September 25, 2000 Volume 6 -- Number 153 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 06 New Opinion(s) from the Tennessee Court of Criminal Appeals 04 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_0925.wpd RONALD FREEMAN, JR. v. BOBBY SHANNON, SHERIFF OF BENTON COUNTY, TENNESSEE Court:TCA Attorneys: Kathleen L. Caldwell, Memphis, Tennessee, for the appellant, Ronald Freeman, Jr. Gregory H. Oakley, Nashville, Tennessee for the appellee, Bobby Shannon, Sheriff of Benton County, Tennessee Judge: LILLARD First Paragraph: This is a negligence suit under the Tennessee Governmental Tort Liability Act. The plaintiff is a prisoner who was injured when another car struck the patrol car in which he was being transported. The plaintiff sued the county sheriff under the Tennessee Governmental Tort Liability Act, asserting that his injuries were caused by the negligence of the sheriff's deputy. The plaintiff later amended his complaint to add the county as a defendant. The trial court granted motions to dismiss filed by both the sheriff and the county. The plaintiff appeals the trial court's dismissal of his suit against the county. We affirm, finding that the amended complaint against the county does not relate back to the date the plaintiff filed suit against the sheriff and therefore is barred by the statute of limitations. http://www.tba.org/tba_files/TCA/freemanr.wpd STATE OF TENNESSEE v. TERRY EUGENE BALLARD Court:TCCA Attorneys: Peter D. Heil, Nashville, Tennessee, and Trippe Fried, Franklin, Tennessee, for the appellant, Terry Eugene Ballard. Paul G. Summers, Attorney General and Reporter, David H. Findley, Assistant Attorney General, and Jeff Burks, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant, Terry Eugene Ballard, was convicted in the Williamson County Circuit Court of theft of property worth one thousand dollars ($1,000) or more, a class D felony. The trial court sentenced the appellant as a career offender to twelve years incarceration in the Tennessee Department of Correction. In this appeal, the petitioner presents the following issues for our review: (1) whether the trial court erroneously denied his ex parte motion for the appointment of an independent psychological expert at the state's expense; and (2) whether the evidence adduced at trial supports his conviction of theft. Following a review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/ballardte.wpd STATE OF TENNESSEE v. SHIRLEY COOPER Court:TCCA Attorneys: Raymond Mack Garner, District Public Defender; and Shawn G. Graham, Assistant District Public Defender, for the appellant, Shirley Cooper. Paul G. Summers, Attorney General and Reporter; R. Stephen Jobe, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Edward P. Bailey, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: he defendant was charged with violation of probation for harassment. The trial court found that the defendant had materially and repeatedly violated the terms of her probation, and that, given her history, she was not capable of successfully completing a term of supervised probation. Consequently, the trial court revoked the defendant's probation, ordering that she serve her original sentence of eleven months and twenty-nine days in jail, with credit given for the forty-one days of jail time she had already served. The defendant filed a timely appeal, presenting the sole issue of whether the trial court erred in revoking her probation. Based upon our review, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/coopers.wpd STATE OF TENNESSEE v. RITA DAVIS WITH CONCURRING OPINION Court:TCCA Attorneys: Steve McEwen, Mountain City, Tennessee (on appeal), Andrew Jackson Dearing, III, Assistant Public Defender, Fayetteville, Tennessee (at trial and on appeal), for the appellant, Rita Davis. Paul G. Summers, Attorney General & Reporter, Marvin E. Clements, Jr., Assistant Attorney General, and Weakley E. Barnard, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Rita Davis, was convicted of possession of a Schedule II controlled substance with intent to resell. See Tenn. Code Ann. S 39-17-417. The trial court imposed a Range III sentence of 25 years. The defendant was fined $75,000. In this appeal of right, the defendant argues that the trial court erred by failing to grant a motion to suppress; that the evidence was insufficient; that the sentence was excessive; and that the fine was improperly imposed. The judgment of conviction is affirmed. Because the fine was imposed without consideration of relevant factors, the amount is modified to $25,000. http://www.tba.org/tba_files/TCCA/davisrita_opn.wpd CONCURRING OPINION http://www.tba.org/tba_files/TCCA/davisrita_con.wpd STATE OF TENNESSEE v. MICHAEL ANTHONY MADDOX Court:TCCA Attorneys: Gary Howell, for the appellant, Michael Anthony Maddox. Paul G. Summers, Attorney General & Reporter, David H. Findley, Assistant Attorney General, William Michael McCown, District Attorney General, Weakley E. Barnard, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: CLARK First Paragraph: The defendant appeals the sentencing decision of the Marshall County Circuit Court. The defendant was convicted of two counts of sexual battery by an authority figure and sentenced to concurrent four year terms on each count. He was convicted of two counts of aggravated sexual battery and sentenced to concurrent twelve year terms on each count. Those sentences were run consecutively to the sentences for aggravated battery, for an effective sentence of sixteen (16) years. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/maddoxma.wpd STATE OF TENNESSEE v. RAY ANTHONY USSERY Court:TCCA Attorneys: Hershell D. Koger, Pulaski, Tennessee, attorney for appellant, Ray Anthony Ussery. Paul G. Summers, Attorney General and Reporter, Michael Moore, Solicitor General, David H. Findley, Assistant Attorney General, William Michael McCown, District Attorney General, and Weakley E. Barnard, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: HAYES First Paragraph: The appellant, Ray Anthony Ussery, was convicted by a jury of two counts of the sale of cocaine and one count of delivery and was sentenced to nine years in the Tennessee Department of Correction. On appeal, he argues (1) that the evidence presented at trial was insufficient to support a verdict beyond a reasonable doubt; and (2) that the nine year sentence imposed is excessive. Upon review, this Court finds no error on the part of the trial court and affirms the appellant's conviction and sentence. http://www.tba.org/tba_files/TCCA/usseryra.wpd THOMAS J. WILLIAMS v. STATE OF TENNESSEE Court:TCCA Attorneys: Thomas J. Williams, Nashville, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter, Michael Moore, Solicitor General, Marvin E. Clements, Jr., Assistant Attorney General, for the appellee, State of Tennessee. Judge: HAYES First Paragraph: Thomas J. Williams appeals from the Hickman County Circuit Court's denial of his pro se petition for post-conviction relief. After review, we find the trial court's summary dismissal proper because the petition (1) is time barred; (2) fails to state a colorable claim; and (3) raises claims which are waived as they were not raised in previous petitions. Accordingly, we affirm the trial court's denial of the petition. http://www.tba.org/tba_files/TCCA/williamstj.wpd Applicability of Hospital Liens Under the Criminal Injuries Compensation Act Date: September 7, 2000 Opinion Number: 00-139 http://www.tba.org/tba_files/AG/OP139.pdf Felony evading arrest, Tenn. Code Ann. S 39-16-603 Date: September 7, 2000 Opinion Number: 00-140 http://www.tba.org/tba_files/AG/OP140.pdf License Revocation for Non-Compliance with a Court Order of Visitation Date: September 8, 2000 Opinion Number: 00-141 http://www.tba.org/tba_files/AG/OP141.pdf Memphis City School System -- School Board Members' Compensation Date: September 11, 2000 Opinion Number: 00-142 http://www.tba.org/tba_files/AG/OP142.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. 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