October 3, 2000
Volume 6 -- Number 159

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
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
 

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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_1002.wpd


WILLIAM P. HENDERSON, et al. v. HENRY CLAY HART, JR. Court:TCA Attorneys: James H. Kinnard, Lebanon, Tennessee, for the appellant, Henry Clay Hart, Jr. Michael L. DeBusk, Knoxville, Tennessee, for the appellees, William P. Henderson and Lillian R. Henderson. Judge: GODDARD First Paragraph: This appeal arises from an executory contract for the sale of real property. Henry Clay Hart, Jr., the Appellant, appeals the judgment from the Knox County Circuit Court in favor of William P. Henderson and Lillian R. Henderson, the Appellees. Mr. Hart raises the issues of whether the Trial Court had proper subject matter jurisdiction to hear the case and whether the Court erred in finding that the executory sales contract was no longer in effect. We affirm the judgment of the Trial Court and remand for such further proceedings as may be necessary consistent with this opinion. We adjudge costs of appeal against Henry Clay Hart, Jr. and his surety. http://www.tba.org/tba_files/TCA/hendersonwil.wpd
STATE OF TENNESSEE v. CHRISTOPHER BENGTSON Court:TCCA Attorneys: Julie A. Rice, Contract Appellate Defender (on appeal); Charles M. Corn, District Public Defender; and William C. Donaldson, Assistant Public Defender (at trial) for the appellant, Christopher Bengtson. Paul G. Summers, Attorney General and Reporter; R. Stephen Jobe, Assistant Attorney General; Jerry N. Estes, District Attorney General; and Richard C. Newman, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant, Christopher Bengtson, was convicted by a McMinn County jury of three counts of reckless endangerment committed with a deadly weapon, a Class E felony. In this appeal as of right, the defendant raises two issues: (1) whether the evidence was sufficient as a matter of law to support the verdict; and (2) whether the trial court erred in failing to merge the three counts into one. We conclude that the evidence was sufficient as a matter of law for the jury to conclude beyond a reasonable doubt that the defendant was guilty of felony reckless endangerment. We agree with the defendant and the State that the three counts constituted a single course of conduct and should have been merged into one. We therefore affirm the felony reckless endangerment conviction for count one of the indictment but vacate the convictions for counts two and three. http://www.tba.org/tba_files/TCCA/bengtsonc.wpd
STATE OF TENNESSEE v. DANIEL PATRICK BYRD Court:TCCA Attorneys: J. Thomas Marshall, Jr., District Public Defender; and Nancy Meyer, Assistant District Public Defender, Clinton, Tennessee, for the appellant, Daniel Patrick Byrd. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; James N. Ramsey, District Attorney General; and Jan Hicks, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant was convicted of driving under the influence, second offense, and received a sentence of eleven months and twenty-nine days. The defendant was ordered to serve forty-five days in continuous confinement and five days on the weekends, with the remainder of his sentence to be served on probation. In this appeal as of right, the defendant makes the following allegations of error: (1) the trial court used an invalid judgment to elevate his DUI charge to a DUI second; (2) the trial court's initial denial of an appeal bond violated the Double Jeopardy Clause of the United States and Tennessee Constitutions; and (3) the trial court incorrectly concluded it was not authorized to grant work release or periodic confinement during the defendant's mandatory minimum period of incarceration for DUI. After a thorough review of the record, we conclude the trial court did not commit the above errors and affirm the defendant's conviction and sentence. http://www.tba.org/tba_files/TCCA/byrddp.wpd
STATE OF TENNESSEE v. BILLY JOE DILL Court:TCCA Attorneys: Ardena J. Garth, District Public Defender, and Donna Robinson Miller, Assistant District Public Defender, Chattanooga, Tennessee, for the appellant, Billy Joe Dill. Paul G. Summers, Attorney General & Reporter; Patricia C. Kussmann, Assistant Attorney General; William H. Cox, III, District Attorney General; and Dean Ferraro, Assistant District Attorney, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant pled guilty to one count of statutory rape and received judicial diversion pursuant to Tenn. Code Ann. S 40-35-313. However, after receiving diversion and after his diversionary period had expired, the defendant failed to comply with the Sex Offender Registration and Monitoring Act. For this failure, he was indicted and ultimately pled guilty to one count of violation of the Sexual Offender Registration and Monitoring Act (Tenn. Code Ann. S 40-39- 108) but reserved one issue for appeal: Does the Sex Offender Registration and Monitoring Act lawfully require a registrant to remain on the registry after the original case was disposed of pursuant to judicial diversion? Answering this question, we decide that this defendant does not fairly fall within the ambit of Tenn. Code Ann. S 40-39-102(2)(A) and therefore is not required to comply with the Sex Offender Registration and Monitoring Act. Accordingly, we reverse the judgment from the trial court. http://www.tba.org/tba_files/TCCA/dillbj.wpd
STATE OF TENNESSEE v. GORDON SCOTT KATZ Court:TCCA Attorneys: Nancy Meyer, Clinton, Tennessee, for the appellant, Gordon Scott Katz. John Knox Walkup, Attorney General and Reporter, Michael J. Fahey, II, Assistant Attorney General, Michael E. Moore, Solicitor General, Elizabeth B. Marney, Assistant Attorney General, and Jan Hicks, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant, Gordon Scott Katz, was found guilty by a jury in the Criminal Court of Anderson County of one count of auto burglary, a class E felony, and one count of theft under $500, a class A misdemeanor. Subsequently, the trial judge granted the appellant's motion for judgment of acquittal. The State appealed. This court reversed the trial court's judgment of acquittal and remanded for further proceedings. The appellant then moved for a new trial. The trial court denied the appellant's motion for new trial, stating that the opinion of this court mandated a reinstatement of the jury's verdict. http://www.tba.org/tba_files/TCCA/katzgs.wpd
STATE OF TENNESSEE v. ANTHONY LEE RICHARDSON Court:TCCA Attorneys: Anthony Lee Richardson, Cleveland, Tennessee, Pro. Se. Paul G. Summers, Attorney General and Reporter, R. Stephen Jobe, Assistant Attorney General and Carl Petty, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant appeals the order of the Polk County Criminal Court dismissing the appellant's appeal from the judgment of the Polk County General Sessions Court finding the appellant guilty of telephone harassment. Following a review of the limited record before this court and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/richardsonal.wpd
STATE OF TENNESSEE v. AMANDA LEE SUTTON Court:TCCA Attorneys: Jerry H. Summers and Jimmy F. Rodgers, Jr., Chattanooga, Tennessee, for the appellant, Amanda Lee Sutton. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; William H. Cox, III, District Attorney General; Kelli Lavon Crandell Black, Assistant District Attorney General; and Claire Hayes Brant, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant, a former day care worker, pled guilty to Class D felony child abuse for breaking the jaw of a two-year-old child in her care. She was given a three-year sentence, to be served in split confinement, with six months in the county workhouse and four years of supervised probation. On appeal, the defendant raises the issues of whether the trial court erred in considering the age, vulnerability, and risk to the victim's life as a sentencing enhancement factor when the offense was already classified according to the age of the victim, and whether the trial court erred in failing to utilize alternative sentencing. Based upon our review, we affirm the decision of the trial court. http://www.tba.org/tba_files/TCCA/suttonal.wpd

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