October 29, 1999
Volume 5 -- Number 149

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
04 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

						
						
STATE OF TENNESSEE
VS,
WANDA E. DAVIS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:      FOR THE APPELLEE:

HUGH GREEN              PAUL G. SUMMERS
100 Public Square       Attorney General & Reporter
Lebanon, TN  37087
                        ELIZABETH B. MARNEY
                        Assistant Attorney General
                        425 Fifth Avenue North
                        Nashville, TN  37243

                        TOM P. THOMPSON, JR.
                        District Attorney General

                        JERRY HUNT
                        Assistant District Attorney
                        119 S. College St.
                        Lebanon, TN  37087                         

Judge: SMITH

First Paragraph:


The appellant, Wanda E. Davis, was convicted by a Wilson County jury
of one (1) count of driving under the influence, second offense.  She
was fined $600, and the trial court sentenced her to eleven (11)
months and twenty-nine (29) days in jail; all but 45 days of the
sentence was suspended.

http://www.tba.org/tba_files/TCCA/daviswe.wpd



DEWAYNE GENTRY VS. STATE OF TENNESSEE ORDER Court:TCCA Judge: PEAY First Paragraph: This matter is before the Court upon the state's motion requesting that the judgment in the above-styled cause be affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals Rules. Having reviewed the state's motion, the petitioner's brief, and the record on appeal, we find that the motion is well taken. http://www.tba.org/tba_files/TCCA/GENTRyd.wpd
STATE OF TENNESSEE VS. DERRICK JENKINS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: FRANK JASPER RUNYON, III PAUL G. SUMMERS 301 Main Street Attorney General & Reporter Clarksville, TN 37040 KIM R. HELPER Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 JOHN WESLEY CARNEY, JR. District Attorney General HELEN OWSLEY YOUNG Assistant District Attorney 204 Franklin Street , Suite 200 Clarksville, TN 37040-3420 Judge: WILLIAMS First Paragraph: The defendant, Derrick Jenkins, appeals a certified question of law. He pled guilty to two sales of over 0.5 grams of Schedule II controlled substance, cocaine. The Montgomery County Circuit Court sentenced him to two concurrent 15 year sentences. The defendant asserts that the Drug-Free School Zone Act, by which the trial court raised the classification for the offenses from Class B to Class A felony offenses, is unconstitutional. We disagree and AFFIRM the trial court's judgment. http://www.tba.org/tba_files/TCCA/JENKINSD.wpd
DANIEL BENSON TAYLOR VS. STATE OF TENNESSEE ORDER Court:TCCA Judge: SMITH First Paragraph: This matter is before the Court upon the petitioner's "Motion for an Opportunity to be Heard." Originally, this Court granted the state's motion to affirm the judgment of the trial court pursuant to Rule 20, Tennessee Court of Criminal Appeals. The petitioner then filed a petition to rehear which was also denied. Finally, the petitioner filed the motion now before the Court. http://www.tba.org/tba_files/TCCA/TAYLORDB1.wpd

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