December 12, 2000
Volume 6 -- Number 201

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
04 New Opinion(s) from the Tennessee Court of Criminal Appeals
01 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 SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_1211.wpd


JILL MICHELLE KAUFMANN RABUCK v. ROBERT LEWIS RABUCK Court:TCA Attorneys: Browder G. Williams, Harriman, Tennessee, for the Appellant, Robert Lewis Rabuck. David E. Caywood and Stacy A. Ingle, Memphis, Tennessee, for the Appellee, Jill Michelle Kaufmann Rabuck. Judge: SWINEY First Paragraph: In this divorce case, Husband appeals the amount and type of alimony awarded to Wife and the Trial Court's award of Wife's attorney fees. The Trial Court first awarded Wife $5,800 per month alimony in futuro, but after hearing arguments of counsel on Husband's Motion to Alter or Amend, reduced the award to $4,800 alimony in futuro and $1,000 per month for 24 months as rehabilitative alimony. After the Trial Court's Judgment was filed, our Supreme Court held, in Crabtree v. Crabtree, 16 S.W.3d 356 (Tenn. 2000), that a concurrent award of rehabilitative and in futuro alimony is inconsistent. Accordingly, Wife may receive alimony in futuro or rehabilitative alimony but she may not receive both concurrently. We therefore modify the Trial Court's Judgment to reflect that Wife is awarded $5,800 per month alimony in futuro for 24 months, and $4,800 per month alimony in futuro thereafter. We affirm the Trial Court's award of Wife's attorney fees at trial but decline to award Wife's attorney fees on appeal. http://www.tba.org/tba_files/TCA/rabuckjm.wpd
STATE OF TENNESSEE v. JOHN LEE HAMPTON Court:TCCA Attorneys: Jeannie Kaess, Bolivar, Tennessee, for the appellant, John Lee Hampton. Paul G. Summers, Attorney General & Reporter, Mark E. Davidson, Assistant Attorney General, and James W. Freeland, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, John Lee Hampton, who was charged with two counts of rape, was convicted of two counts of statutory rape. The trial court imposed two concurrent one-year sentences, with all but sixty days suspended. In this appeal as of right, the defendant asserts that the evidence was insufficient. He also argues that the trial court erred by admitting certain photographs into evidence, by rehabilitating a juror, by denying his motion in limine to exclude evidence of uncharged sexual offenses involving the victim, by permitting the victim to testify in rebuttal regarding an uncharged sexual offense, and by refusing to suspend his entire sentence. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/hamptonjohnl.wpd
STATE OF TENNESSEE v. DEWAYNE JORDAN Court:TCCA Attorneys: Tony N. Brayton, Assistant Public Defender and Dianne Thackery, Assistant Public Defender, for the appellant, Dewayne Jordan. Paul G. Summers, Attorney General and Reporter, J. Ross Dyer, Assistant Attorney General, William L. Gibbons, District Attorney General, Jerry Harris, Assistant District Attorney General, and Lee V. Coffee, Assistant District Attorney General for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant, Dewayne Jordan, was found guilty by a Shelby County jury of first degree premeditated murder of one victim, first degree felony murder of a second victim and aggravated robbery. The Defendant was sentenced to two consecutive life sentences for the murder convictions and to ten years imprisonment for the aggravated robbery conviction. The ten-year sentence was to be served concurrently with the two life sentences. The Defendant now appeals his convictions, raising the following issues: (1) whether there was sufficient evidence to convict the Defendant of first degree premeditated murder, first degree felony murder and aggravated robbery, (2) whether the trial court properly admitted the Defendant's statement into evidence, and (3) whether the trial court properly ordered that the Defendant's two life sentences be served consecutively. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/jordand.wpd
STATE OF TENNESSEE v. DON ALLEN RODGERS Court:TCCA Attorneys: Stephen P. Spracher, Assistant Public Defender, for the Appellant, Don Allen Rodgers. Paul G. Summers, Attorney General & Reporter, Patricia C. Kussman, Assistant Attorney General, James G. Woodall, District Attorney General, Jody Pickens, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The defendant appeals the trial court's revocation of his community corrections sentence and the imposition of incarceration in the Department of Correction. Finding no abuse of the trial court's discretion in making either determination, we affirm. http://www.tba.org/tba_files/TCCA/rodgersda.wpd
JOSEPH KENNETH TIPLER v. STATE OF TENNESSEE Court:TCCA Attorneys: Robert Little, Memphis, Tennessee, for the Appellant, Joseph Kenneth Tipler. Paul G. Summers, Attorney General & Reporter; Kim R. Helper, Assistant Attorney General; William L. Gibbons, District Attorney General; Glen Baity, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The petitioner appeals the trial court's dismissal of his petition for post-conviction relief. The record supports the trial court's determination that the petitioner failed to establish his claims that he received ineffective assistance of counsel when trial counsel (1) failed to obtain a transcript of the preliminary hearing and (2) failed to move for a severance of offenses. Accordingly, we affirm. http://www.tba.org/tba_files/TCCA/tiplerjk.wpd
Concurrent Jurisdiction Pursuant to Tenn. Code Ann. S 16-15-5004(d). Date: December 7, 2000 Opinion Number: 00-182 http://www.tba.org/tba_files/AG/OP182.pdf

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