October 10, 2001
Volume 7 — Number 187

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):
 
01 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
01 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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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

STATE OF TENNESSEE v. RHONDA BURKHART

Court:TSC

Attorneys:

David S. Ardia, Washington, D.C., and Robert Michael Friedman,
Memphis, Tennessee, for the appellant, Rhonda Burkhart.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore,
Solicitor General; and Daryl J. Brand, Associate Solicitor General,
for the appellee, State of Tennessee.

Judge: HOLDER

First Paragraph:

We granted this appeal to determine the constitutionality of Tenn.
Code Ann. SS 39-17-501 and 39-17-505.  We hold that Tenn. Code Ann. SS
39-17-501 and 39-17-505 are neither unconstitutionally vague as
applied to this case nor overbroad and therefore do not violate the
guarantees of due process provided by the Constitution of the United
States and the Constitution of Tennessee.  The judgment of the Court
of Criminal Appeals is affirmed.

http://www.tba.org/tba_files/TSC/burkhartr.wpd


CITY OF LEBANON, TENNESSEE v. RAYMOND HARRIS Court:TCA Attorneys: Peggy Williams, Lebanon, Tennessee, for the appellant, City of Lebanon, Tennessee. Anthony E. Hagan, Lebanon, Tennessee, for the appellee, Raymond Harris. Judge: COTTRELL First Paragraph: This case involves the zoning and sign ordinances of Lebanon, Tennessee. Mr. Harris had placed small outdoor insulated metal storage buildings at several properties within the city of Lebanon. The buildings had on the sides information advertising his company and a phone number to contact him for information to buy or rent one of these buildings. He was fined for violations of the City of Lebanon ordinance allowing only one principal building and its customary accessory buildings on a lot and for violation of the sign ordinance. The circuit court reversed the city court's fines and held that the buildings were not principal buildings and that they were not portable signs. For the reasons below, we affirm the circuit court's decision in part and reverse in part. http://www.tba.org/tba_files/TCA/cityoflebanon.wpd
JOHN T. KING v. ANNE B. POPE, Commissioner of the Tennessee Department of Commerce and Insurance Court:TCA Attorneys: R. Louis Crossley, Jr., Knoxville, Tennessee, and W. Davidson Broemel, Nashville, Tennessee, for Appellant, John T. King. Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, and Janet M. Kleinfelter, Senior Counsel, Nashville, Tennessee, for Appellee, Anne B. Pope. Judge: FRANKS First Paragraph: The Commissioner revoked Petitioner's security license upon finding Petitioner had sold unregistered securities. The Chancellor reviewed the action and affirmed. On appeal, we reverse and dismiss the action for revocation. http://www.tba.org/tba_files/TCA/kingj.wpd
THOMAS N. ROACHE v. JUSTINE BOURISAW Court:TCA Attorneys: Gregory D. Smith, Clarksville, Tennessee, attorney for the appellant, Mary Justine Bourisaw. Carrie W. Kersh, Clarksville, Tennessee, attorney for the appellee, Thomas Neal Roache. Judge: COTTRELL First Paragraph: This case involves a non-custodial parent's petition for change of custody. The original marital dissolution agreement granted the mother full custody of the child and the father alternate weekends and holidays and two weeks each summer. The mother later moved to Missouri, and the parties adjusted visitation accordingly. Later, the father filed and was granted a contempt motion due to the mother's failure to allow him to see the child. He subsequently filed a motion for change of custody which was also granted. The court found that the circumstances warranted the change of custody. The mother appeals. We affirm the trial court's change of custody. http://www.tba.org/tba_files/TCA/roachet.wpd
SLATER BELCHER v. STATE OF TENNESSEE Court:TCCA Attorneys: Kevin W. Shepherd, Maryville, Tennessee, for appellant, Slater Belcher. Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; Peter M. Coughlan, Assistant Attorney General; Mike Flynn, District Attorney General; and Jerry Cunningham, Assistant District Attorney for appellee, State of Tennessee. Judge: SMITH First Paragraph: A jury convicted the petitioner, Slater Belcher, of first degree murder. The petitioner challenged his conviction and sentence on direct appeal, and this court affirmed both. See State v. Slater Belcher, No. 03C01-9608-CC-00299, 1997 WL 749392, at *1 (Tenn. Crim. App. at Knoxville, Nov. 26, 1997). In his direct appeal, the petitioner alleged that he received ineffective assistance of counsel, but this court declined to rule on the merits of that claim, as the claim was not properly before the court. See id. The Tennessee Supreme Court denied the petitioner's request for permission to appeal. See id. Thereafter, the petitioner filed a petition for post-conviction relief, under the circumstances, the proper forum for alleging ineffective assistance of counsel. The trial court held hearings on three different dates to determine the merits of the petitioner's claim and ultimately denied his petition. The petitioner files this appeal challenging the trial court's determination. After a complete review of the record in this case, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/belcherslater.wpd
TIPTON CONCURRING http://www.tba.org/tba_files/TCCA/belchers.wpd
ROSHAUN COLBERT v. STATE OF TENNESSEE Court:TCCA Attorneys: Albert J. Newman, Jr., Knoxville, Tennessee, for the appellant, Roshaun Colbert. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Robert L. Jolley, Jr., Assistant District Attorney General, for the appellee, State of Tennessee Judge: TIPTON First Paragraph: The petitioner, Roshaun Colbert, appeals the trial court's denial of his petition for post-conviction relief, claiming that he received the ineffective assistance of counsel. He contends that he pled guilty because his attorney guaranteed him that he would be released from prison after serving only five years of his twenty-year effective sentence. We affirm the trial court's denial of the petition. http://www.tba.org/tba_files/TCCA/colbertr.wpd
STATE OF TENNESSEE v. TIMOTHY CLARK NEWSON Court:TCCA Attorneys: Brenda G. Siniard (on appeal) and Keith A. Black (at trial), Chattanooga, Tennessee, for the appellant, Timothy Clark Newson. Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; William H. Cox, III, District Attorney General; and Dean C. Ferraro, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Timothy Clark Newson, appeals from his conviction for aggravated kidnapping, contesting the sufficiency of the evidence. We affirm the judgment of conviction. http://www.tba.org/tba_files/TCCA/newsontc.wpd
STATE OF TENNESSEE v. TERRY JEROME THOMAS Court:TCCA Attorneys: Larry J. Campbell, Chattanooga, Tennessee, for the appellant, Terry Jerome Thomas. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; William H. Cox, III, District Attorney General; and Dean C. Ferraro, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: Following a trial, a Hamilton County jury convicted the defendant of rape, and the trial court sentenced him to ten years imprisonment. In this appeal, the defendant alleges (1) the evidence was insufficient to sustain his conviction, and (2) his sentence was excessive. After a thorough review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/thomastj.wpd
Expunction of Records after Entry of Nolle Prosequi Date: October 4, 2001 Opinion Number: 01-155 http://www.tba.org/tba_files/AG/OP155.pdf

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