October 17, 2001
Volume 7 — Number 192

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
 

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

STATE OF TENNESSEE v. STEVE BARBER, a.k.a. VERNON S. BARBER

Court:TCCA

Attorneys:

Cary Taylor, Kingsport, Tennessee (at trial); Stephen M. Wallace,
District Public Defender; and William A. Kennedy, Assistant Public
Defender (on appeal), for the appellant, Steve Barber.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and Teresa Murray-Smith, Assistant District Attorney General,
for the appellee, State of Tennessee.                      

Judge: GLENN

First Paragraph:

The defendant was convicted by a Sullivan County Criminal Court jury
of driving under the influence, third offense, a Class A misdemeanor,
and driving while license suspended, revoked, or cancelled, third
offense, a Class B misdemeanor.  On appeal to this court, he argues,
inter alia, that the trial court erred in denying his request for a
mistrial and in admitting expert testimony on breath alcohol testing
devices.  After a careful review of the record, we affirm the judgment
of the trial court.  However, we remand for entry of corrected
judgment forms to reflect that the defendant's convictions resulted
from jury verdicts, rather than guilty pleas.

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


JEFFREY E. DUNLAP v. STATE OF TENNESSEE Court:TCCA Attorneys: Albert J. Newman, Jr., Knoxville, Tennessee, for the appellant, Jeffrey E. Dunlap. Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney, 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: WADE First Paragraph: The petitioner, Jeffrey E. Dunlap, appeals the trial court's denial of post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel at trial. The judgment is affirmed. http://www.tba.org/tba_files/TCCA/dunlapjeffreye.wpd
STATE OF TENNESSEE v. DANIEL THOMASON Court:TCCA Attorneys: Kathryn S. Evans (at trial), Assistant Public Defender; Jeffrey A. DeVasher, (on appeal), Assistant Public Defender, Nashville, Tennessee, for the Appellant, Daniel Thomason. Paul G. Summers, Attorney General & Reporter; Jennifer L. Smith, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; Derrick Scretchen, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: Daniel Thomason appeals from the aggravated robbery conviction he received at a jury trial in the Davidson County Criminal Court. Thomason is serving an eight-year sentence in the Department of Correction for his crime. In this appeal, he challenges the sufficiency of the convicting evidence that he accomplished the robbery "by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon." Because the record before us is does not contain all of the relevant evidence presented at trial, we are precluded from reviewing the sufficiency of the evidence and therefore affirm. http://www.tba.org/tba_files/TCCA/thomasond.wpd
STATE OF TENNESSEE v. DANIEL THOMASON Court:TCCA ORDER - Filed October 15, 2001 http://www.tba.org/tba_files/TCCA/thomasond_ord.wpd

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