December 4, 2000 Volume 6 -- Number 196 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 00 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 SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_1204.wpd STATE OF TENNESSEE v. TONY ALLEN LEONARD Court:TCCA Attorneys: Larry S. Weddington, Bristol, Tennessee, attorney for appellant, Tony Allen Leonard. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Teresa Murray-Smith, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant appeals his conviction for aggravated sexual battery, contending that the evidence is insufficient to support his conviction, the trial court erred in allowing hearsay evidence, and the trial court erred in allowing the state to impeach the defendant on cross-examination with a prior felony conviction. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/leonardta.wpd STATE OF TENNESSEE v. ROBERT BENTLEY MILLER Court:TCCA Attorneys: Joseph F. Harrison, Assistant Public Defender, Blountville, Tennessee, for the appellant, Robert Bentley Miller. Paul G. Summers, Attorney General and Reporter; Clinton J. Morgan, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Mary Katharine Harvey, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant, pursuant to a plea agreement, pleaded guilty as a Range II multiple offender to two counts of facilitation of the sale of a Schedule IV drug (a Class E felony) and three counts of facilitation of the sale of a Schedule VI drug (a Class A misdemeanor). The Defendant received sentences of three years for each of the felonies and eleven months, twenty-nine days for each of the misdemeanors. All five sentences were to be served concurrently, for an effective sentence of three years. The manner of service of the sentence was not part of the plea agreement but was to be decided by the trial court after a sentencing hearing. At the sentencing hearing, the trial court determined that the sentence should be served in the Department of Correction. In this appeal, the Defendant argues that he was wrongfully denied probation or alternative sentencing. Finding no merit to the Defendant's argument, we affirm the ruling of the trial court. http://www.tba.org/tba_files/TCCA/millerrb.wpd DAYLON DEMETRIC ROBERTS v. STATE OF TENNESSEE Court:TCCA Attorneys: Brandt Davis, Knoxville, Tennessee, for the appellant, Daylon Demetric Roberts. Paul G. Summers, Attorney General and Reporter, Patricia C. Kussman, Assistant Attorney General, Randall E. Nichols, District Attorney General, and Robert L. Jolley, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant was convicted of murder perpetrated in an attempt to commit a robbery. His conviction was affirmed on appeal to this Court, and the Tennessee Supreme Court denied permission to appeal. The Defendant subsequently filed a petition for post-conviction relief. After an evidentiary hearing, the trial court denied the petition. The Defendant now appeals the trial court's denial of post-conviction relief, arguing that conflicts with his attorneys prevented the attorneys from providing him effective assistance of counsel at trial and that the trial court forced him to proceed to trial despite those conflicts. Finding no error in the record before us, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/robertsdd.wpd STATE OF TENNESSEE v. JOSHUA L. WEBSTER Court:TCCA Attorneys: Shawn G. Graham, Assistant District Public Defender, Maryville, Tennessee, for the Appellant, Joshua L. Webster. Paul G. Summers, Attorney General & Reporter, R. Stephen Jobe, Assistant Attorney General, Michael L. Flynn, District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The defendant appeals the trial court's denial of probation or split confinement as the manner of serving his eight-year rape sentence. Because the record supports the trial court's imposition of an incarcerative sentence, we affirm. http://www.tba.org/tba_files/TCCA/websterjl.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! 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. To join, go to: http://www.tba.org/join.html/ SUBSCRIBE TO OPINION FLASH! Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! 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