April 20, 2001
Volume 7 — Number 073

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
06 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

STATE OF TENNESSEE v. JOHNNY F. DUGGER
Court:TCCA

Attorneys:

Frederick M. Lance, Johnson City, Tennessee, for the appellant, Johnny
F. Dugger.

Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan,
Assistant Attorney General; Joe C. Crumley, Jr., District Attorney
General; and Steven R. Finney, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The defendant pled guilty to four charges arising out of events in
Carter County and thirteen charges arising out of events in Washington
County.  Other than a forgery charge in Carter County, the charges all
stemmed from criminal acts occurring on March 12, 1999, when the
defendant and a friend broke into two vehicles parked at a local night
spot in Johnson City, stealing various pieces of sound equipment. 
When confronted by two security guards, the defendant knifed one guard
and ran into the other with his car.  A high-speed chase involving the
defendant and officers of the Johnson City Police Department ensued. 
The chase, crisscrossing between Washington and Carter Counties, ended
with the apprehension of the defendant, who was subsequently charged
with, and pled guilty to:  DUI; driving with a suspended license;
aggravated assault of the two security guards; felony evading arrest
(two counts); automobile burglary (two counts); theft under $500 (two
counts); aggravated assault of two Johnson City police officers; and
assault of another officer.  According to a plea agreement, the
defendant received an effective sentence of eight years as a Range I,
standard offender.  The trial court denied probation and any
community-based alternative to incarceration and ordered that the
defendant serve his sentence in the Tennessee Department of
Correction.  In this appeal, the defendant presents one issue for our
review:  whether the trial court appropriately sentenced him as to the
manner of service of his sentence.  The judgment of the trial court is
affirmed.

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


JOSEPH A. HOUGH v. STATE OF TENNESSEE Court:TCCA Attorneys: Joseph A. Hough, Northeast Correctional Center, Mountain City, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Jennifer L. Smith, Assistant Attorney General; and C. Berkeley Bell, Jr., District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: In February 2000, the petitioner filed a petition for post-conviction relief, setting out several claims as to the invalidity of his June 12, 1998, DUI guilty plea in the Greene County General Sessions Court. He had not appealed the plea of guilty but claimed that his post-conviction petition was timely because he had a "mental disability," which tolled the running of the applicable statute of limitations. The post-conviction court concluded that the petition was untimely and dismissed it. Finding that the allegations of "mental disability" are insufficient to toll the statute, we agree that the dismissal of the petition was proper. Further, we find that the notice of appeal was not timely filed. http://www.tba.org/tba_files/TCCA/houghja.wpd
JOSEPH A. MAINE v. STATE OF TENNESSEE Court:TCCA Attorneys: Terry E. Hurst, Newport, Tennessee, for the appellant, Joseph A. Maine. Paul G. Summers, Attorney General and Reporter; Clinton J. Morgan, Counsel for the State; Alfred C. Schmutzer, Jr., District Attorney General; James B. Dunn and Ronald C. Newcomb, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: MCGEE OGLE First Paragraph: On May 12, 1998, the petitioner, Joseph A. Maine, pled guilty in the Cocke County Circuit Court to one count of first degree murder and one count of conspiracy to commit first degree murder. The trial court sentenced the petitioner to life imprisonment in the Tennessee Department of Correction for the murder conviction and to twenty-five years incarceration in the Department for the conspiracy conviction. The petitioner filed a pro se petition for post-conviction relief alleging that his convictions were based upon unlawful guilty pleas, that his convictions were based on a violation of the privilege against self-incrimination, and that his plea counsel was ineffective. The post- conviction court appointed counsel, and an amended petition was filed contending that the petitioner was misinformed about his release eligibility date. The post-conviction court dismissed the petition for relief without holding an evidentiary hearing, and the petitioner appeals that dismissal. Upon review of the record and the parties' briefs, we reverse the judgment of the post-conviction court and remand this case for an evidentiary hearing. http://www.tba.org/tba_files/TCCA/mainejosepha.wpd
STATE OF TENNESSEE v. MARSHA L. McCLELLAN Court:TCCA Attorneys: Richard A. Spivey, Kingsport, Tennessee, for the appellant, Marshal L. McClellan. Paul G. Summers, Attorney General and Reporter; Glen C. Watson, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Barry P. Staubus, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant pled guilty to one count of theft of property over $1,000, and one count of conspiracy to commit theft of property over $1,000. The trial court sentenced her to concurrent sentences of two years on each conviction, suspended, with the defendant placed on four years of probation, and ordered to pay $10,000 restitution at $225 per month for the duration of her probationary period. In this appeal as of right, the defendant argues that the trial court abused its discretion in denying her request for judicial diversion. Based upon our review, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/mcclellanml.wpd
STATE OF TENNESSEE v. JOHN CALVIN SMITH Court:TCCA Attorneys: Johnny D. Houston, Jr., Chattanooga, Tennessee, for the appellant, John Calvin Smith. Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan, Assistant Attorney General; William H. Cox III, District Attorney General; and Rodney C. Strong, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant pled guilty to two counts of felonious possession of a weapon with an agreed sentence of two consecutive two-year terms. In this appeal, the defendant challenges the trial court's denial of alternative sentencing. Upon review of the record, we affirm the trial court's denial of alternative sentencing. http://www.tba.org/tba_files/TCCA/smithjc.wpd
STATE OF TENNESSEE v. ANDRE DEWAYNE TUCKER Court:TCCA Attorneys: Ardena J. Garth, District Public Defender; Donna Robinson Miller, Assistant District Public Defender (on appeal); and Tom Landis, Assistant District Public Defender (at trial), for the appellant, Andre Dewayne Tucker. Paul G. Summers, Attorney General and Reporter; Patricia C. Kussmann, Assistant Attorney General; William H. Cox III, District Attorney General; Dean C. Ferraro and Kelli Black, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant was convicted by a Hamilton County jury of aggravated assault, a Class C felony. The defendant now contends: (1) the evidence was insufficient to sustain his conviction; and (2) his sentence is excessive. After a thorough examination of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/tuckerad.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!
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. To join, go to: http://www.tba.org/join.html/

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free!

For the
Plain Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
SUBSCRIBE
3) Leave the body of the message blank

For the HTML Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
SUBSCRIBE HTML
3) Leave the body of the message blank

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

To STOP receiving TBALink Opinion-Flash:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
UNSUBSCRIBE
3) Leave the body of the message blank


© Copyright 2001 Tennessee Bar Association