December 18 , 2000 Volume 6 -- Number 205 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 02 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 03 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_1218.wpd N RE: AMENDMENTS TO SUPREME COURT RULE 7, Articles II, VI and XII ORDER Court:TSC - Rules Judge: ANDERSON First Paragraph: On September 10, 1999, this Court entered an order inviting public comments on proposed amendments, submitted by the Board of Law Examiners, to Articles II and XII of Supreme Court Rule 7 regarding the approval of Tennessee law schools not accredited by the American Bar Association. The deadline for written comments was November 1, 1999. At the request of the Tennessee Bar Association, the Court extended the deadline for written comments until January 31, 2000. The Nashville School of Law filed its comments on November 1, 1999 and requested the opportunity to make an oral presentation to the Court. By order entered November 10, 1999, we scheduled oral argument for February 8, 2000. The Tennessee Bar Association filed its comments on January 31, 2000. In addition, this Court instructed the Board to contact the Deans of the three ABA accredited law schools in Tennessee and ask the Deans to assess the implications of the Board's proposed changes which enhance the role of law schools in determining the character and fitness of law school applicants, students, and graduates and which impose standards somewhat different than those currently required by the American Bar Association. The three Deans have responded to the Board's comments on "the role of approved law schools in assessing the character and fitness of their students to practice law in Tennessee." http://www.tba.org/tba_files/TSC_Rules/rule7amend_ord.wpd STATE OF TENNESSEE v. NICHOLAS ROBERTS BROWN Court:TCCA Attorneys: Edward C. Miller, Public Defender, Dandridge, Tennessee, for the appellant, Nicholas Roberts Brown. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Al Schmutzer, Jr., District Attorney General; and Steven Hawkins, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Nicholas Roberts Brown, pleaded guilty to one count of statutory rape. Pursuant to his plea agreement, he received a sentence of one year, with the manner of service of the sentence to be determined by the trial court. After a sentencing hearing, the Defendant was ordered to serve sixty days in jail, with the remainder of his sentence to be served in community corrections. In this appeal as of right, the Defendant argues that he should have been placed on immediate probation. We hold that the Defendant failed to establish his suitability for full probation, but we modify the his sentence to sixty days incarceration followed by supervised probation because the Defendant is statutorily ineligible to participate in the community corrections program. The case is remanded for the trial court to determine the conditions of probation. http://www.tba.org/tba_files/TCCA/brownnr.wpd STATE OF TENNESSEE v. RICKY EUGENE COFER Court:TCCA Attorneys: Joe H. Walker, District Public Defender; Roland E. Cowden and Walter B. Johnson II, Assistant District Public Defenders, Harriman, Tennessee, for the appellant, Ricky Eugene Cofer. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; J. Scott McCluen, District Attorney General; and Frank A. Harvey, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: Defendant was indicted for aggravated robbery, and a Roane County jury found him guilty of the lesser offense of simple robbery, a Class C felony. The trial court sentenced him to six years as a Range II, multiple offender, to be served consecutively to a prior Anderson County sentence. In this appeal, defendant makes the following allegations: (1) the evidence was insufficient to support his conviction; (2) the jury foreman impermissibly interjected extraneous information into the jury deliberations; and (3) consecutive sentences were not warranted. Upon our review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/coferre.wpd STATE OF TENNESSEE v. GENE ALLAN LOGUE Court:TCCA Attorneys: Terry J. Leonard, for appellant, Gene Allan Logue. Paul G. Summers, Attorney General & Reporter, Kim R. Helper, Assistant Attorney General, Robert "Gus" Radford, District Attorney General, Beth Boswell, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: CLARK First Paragraph: Defendant was convicted of theft of property over $500.00, and sentenced to two (2) years as a Range I standard offender. Defendant now appeals as of right, and raises the following issues: the evidence is insufficient to sustain his conviction, the court erred in failing to grant his motion for judgment of acquittal because the state failed to prove the value of the property stolen and the venue of the crime in Benton County, and the court erred in sentencing defendant to serve two (2) years and failing to consider alternative sentencing. We affirm the decision of the trial court. http://www.tba.org/tba_files/TCCA/loguega.wpd STATE OF TENNESSEE v. BILLY THOMPSON Court:TCCA Attorneys: James D. Franks, Hernando, Mississippi, and S. Ronald Lucchesi, Memphis, Tennessee, for the Appellant, Billy Thompson. Paul G. Summers, Attorney General and Reporter, Michael Moore, Solicitor General, J. Ross Dyer, Assistant Attorney General, Wlliam L. Gibbons, District Attorney General, and Paula Wulff and Reginald Henderson, Assistant District Attorneys General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: In 1995, Billy Thompson, a Mississippi resident, was convicted in Shelby County of driving under the influence, resulting in suspension of his driving privileges in this state for one year. Fifteen months later, Thompson was again charged and convicted of driving under the influence, sixth offense, reckless driving and driving while revoked, being the instant offenses before this court. On the date of the latter offenses, Thompson possessed a valid Mississippi driver's license, however, he had not complied with the statutory requirements for reinstatement of his driving privileges in this state. Thompson appeals his convictions contending the trial court erred (1) by failing to sever the charge of driving while license revoked from the remaining counts and (2) by failing to grant his motion for judgment of acquittal as to the charge of driving while license revoked. We conclude that all charges were properly joined pursuant to Tenn. R. Crim. P. 8(a). Moreover, we hold that a nonresident motorist, although possessing a valid out-of-state license, may not operate a motor vehicle in this state following this state's revocation of his driving privileges until the motorist complies with Tennessee's reinstatement procedures. Because we find the proof sufficient to support the challenged conviction, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/thompsonbilly.wpd Application of Tenn. Code Ann. S 39-17-1352(e)(1) & (2) to General Sessions Courts Date: December 12, 2000 Opinion Number: 00-183 http://www.tba.org/tba_files/AG/OP183.pdf Zoning and Planned Growth Areas under Growth Law Date: December 13, 2000 Opinion Number: 00-184 http://www.tba.org/tba_files/AG/OP184.pdf Fundraising for Federal Office during Legislative Session Date: December 13, 2000 Opinion Number: 00-185 http://www.tba.org/tba_files/AG/OP185.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. TBA members may join TBALink for just $50 per year. 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