July 24, 2001
Volume 7 — Number134

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
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.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

TRACY LAMAR BELLE, SR. v. STATE OF TENNESSEE
Court:TCCA

Attorneys: 

Tracy Lamar Belle, Sr., pro se.

Paul G. Summers, Attorney General & Reporter; John H. Bledsoe,
Assistant Attorney General; Randy Nichols, District Attorney General;
Robert L. Jolley, Jr., and John Gill, Assistant District Attorneys
General, for the appellee, State of Tennessee.                         

Judge: BELLE

First Paragraph:

The petitioner, Tracy Lamar Belle, Sr., appeals the denial of
post-conviction relief contending that his right to due process has
been violated by the application of the statute of limitations.
Because the notice of appeal was not timely filed and because "the
interest of justice" does not require the waiver of a timely notice,
this appeal is dismissed.  See Tenn. R. App. P. 4(a).

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


STATE OF TENNESSEE v. VINCENT THOMAS GALLO Court:TCCA Attorneys: Douglas A. Trant, Knoxville, Tennessee, for the appellant, Vincent Thomas Gallo. Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan, Assistant Attorney General; and Alfred C. Schmutzer, Jr., District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant was convicted upon his guilty pleas to three counts of unlawfully photographing individuals in violation of their privacy, a Class A misdemeanor, and received concurrent eleven- month-twenty-nine-day sentences to be served in confinement in the county jail. The defendant appeals the trial court's denying him probation of any type. We affirm the denial of probation, but we remand the case for entry of corrected judgments. http://www.tba.org/tba_files/TCCA/gallovt.wpd
STATE OF TENNESSEE v. JOHN WAYMANN ORR Court:TCCA Attorneys: Raymond Mack Garner, District Public Defender, and Shawn G. Graham, Assistant District Public Defender, for the appellant, John Waymann Orr. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Edward P. Bailey, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, John Waymann Orr, appeals from his probation revocation which resulted primarily from his conviction for public intoxication and alcohol abuse. He contends that with his alcohol abuse and mental health problems, he should be receiving treatment and should not be confined in jail. We affirm the trial court. http://www.tba.org/tba_files/TCCA/orrjw.wpd
STATE OF TENNESSEE v. LARRY D. UPSHAW Court:TCCA Attorneys: Leslie M. Jeffress, Knoxville, Tennessee, for the appellant, Larry D. Upshaw. Paul G. Summers, Attorney General & Reporter; Peter M. Coughlan, Assistant Attorney General; and Robert L. Jolley, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Larry D. Upshaw, was convicted of second degree murder. The trial court imposed a sentence of 38 years in the Department of Correction. The sole issue on appeal is whether the evidence was sufficient to support his conviction for second degree murder. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/upshawlarryd.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