April 3, 2000
Volume 6 -- Number 049

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.

This Issue (IN THIS ORDER):
 
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
00 New Opinion(s) from the Tennessee Court of Appeals
03 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
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

					
LEOPHUS DAVIS
VS.
SATURN CORPORATION

JUDGMENT ORDER

Court:TSC

Judge: PER CURIAM

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.

Whereupon, it appears to the Court that the Memorandum Opinion of the
Panel should be accepted and approved; and ...

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





NAPOLEON MOMON
VS.
STATE OF TENNESSEE

Court:TSC

Attorneys: 

For the Appellant:                  For the Appellee:
Stephen M. Goldstein                Paul G. Summers
Chattanooga, Tennessee              Attorney General & Reporter

For Amicus Curiae                   Michael E. Moore
Tennessee Association of Criminal       Solicitor General
Defense Lawyers
Paula R. Voss                       Daryl J. Brand
Knoxville, Tennessee                Associate Solicitor General
Nashville, Tennessee        
David M. Siegel             
Associate Professor                 William H. Cox, III         
New England School of Law           District Attorney General
Boston, Massachusetts               11th Judicial District  

                                    Rodney C. Strong
                                    Assistant District Attorney
                                    Chattanooga, Tennessee                           

Judge: PER CURIAM

First Paragraph:

The appellant, Napoleon Momon, and Amicus Curiae, Tennessee
Association of Criminal Defense Lawyers, ("TACDL"), have filed
petitions to rehear the opinion of this Court issued on November 15,
1999.  The appellant asserts in his petition that the Court erred in
finding that the harmless error doctrine may be applied to a violation
of the fundamental right to testify.  TACDL challenges the voir dire
procedure adopted in the opinion and argues that a defendant should
also be permitted to execute a written waiver of the right to testify
in place of the on-the-record voir dire waiver.

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





FRED EDMOND DEAN, a/k/a OMAWALI ASHANTI
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

KENNETH D. HALE             PAUL G. SUMMERS
P.O. Box 274                Attorney General and Reporter
Bristol, TN 37621-0274
                            MARK E. DAVIDSON
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243

                            GREELEY WELLS
                            District Attorney General

                            BARRY STAUBUS
                            Assistant District Attorney General
                            Blountville, TN 37617                        

Judge: WELLES

First Paragraph:

The Petitioner, Fred Edmond Dean, also known as Omawali Ashanti
Shabazz, appeals as of right from the trial court's denial of
post-conviction relief after an evidentiary hearing.  The Petitioner
was originally indicted for first degree murder and attempted first
degree murder.  He was tried before a jury on January 24-26, 1995, and
was found guilty of the lesser included offenses of second degree
murder and attempted second degree murder.  The trial court sentenced
him to thirty years incarceration as a Range II multiple offender for
the second degree murder conviction and to fifteen years as a Range II
multiple offender for the attempted second degree murder conviction. 
The sentences were ordered to be served consecutively.  The Petitioner
then appealed his convictions and sentences to this Court, and we
affirmed the judgment of the trial court.  See State v. Fred Edmond
Dean, C.C.A. No. 03C01-9508-CC-00251, 1997 WL 7550 (Tenn. Crim. App.,
Knoxville, Jan. 10, 1997).  The supreme court denied permission to
appeal.

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





STATE OF TENNESSEE
VS.
ANDREW LAY

Court:TCCA

Attorneys: 

FOR THE APPELLEE:           FOR THE APPELLANT:

LEE OFMAN                   PAUL G. SUMMERS
317 Main Street, Ste. 208   Attorney General & Reporter
Franklin, TN 37064          
                            ELIZABETH B. MARNEY
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243

                            JOE D. BAUGH, JR.
                            District Attorney General

                            LEE DRYER
                            Assistant District Attorney
                            P. O. Box 937
                            Franklin, TN 37065-0937                         

Judge: SMITH

First Paragraph:

In September, 1998, the appellant, Andrew Lay, was convicted by a
Williamson County jury of driving under the influence, third offense. 
The trial court sentenced the appellant to eleven (11) months and
twenty-nine (29) days, with all but 150 days suspended.  On November
29, 1999, this Court entered an opinion affirming the appellant's
conviction.  In his direct appeal, the appellant argued, inter alia,
that the trial court erred in denying his motion to suppress his
statements made to a police officer; however, this Court concluded
that the issue had been waived due to the appellant's failure to
include a transcript or a video tape of the hearing on the motion to
suppress.

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





STATE OF TENNESSEE
VS.
DANIEL PHILLIPS, JR.

Court:TCCA

Attorneys: 

FOR THE APPELLANT:
    
    PAUL G. SUMMERS
    Attorney General and Reporter
    
    ELIZABETH B. MARNEY
    Assistant Attorney General
    Cordell Hull Building, 2nd Floor
    425 Fifth Avenue North
    Nashville, TN  37243-0493
    
    JAMES N. RAMSEY
    District Attorney General 
    
    JAN HICKS
    Assistant District Attorney General
    149 North Main Street
    Clinton, TN  37716
    

FOR THE APPELLEE:
    
    J. THOMAS MARSHALL, JR.
    District Public Defender
    101 South Main Street 
    Clinton, TN  37716                         

Judge: RILEY

First Paragraph:

The State of Tennessee appeals the order of the Anderson County
Criminal Court suppressing the pretrial statement of the defendant who
was indicted on two counts of child rape.  The state appeals as of
right, pursuant to Tenn. R. App. P. 3(c), since it alleges the
substantive effect of the suppression is dismissal of the indictment. 
Finding no error in the trial court's suppression of the pretrial
statement, we AFFIRM the judgment of the trial court.

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

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