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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