MAY 25, 2001
Volume 7 — Number 096

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
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
 

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Lucian T. Pera
Editor-in-Chief, TBALink

STATE OF TENNESSEE ex rel. DELORIS ARMSTRONG, et al. v. JAMES COLEMAN,
et al.
Court:TCA

Attorneys:  

Paul G. Summers, Attorney General and Reporter; Stuart F.
Wilson-Patton, Assistant Attorney General, For Appellants, State of
Tennessee, ex rel., Deloris Armstrong and Tequilla Coleman

James Coleman and Kenneth Williams, Pro Se

Judge: CRAWFORD

First Paragraph:

In two cases consolidated for appeal, the petitioners, mothers that
are provided child support enforcement and paternity establishment
services by the State of Tennessee pursuant to federal and state law,
appeal the orders of the trial court setting periodic child support
and establishing child support arrearages.  The trial court failed to
follow the child support guidelines, stating that the guidelines are
an unconstitutional violation of the equal protection clause of both
the state and federal constitutions insofar as the guidelines do not
allow credit to a payor-parent for obligations imposed by child
support orders concerning children born to the payor-parent subsequent
to the subject child.  We reverse and remand.

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





JEFFREY BUTLER v. CITY OF JACKSON, STATE OF TENNESSEE

Court:TCA

Attorneys:   

Jeffrey Butler, Jackson, Pro Se

R. Scott Pietrowski, Jackson, For Appellee, City of Jackson

Judge: CRAWFORD

First Paragraph:


This case is before the court for the second time.  Defendant was
tried in city court for violation of five separate city ordinances and
was fined a total of $250.00 for the five violations.  After a de novo
trial in circuit court, defendant was found guilty of violating the
five separate ordinances and was fined a total of $250.00.  This Court
reversed the conviction on two of the five ordinances and affirmed the
convictions on three of the ordinances.  The case was remanded to the
trial court to determine the amount of fine for the three violations. 
On remand, the trial court assessed fines totaling $750.00, being
$250.00 for the violation of each of the three ordinances.  Defendant
has appealed.  We reverse the trial court and set defendant's fine at
$250.00 for violation of the three city ordinances.

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





CASSIE GILLILAND, et al v. BILLY RAY PINKLEY, et al

Court:TCA

Attorneys:

Scott G. Kirk, Jackson, Tennessee, for the appellants, Cassie
Gilliland and Angie Gilliland.

Wesley A. Clayton and Michael A. Carter, Jackson, Tennessee, for the
appellee, Vision Care Properties, Inc.                           

Judge: RILEY

First Paragraph:

Plaintiffs appeal from a grant of summary judgment in favor of
defendant Vision Care Properties, Inc., and the refusal of the trial
court to subsequently grant relief under Tenn. R. Civ. P. 60.02.  The
complaint alleged that the minor child, Cassie Gilliland, was attacked
and injured by a vicious dog owned by, and kept at the home of,
defendant Billy Ray Pinkley, which residence was leased to Pinkley by
defendant Vision Care Properties, Inc.  Subsequent to the grant of
summary judgment, plaintiffs sought Rule 60.02 relief based upon an
affidavit of Pinkley which was inconsistent with his prior affidavit. 
We affirm the trial court in all respects.

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





STATE OF TENNESSEE v. RICKY A. BURKS

Court:TCCA

Attorneys:

C. Dawn Deaner, Assistant Public Defender (on appeal), Nashville,
Tennessee;  Jeffrey A. DeVasher, Assistant Public Defender (at trial),
Nashville, Tennessee,  for the Appellant, Ricky A. Burks.

Paul G. Summers, Attorney General and Reporter, Michael Moore,
Solicitor General, Elizabeth T. Ryan, Assistant Attorney General, and
Katrin Novak Miller, Assistant District Attorney General, for the
Appellee, State of Tennessee.
                        
Judge: HAYES

First Paragraph:

Ricky A. Burks was convicted by a Davidson County jury of the
first-degree murder of his wife. The trial court granted Burks' motion
for judgment of acquittal and entered a judgment for second-degree
murder.  Following a sentencing hearing, the trial court sentenced
Burks, as a range II offender, to forty years confinement in the
Department of Correction.  Burks now appeals both the judgment of
conviction and the sentence entered by the Davidson County Criminal
Court, challenging the trial court's (1) denial of his motions to
suppress; (2) admission of prior bad acts of the defendant; (3) jury
instructions regarding prior bad acts; (4) admission of autopsy
photographs of the victim; (5) refusal to instruct on the
lesser-included offense of reckless homicide; (6) finding that the
evidence is sufficient to support a conviction of second-degree
murder; and (7) imposition of the maximum sentence of forty years. 
The State cross-appeals challenging the trial court's ruling in
reducing the jury's verdict of first-degree murder to that of
second-degree murder.  Finding no error, we affirm.

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





GREGORY HATTON v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Claudia S. Jack, District Public Defender, Columbia, Tennessee, for
the appellant, Gregory Hatton.

Paul G. Summers, Attorney General & Reporter; David H. Findley,
Assistant Attorney General; Richard H. Dunavant, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The petitioner, Gregory Hatton, sought post-conviction relief on the
grounds that his trial counsel was ineffective, that his guilty pleas
were not knowing and voluntary, and that his sentence is illegal.  The
trial court concluded that the petition was barred by the statute of
limitations.  Insofar as an illegal sentence is subject to correction
at any time, the trial court's dismissal of the petitioner's illegal
sentence claim was erroneous.  Because, however, the petitioner is not
entitled to relief on that claim, the judgment of the trial court is
affirmed.

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





STATE OF TENNESSEE v. ROBERT A. HAYDEN

Court:TCCA

Attorneys: 

Gene Honea, Assistant Public Defender, Franklin, Tennessee, for the
appellant, Robert A. Hayden.

Paul G. Summers, Attorney General & Reporter; Marvin E. Clements, Jr.,
Assistant Attorney General; Sharon Guffee, Assistant District
Attorney, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

Indicted for aggravated burglary, aggravated robbery, aggravated
sexual battery, two counts of aggravated rape, and especially
aggravated kidnapping, the defendant entered negotiated pleas of guilt
to aggravated robbery, two counts of aggravated rape, and especially
aggravated kidnapping.  The remaining charges were dismissed.  After a
hearing, the trial court sentenced the defendant as a Range I offender
to 12 years for the robbery, 25 years for each of the rapes, and 25
years for the kidnapping.  The rape sentences were ordered to be
served consecutively to one another and to the robbery sentence, for
an effective sentence of 62 years. In this appeal of right, the
defendant claims that one of the aggravated rape convictions and the
especially aggravated kidnapping conviction violate due process.  He
asserts that his sentences are excessive and should not have been
ordered to be served consecutively.  The judgment of the trial court
is affirmed.

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





CURTIS MAJORS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Michael A. Colavecchio, Nashville, Tennessee, for the Appellant,
Curtis Majors.

Paul G. Summers, Attorney General and Reporter; Mark E. Davidson,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Philip H. Wehby, Assistant District Attorney General, for
the Appellee, State of Tennessee.                        

Judge: WEDEMEYER

First Paragraph:

The Petitioner was indicted for three counts of aggravated robbery and
convicted by a Davidson County jury of one count of aggravated robbery
and two counts of aggravated assault.  The trial court sentenced him
as a Range II, multiple offender to an effective sentence of seventeen
years, and on direct appeal, this Court modified his sentence to an
effective sentence of fifteen years.  The Tennessee Supreme Court
denied permission to appeal.  The Petitioner subsequently filed a
petition for post-conviction relief, arguing that he received
ineffective assistance of counsel at trial because his attorneys
failed to challenge two of his indictments prior to trial.  Following
a hearing, the trial court denied post-conviction relief, and the
Petitioner now appeals the trial court's denial of relief.  We hold
that the Petitioner received effective assistance of counsel at trial
and therefore affirm the judgment of the trial court.

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

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