November 6, 2001 Volume 7 — Number 206 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 01 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 DONALD MILLER, et al. v. CHOO CHOO PARTNERS, L.P. Court:TCA Attorneys: Donald W. Strickland, Chattanooga, Tennessee, for the appellant, Choo Choo Partners, L.P. John D. McMahan, Chattanooga, Tennessee, and Donald Capparella, Nashville, Tennessee, for the appellees, Donald Miller and Terry Miller. Judge: SUSANO First Paragraph: Donald Miller and his wife, Terry Miller, filed suit seeking damages associated with injuries that Mr. Miller allegedly sustained when he fell while getting into a bathtub enclosure at a hotel owned by the defendant Choo Choo Partners, L.P. The jury returned a verdict for the plaintiffs. As remitted by the trial court, Miller was awarded $1,000,000 and his wife was awarded consortium damages of $175,000. The defendant appeals, arguing, inter alia, that it was entitled to a directed verdict because the plaintiffs failed to establish that the defendant's negligence caused Miller's back and neck injuries. We affirm. http://www.tba.org/tba_files/TCA/millerd_opn.wpd SWINEY DISSENTING http://www.tba.org/tba_files/TCA/millerdd_dis.wpd STATE OF TENNESSEE v. DANIEL O'NEIL CONNELLY Court:TCCA Attorneys: V. Michael Fox, Nashville, Tennessee, for the Appellant, Daniel O'Neil Connelly. Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Suzanne M. Lockert, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The defendant, Daniel O. Connelly, appeals from his conviction of driving under the influence of an intoxicant (DUI) imposed after a bench trial in the Dickson County Circuit Court. He claims on appeal that the evidence is insufficient to support his conviction and that the trial court erred in overruling a pretrial motion to suppress any evidence that the state garnered following the defendant's warrantless arrest. After hearing oral arguments and reviewing the record, the parties' briefs, and the applicable law, we affirm the conviction. http://www.tba.org/tba_files/TCCA/connellydo.wpd STATE OF TENNESSEE v. RICHARD W. HERRELL, A.K.A. RICKY HERRELL Court:TCCA Attorneys: Troy L. Brooks, Mt. Juliet, Tennessee, for the Appellant, Richard W. Herrell, a.k.a. Ricky Herrell. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Patricia C. Kussmann, Assistant Attorney General; Dan Mitchum Alsobrooks, District Attorney General; and Suzanne Lockert, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Richard W. Herrell, a.k.a. Ricky Herrell, was indicted by a Dickson County Grand Jury for vandalism resulting in personal property damage of $500 to $1,000. Following a bench trial, Herrell was found guilty of the indicted charge and received a two-year suspended sentence. On appeal, Herrell raises one issue for our review: Whether the evidence presented at trial was sufficient to support his conviction. After review, we find no error and affirm the judgment. http://www.tba.org/tba_files/TCCA/herrellrichardw.wpd STATE OF TENNESSEE v. NICHOLAS J. JOHNSON Court:TCCA Attorneys: Glenn R. Funk, Nashville, Tennessee, for the Appellant, Nicholas J. Johnson. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Thomas E. Williams, III, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Sharon Guffee, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Nicholas J. Johnson, presents for review a certified question of law. Johnson pled guilty to two counts of possession of Schedule I drugs for resale, one count of possession of Schedule IV drugs for resale, and simple possession. Johnson received an effective ten (10)-year Community Corrections sentence, and was ordered to serve one hundred and fifty (150) days, day for day, in the Williamson County Workhouse. As part of his plea, Johnson explicitly reserved, with the consent of the trial court and the State, a certified question of law challenging the trial court's denial of his motion to suppress. After review, we find that the question was not properly certified because it fails to clearly identify the scope and limits of the legal issue reserved. Accordingly, the appeal is dismissed. http://www.tba.org/tba_files/TCCA/johnsonnj.wpd STATE OF TENNESSEE v. GARY M. SEXTON Court:TCCA Attorneys: Mark E. Stephens, District Public Defender, and Paula R. Voss and Robert Edwards, Assistant Public Defenders, for the appellant, Gary M. Sexton. Paul G. Summers, Attorney General and Reporter; Patricia C. Kussmann, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Zane M. Scarlett, Assistant District Attorney General, for the appellee, State of Tennessee.Mark E. Stephens, District Public Defender, and Paula R. Voss and Robert Edwards, Assistant Public Defenders, for the appellant, Gary M. Sexton. Paul G. Summers, Attorney General and Reporter; Patricia C. Kussmann, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Zane M. Scarlett, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Gary M. Sexton, appeals from the trial court's denial of his Motion for Relief from Judgment declaring him to be a habitual offender pursuant to the Motor Vehicle Habitual Offenders (MVHO) Act. See Tenn. Code Ann. S 55-10-601, et seq. He contends that the judgment is void because the criminal court failed to attach a summons to the leading process as required by Rule 4 of the Rules of Civil Procedure. We hold that the trial court properly dismissed the defendant's motion. http://www.tba.org/tba_files/TCCA/sextongm.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. 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