January 6, 2000
Volume 6 -- Number 002

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):
 
01 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

JAMES NAY
VS.
RESOURCE CONSULTANTS, INC. and THE HARTFORD ACCIDENT 

Court:TSC

Attorneys:  

For the Appellant:          For the Appellee:

George M. Allen             Blakeley D. Matthews
Wischhof & Allen            Cornelius & Collins
207 Glancy Square           Suite 2700, Nashville City Center
110 Glancy Street           511 Union Street
Goodlettsville, TN 37072    P.O. Box 190695
                            Nashville, TN   37219-0695                        

Judge:  CORLEW

First Paragraph:

This case is before the Court upon the entire record, including the
order of referral to the Special Workers' Compensation Appeals Panel,
and the Panel's Memorandum Opinion setting forth its findings of fact
and conclusions of law, which are incorporated herein by reference.

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





SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/CERTLIST_0103.wpd





STATE OF TENNESSEE
VS.
JAMES HARRIS

Court:TCCA

Attorneys:  

FOR THE APPELLANT:          FOR THE APPELLEE:

MART S. CIZEK               PAUL G. SUMMERS
245 N Main Street, Ste 100  Attorney General and Reporter
Clinton, TN 37716
                            ELLEN H. POLLACK
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243

                            JAMES M. RAMSEY
                            District Attorney General

                            JAN HICKS
                            Assistant District Attorney General
                            127 Anderson County Courthouse
                            100 North Main Street
                            Clinton, TN 37716
                        

Judge:  WELLES

First Paragraph:

The Defendant, James Harris, appeals as of right his sentence imposed
by the trial court after a remand from this Court.  He was originally
indicted in December 1987 by an Anderson County Grand Jury for assault
with intent to commit first degree murder.  After a jury trial in
October 1988, the Defendant was found guilty of the crime charged and
was sentenced to thirty-five years incarceration.  That conviction and
sentence was upheld by this Court, and the Tennessee Supreme Court
denied review.  Subsequently, the Defendant filed a petition for
post-conviction relief which was granted on the basis of ineffective
assistance of counsel due to counsel's failure to communicate a plea
offer to the Defendant.

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





STATE OF TENNESSEE
VS.
LINDA SUE KAYWOOD and RICKY HARBIN

Court:TCCA

Attorneys:  

For the Appellant:          For the Appellee:

Lu Ann Ballew               Paul G. Summers
Assistant Public Defender   Attorney General of Tennessee
Post Office Box 416             and
Dandridge, TN 37725         Erik W. Daab
                            Assistant Attorney General of Tennessee                     
                            425 Fifth Avenue North  
                            Nashville, TN 37243

                            Alfred C. Schmutzer, Attorney 
                            District Attorney General
                                and
                            W. Brownlow Marsh
                            Assistant District Attorney General
                            125 Court Avenue
                            Sevierville, TN 37862
                        

Judge:  TIPTON

First Paragraph:

The defendants, Linda Sue Kaywood and Ricky Harbin, appeal as of right
the sentences they received in the Grainger County Circuit Court. 
Both defendants pled guilty to abuse of a child under six, a Class D
felony, and to misdemeanor child abuse.  The trial court sentenced
them each as Range I, standard offenders to four years in the
Department of Correction for the felony and to a concurrent eleven
months and twenty-nine days for the misdemeanor, requiring
seventy-five percent of the sentence to be served.  The defendants
challenge both the length and manner of service of their sentences. 
We affirm the judgments of the trial court as to the manner of service
but modify the sentences to three years for each defendant.

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





JEFF H. KING, SR.
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

For Appellant:              For Appellee:

Edward C. Miller            Paul G. Summers
Public Defender             Attorney General & Reporter
P. O. Box 416
Dandridge, TN  37725        Elizabeth B. Marney
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN  37243-0493

                            Al Schmutzer, Jr.
                            District Attorney General
                            125 Court Avenue
                            Sevierville, TN  37862
                        

Judge:  GLENN

First Paragraph:

Petitioner, Jeff H. King, Sr., filed a "Petition for Writ of Habeas
Corpus" on April 7, 1997, alleging his eight unspecified convictions
in the Sevier County Circuit Court should be set aside because his
guilty pleas were invalid.  The trial court held that the pleading
should be treated as a petition for post-conviction relief because it
did not allege that the convictions were void or the sentences had
expired.  Because the petitioner's last conviction was entered on
August 2, 1993, the trial court dismissed the petition as time barred
by the one-year statute of limitations.  The petitioner appealed,
arguing this court's decision in Arnold Carter v. State, No.
03C01-9509-CC-00270, 1996 WL 389243 (Tenn. Crim. App., Knoxville, July
11, 1996), rev'd, 952 S.W.2d 417 (Tenn. 1997), provides an additional
one-year window for the filing of a petition for post-conviction
relief.  Based on our review of this matter, we affirm the decision of
the trial court.

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





STATE OF TENNESSEE
VS.
VERONICA PHILLIPS

Court:TCCA

Attorneys:  

FOR THE APPELLEE:       FOR THE APPELLANT:

GREGORY D. SMITH        PAUL G. SUMMERS
One Public Square       Attorney General & Reporter
Clarksville, TN 37040           
                        CLINTON J. MORGAN
                        Assistant Attorney General
                        425 Fifth Avenue North
                        Nashville, TN 37243

                        WILLIAM PAUL PHILLIPS
                        District Attorney General

                        JOHN W. GALLOWAY, JR.
                        Assistant District Attorney
                        Scott Co. Courthouse
                        Huntsville, TN 37756
                        

Judge:  SMITH

First Paragraph:

The appellant, Veronica L. Phillips, entered a plea of nolo contendere
in the Scott County Criminal Court to one (1) count of reckless
homicide, a Class D felony, and one (1) count of reckless aggravated
assault, a Class D felony.  The trial court sentenced the appellant as
a Mitigated Offender to concurrent terms of four (4) years for each
offense, to be served in the community corrections program.  On
appeal, the appellant claims that the trial court erred in denying
judicial diversion and full probation.  After a thorough review of the
record before this Court, we conclude that the trial court imposed an
illegal sentence.  Therefore, the judgment of the trial court is
reversed, and this case is remanded for resentencing.

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

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