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
 

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 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

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