August 14, 2000 Volume 6 -- Number 127 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 02 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel 00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court 02 New Opinion(s) from the Tennessee Court of Appeals 07 New Opinion(s) from the Tennessee Court of Criminal Appeals 02 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 MARGARET ELIZABETH BUTLER v. TXAS BOOT, et al. JUDGMENT Court:TSC - Workers Comp Panel Judge: PER CURIAM First Paragraph: This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference. http://www.tba.org/tba_files/TSC_WCP/butlerm.wpd JAMES DAVID RAMSEY, JR. v. CROCKETT-PHILLIPS CONSTRUCTION, et al. JUDGMENT Court:TSC - Workers Comp Panel Judge: PER CURIAM First Paragraph: This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference. http://www.tba.org/tba_files/TSC_WCP/ramseyj.wpd B & H INVESTMENTS, INC. v. JAMES W. BROOKS Court:TCA Attorneys: James Brook, Brownsville, pro se Jesse H. Ford, III, Jackson, for Appellee Judge: HIGHERS First Paragraph: This appeal arises from a dispute regarding whether Plaintiff B& H was entitled to a deficiency judgment following a foreclosure sale of Defendants' property. Despite Defendant Brooks' counter- claim of fraud in the sale, the court found that Plaintiff was entitled to a deficiency judgment. Defendant Brooks' motion for new trial or for an amendment of the findings of fact was denied. Brooks appeals this denial. http://www.tba.org/tba_files/TCA/BHInvestments.wpd IN RE: ESTATE OF BERNIE F. RIGGS (DECEASED) Court:TCA Attorneys: Earl F. Johnson, John W. Palmer, Dyersburg, Attorneys for Appellant Thomas E. Weakley, Dyersburg, Attorney for Appellees, the seven surviving children of Bernie F. Riggs William T. Jordan, Jr., Dyersburg, Attorney for Appellee, Joyce Campbell, Executrix of the Estate of Bernie F. Riggs Judge: HIGHERS First Paragraph: This appeal arises from a dispute over the disposition of the assets of Bernie F. Riggs ("Husband"). Plaintiff Julia Mae Riggs ("Wife") filed suit, alleging that Defendant Campbell ("Daughter") had used undue influence and had improperly disposed of Husband's assets through a power of attorney. The trial court found in favor of Daughter, holding that all transactions were valid and in accordance with Husband's wishes. Wife appeals. http://www.tba.org/tba_files/TCA/riggsbernie.wpd STEVE BARKER v. STATE OF TENNESSEE Court:TCCA Attorneys: Thomas E. Weakley, Dyersburg, Tennessee, for the appellant, Steve Barker. Paul G. Summers, Attorney General and Reporter; Mark E. Davidson, Assistant Attorney General; and C. Phillip Bivens, District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: Petitioner appeals the denial of his petition for post-conviction relief. Prior to entering a guilty plea in the instant case, the petitioner had been sentenced to twelve years for other state convictions and a consecutive 105 months on federal charges. Petitioner entered a plea of guilty to the current charges, which included six counts of theft over $1,000 and one count of burglary, Class D felonies, and nineteen counts of aggravated burglary, Class C felonies. Pursuant to a negotiated agreement, the petitioner received an effective sentence of eighteen years as a Range I, standard offender. The agreement provided that this sentence would be served concurrently with both his prior state and federal sentences. The petitioner now claims that, but for counsel's ineffective assistance, he would not have pled guilty. Following a review of the record, we find trial counsel was not ineffective and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/BARKER~1.wpd STATE OF TENNESSEE v. VINCENT BOLDEN Court:TCCA Attorneys: Jim L. Fields, Paris, Tennessee, for the appellant, Vincent Bolden. Paul G. Summers, Attorney General and Reporter; Tara B. Hinkle, Assistant Attorney General; Robert "Gus" Radford, District Attorney General; and Steven L. Garrett, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: This appeal arises out of the defendant's conviction for selling a controlled substance within 1,000 feet of a public or private school. He challenges the sufficiency of the evidence to support his conviction. After careful review of the record, we conclude that the evidence is sufficient to support the defendant's conviction and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/BOLDENV.wpd STATE OF TENNESSEE v. DAVID ALAN HURST Court:TCCA Attorneys: J. Colin Morris, Jackson, Tennessee, for the appellant, David Alan Hurst. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; and Donald H. Allen, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant appeals his convictions for two counts of aggravated assault and two counts of simple assault and the consecutive five-year sentences imposed for the aggravated assaults. The defendant raises the following issues in this appeal: 1) whether evidence presented at trial was sufficient to sustain the guilty verdicts, and 2) whether the trial court erred by imposing consecutive sentences for the two aggravated assault convictions. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/HURSTDA.wpd STATE OF TENNESSEE v. AARON McFARLAND WITH CONCURRING OPINION Court:TCCA Attorneys: A C Wharton, Jr., Public Defender, and Tony N. Brayton, Assistant Public Defender, for the appellant, Aaron McFarland. Paul G. Summers, Attorney General and Reporter, R. Stephen Jobe, Assistant Attorney General, William L. Gibbons, District Attorney General, Kevin R. Rardin Assistant District Attorney General, and Glen C. Baity, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant was convicted of first degree murder and sentenced to life with the possibility of parole. On appeal, he has presented as issues that the trial court should have suppressed his confession and that the evidence was insufficient to sustain his conviction. Based upon our review, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/MCFARL_OPN.wpd CONCURRING OPINION http://www.tba.org/tba_files/TCCA/MCFARL_CON.wpd STATE OF TENNESSEE v. PATRICIA MERRIWEATHER Court:TCCA Attorneys: Clifford K. McGown, Jr., Waverly, Tennessee (on appeal); George Morton Googe, District Public Defender; and Stephen P. Spracher, Assistant District Public Defender (at trial and on appeal) for the appellant, Patricia Merriweather. Paul G. Summers, Attorney General and Reporter; Tara B. Hinkle, Assistant Attorney General; James G. Woodall, District Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant pled guilty in 1990 to thirty-two Class A misdemeanors, consisting of violations of the bad check law, and was placed on probation. During the probationary period, which was scheduled to end in 1994, the defendant was to pay restitution and costs. Shortly before the probationary period ended, the defendant signed an agreement, presented by her probation officer, extending indefinitely the probation so that restitution and costs could be paid. The trial court approved this extension. Probation violation reports were filed in 1997 and 1999, the court revoking the probation in 1999. The defendant timely appealed, arguing that the trial court was without authority to extend the probationary period without a hearing and to extend the period indefinitely. Based upon our review, we conclude that the defendant's probationary period ended in 1994, and we reverse the judgment of the trial court. http://www.tba.org/tba_files/TCCA/MERRIW~1.wpd STATE OF TENNESSEE v. KELLY ANNE NEWMON Court:TCCA Attorneys: Guy T. Wilkinson, District Public Defender, Camden, Tennessee (on appeal) and Ramsdale O'DeNeal, Jackson, Tennessee (at trial) for the appellant, Kelly Anne Newmon. Paul G. Summers, Attorney General and Reporter; Clinton J. Morgan, Assistant Attorney General; and John C. Zimmermann, District Attorney General Pro Tem, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: This appeal arises from a guilty verdict returned by a Carroll County jury against the defendant for two counts of delivering less than 0.5 grams of cocaine. On appeal, the defendant challenges her convictions on the basis that the introduction of evidence bolstering the informant's testimony was plain error, and the evidence was not sufficient to support the verdict. After a careful review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/NEWMONKA.wpd STATE OF TENNESSEE v. DARRYL WEBB Court:TCCA Attorneys: A. C. Wharton, Jr., District Public Defender, Garland Erguden, Assistant District Public Defender, Michael Johnson, Assistant District Public Defender for the appellant, Darryl Webb. Paul G. Summers, Attorney General and Reporter, Clinton J. Morgan, Assistant Attorney General, William L. Gibbons, District Attorney General, Daniel S. Byer, Assistant District Attorney General for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant appeals from a jury trial conviction for aggravated burglary, a Class C felony. In this appeal, the Defendant alleges the evidence was not sufficient to support his conviction. Concluding that the evidence was sufficient, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/WebbDarryl.wpd General sessions judges' compensation -- 2000 federal census Date: August 4, 2000 Opinion Number: Opinion No. 00-123 http://www.tba.org/tba_files/AG/OP123.pdf Arrest Warrants Process Date: August 7, 2000 Opinion Number: Opinion No. 00-124 http://www.tba.org/tba_files/AG/OP124.pdf 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