May 22, 2000 Volume 6 -- Number 076 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 01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court 01 New Opinion(s) from the Tennessee Court of Appeals 05 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   There are three ways for TBALink members to get the full-text versions of these opinions from the Web: Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Lucian T. Pera Editor-in-Chief, TBALink SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/CERTLIST_0522.wpd NILA VILETA (BROWN) RODERICK, v. STEVEN MATTHEW RODERICK Court:TCA Attorneys: Virginia A. Schwamm, Schwamm, Albiston and Higgins, PLLC, Knoxville, Tennessee, for the Plaintiff-Appellant. William H. Horton, Horton, Maddox & Anderson, PLLC, Chattanooga, Tennessee, for the Defendant-Appellee. Judge: FRANKS First Paragraph: In this divorce action, the Trial Judge granted the parties a divorce, ordered child support with custody to the wife, and divided the marital assets and debts between the parties. The wife has appealed. The Trial Court's judgment is affirmed as modified. The modification rephrases the custodial order and identifies a small debt as non-marital property. http://www.tba.org/tba_files/TCA/roderickn.wpd STATE OF TENNESSEE v. LEWIS EDWARD ALLEN Court:TCCA Attorneys: Russel A. Church, Clarksville, TN, for the appellant, Lewis Edward Allen. Paul G. Summers, Attorney General and Reporter, Michael Moore, Solicitor General, Clinton J. Morgan, Assistant Attorney General, John Wesley Carney, Jr., District Attorney General, and Lance A. Baker, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The appellant was convicted at a bench trial of DUI, third offense. Prior to his trial, he entered guilty pleas to driving on a suspended license - seventh offense, evading arrest and speeding. On appeal, the appellant contends: (1) the sentences imposed by the trial court for DUI, third, driving on suspended license, seventh offense, and evading arrest are excessive and (2) the trial court's order of consecutive sentencing was improper. After review, we affirm. http://www.tba.org/tba_files/TCCA/AllenLE.wpd STATE OF TENNESSEE v. JIMMY DALE HOGAN Court:TCCA Attorneys: Hershell D. Koger, Pulaski, Tennessee, for the appellant, Jimmy Dale Hogan. Paul G. Summers, Attorney General and Reporter; Lucian D. Geise, Assistant Attorney General; Mike Bottoms, District Attorney General; Robert C. Sanders and James G. White II, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: Defendant appeals his jury convictions for felony murder and especially aggravated robbery. At the conclusion of the first trial, the jury was unable to reach a verdict and the trial court declared a mistrial. Upon conclusion of the second trial, the jury returned a guilty verdict on both counts. In this appeal as of right, defendant alleges the evidence is insufficient to sustain his convictions and further argues that the trial court's failure to dismiss the charges at the conclusion of the first trial resulted in his second trial being a violation of double jeopardy. In addition, defendant alleges various evidentiary rulings prejudiced his case. Upon a thorough review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/hoganjd.wpd STATE OF TENNESSEE v. ROGER D. MCCRARY, et al. Court:TCCA Attorneys: Paul G. Summers, Attorney General and Reporter, Kim R. Helper, Assistant Attorney General, David Earl Durham, Assistant District Attorney General, for the appellant, State of Tennessee. Thomas H. Bilbrey, Assistant Public Defender, Lebanon, Tennessee, for the appellee, Roger D. McCrary. J. Branden Bellar, Carthage, Tennessee, for the appellee, Vernice A. Logan. Judge: OGLE First Paragraph: On April 5, 1999, a Smith County Grand Jury indicted the appellees, Roger D. McCrary and Vernice A. Logan, on one count of possessing with intent to sell more than seventy (70) pounds of marijuana. The indictment resulted from a traffic stop of the appellees' vehicle and the consequent seizure by police of one hundred and forty-five point six (145.6) pounds of marijuana. The appellees filed motions to suppress the State's use of the marijuana at trial. Following a suppression hearing on May 10, 1999, the Smith County Criminal Court granted the appellees' motions. From the trial court's orders, the State of Tennessee now brings this interlocutory appeal. Following a review of the record and the parties' briefs, we reverse the orders suppressing the evidence and remand these cases to the trial court for further proceedings consistent with this opinion. http://www.tba.org/tba_files/TCCA/mccraryrd.wpd TATE OF TENNESSEE v. NOLAND P. O'BOYLE Court:TCCA Attorneys: David A. Doyle, District Public Defender, for the appellant, Noland P. O'Boyle. Paul G. Summers, Attorney General & Reporter, Lucian D. Geise, Assistant Attorney General, Lawrence Ray Whitley, District Attorney General, Lytle Anthony James, Assistant District Attorney, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant was convicted of D.U.I. second offense at a jury trial. He now argues a procedural matter. The trial court accepted defense counsel's open court acknowledgment of the defendant's previous D.U.I. conviction and waiver of his right to have a jury determination for the enhancing phase. This waiver led the trial court, rather than a jury, to find the defendant guilty of D.U.I. second offense. The conviction is affirmed. http://www.tba.org/tba_files/TCCA/OBoyleNP.wpd JAMES WILLIAM TAYLOR v. STATE OF TENNESSEE Court:TCCA Attorneys: Mark C. Adams, Swampscott, Massachusetts, and Ronda Y. Spurlock, Nashville, Tennessee, for the appellant, James William Taylor. Paul G. Summers, Attorney General and Reporter, Kim R. Helper, Assistant Attorney General, Ronald Davis, District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The petitioner, James William Taylor, appeals the dismissal of his petition for post-conviction relief by the Williamson County Circuit Court on September 9, 1998. In August 1988, the petitioner was convicted of felony murder, robbery, and second degree burglary in the Williamson County Circuit Court. The trial court sentenced the petitioner to life imprisonment on the murder conviction, to a fifteen year sentence on the second degree burglary conviction, and to a fifteen year sentence on the robbery conviction, with all sentences to be served consecutively to one another. http://www.tba.org/tba_files/TCCA/taylorj.wpd PLEASE FORWARD THIS E-MAIL! 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