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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