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November 24, 1999
Volume 5 -- Number 162
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):
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| 02 |
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 |
| 01 |
New Opinion(s) from the Tennessee Court of Appeals |
| 05 |
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
CORETTA SCOTT KING, MARTIN LUTHER KING, III, BERNICE KING, DEXTER SCOTT
KING, and YOLANDA KING
VS.
LOYD JOWERS, and other unknown co-conspirators
and
MEMPHIS PUBLISHING COMPANY
Court:TSC
Judge: PER CURIAM
First Paragraph:
Upon consideration of the application for permission to appeal filed
by Memphis Publishing Company in this cause, the Court is of the
opinion that the application should be, and is, hereby granted.
http://www.tba.org/tba_files/TSC/corettaking.wpd
HECK VAN TRAN
VS.
STATE OF TENNESSEE
SEPARATE CONCURRING AND DISSENTING OPINION
Court:TSC
Attorneys:
FOR APPELLANT: FOR APPELLEE:
Brock Mehler Paul G. Summers
Nashville, Tennessee Attorney General & Reporter
William D. Massey Michael E. Moore
Memphis, Tennessee Solicitor General
Kathy Morante
Deputy Attorney General
Jennifer L. Smith
Assistant Attorney General
Criminal Justice Division
Nashville, Tennessee
William L. Gibbons
District Attorney General
30th Judicial District
John Campbell
Assistant District Attorney
Memphis, Tennessee
Glenn R. Pruden
Assistant Attorney General
Nashville, Tennessee
Judge: DROWOTA
First Paragraph:
We granted the application for permission to appeal filed on behalf of
petitioner Heck Van Tran in order to clarify the procedure by which a
prisoner who has been sentenced to death may raise the issue of
present mental competency to be executed. The petitioner attempted to
raise this issue in a petition for relief under the Post-Conviction
Procedure Act, Tenn. Code Ann. SS 40-30-201 to -222 (1997). Both the
trial court and the Court of Criminal Appeals held that a proceeding
for post-conviction relief is not the appropriate avenue for
litigating the issue of competency to be executed. We agree with the
lower courts that a petition for post-conviction relief is not the
appropriate mechanism for raising the issue. Indeed, we have
determined that there currently is no Tennessee statute that contains
a procedure for litigating the issue of present competency.
http://www.tba.org/tba_files/TSC/vantrahn_opn.wpd
SEPARATE CONCURRING AND DISSENTING OPINION
http://www.tba.org/tba_files/TSC/VanTranh_dis.wpd
CHIP HARBOUR
VS.
KELSAY PLUMBING COMPANY
Court:TCA
Attorneys:
For Appellant For Appellee
DANIEL J. RIPPER RONALD J. BERKE
Luther - Anderson, PLLP Berke, Berke & Berke
Chattanooga, Tennessee Chattanooga, Tennessee
Judge: SUSANO
First Paragraph:
This litigation arose out of work performed by the defendant Kelsay
Plumbing Company ("Kelsay Plumbing") in connection with the plumbing
contract on a new house built by the plaintiff Chip Harbour
("Harbour"). In response to a question posed to it, the jury
determined that "there [was] negligence on the part of [Kelsay
Plumbing], which caused loss or damage to [Harbour]." It awarded
damages of $100,000.
http://www.tba.org/tba_files/TCA/HARBOURC.wpd
STATE OF TENNESSEE
VS.
DAVID CALLOWAY
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Robert E. Cupp Paul G. Summers
409 East Watauga Avenue Attorney General of Tennessee
Johnson City, TN 37601 and
(AT TRIAL) Erik W. Daab
Assistant Attorney General of Tennessee
E. Lynn Dougherty 425 Fifth Avenue North
Thomas J. Seeley, III Nashville, TN 37243-0493
131 Eighth Street
Post Office Box 189 Joe C. Crumley, Jr.
(ON APPEAL) District Attorney General
and
Kenneth C. Baldwin
Assistant District Attorney General
900 East Elk Avenue
Elizabethton, TN 37643
Judge: TIPTON
First Paragraph:
The defendant, David Calloway, appeals as of right from his
convictions by a jury in the Carter County Criminal Court for five
counts of aggravated sexual battery, a Class B felony, and twenty-four
counts of rape of a child, a Class A felony. The defendant received a
total sentence of one-hundred twenty-one years to be served in the
Department of Correction.
http://www.tba.org/tba_files/TCCA/CALLOW~1.wpd
STATE OF TENNESSEE
VS.
THOMAS E. CHAMBERS
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Kenneth F. Irvine, Jr. Paul G. Summers
Post Office Box 84 Attorney General of Tennessee
Knoxville, TN 37901-0084 and
Erik W. Daab
Assistant Attorney General of Tennessee
425 Fifth Avenue North
Nashville, TN 37243
Randall E. Nichols
District Attorney General
and
Robert L. Jolley, Jr.
Assistant District Attorney General
Post Office Box 1468
Knoxville, TN 37901-1468
Judge: TIPTON
First Paragraph:
The defendant, Thomas E. Chambers, appeals as of right following his
conviction by a jury in the Knox County Criminal Court for first
degree murder. The defendant was sentenced to life imprisonment in
the custody of the Department of Correction. He contends that the
evidence is insufficient to support his conviction and that the trial
court erred by not instructing the jury on his failure to flee the
scene. We affirm the judgment of conviction.
http://www.tba.org/tba_files/TCCA/CHAMBE~1.wpd
STATE OF TENNESSEE
VS.
ALLEN DALE CUTSHAW
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
THOMAS D. SHELBURNE PAUL G. SUMMERS
100 West Main Street Attorney General & Reporter
P. O. Box 608
Rogersville, TN 37857 CLINTON J. MORGAN
(On Appeal) Assistant Attorney General
425 Fifth Avenue North
JOHN T. MILBURN ROGERS Nashville, TN 37243-0493
100 South Main Street
Greeneville, TN 37743 C. BERKELEY BELL, JR.
(At Trial) District Attorney General
KENNETH N. BAILEY, JR. ERIC D. CHRISTIANSEN
100 South Main Street Assistant District Attorney General
Greeneville, TN 37743
(At Trial) CECIL C. MILLS, JR.
Assistant District Attorney General
109 South Main Street, Suite 501
Greeneville, TN 37743
Judge: GLENN
First Paragraph:
The defendant, Allen Dale Cutshaw, was indicted by the Greene County
grand jury for first degree murder in the death of J. R. Metcalf. The
defendant admitted to killing the victim, but argued the killing was
in self-defense. A jury convicted the defendant on the lesser
included offense of second degree murder. The jury fixed a fine of
$25,000. After a sentencing hearing, the trial court sentenced the
defendant to the maximum sentence of twenty-five years.
http://www.tba.org/tba_files/TCCA/CUTSHA~1.wpd
KENNETH ROMINES, a/k/a RAYMOND ROMINES
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ALBERT J. NEWMAN, JR. PAUL G. SUMMERS
Suite 500 Burwell Building Attorney General & Reporter
602 South Gay Street
Knoxville, TN 37902 ELLEN H. POLLACK
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
RANDALL EUGENE NICHOLS
District Attorney General
ZANE M. SCARLETT
Assistant District Attorney General
WILLIAM H. CRABTREE
Assistant District Attorney General
400 Main
P.O. Box 1468
Knoxville, TN 37901-1468
Judge: WOODALL
First Paragraph:
The Petitioner, Kenneth Romines, a/k/a Raymond Romines, appeals as of
right from the dismissal of his petition for post-conviction relief by
the Knox County Criminal Court. We affirm pursuant to Tennessee Court
of Criminal Appeals Rule 20.
http://www.tba.org/tba_files/TCCA/ROMINESK.wpd
STATE OF TENNESSEE
VS.
LARRY TRUEBLOOD
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOE H. WALKER PAUL G. SUMMERS
District Public Defender Attorney General & Reporter
ALFRED LEE HATHCOCK, JR. ELIZABETH B. MARNEY
Assistant Public Defender Assistant Attorney General
P.O. Box 334 2nd Floor, Cordell Hull Building
Harriman, TN 37748 425 Fifth Avenue North
Nashville, TN 37243
J. SCOTT McCLUEN
District Attorney General
FRANK HARVEY
Assistant District Attorney General
P.O. Box 703
Kingston, TN 37763-0703
Judge: WOODALL
First Paragraph:
In this case the Defendant appeals as of right from the trial court's
decision that his sentences be served by incarceration in the
Department of Correction rather than through a community-based
alternative sentence. In the trial court and in his brief, Defendant
urges that a sentence of split confinement would be more appropriate.
http://www.tba.org/tba_files/TCCA/TRUEBL~1.wpd
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