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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