January 29, 2001 Volume 7 -- Number 018 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 03 New Opinion(s) from the Tennessee Court of Criminal Appeals 04 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_0129.wpd STATE OF TENNESSEE v. BRYAN HERMAN DOWDY Court:TCCA Attorneys: Robert M. Brannon, Jr., Memphis, Tennessee, for the appellant, Bryan Herman Dowdy. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; Elizabeth T. Rice, District Attorney General; Tracey A. Brewer and Colin A. Campbell, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: Defendant, Bryan Herman Dowdy, appeals his jury convictions for vehicular homicide by intoxication, two counts of vehicular assault, and felony evading arrest. He was sentenced to eight years and six months for vehicular homicide, two years for each of the vehicular assaults, and two years for felony evading arrest, with an effective sentence of ten years and six months. In this appeal, he raises the following issues for our review: (1) whether the evidence was sufficient to sustain his convictions; (2) whether items from his vehicle were improperly admitted; (3) whether his blood alcohol test result was improperly admitted into evidence; (4) whether the underlying DUI charge should have been severed; (5) whether he was improperly denied access to an officer's personnel file during cross-examination; (6) whether the trial court erroneously instructed the jury to use their "common sense;" and (7) whether his sentence was excessive. After our review of the record, we find all issues to be without merit and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/dowdybh.wpd STATE OF TENNESSEE v. BOBBY J. HUGHES Court:TCCA Attorneys: Randall B. Tolley, Memphis, Tennessee, and John P. Pritchard, Memphis, Tennessee, for the appellant, Bobby J. Hughes. Paul G. Summers, Attorney General and Reporter, Mark E. Davidson, Assistant Attorney General, William L. Gibbons, District Attorney General, and Jennifer Smith Nichols, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant, Bobby J. Hughes, was indicted by the Shelby County Grand Jury for the offense of attempted second degree murder. He was subsequently tried by jury and found guilty of attempted second degree murder. In this appeal as of right, the Defendant argues (1) that the evidence was insufficient to support his conviction; (2) that the trial court erred by allowing into evidence four photographs of the victim's wounds; (3) that the trial court erred by allowing the victim to identify the Defendant from a photograph during trial; (4) that the trial court erred by allowing the State to question the Defendant about prior convictions after defense counsel concluded redirect examination; and (5) that the trial court erred by not instructing the jury on attempted voluntary manslaughter. We conclude that the trial court's failure to instruct the jury on the crime of attempted voluntary manslaughter as a lesser-included offense was plain error and was not harmless beyond a reasonable doubt. Accordingly, we reverse the Defendant's conviction and remand the case to the trial court for a new trial. http://www.tba.org/tba_files/TCCA/hughesbj.wpd STATE OF TENNESSEE v. HENRY MARSHALL, JR. Court:TCCA Attorneys: Stephen P. Spracher, Jackson, Tennessee, for the appellant, Henry Marshall, Jr. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant Henry Marshall, Jr. was convicted of reckless aggravated assault following a jury trial in the Madison County Circuit Court. After a sentencing hearing, the trial court sentenced Defendant as a Range I Standard Offender to a term of two years, with the Defendant to serve eleven months and twenty-nine days in the local jail, and the remaining one year and one day on supervised probation. The Defendant challenges his conviction and his sentence, raising the following issues: (1) whether the trial court erred in denying Defendant's request for an instruction on self-defense, (2) whether the trial court erred in denying Defendant's request for an instruction on the lesser- included offense of simple assault and (3) whether the trial court correctly sentenced the defendant. After a review of the record, we affirm the judgment of the trial court as modified herein. http://www.tba.org/tba_files/TCCA/marshallh.wpd Validity of Residency Requirement for President Emeritus under Chapter 840, 2000 Tennessee Public Acts under United States and Tennessee Constitutions Date: January 17, 2001 Opinion Number: 01-007 http://www.tba.org/tba_files/AG/OP7.pdf Authority for Certification of Firefighters Date: January 25, 2001 Opinion Number: 01-008 http://www.tba.org/tba_files/AG/OP8.pdf Clergy-Penitent Privilege Date: January 25, 2001 Opinion Number: 01-009 http://www.tba.org/tba_files/AG/OP9.pdf Civil Liability of a Parent for Minor Child's Conversion of Property Date: January 25, 2001 Opinion Number: 01-010 http://www.tba.org/tba_files/AG/OP10.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. 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