December 1, 2000 Volume 6 -- Number 195 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 04 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   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 JAMES W. HUNTER v. SHIRLEY C. HUNTER Court:TCA Attorneys: Patti Jane Lay and Jennifer Bjornstad, Knoxville, Tennessee, for the appellant, Shirley C. Hunter. Creed A. Daniel, Rutledge, Tennessee, for the appellee, James W. Hunter. Judge: SUSANO First Paragraph: In this divorce case, Shirley C. Hunter ("Wife") appeals, arguing that the trial court erred (1) in classifying and dividing the parties' property; (2) in refusing to find James W. Hunter ("Husband") in contempt for failing to pay Wife's medical bills; (3) in restricting Wife's spousal support award to one of alimony in solido of $7,200; (4) in awarding Husband a judgment against Wife for $5,068.53 in connection with Wife's use of his vehicle; and (5) in failing to award Wife her attorney's fees. We vacate the trial court's judgment ordering Wife to pay for her use of Husband's vehicle. In all other respects, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCA/hunterjw.wpd STATE OF TENNESSEE v. REGINALD TYRONE DONNELL Court:TCCA Attorneys: Steve McEwen, Mountain City, Tennessee; Comer Donnell, District Public Defender, for the appellant, Reginald T. Donnell. Paul G. Summers, Attorney General and Reporter; Clinton J. Morgan, Assistant Attorney General, Robert Hibbett, Assistant District Attorney; David Durham, Assistant District Attorney, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant, Reginald Tyrone Donnell, was indicted on two counts of first degree murder. A Wilson County jury found him guilty of two counts of second degree murder. Following a sentencing hearing, the trial court sentenced the Defendant to twenty-five (25) years in the Department of Correction for each count, with the sentences to run consecutively. The Defendant now appeals contending: 1) the evidence was insufficient to support convictions of second degree murder, 2) the trial court failed to exclude autopsy photographs of the victims, 3) the sentences imposed by the trial court were excessive, and 4) the trial court erred in ordering consecutive sentences. After review of the record, we affirm. http://www.tba.org/tba_files/TCCA/donnellrt.wpd STATE OF TENNESSEE v. BRENTOL CALVIN JAMES Court:TCCA Attorneys: V. Michael Fox, Nashville, Tennessee, for the appellant, Brentol Calvin James. Paul G. Summers, Attorney General and Reporter, Todd R. Kelley, Assistant Attorney General, and John C. Zimmerman, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant, Brentol Calvin James, was convicted by a jury in the Davidson County Criminal Court of one count of possession of a weapon during the commission of an offense, a class E felony. The trial court sentenced the appellant, as a Range I offender, to a one- year sentence of incarceration in the Davidson County Workhouse. The appellant raises the following issue for our review: whether the trial court erred in allowing a verdict to stand when there was insufficient evidence, as a matter of law, to support the conviction. Upon review of the record and the parties' briefs, we reverse the judgment of the trial court. http://www.tba.org/tba_files/TCCA/jamesbc.wpd STATE OF TENNESSEE v. RHONDA JENNINGS Court:TCCA Attorneys: J. Timothy Street, Franklin, Tennessee, attorney for the appellant, Rhonda Jennings. Paul G. Summers, Attorney General and Reporter, David H. Findley, Assistant Attorney General, and Ron Davis, District Attorney General, Lee Dryer, Assistant District Attorney, attorneys for the appellee, State of Tennessee. Judge: SMITH First Paragraph: On October 28, 1998, at the conclusion of a bench trial, Rhonda Jennings, the defendant and appellant, was found guilty of one count of theft over five-hundred dollars and one count of theft under five-hundred dollars. Following a sentencing hearing on February 26, 1999, the trial court ordered the defendant to serve two years on community corrections after serving twenty days in jail. On April 29, 1999, a warrant was filed against the defendant alleging that she had violated a condition of her community corrections sentence. After an evidentiary hearing on July 12, 1999, the trial court revoked the defendant's community corrections sentence and re-sentenced her to eighteen months incarceration. On appeal, the appellant claims that her sentence is excessive. After a thorough review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/jenningsrhonda.wpd STATE OF TENNESSEE v. TORONDA SHERELLE WILLIAMS Court:TCCA Attorneys: Jennifer Lynn Thompson, Nashville, Tennessee, attorney for the appellant, Toranda Sherelle Williams. Paul G. Summers, Attorney General & Reporter, Russell S. Baldwin, Assistant Attorney General, and Victor S. Johnson, District Attorney General, Lisa Naylor, Assistant District Attorney, attorneys for the appellee, State of Tennessee. Judge: SMITH First Paragraph: Following a grand jury indictment, Toranda Williams, the defendant and appellant, was tried and convicted of first-degree murder in the Davidson County Criminal Court. On appeal, she argues (1) that the trial court erroneously admitted testimony about the results of a polygraph examination; (2) that the court erroneously admitted hearsay testimony; and (3) that the cumulative effect of these errors was substantial enough to require reversal. Because we find the trial court's error in admitting the polygraph test results was harmless, and because the issue regarding hearsay testimony has been waived for failure to include it in the motion for a new trial, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/williamstoranda.wpd 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! 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