June 9, 2000 Volume 6 -- Number 088 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):   01 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 07 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 DAN ALEXANDER v. JAY ARMENTROUT, JR. and PATRICIA RUTH ARMENTROUT Court:TSC Attorneys: Timothy S. Belisle and Randall E. Sermons, Johnson City, Tennessee, for the appellant, Dan Alexander. Rick J. Bearfield, Johnson City, Tennessee, for the appellees, Jay Armentrout, Jr. and Patricia Ruth Armentrout. Judge: DROWOTA First Paragraph: This appeal arises from a dispute between brothers-in-law over the sale of a partnership interest in a family dairy business. After reaching an oral agreement regarding the price of the interest to be sold, the buyer tendered $50,000 of the purchase price to the seller and later presented a promissory note evidencing an obligation for the $61,000 balance of the sale. The seller's home subsequently burned and the note was destroyed. A dispute arose between the parties as to the validity of the note and the existence of an agreement. The seller contends that the note handed to him by the buyer does not contain the true terms of the contract. He argues that his agreement was with the buyers and not with the buyer's corporation. The buyer contends that his corporation is liable on the note and not him personally. http://www.tba.org/tba_files/TSC/ARMENTtrout.wpd STATE OF TENNESSEE v. AUDREY BLACK Court:TCCA Attorneys: Raymond Mack Garner, District Public Defender, and Shawn G. Graham, Assistant Public Defender, Maryville, Tennessee, for the appellant, Orlando Malone at trial; Julie A. Rice, Knoxville, Tennessee, for the appellant Orlando Malone on appeal. Paul G. Summers, Attorney General and Reporter, R. Stephen Jobe, Assistant Attorney General, Michael L. Flynn, District Attorney General, John Anderson Bobo, Jr., and Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant Audrey Black pled guilty to three counts of selling cocaine and she received concurrent sentences of nine years for each conviction, with thirty days to be served in jail and eight years and eleven months to be served in the Community Corrections Program. The trial court subsequently transferred Defendant from the Community Corrections Program to probation. Thereafter, the trial court revoked Defendant's probation and ordered her to serve sixty days in jail with work release eligibility, followed by the balance of her sentence on probation. Defendant contends that the trial court erred when it revoked her probation and ordered her to serve sixty days in jail before returning to probation. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/blacka.wpd STATE OF TENNESSEE v. ROBERT BLOCKER Court:TCCA Attorneys: John Allen Brooks, Chattanooga, Tennessee, for the appellant, Robert Blocker. Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan, Assistant Attorney General; William H. Cox III, District Attorney General; and Rodney C. Strong, Assistant Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: Defendant, Robert Blocker, appeals his jury convictions for felony murder and attempted especially aggravated robbery. The defendant raises the following issues for our review: (1) whether the trial court erred when it failed to suppress statements the defendant made to the police department while being interrogated; (2) whether the prosecution failed to present sufficient evidence to establish that the defendant intended to commit a felony with the co-defendants; (3) whether the trial court erred by failing to allow testimony about the defendant's statements shortly after the crime; (4) whether the trial court erred in allowing the prosecution to question a co-defendant about his refusal to testify at his own trial; (5) whether the trial court erred in allowing the prosecution to argue facts not presented in evidence; (6) whether the trial court erred when it permitted the prosecution to conduct recross examination on matters not covered in redirect examination; and (7) whether the trial court erred in allowing the prosecution to impeach the defendant with testimony he gave during his juvenile court transfer hearing. After thoroughly reviewing the record, we conclude a remand is necessary in order to determine the admissibility of the defendant's statements during interrogation. http://www.tba.org/tba_files/TCCA/Blocker.wpd STATE OF TENNESSEE v. CHARLES CHESTEEN WITH CONCURRING OPINION Court:TCCA Attorneys: Edward C. Miller, District Public Defender, for the appellant, Charles Chesteen. Paul G. Summers, Attorney General and Reporter, Patricia C. Kussman, Assistant Attorney General, Alfred C. Schmutzer, Jr., District Attorney General, W. Brownlow Marsh, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WITT First Paragraph: The defendant, Charles Chesteen, served as the Clerk and Master of the Cocke County Chancery Court from 1984 to 1996. In 1997, he was charged with theft relating to his service in the capacity as conservator of funds of two elderly ladies and with unlawful conversion related to funds misappropriated by him in his official capacity. He pleaded guilty, with the sentencing determination to be made by the trial court. The court imposed an effective six-year incarcerative sentence along with restitution of $101,821.73. Upon review, we hold that the trial court erred in some of its sentencing determinations. We affirm in part, modify in part, reverse in part, and remand to the trial court for further determination regarding aspects of the sentencing issues. http://www.tba.org/tba_files/TCCA/ChesteenC_Opn.wpd WITH CONCURRING OPINION http://www.tba.org/tba_files/TCCA/ChesteenC_Con.wpd STATE OF TENNESSEE v. VERNON E. HAAS Court:TCCA Attorneys: Stephen M. Wallace, District Public Defender, Joseph F. Harrison, Assistant Public Defender, Blountville, Tennessee, and Steve McEwen, Mountain City, Tennessee, for the appellant, Vernon E. Haas, on appeal; Frank L. Slaughter, Bristol, Tennessee, for the appellant Vernon E. Haas, at trial. Paul G. Summers, Attorney General and Reporter, Elizabeth B. Marney, Assistant Attorney General, H. Greeley Wells, Jr., District Attorney General, and Mary Katharine Harvey, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant Vernon E. Haas pled guilty to the Class E felony offense of violating a Habitual Motor Vehicle Offender order that prohibited him from driving. The trial court subsequently sentenced Defendant as a Range II multiple offender to a term of two years and three months in the Tennessee Department of Correction. Defendant raises the following issue in this appeal: whether the trial court erred when it failed to impose probation or a Community Corrections sentence. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/haasve.wpd STATE OF TENNESSEE v. EUNYCE MARIE SAUNDERS WITH DISSENTING IN PART AND CONCURRING IN PART Court:TCCA Attorneys: Julie A. Rice, Knoxville, Tennessee, Counsel for Appellant, Eunyce Marie Saunders on appeal, and Donald Spurrell, Johnson City, Tennessee, Counsel for Appellant, Eunyce Marie Saunders at trial. Paul G. Summers, Attorney General and Reporter, Mark E. Davidson, Assistant Attorney General, H. Greeley Wells, Jr., District Attorney General, and Gregory Alan Newman, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant Eunyce Marie Saunders was convicted by a jury in the Sullivan County Criminal Court of one count of vehicular homicide and one count of aggravated assault. After a sentencing hearing, the trial court sentenced Defendant as a Range I standard offender to concurrent terms of five years for vehicular homicide and four years for aggravated assault, with the sentences to be served in the Tennessee Department of Correction. Defendant challenges both her convictions and her sentences, raising the following issues: (1) whether the evidence was sufficient to support her convictions;(2) whether the trial court erred when it determined the lengths of her sentences; and (3) whether the trial court erred when it failed to impose alternative sentencing. After a review of the record, we affirm the judgment of the trial court as to Defendant's convictions and the lengths of Defendant's sentences, but we modify the judgment as to the manner of service of Defendant's sentences. http://www.tba.org/tba_files/TCCA/saundersem_opn.wpd WITH DISSENTING IN PART AND CONCURRING IN PART http://www.tba.org/tba_files/TCCA/Saundersem_con.wpd STATE OF TENNESSEE v. MARK EDWARD TAYLOR Court:TCCA Attorneys: Darrell W. Humphrey, Memphis, Tennessee, for the appellant Mark Edward Taylor. Paul G. Summers, Attorney General and Reporter, Mark A. Fulks, Assistant Attorney General, Randall E. Nichols, District Attorney General, and William Jeff Blevins, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant Mark Edward Taylor was convicted by a jury of one count of Class B felony theft, two counts of Class C felony theft, five counts of Class C felony forgery, and one count of Class D felony forgery, and the trial court merged the two convictions for Class C felony theft into the conviction for Class B felony theft. The trial court subsequently sentenced Defendant as a Range II multiple offender to a total effective sentence of sixteen years. Defendant challenges his convictions, raising the following issues: (1) whether the evidence was sufficient to support his convictions; and (2) whether his convictions are invalid because they were based on the uncorroborated testimony of accomplices. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/taylorme.wpd PLEASE FORWARD THIS E-MAIL! 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