June 28, 2000 Volume 6 -- Number 101 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 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   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 DAVID BAILEY v. STATE OF TENNESSEE Court:TCCA Attorneys: James W. Greenlee, Sevierville, Tennessee, for the appellant, David Bailey. Paul G. Summers, Attorney General & Reporter, Mark A. Fulks, Assistant Attorney General, Al C. Schmutzer, Jr., District Attorney General, and Steven R. Hawkins, Assistant District Attorney, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The petitioner appeals from the trial court's denial of his petition for post-conviction relief. He alleges that the trial court erred by finding that his trial counsel was not ineffective for failing to investigate the petitioner's mental state at the time he committed the offenses. Finding no error, we affirm the trial court's decision. http://www.tba.org/tba_files/TCCA/BaileyD.wpd STATE OF TENNESSEE v. CLYDE HAMBRICK, JR. Court:TCCA Attorneys: Deborah Black Huskins, Johnson City, Tennessee, for the appellant, Clyde Hambrick, Jr., at trial. Gerald L. Gulley, Jr., Knoxville, Tennessee, for the appellant, Clyde Hambrick, Jr., on appeal. Paul G. Summers, Attorney General & Reporter, Marvin S. Blair, Jr., Assistant Attorney General, Joe C. Crumley, Jr., District Attorney General, and Kenneth Carson Baldwin, Assistant District Attorney, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant was sentenced to forty-eight years, eleven months, and twenty-nine days as a Range I standard offender after a jury verdict was returned against him on four counts of aggravated sexual battery, four counts of sexual battery, and eight counts of assault. These convictions are reversed because of the failure to sever the trials; the erroneous admission of evidence of other crimes, wrongs, or acts; the failure to properly elect offenses; the erroneous charge to the jury that aggravated sexual battery is a lesser included offense of rape; and plain error as to the assault convictions. We remand for new trial as to victim C., and the defendant may stand trial for eight counts of sexual battery. As to victim J., the statute of limitations bars retrial for the eight counts of assault. http://www.tba.org/tba_files/TCCA/HambrickCJr.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! While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/ SUBSCRIBE TO OPINION FLASH! Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! For the Plain Text Version: 1) Send an e-mail message to: Opinion-Flash@tba.org 2) In the SUBJECT of the message type: SUBSCRIBE 3) Leave the body of the message blank For the HTML Text Version: 1) Send an e-mail message to: Opinion-Flash@tba.org 2) In the SUBJECT of the message type: SUBSCRIBE HTML 3) Leave the body of the message blank UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! To STOP receiving TBALink Opinion-Flash: 1) Send an e-mail message to: Opinion-Flash@tba.org 2) In the SUBJECT of the message type: UNSUBSCRIBE 3) Leave the body of the message blank © Copyright 2000 Tennessee Bar Association