May 14, 2001 Volume 7 — Number 088 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 02 New Opinion(s) from the Tennessee Court of Appeals 04 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 SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0514.wpd DAVID WILLIAM EASON v. MELISSA CRAFT EASON BRUCE, et al. Court:TCA Attorneys: Richard M. Murrell, Memphis, Tennessee, for the appellant, David William Eason. John D. Horne, Memphis, Tennessee, for the appellees, John W. Craft and Jackie Craft. Judge: FARMER First Paragraph: This is a post-divorce child custody case. In its initial decree, the trial court found that neither parent demonstrated sufficient interest or ability to care for the minor children and custody was awarded to the maternal grandparents. Subsequently, the trial court awarded joint custody of the children to the father and the maternal grandparents. Father petitioned for sole custody which the trial court denied. Father appeals. We affirm. http://www.tba.org/tba_files/TCA/easondavidw.wpd SHAWN PATRICK FARIEN v. REGINA CANTRELL FARIEN (McKINNISH) Court:TCA Attorneys: James D. Causey, David E. Caywood, Marc E. Reisman, Memphis, Tennessee, for the Plaintiff/Appellant, Shawn Patrick Farien. Melinda Plass Jewell, Cordova, Tennessee, for the Defendant/Appellee, Regina Cantrell Farien (McKinnish). Judge: LILLARD First Paragraph: This is a child custody case. The parties and their minor child lived in Tennessee with the father's parents. The mother moved to Georgia with the child to live with her parents. Custody was awarded to the mother, and the father was granted broad visitation rights. The father appeals. We affirm, finding that the custody award is based in large part on the trial court's determinations of credibility and assessment of the parties' demeanor, and finding that the evidence does not preponderate against the award of custody to the mother. http://www.tba.org/tba_files/TCA/fariensp.wpd LAVERNE M. LAIN, JR. v. STATE OF TENNESSEE Court:TCCA Attorneys: Timothy S. Priest, Winchester, Tennessee, for the appellant, Laverne M. Lain, Jr. Paul G. Summers, Attorney General and Reporter; Clinton J. Morgan, Counsel for the State; and Charles Michael Layne, District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The petitioner appeals from the denial of his post-conviction petition, contending that his guilty plea was not entered voluntarily and intelligently and that he received the ineffective assistance of counsel. We affirm the trial court's denial of the petition. http://www.tba.org/tba_files/TCCA/lainlm.wpd STATE OF TENNESSEE v. THOMAS JARED RICHARDSON Court:TCCA Attorneys: Cynthia M. Fort, Nashville, Tennessee, for the appellant, Thomas Jared Richardson. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Kymberly Haas, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Thomas Jared Richardson, pled guilty to two counts of possession of less than .5 grams of cocaine with the intent to manufacture, deliver, or sell, a Class C felony. See Tenn. Code Ann. S 39-17-417. The trial court imposed concurrent sentences of six years for each count, to be served in the Davidson County Workhouse. The trial court also assessed a fine of $3,500 and ordered the defendant to forfeit his weapon. In this appeal of right, the defendant argues that the trial court should have imposed probation or some other alternative sentence. The judgment is affirmed. http://www.tba.org/tba_files/TCCA/richardsontj.wpd STATE OF TENNESSEE v. DWAYNE SIMMONS Court:TCCA Attorneys: Dwayne Simmons, Columbia, Tennessee, Pro Se (on appeal) and Dana C. McLendon, III, Franklin, Tennessee (at trial) for the appellant, Dwayne Simmons. Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan, Assistant Attorney General; T. Michael Bottoms, District Attorney General; and Daniel J. Runde, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant, indicted for the false reporting of a bomb threat at an elementary school, was convicted of the offense of harassment, and fined $1000. No motion for a new trial was filed. In a pro se appeal to this court, the defendant raises essentially four issues: (1) whether he was denied effective assistance of counsel; (2) whether he was denied the right to testify at trial; (3) whether the State withheld exculpatory evidence; and (4) whether the evidence was sufficient to support his conviction of harassment. After a careful review of the record and applicable law, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/simmonsd.wpd STATE OF TENNESSEE v. RONALD STANLEY Court:TCCA Attorneys: Kenneth Quillen, Nashville, Tennessee, for the appellant, Ronald Stanley. Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan, Assistant Attorney General, Victor S. Johnson, III, District Attorney General; and Derrick L. Scretchen, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant pled guilty to selling over twenty-six grams of cocaine, possession with intent to sell over 300 grams of cocaine, and possession with intent to sell between ten and seventy pounds of marijuana. As to his conviction for possession with intent to sell over 300 grams of cocaine, the Defendant reserved the following certified question of law: whether the search warrant was void for execution more than 120 hours after issuance. We hold that the five-day period in which a search warrant must be executed is to be computed using calendar days rather than hours. Thus, a search warrant is valid if executed by midnight of the fifth day after its issuance, with the calculation of days to exclude the day of issuance. We further hold that the search warrant in this case was properly executed within the five-day period and therefore affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/stanleyr.wpd PLEASE FORWARD THIS E-MAIL! 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