a negotiated plea agreement, the Defendant pleaded guilty to two counts of aggravated burglary. His agreed sentence for each conviction was seven years as a Range II multiple offender, with the sentences to be served concurrently. He subsequently petitioned for post-conviction relief, alleging that his guilty pleas were not knowing and voluntary and that he received ineffective assistance of counsel. After conducting an evidentiary hearing on the post-conviction petition, the trial judge denied the Defendant's claim. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Kelleytl_ord.wpd
STATE OF TENNESSEE VS. DONALD K. MOORE, JR. Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MONTE D. WATKINS PAUL G. SUMMERS 1510 Parkway Towers Attorney General & Reporter Nashville, TN 37219 LUCIAN D. GEISE Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 VICTOR S. JOHNSON, III District Attorney General KATRIN NOVAK MILLER Assistant District Attorney General DERRICK SCRECHEN Assistant District Attorney General Washington Square - Suite 500 222 Second Avenue North Nashville, TN 37201-1649 Judge: WOODALL First Paragraph: On July 29, 1996, the Davidson County Grand Jury indicted Defendant Donald K. Moore, Jr., for one count of first degree murder and one count of felony murder. Following a jury trial on May 11-12, 1998, Defendant was convicted of one count of second degree murder. After a sentencing hearing on June 15, 1998, the trial court sentenced Defendant as a Range I standard offender to a term of twenty-one years in the Tennessee Department of Correction. In addition, the trial court ordered this sentence to run consecutively to sentences that had previously been imposed in another case. Defendant challenges both his conviction and his sentence, raising the following issues: 1) whether the evidence was sufficient to support his conviction; and 2) whether the trial court erred when it ordered his sentence to run consecutively to other sentences that were previously imposed in another case. After a review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/mooredk_opn.wpd
STATE OF TENNESSEE VS. DELBERT G. MOSHER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: PHILIP A. CONDRA PAUL G. SUMMERS District Public Defender Attorney General & Reporter FRANCIS W. PRYOR, JR. ELIZABETH B. MARNEY Assistant Public Defender Assistant Attorney General 200 Betsy Pack Drive 425 Fifth Avenue North P. O. Box 220 Nashville, TN 37243-0493 Jasper, TN 37347-0220 JAMES MICHAEL TAYLOR District Attorney General WILLIAM B. COPELAND Assistant District Attorney General 265 Third Avenue, Suite 300 Dayton, TN 37321 Judge: GLENN First Paragraph: On May 6, 1997, a Franklin County grand jury indicted the defendant, Delbert G. Mosher, on two counts of aggravated sexual battery. On January 9, 1998, a jury found the defendant guilty of two counts of the lesser included offense, attempt to commit aggravated sexual battery. After a sentencing hearing on March 4, 1998, the trial court sentenced the defendant to the maximum of ten years for each conviction to run consecutively for a total of twenty years. After denial of his post trial motions, Mosher timely appealed. Based upon our review of the record, and of applicable law, we affirm the order of the trial court. http://www.tba.org/tba_files/TCCA/MOSHERDG.wpd
STATE OF TENNESSEE VS. HAROLD LYNN WOODROOF Court:TCCA Attorneys: FOR THE Defendant: FOR THE APPELLEE: JOHN E. HERBISON PAUL G. SUMMERS 2016 Eighth Avenue South Attorney General & Reporter Nashville, TN 37204 MARK E. DAVIDSON Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General DIANE S. LANCE Assistant District Attorney General 222 Second Avenue North, Suite 500 Nashville, TN 37201-1649 Judge: GLENN First Paragraph: The defendant, Harold Lynn Woodroof, appeals as of right his sentence of twenty-six years upon guilty pleas to four counts of aggravated sexual battery and two counts of sexual battery in Davidson County Criminal Court. According to the defendant's plea agreement with the State, the sentence for each of the aggravated sexual battery counts was eight years and the sentence for each of the sexual battery counts was two years. Defendant argues that no evidence supports the consecutive sentences imposed by the trial court. Based upon our review of the record and of applicable law, we affirm the trial court. http://www.tba.org/tba_files/TCCA/WOODROOF.wpd

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