March 8 , 2001
Volume 7 -- Number 043

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
00 New Opinion(s) from the Tennessee Court of Appeals
02 New Opinion(s) from the Tennessee Court of Criminal Appeals
02 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

						
STATE OF TENNESSEE v. JAMES HENDERSON DELLINGER & GARY WAYNE SUTTON

Court:TCCA

Attorneys:  

Eugene B. Dixon; Charles Deas, Maryville, Tennessee, for appellant,
James Henderson Dellinger, and F.D. Gibson, Maryville, Tennessee and
John Goergen, Knoxville, Tennessee, for the appellant, Gary Wayne
Sutton.

John Knox Walkup, Attorney General & Reporter; Michael E. Moore,
Solicitor General; Kenneth W. Rucker, Assistant Attorney General; and
Mike Flynn, District Attorney General, for the appellee, State of
Tennessee.                         

Judge: SMITH

First Paragraph:

On April 6, 1992, the Blount County Grand Jury indicted Appellants
James Henderson Dellinger and Gary Wayne Sutton for one count each of
first-degree murder in the death of Tommy Griffin.  Following a jury
trial, the Appellants were convicted of first degree murder.  After a
subsequent sentencing hearing the jury imposed the death penalty on
both appellants.  They raise thirty five alleged errors concerning
both the guilt and sentencing phase of their trial.  After a review of
the entire record we have concluded there is no reversible error and
we therefore AFFIRM the verdict.

http://www.tba.org/tba_files/TCCA/dellingsutton.wpd


STATE OF TENNESSEE v. DEWAYNE GREENE Court:TCCA Attorneys: Edward Cantrell Miller, District Public Defender; Robert Scott, Assistant Public Defender; and Susanne Bales, Assistant Public Defender, Dandridge, Tennessee, for the appellant, Dewayne Green. Paul G. Summers, Attorney General & Reporter; Kim R. Helper, Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney General; and Charles L. Murphy, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant, Dewayne Greene, was convicted by a guilty plea of simple assault, resisting arrest, evading arrest, and reckless endangerment in Hamblen County Circuit Court. The trial court sentenced Defendant to eleven months and twenty-nine days, with three-hundred days to be served in confinement. Defendant was also indicted by the Jefferson County Grand Jury for two counts of aggravated assault arising from incidents involving the same victim as those which generated the Hamblen County indictments. Defendant pled guilty in the Jefferson County Circuit Court with the condition that the trial court "reserve an entry of conviction" until the court heard Defendant's motion to dismiss on grounds of double jeopardy. After the trial court heard and denied Defendant's motion, it sentenced Defendant as a Range I offender to concurrent terms of six years for each count of aggravated assault. In this appeal, Defendant argues that (1) double jeopardy bars the Jefferson County convictions because Defendant's previous Hamblen County convictions were based upon the same conduct, and (2) Defendant's sentence for the aggravated assault convictions is excessive. After a thorough review of the record, we find that only Defendant's sentencing issue is properly before this Court. Defendant failed to properly reserve the double jeopardy issue as a certified question of law for appellate review. We affirm the sentence of six years for count 1 and reduce the sentence for count 2 to five years; the total effective sentence remains at six years. http://www.tba.org/tba_files/TCCA/greened.wpd
Salary of Hamblen County General Sessions Judge Date: March 5, 2001 Opinion Number: 01-029 http://www.tba.org/tba_files/AG/OP29.pdf
RU-486 -- Abortion -- Parental Consent and Informed Consent Statutes Date: March 7, 2001 Opinion Number: 01-030 http://www.tba.org/tba_files/AG/OP30.pdf

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