April 5, 2000
Volume 6 -- Number 051

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

						
LAURA HENDERSON
VS.
MEMBERS OF BENTON COUNTY BOARD OF EDUCATION
Court:TCA

Attorneys: 

James L. Harris, Nashville, Tennessee
Attorney for Plaintiff/Appellant.


John W. Whitworth, Camden, Tennessee
Attorney for Defendant/Appellee                         

Judge: FARMER

First Paragraph:

Defendant Laura Henderson became employed as a teacher by the Benton
County School System in 1993.  During all times relevant to this
appeal, Ms. Henderson taught fifth through eighth grade students at
Holladay School.  In a letter dated June 23, 1998, Superintendent
Jerry Dinwiddie suspended Ms. Henderson from her teaching duties
pending the resolution of certain allegations of misconduct made
against her.  Additionally, Superintendent Dinwiddie notified Ms.
Henderson that he was charging her with Òunprofessional
conduct/conduct unbecoming a member of the teaching professionÓ and
that he would be recommending to the Benton County Board of Education
(ÒBoardÓ) that she be dismissed.  A hearing on the matter was held
before the  Board on August 20, 1998, resulting in the BoardÕs
termination of Ms. HendersonÕs employment.  Ms. Henderson subsequently
filed a ÒPetition for Writ of CertiorariÓ with the Benton County
Chancery Court seeking judicial review of the BoardÕs ruling.

http://www.tba.org/tba_files/TCA/Hendersonl.wpd



STATE OF TENNESSEE VS. JEREMY M. BATEY. Court:TCCA Attorneys: Michael J. Flanagan, Dale M. Quillen, Nashville, Tennessee and William H. Ortwein, Chattanooga, Tennessee for appellant, Jeremy M. Batey. Paul G. Summers, Attorney General and Reporter, Lucian D. Geise, Assistant Attorney General, Victor S. Johnson, District Attorney General, and Paul DeWitt, Assistant District Attorney for appellee, State of Tennessee. Judge: SMITH First Paragraph: A Davidson County jury convicted the appellant, Jeremy M. Batey, of one count of reckless homicide, a Class D felony. The trial court sentenced the appellant as a Range I offender to three years incarceration in the local workhouse. On appeal the appellant contends that the trial court erred in denying him an alternative sentence solely on the basis that the crime involved a death. We hold that where the legislature has provided for alternative sentencing in certain homicide offenses, the denial of an alternative sentence solely on the basis of the victimÕs death is erroneous. However, in the instant case the circumstances of the offense, including illegal drug and alcohol use which contributed to the offense, and the appellantÕs history of alcohol and drug abuse, including the use of marijuana 2 _ years after the offense and approximately four months prior to his trial justify the denial of alternative sentencing. http://www.tba.org/tba_files/TCCA/bateyjer.wpd
STATE OF TENNESSEE VS. DOLWIN DEON CORMIA, Court:TCCA Attorneys: Steven D. Brown (on appeal), Mark A. Little, Chattanooga, Tennessee, for the appellant, Dolwin Deon Cormia Paul G. Summers, Attorney General and Reporter, Patricia C. Kussmann, Nashville, Tennessee, William H. Cox, III, District Attorney General, David Denny and Dean Ferraro, Assistant District Attorneys General, Chattanooga, Tennessee Judge: WITT First Paragraph: The defendant was convicted of the 1996 first degree murder of Welton Green, Jr., for which he received a life sentence with the possibility of parole, and of abuse of a corpse, for which he received a concurrent two year sentence. In this Rule 3 appeal, he challenges the sufficiency of the convicting evidence, the use of lay witness opinion evidence, the use of evidence which he says contravenes Tennessee Rule of Evidence 404(b), and the trial courtÕs instructions to the jury on the elements of first degree murder. We affirm the trial courtÕs judgment. http://www.tba.org/tba_files/TCCA/cormiadd.wpd

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