June 12, 2000 Volume 6 -- Number 089 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 00 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 STATE OF TENNESSEE v. AAA AARON'S ACTION AGENCY BAIL BONDS, INC. Court:TCCA Attorneys: Thomas L. Whiteside, Nashville, Tennessee, for the appellant, AAA Aaron's Action Agency Bail Bonds, Inc. Paul G. Summers, Attorney General and Reporter; Marvin E. Clements, Jr., Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Pamela S. Anderson, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The appellant bail bond company appeals the en banc order of the Criminal Courts of Davidson County which refused to reinstate its authority to write bail bonds. We conclude the appellant was not given proper notice of grounds relied upon for the refusal to reinstate its authority to write bonds, and the Criminal Courts of Davidson County erroneously refused to reinstate appellant's authority to write bail bonds based upon its alleged failure to notify a defendant of an arraignment date. Accordingly, the judgment refusing to reinstate appellant's ability to write bail bonds is reversed. http://www.tba.org/tba_files/TCCA/aaaarons.wpd STATE OF TENNESSEE v. LAMONT LEE HARPER Court:TCCA Attorneys: John Pellegrin (at trial), Gallatin, Tennessee; and David A. Doyle (on appeal), District Public Defender, for the appellant, Lamont Harper. Paul G. Summers, Attorney General and Reporter; Todd R. Kelley, Assistant Attorney General; Lawrence Ray Whitley, District Attorney General; and Sallie Wade Brown, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant was convicted by a Sumner County jury of aggravated assault and attempted first degree murder. The defendant alleges on appeal that: 1) the evidence was insufficient to establish guilt of aggravated assault; 2) the trial court erred in allowing victim Kevin Wynn to testify that he had previously seen the defendant with a gun; and 3) the trial court erred by failing to declare a mistrial after testimony that the drug task force kicked in the defendant's door on a prior occasion, and after testimony that the defendant had previously been arrested. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Harper.wpd STATE OF TENNESSEE v. EDWARD L. KELLY Court:TCCA Attorneys: Richard D. Piliponis, Mt. Juliet, Tennessee, for the appellant, Edward L. Kelly. Paul G. Summers, Attorney General & Reporter, Jennifer L. Bledsoe, Assistant Attorney General, and Ed Ryan and Colin Carnahan, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The evidence was sufficient to establish the guilt of the defendant, Edward L. Kelly, of driving under the influence of an intoxicant. Because there was proof that his blood alcohol content was over .20% and that he was in physical control of his vehicle on a public street, the conviction is affirmed. A 15-day jail sentence is not excessive in light of the defendant's prior DUI offense, even though it occurred l5 years prior to the current offense. http://www.tba.org/tba_files/TCCA/Kelly.wpd STATE OF TENNESSEE v. MACK SAMUEL STOKES Court:TCCA Attorneys: Hershell D. Koger, Pulaski, Tennessee, for the appellant, Mack Samuel Stokes. Paul G. Summers, Attorney General and Reporter; Todd R. Kelley, Assistant Attorney General; T. Michael Bottoms, District Attorney General; and Richard H. Dunavant, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant, Mack Samuel Stokes, was convicted by a Giles County jury of theft of property over $500 and possession of a motor vehicle without a vehicle identification number. He received concurrent sentences of two years and thirty days, respectively. In this direct appeal, the defendant makes the following allegations: (1) the evidence was insufficient to sustain his convictions; and (2) the trial court erred by sustaining the District Attorney's objection to defense counsel's closing argument and by admonishing defense counsel in the presence of the jury. Upon a review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/StokesMS.wpd STATE OF TENNESSEE v. CALVIN OTIS TANKESLY Court:TCCA Attorneys: Calvin Otis Tankesly, Pikeville, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Clinton J. Morgan, Assistant Attorney General; and Lawrence Ray Whitley, District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: Petitioner appeals the denial of his petition for habeas corpus relief alleging his conviction is void. He entered a best interest plea of guilty to attempted aggravated sexual battery, a Class C felony. Pursuant to a negotiated agreement, the petitioner was sentenced to five years as a Range I standard offender. He now claims this sentence is illegal and void. The trial court found the judgment was not void and dismissed the petition. Upon a review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/tankelsyCO.wpd PLEASE FORWARD THIS E-MAIL! Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address. GET A FULL-TEXT COPY OF AN OPINION! See the intrsuctions at the beginning of this edition of Opinion Flash. JOIN TBALink! 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