February 15, 2001 Volume 7 -- Number 030 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 00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court 03 New Opinion(s) from the Tennessee Court of Appeals 01 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 TOWN OF GREENEVILLE, TENNESSEE v. JOHN O. HARDIN, et al. Court:TCA Attorneys: Jeffrey A. Cobble, Greeneville, Tennessee, for the Appellants, John O. Hardin and wife, Peggy Hardin G. P. Gaby, Greeneville, Tennessee, for the Appellee, Town of Greeneville Judge: GODDARD First Paragraph: This is a suit by the Town of Greeneville to condemn a right-of-way for a sanitary sewer line over the property of John O. Hardin and Peggy Hardin, Defendants. The Hardins contested Greeneville's right to condemn in the Trial Court and, after an adverse ruling, appeal to this Court. We affirm. http://www.tba.org/tba_files/TCA/greenhardin.wpd TAMMY L.M. KLINE, for herself and for the use and benefit of LORI MICHELLE KLINE, KRISTY LAINE KLINE, and DIANA MARIE KLINE, v. LORI MICHELLE KLINE and minors KRISTY LAINE KLINE and DIANA MARIE KLINE, by their next friend, mother and natural guardian, MARCIA KLINE NEWCOMB v. DANIEL P. EYRICH, et al. WITH CONCURRING & DISSENTING OPINION Court:TCA Attorneys: Thomas S. Scott, Jr., and Christopher T. Cain, Knoxville, Tennessee, and Paul G. Beers, Roanoke, Virginia, for appellants Lori Michelle Kline and minors Kristy Laine Kline and Diana Marie Kline, by their next friend, mother and natural guardian, Marcia Kline Newcomb. Jerry A. Farmer, Knoxville, Tennessee, for appellee, Tammy L.M. Kline. Judge: FRANKS First Paragraph: In this dispute over attorneys' fees from a wrongful death action, the Trial Judge awarded fees to the widow's attorneys from the judgment and the minor children appealed. We vacate and remand. http://www.tba.org/tba_files/TCA/klinet_opn.wpd CONCURRING OPINION http://www.tba.org/tba_files/TCA/klinet_con.wpd DISSENTING OPINION http://www.tba.org/tba_files/TCA/klinet_dis.wpd STATE OF TENNESSEE V. CHRISTOPHER KNIGHTON Court:TCA Attorneys: Jon A. Anderson, for the appellant, Christopher Knighton. Paul G. Summers, Attorney General & Reporter; Mark A. Fulks, Counsel; Michael L. Flynn, District Attorney General; Kirk Andrews and Edward P. Bailey, Jr., Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: ACREE First Paragraph: The defendant was convicted by a jury of aggravated rape, aggravated burglary and theft. In his direct appeal, he presents six issues for review. Three of those issues concern the jury selection process, one issue is an evidentiary issue, and the other issues concern the sufficiency of the indictment and the sufficiency of the evidence. With respect to the jury selection process, we hold: the failure to raise the issue of a "Batson violation" during jury selection constitutes a waiver of that issue; the failure to swear the jury before voir dire is not reversible error unless it is shown that a juror did not truthfully answer the questions as the result of not being sworn; and the trial court did not abuse his discretion in refusing to dismiss two jurors for cause. Additionally, we hold that felony drug crimes are relevant to the issue of credibility under Tenn.R Evid. 609, and that under the facts of this case, the unfair prejudicial effect did not outweigh the probative value of the impeaching convictions. Finally, we hold that the indictment charging the defendant with aggravated rape was legally sufficient, and that the evidence was sufficient to support the verdict of the jury for that offense. http://www.tba.org/tba_files/TCA/knightonc.wpd STATE OF TENNESSEE v. TERESA EVERETT Court:TCCA Attorneys: Rex A. Dale, Lenoir City, Tennessee attorney for the appellant, Teresa Everett. Paul G. Summers, Attorney General and Reporter, Ellen H. Pollack, Assistant Attorney General and J. Scott McCluen, District Attorney General, Roger Delp, Assistant District Attorney, attorneys for the appelle, State of Tennessee. Judge: SMITH First Paragraph: Following a trial on September 28, 1998, a Loudon County jury convicted Teresa Everett, the defendant and appellant, of attempt to commit second-degree murder. The trial court subsequently sentenced her to serve fifteen (15) years in the Tennessee Department of Corrections. The defendant presents the following issues on appeal (1) Whether the evidence was sufficient to convict her; (2)Whether the trial court erred by allowing improper impeachment; (3) Whether the trial court erred by allowing a lay-witness to testify to his opinion; (4) Whether the trial court erred by allowing the state to introduce character evidence; (5) Whether the state's closing arguments were improper; and (6) Whether the defendant should be granted a new trial based on newly discovered evidence. Although the evidence is sufficient to support the verdict, we find the cumulative effect of all the remaining errors deprived the defendant of a fair trial. Accordingly, we reverse the judgment of the trial court and remand the case for a new trial. http://www.tba.org/tba_files/TCCA/everettteresa.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! 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