October 6 , 2000
Volume 6 -- Number 162

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
01 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
 

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Lucian T. Pera
Editor-in-Chief, TBALink

TRACI SORRELLS v. DONALD LEE SORRELLS
WITH CONCURRING OPINION

Court:TCA

Attorneys:

D. Mitchell Bryant, Cleveland, Tennessee, for the Appellant, Donald
Lee Sorrells

Jimmy W. Bilbo, Cleveland, Tennessee, for the Appellee, Traci Sorrells
                         
Judge: GODDARD

First Paragraph:

This is a suit by Traci Sorrells to terminate the parental rights of
her former husband, Donald Lee Sorrells, as to their son, Justin
Thomas Sorrells, who was born on November 15, 1991.  After an
evidentiary hearing, where only the parents testified, the Trial Court
found that Mr. Sorrells had abandoned his child and entered an order
of termination.  We reverse and dismiss.

http://www.tba.org/tba_files/TCA/sorrellstra_opn.wpd


CONCURRING OPINION
http://www.tba.org/tba_files/TCA/sorrellstra_con.wpd





STATE OF TENNESSEE v. HENRY C. BOND

Court:TCCA

Attorneys:

Mark E. Stephens, District Public Defender; and David Gall, Assistant
Public Defender, Knoxville, Tennessee, for the appellant, Henry C.
Bond.

Paul G. Summers, Attorney General and Reporter; R. Stephen Jobe,
Assistant Attorney General; Randall E. Nichols, District Attorney
General, and Zane Scarlett, Assistant District Attorney General, for
the appellee, State of Tennessee.                          

Judge: WEDEMEYER

First Paragraph:

The Defendant was convicted by a Knox County jury of two counts of
forgery not exceeding $500. The Defendant was sentenced as a career
offender to concurrent terms of six years on each conviction.  On
appeal, the Defendant contends that the evidence is not sufficient to
support his convictions for forgery.  Finding no error, we affirm.

http://www.tba.org/tba_files/TCCA/bondhc.wpd





MICHAEL TODD DRINNON v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

J. Russell Pryor, Greenville, Tennessee, D. Clifton Barnes,
Morristown, Tennessee, for the appellant, Michael Todd Drinnon.

Paul G. Summers, Attorney General and Reporter, John Knox Walkup,
Attorney General and Reporter, Clinton J. Morgan, Counsel for the
State, Elizabeth B. Marney, Assistant Attorney General, John Dugger,
Assistant District Attorney General, Victor Vaughn, Assistant District
Attorney General, for the appellee, State of Tennessee.                          

Judge: OGLE

First Paragraph:

The petitioner, Michael Todd Drinnon, was convicted in the Hamblen
County Criminal Court on two counts of evading arrest, a class E
felony, and two counts of driving on a revoked license, third offense,
a class A misdemeanor.  The trial court sentenced the petitioner to
eleven months and twenty-nine days incarceration in the county jail
for the driving on a revoked license convictions.  The trial court
also sentenced the petitioner to two years incarceration in the
Tennessee Department of Correction for the evading arrest convictions.
 The trial court further ordered that the petitioner's sentences for
driving on a revoked license be served concurrently with the sentences
for evading arrest, which were to be served consecutively, for an
effective sentence of four years.  Initially, the petitioner appealed
his conviction on the basis of sufficiency of the evidence.  However,
the trial exhibits were not included in the record on direct appeal.

http://www.tba.org/tba_files/TCCA/drinnonmt.wpd





STATE OF TENNESSEE v. GREGORY A. HEDGES 
AND
STATE OF TENNESSEE v. THOMAS D. CARTER

Court:TCCA

Attorneys:   

Gregory A. Hedges and Thomas D. Carter, Pikeville, Tennessee,
appellants, pro se.

Paul G. Summers, Attorney General & Reporter, R. Stephen Jobe,
Assistant Attorney General, Michael E. Moore, Solicitor General, James
Michael Taylor, District Attorney General, James W. Pope, III,
Assistant District Attorney General, for the appellee, State of
Tennessee.                       

Judge: WITT

First Paragraph:

In a consolidated appeal, the petitioners challenge the Bledsoe County
Criminal Court's dismissal of their petitions for habeas corpus
relief.  In the petitions, the petitioners, who were codefendants in
the conviction court, claim that the Tennessee Department of
Correction has no authority to incarcerate either of them on two of
their seven convictions because the two challenged convictions were
not set forth in separate, individual judgment forms. Finding no
defect in the conviction court's proceedings which merits habeas
corpus relief, we affirm the lower court's summary dismissal of the
petitions.

http://www.tba.org/tba_files/TCCA/hedgesga.wpd





STATE OF TENNESSEE v. DAVID ANTHONY LEE

Court:TCCA

Attorneys: 

Michael A. Anderson, Chattanooga, Tennessee, for the appellant, David
Anthony Lee.

Paul G. Summers, Attorney General and Reporter; Patricia C. Kussmann,
Assistant Attorney General; William H. Cox III, District Attorney
General; and Thomas E. Kimball, Assistant District Attorney General,
for the appellee, State of Tennessee.                         

Judge: WILLIAMS

First Paragraph:

The defendant, after pleading guilty to violation of the Motor Vehicle
Habitual Offenders Act, appeals his six-year sentence.  He argues that
the trial court erred in finding that he was a "career offender." 
Further, he argues that his sentence constitutes "cruel and unusual
punishment" in violation of Article 1, S16 of the Tennessee
Constitution and the Eighth Amendment to the United States
Constitution.  We affirm the trial court's judgment.

http://www.tba.org/tba_files/TCCA/leeda.wpd





JOHN PENLEY v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Richard A. Tate, Assistant Public Defender, Blountville, Tennessee,
for the appellant, John Penley.

Paul G. Summers, Attorney General and Reporter; Mark A. Fulks,
Assistant Attorney General; Greeley Wells, District Attorney General;
and J. Lewis Combs, Assistant District Attorney General, for the
appellee, State of Tennessee.                          

Judge: WELLES

First Paragraph:

The Defendant filed for post-conviction relief, alleging that his
guilty plea to drug-related charges (1) was not knowingly and
voluntarily entered; (2) was the result of ineffective assistance of
counsel; and (3) was contaminated by illegal evidence.  After a
hearing, the trial court denied relief, and the Defendant appeals as
of right.  We affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/penleyj.wpd

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