December 14, 2001
Volume 7 — Number 231

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
07 New Opinion(s) from the Tennessee Court of Criminal Appeals
02 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. KENNETH L. BOGGS

Court:TCCA

Attorneys:

Sam E. Wallace, Jr., Nashville, Tennessee, for the Appellant, Kenneth
L. Boggs.

Paul G. Summers, Attorney General & Reporter; Mark E. Davidson,
Assistant Attorney General; Victor S. (Torry) Johnson, III, District
Attorney General; and Jason W. Lawless, Assistant District Attorney
General, for the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

The defendant, Kenneth L. Boggs, appeals his Davidson County Criminal
Court conviction of unlawful possession of a handgun, a Class E
felony.  He complains on appeal that the trial court erred in not
addressing the prosecutor's exploitation of the defendant's exercise
of his right to remain silent following his arrest.  Finding no error
requiring reversal, we affirm the conviction.

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


STATE OF TENNESSEE v. GREGORY FLITTNER

Court:TCCA

Attorneys:

Lee Ofman, Franklin, Tennessee, for the appellant, Gregory Flittner.

Paul G. Summers, Attorney General and Reporter; Mark A. Fulks,
Assistant Attorney General; Joseph D. Baugh, District Attorney
General; and Lee Dryer, Assistant District Attorney General, for the
appellee, State of Tennessee.                       

Judge: MCGEE OGLE

First Paragraph:

The appellant, Gregory Flittner, was convicted by a jury in the
Williamson County Circuit Court of driving under the influence with a
blood alcohol level of .10% or more.  The trial court sentenced the
appellant to serve eleven months and twenty-nine days in the
Williamson County Jail and further ordered that all but seven days of
the appellant's sentence be suspended.  On appeal, the appellant
raises the following issues for our review: (1) whether his blood
alcohol test was taken voluntarily; (2) whether the trial court erred
in refusing to charge the jury with driving while impaired (DWI) as a
lesser-included offense of driving under the influence (DUI); (3)
whether the trial court erred in failing to require the State to turn
over "all results of reports and scientific tests . . . in the
possession of the State" pursuant to the appellant's motion to compel;
(4) whether the trial court's instruction on a blood alcohol content
of .10% or more as a presumption of intoxication under Tenn. Code Ann.
S 55-10-401(a)(1) (1998) and a blood alcohol content of .10% or more
as an element of the offense under Tenn. Code Ann. S 55-10-401(a)(2)
was so unclear as to confuse or mislead the jury; and (5) whether the
trial court erred in allowing the arresting officer to testify that he
had released one hundred and fifty (150) people whom he had previously
stopped for DUI.  Upon review of the record and the parties' briefs,
we affirm the judgment of the trial court.

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


STATE OF TENNESSEE v. CHARLES W. JONES

Court:TCCA

Attorneys: 

Sam E. Wallace, Jr., Nashville, Tennessee, for the appellant, Charles
W. Jones.

Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; Victor S. Johnson, District Attorney
General; and Jon Seaborg, Assistant District Attorney General, for the
appellee, State of Tennessee.                         

Judge: WELLES

First Paragraph:

The Defendant, Charles William Jones, was convicted of second degree
murder in the Criminal Court of Davidson County.  After a sentencing
hearing, the trial court sentenced the Defendant to twenty-two years
in the Department of Correction.  In this appeal, the Defendant
contends that (1) the evidence presented at trial was insufficient to
support a finding of guilt beyond a reasonable doubt and (2) the trial
court improperly applied two enhancement factors in sentencing the
Defendant.  We affirm the judgment of the trial court.

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


PERRY SALEEM LEE v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Perry Saleem Lee, Clifton, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Kim R. Helper,
Assistant Attorney General; Ronald L. Davis, District Attorney
General; and Mary K. Harvey, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The petitioner, Perry Saleem Lee, appeals the dismissal of his
petition for post-conviction relief by the Williamson County Circuit
Court, which held that the petitioner's claims for relief had been
either previously determined or waived.  The petitioner complains
about his appointed counsel and the state's purported shortcomings in
the post-conviction process.  He also complains about the trial court
not allowing an amendment to the petition, not allowing an evidentiary
hearing, and not setting forth findings of fact and conclusions of law
as to each ground he raised.  We affirm the trial court.

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


STATE OF TENNESSEE v. LANE PULLEY

Court:TCCA

Attorneys:

R. H. Stovall, Jr., Assistant Public Defender, Columbia, Tennessee,
for the Appellant, Lane Pulley.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Elizabeth T. Ryan, Assistant Attorney General; T.
Michael Bottoms, District Attorney General; and J. Doug Dicus,
Assistant District Attorney General, for the Appellee, State of
Tennessee.                         

Judge: HAYES

First Paragraph:

The Appellant, Lane Pulley, was convicted by a Wayne County jury for
committing a deceptive business practice, a class B misdemeanor. 
Tenn. Code Ann. S 39-14-127(a)(2).  The indictment charged that the
deceptive practice arose from a verbal contract for the repair of a
vehicle.  Over a three-year period, the owner of the automobile paid
Pulley a total of $2,483.90 for various repairs to her vehicle.  The
vehicle was never returned to the owner.  On appeal, Pulley argues
that the evidence presented at trial failed to establish an essential
element of the offense, i.e., that he was engaged in the automobile
repair business or that his conduct with the victim arose in the
course of such business.  After review, we conclude that Pulley's
conduct violated the provisions of the Deceptive Business Practices
statute and the proof is legally sufficient to support his conviction.
 Accordingly, the judgment of the Wayne County Circuit Court is
affirmed.

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


STATE OF TENNESSEE v. TROY D. RYAN

Court:TCCA

Attorneys:

E. Shayne Brasfield, Franklin, Tennessee, for the appellant, Troy D.
Ryan.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Smith,
Assistant Attorney General;  Ronald L. Davis, District Attorney
General; and Sharon E. Guffee, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The defendant appeals from a conviction of theft of property over one
thousand dollars.  The sole issue presented for review is the
sufficiency of the evidence to establish the value element of the
offense.  We conclude that the testimony by the owner of the stolen
property was sufficient for the jury to find that the fair market
value of the property was over one thousand dollars.  The judgment of
the trial court is affirmed.

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

STATE OF TENNESSEE v. JERRY DAMON WILLIAMS

Court:TCCA

Attorneys: 

Allen D. Hale, Murfreesboro, Tennessee, for the appellant, Jerry Damon
Williams.

Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan,
Assistant Attorney General; and William C. Whitesell, Jr., District
Attorney General, for the appellee, State of Tennessee.                         

Judge: WELLES

First Paragraph:

On September 25, 2000, the Defendant, Jerry Damon Williams, entered a
plea of guilty to driving under the influence of alcohol in violation
of Tennessee Code Annotated section 55-10-401.  Pursuant to Rule 37
(b)(1)(i) of the Tennessee Rules of Criminal Procedure, the Defendant
sought to reserve a certified question of law to be reviewed by this
Court.  In this appeal, the Defendant contends that (1) he properly
reserved the certified question of the validity of the police's
initial investigatory stop and (2) the trial court erred in denying
his motion to suppress evidence discovered as a result of the
investigatory stop.  We vacate the Defendant's conviction and dismiss
the case.

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

Practice of Senior Law Students Before the Courts

Date: November 21, 2001

Opinion Number: 01-168                         

http://www.tba.org/tba_files/AG/OP168.pdf

Paid Military Leave for Public Employees When Called to Active Duty By
Governor

Date: November 27, 2001

Opinion Number: 01-168                         

http://www.tba.org/tba_files/AG/OP169.pdf

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