May 3, 2001
Volume 7 — Number 081

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
01 New Opinion(s) from the Tennessee Court of Appeals
03 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
 

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Lucian T. Pera
Editor-in-Chief, TBALink

THE ESTATE OF VELMA MONROE RUSSELL v. KNOX COUNTY, TENNESSEE 
Court:TCA

Attorneys: 

Samuel W. Brown, Knoxville, Tennessee, for the Appellant, The Estate
of Velma Monroe Russell

Wendell K. Hall, Knoxville, Tennessee, for the Appellee, Knox County,
Tennessee                         

Judge: GODDARD

First Paragraph:

The Estate of Velma Monroe Russell, which was substituted as a party
Plaintiff after the death of Mrs. Russell after the suit was filed but
prior to trial, sues Knox County for injuries to her as a result of an
automobile accident at a four-way-stop intersection.  The Trial Court
found the County was guilty of no negligence proximately causing the
accident and the injuries to Mrs. Russell.  We affirm.

http://www.tba.org/tba_files/TCA/russellvel.wpd


WILLIAM RONALD JORDAN v. STATE OF TENNESSEE Court:TCCA Attorneys: Hershell D. Koger, Pulaski, Tennessee (on appeal); and William Bright, District Public Defender, Pulaski, Tennessee, (at trial) for the appellant, William Ronald Jordan. Paul G. Summers, Attorney General and Reporter; R. Stephen Jobe, Assistant Attorney General; Mike Bottoms, District Attorney General; and Richard Dunavant, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: The petitioner, William Ronald Jordan, was convicted by a jury in the Giles County Circuit Court of driving under the influence of an intoxicant ("DUI") and attempted robbery. The trial court sentenced Petitioner as a multiple Range II offender to six years for the attempted robbery conviction and to eleven months and twenty-nine days for the DUI conviction, with the sentences to be served concurrently. This court affirmed Petitioner's convictions on direct appeal, and Petitioner subsequently filed a pro se petition, with two amendments, for post-conviction relief alleging ineffective assistance of counsel. The post-conviction court denied Petitioner relief. In this appeal, Petitioner asserts that he received ineffective assistance of counsel on the following grounds: (1) counsel failed to submit adequate evidence at the hearing on his motion to dismiss based upon denial of his right to a speedy trial; (2) counsel's advice to Petitioner not to testify at trial deprived him of a jury instruction on renunciation as a defense; and (3) counsel failed to object when the State filed an untimely motion for enhanced punishment under Tenn. R. Crim. P. 12.3. After a review of the record and applicable law, we affirm the post-conviction court's judgment. http://www.tba.org/tba_files/TCCA/jordanwr.wpd
STATE OF TENNESSEE v. ROBERT LEE PATTEE Court:TCCA Attorneys: John P. Cauley, Franklin, Tennessee, (on appeal) and Lionel R. Barrett, Jr. and Jefre S. Goldtrap, Nashville, Tennessee, (at trial) for the appellant, Robert Lee Pattee. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Lawrence Ray Whitley, District Attorney General; and Wayne Hyatt, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: The defendant, Robert Lee Pattee, appeals as of right following his conviction by a jury in the Sumner County Criminal Court for first degree murder. The trial court sentenced Defendant to life imprisonment in the Department of Correction. Defendant raises the following issues in this appeal: (1) whether the trial court erred by refusing to instruct the jury on the lesser-included offense of voluntary manslaughter; (2) whether the trial court erred when it determined Defendant's suicide note was inadmissible at trial; and (3) whether the evidence of premeditation was sufficient to convict him of first degree murder. After a thorough review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/patteerl.wpd
CONCURRING http://www.tba.org/tba_files/TCCA/patteerlcon.wpd
STATE OF TENNESSEE v. LINDA GAIL PHILPOT Court:TCCA Attorneys: Curtis H. Gann (on appeal) and Andrew Jackson Dearing, (at trial) Asst. Public Defenders, Shelbyville, Tennessee, for the Appellant, Linda Gail Philpot. Paul G. Summers, Attorney General and Reporter, Michael Moore, Solicitor General, Elizabeth T. Ryan, Assistant Attorney General, William Michael McCown, District Attorney General, and Michael Randles, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: Linda Gail Philpot entered "best interest" pleas to forty-one counts of forgery. Pursuant to the negotiated plea agreement, Philpot received an effective sentence of fourteen years. The manner of service, including entitlement to probation, was submitted to the trial court. The trial court denied all forms of alternative sentencing based upon its finding of lack of remorse and poor prospects for rehabilitation. On appeal, Philpot argues that the trial court erred in denying an alternative sentence. After review, we conclude that a sentence of split confinement will best serve the interests of the public and the Appellant. The judgment, accordingly, is reversed and remanded for entry of a sentence of split confinement reflecting a period of thirty-five days confinement in the local jail or workhouse with the remainder of the effective fourteen-year sentence to be served on supervised probation. http://www.tba.org/tba_files/TCCA/philpotlg.wpd

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