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December 7, 1999
Volume 5 -- Number 167
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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| 00 |
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 |
| 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 |
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Lucian T. Pera
Editor-in-Chief, TBALink
SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL
Court:TSC - Rules
http://www.tba.org/tba_files/TSC_Rules/CERTLIST_1206.wpd
STATE OF TENNESSEE
VS.
RHONDA LEIGH BURKHART
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Paul G. Summers Mark Olson
Attorney General of Tennessee 114 Franklin Street
and Clarksville, TN 37040
Michael E. Moore (AT TRIAL)
Solicitor General
and Robert M. Friedman
Daryl J. Brand 100 N. Main Street, Suite 3400
Assistant Solicitor General Memphis, TN 38103
425 Fifth Avenue North (ON APPEAL)
Nashville, TN 37243
William McDaniels
John Wesley Carney, Jr. and
District Attorney General Malachi B. Jones, Jr.
and 725 Twelfth Street, N.W.
Daniel Brollier Washington, D.C. 20005-5901
Asst District Attorney General (ON APPEAL)
204 Franklin Street, Suite 200
Clarksville, TN 37040
Judge: TIPTON
First Paragraph:
The state appeals as of right from the Montgomery County Circuit
Court's dismissal of an indictment charging the defendant, Rhonda
Leigh Burkhart, with knowingly possessing gambling devices,
specifically, six "One-Armed Bandit" video machines, in violation of
Tenn. Code Ann. S 39-17-505. The state contends that the trial court
erred in finding portions of Tenn. Code Ann. SS 39-17-501 and -505
unconstitutionally vague and overbroad. We hold that the statutes are
constitutionally sound and we reverse the dismissal of the indictment.
http://www.tba.org/tba_files/TCCA/Burkhart.wpd
STATE OF TENNESSEE
VS.
ARTHUR COPELAND
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ROBERT W. WHITE PAUL G. SUMMERS
404 Ellis Avenue Attorney General & Reporter
Maryville, TN 37804
ELLEN H. POLLACK
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
MIKE FLYNN
District Attorney General
WILLIAM REED
Assistant District Attorney
363 Court Street
Maryville, TN 37804
Judge: SMITH
First Paragraph:
The appellant, Arthur Copeland, was convicted by a Blount County jury
of one (1) count of simple assault, a Class A misdemeanor. The trial
court sentenced him to eleven (11) months and twenty-nine (29) days in
the county jail and ordered that the appellant's sentence for assault
run consecutively to his sentence for a prior aggravated robbery
conviction. On appeal, the appellant claims that the trial court
erred in (1) imposing sentence immediately after the jury rendered its
verdict without affording the appellant a separate sentencing hearing;
and (2) ordering consecutive sentences. After thoroughly reviewing
the record before this Court, we conclude that there is no evidence in
the record to support the trial court's imposition of consecutive
sentences. Therefore, this case is remanded to the trial court for
another sentencing hearing.
http://www.tba.org/tba_files/TCCA/copelandart.wpd
STATE OF TENNESSEE
VS.
RONALD REECE CROSS
Court:TCCA
Attorneys:
FOR THE APPELLEE: FOR THE APPELLANT:
TERRY JORDAN PAUL G. SUMMERS
Ofc. of the Public Defender Attorney General & Reporter
P. O. Box 839
Blountville, TN 37617 TODD R. KELLEY
Assistant Attorney General
GERALD L. GULLEY, JR. 425 Fifth Avenue North
Contract Appellate Defender Nashville, TN 37243-0493
P. O. Box 1708
Knoxville, TN 37901-1708 GREELEY WELLS
District Attorney General
JOSEPH EUGENE PERRIN
Assistant District Attorney
Main Street
Springfield, TN 37172
Judge: SMITH
First Paragraph:
On July 21, 1998, Ronald Reece Cross (the "defendant") pled guilty to
the following charges arising out of a single incident: violating an
habitual traffic offender order, evading arrest, driving under the
influence of alcohol (eighth offense), running a stop sign, reckless
driving, and violation of registration. Following a sentencing
hearing on the above charges, the trial court denied alternative
sentencing for the defendant, and instead ordered the defendant to
serve an effective ten (10) year, eleven (11) month, and twenty-nine
(29) day sentence.
http://www.tba.org/tba_files/TCCA/crossrr.wpd
JOHN PAUL SEALS
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Greg W. Eichelman Paul G. Summers
Ofc. of the Public Defender Attorney General and Reporter
Third Judicial District
1609 College Park Drive Clinton J. Morgan
Morristown, TN 37813 Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
John F. Dugger, Jr.
Assistant District Attorney General
510 Allison Street
Morristown, TN 37814
Judge: WADE
First Paragraph:
The petitioner, John Paul Seals, entered a guilty plea to first degree
murder on December 12, 1988. The state had originally sought the
death penalty. The trial court imposed a life sentence. Six years
later, the petitioner filed a petition for writ of habeas corpus or,
in the alternative, post-conviction relief. The trial court, which
treated the petition as one for post-conviction relief, dismissed
based upon the statute of limitations. This court affirmed on direct
appeal. John Paul Seals v. State, No. 03C01-9409-CR-00319 (Tenn.
Crim. App., at Knoxville, Feb. 22, 1995), perm. app. denied, (Tenn.
1995). On January 7, 1998, the petitioner filed this claim for
post-conviction relief alleging several constitutional violations.
The petitioner argued that the statute of limitations should not apply
because he had been mentally incompetent since before the commission
of the offense.
http://www.tba.org/tba_files/TCCA/sealsjp.wpd
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