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   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_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 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. 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