February 7, 2000
Volume 6 -- Number 018

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):
04 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
02 New Opinion(s) from the Tennessee Court of Appeals
00 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




For Appellant:              For Appellee:

Knoxville, TN               Attorney General and Reporter

                            MICHAEL E. MOORE
                            Solicitor General

                            TODD R. KELLEY
                            Assistant Attorney General
                            Nashville, TN

                            RANDALL E. NICHOLS
                            District Attorney General

                            CHARME P. JOHNSON KNIGHT
                            Asst. District Attorney General

                            GREG HARRISON
                            Asst. District Attorney General
                            Knoxville, TN                         

Judge: BIRCH

First Paragraph:

The issue here presented is whether the trial court correctly applied
the rape shield rule in excluding testimony about a rape complainant's
prior sexual behavior with a person other than the defendant.  The
trial court excluded the proffered evidence upon a finding that the
defendant did not describe the evidence in detail sufficient to
satisfy the requirement of Tenn. R. Evid. 412(d)(1)(iii).  In
contrast, the Court of Criminal Appeals found no issue in the
application of Rule 412(d)(1)(iii); however, it held that the
proffered evidence was properly excluded because it constituted
inadmissible hearsay.


STATE OF TENNESSEE VS. CHARLES DAMIEN DARDEN Court:TSC Attorneys: For the Appellant For the Appellee Jerome M. Converse Paul G. Summers Springfield, Tennessee Attorney General & Reporter Michael E. Moore Solicitor General Daryl J. Brand Associate Solicitor General Judge: BARKER First Paragraph: We granted this appeal to decide (1) whether the circuit court had jurisdiction over criminal charges that were not addressed in juvenile court during the transfer hearing; and (2) whether the amendment to Tennessee Code Annotated section 37-1-159(d) (Supp. 1999), generally eliminating the requirement for an acceptance hearing, is unconstitutional. After examining the record and considering the arguments of the parties and applicable law, we conclude that the circuit court properly exercised jurisdiction over the criminal charges transferred from juvenile court as well as over the additional charges found in the grand jury's indictment. In addition, we conclude that the General Assembly did not act unconstitutionally in eliminating the requirement for an acceptance hearing. Accordingly, for the reasons herein, we affirm the Court of Criminal Appeals. http://www.tba.org/tba_files/TSC/DardenCD.wpd
IN RE: HARRY CLARK MARSH and TRUDI JANETTE MARSH SUSAN R. LIMOR, TRUSTEE VS. FLEET MORTGAGE GROUP and BANK UNITED Court:TSC Attorneys: For Petitioner/Plaintiff: For Respondents/Defendants: SUSAN R. LIMOR MICHAEL GIGANDET Nashville, TN Nashville, TN Judge: BIRCH First Paragraph: Pursuant to Rule 23 of the Rules of the Supreme Court of Tennessee, this Court accepted certification of the following question from the United States Bankruptcy Court for the Middle District of Tennessee: Whether the omission of the official notary seal in the acknowledgment on a Tennessee deed of trust as required by Tennessee Code Annotated S 66-22-110, renders the instrument "null and void as to . . . subsequent creditors . . . or bona fide purchasers . . . without notice" as provided in Tennessee Code Annotated S 66-26-103. http://www.tba.org/tba_files/TSC/marshhopn.wpd
DONALD P. SPICER VS. STATE OF TENNESSEE Court:TSC Attorneys: For the Appellant: For the Appellee: Marvin E. Ballin Michael E. Moore Memphis, Tennessee Solicitor General Mark A. Mesler Michael W. Catalano Memphis, Tennessee Associate Solicitor General Nashville, Tennessee Judge: BARKER First Paragraph: In this appeal, we address several issues related to the consolidation and severance of multiple sexual abuse offenses pursuant to Tennessee Rules of Criminal Procedure 8, 13, and 14. More specifically, these issues are: (1) whether the appellant properly preserved his right to a severance of offenses under Rule 14(b)(1) by objecting to a pre-trial motion for consolidation; if so, (2) whether the trial court abused its discretion by improperly consolidating two indictments alleging child rape and aggravated sexual battery in a single trial; and if so, (3) whether that abuse of discretion affirmatively appears to have affected the outcome of the trial. http://www.tba.org/tba_files/TSC/spicerdp.wpd
RICHARD PALLMER JAHN, JR. VS. SHERYL JUNE JAHN Court:TCA Attorneys: J. W. DIETZEN, DIETZEN & ATCHLEY, Chattanooga, for Plaintiff-Appellant. E. BLAKE MOORE, SPEARS, MOORE, REBMAN & WILLIAMS, Chattanooga, for Defendant-Appellee. Judge: FRANKS First Paragraph: This is a third appeal in this divorce action which was filed more than six years ago between plaintiff ("husband") and defendant ("wife"). http://www.tba.org/tba_files/TCA/jahnr.wpd
STATE OF TENNESSEE VS. MALE PIT BULL, DEWAYNE ROGERS, SHANIE ROGERS, BILLIE JEAN RITCHIE JONES Court:TCA Attorneys: ARDENA J. GARTH, District Public Defender, and DONNA ROBINSON MILLER, Assistant District Public Defender, OF CHATTANOOGA, FOR APPELLANT BILLIE JEAN RITCHIE JONES PAUL G. SUMMERS, Attorney General and Reporter, and MARK E. DAVIDSON, Assistant Attorney General, OF NASHVILLE, FOR APPELLEE Judge: GODDARD First Paragraph: This is an appeal from the Hamilton County Criminal Court's finding of criminal contempt against Dewayne Rogers, Shanie Rogers and Billie Jean Ritchie Jones. Mrs. Jones, Defendant-Appellant, raises the following issue, which we restate: Whether the Appellant was improperly convicted of criminal contempt solely on the basis of the uncorroborated testimony of an accomplice? http://www.tba.org/tba_files/TCA/statempb.wpd

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