Opinion FlashJanuary 22, 2002Volume 8 — Number 013 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.
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Howard H. Vogel STATE OF TENNESSEE v. JOHN R. FARNER, JR. OPINION ON PETITION TO REHEAR Court:TSC Judge: PER CURIAM First Paragraph: The State of Tennessee has filed a petition to rehear asking this Court to reconsider certain portions of the opinion. Contrary to the assertions of the petition the opinion does not require the giving of a special "proximate cause" instruction in every homicide case. The opinion requires the giving of a general causation instruction whenever the homicide offense does not itself explicitly or implicitly include a causation instruction. As the State recognizes, some of the homicide offenses include elements that implicitly instruct the jury that a causation finding is necessary. Also without merit is the State's assertion that the suggested pattern jury instruction set out in footnote 16 conflicts with existing law and relieves the State of its burden of proof. The State's petition confuses criminal negligence and causation. Both elements must be proven beyond a reasonable doubt to establish criminally negligent homicide. Moreover, we emphasize that the language in footnote 16 is merely a suggestion which may be accepted, revised, or rejected by the Pattern Jury Instruction Committee. Accordingly, the State's petition to rehear is DENIED. Costs of this petition are taxed to the State of Tennessee, for which execution may issue if necessary. http://www.tba.org/tba_files/TSC/farnerr_reh.wpd KHYVA PHIPPS v. INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA , et al. Court:TSC - Workers Comp Panel Attorneys: B. Timothy Pirtle, McMinnville, Tennessee, for the appellants Insurance Company of the State of Pennsylvania and Carrier Corporation. William Joseph Butler and Frank D. Farrar, Lafayette, Tennessee for the appellee, Khyva Phipps. Judge: WEATHERFORD First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Panel of the Supreme Court in accordance with Tennessee Code Annotated S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the appellants, Insurance Company of the State of Pennsylvania and Carrier Corporation insist that: 1) the trial court erred in excluding the medical records of Dr. Robert Cannon, M.D. documenting the employee's treatment for injuries sustained in a previous car accident, which was offered into evidence by appellant through the deposition of the physician's custodian of records; 2) the evidence preponderates against the trial court's finding that the plaintiff suffered a compensable injury to her back under the Workers' Compensation Act; and 3) the trial court erred in its application of the burden of proof as provided by the Workers' Compensation Act. After a complete review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/phippskhyva.wpd SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0122.wpd ASHAD R.A. MUHAMMAD ALI v. TENNESSEE BOARD OF PROBATION AND PAROLE, et al. Court:TCA Attorneys: Ashad R.A. Muhammad Ali, Wartburg, Tennessee, Pro Se. Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; and Dawn Jordan, Assistant Attorney General, Nashville, Tennessee, for the appellees, Tennessee Board of Probation and Parole, Charles Traughber, Ray Maples, Don Dills, John Greer and Colis Newble, Jr. Judge: CAIN First Paragraph: Petitioner seeks a writ of certiorari from the decision of the board of paroles declining to grant him parole. The Chancery Court of Davidson County, Irvin H. Kilcrease, Jr., Chancellor, dismissed the petition. We affirm the chancellor. http://www.tba.org/tba_files/TCA/aliashadmuhammad.wpd TERRY BROUGH, et al. v. MURIEL GERMAINE ADCROFT Court:TCA Attorneys: Gary R. Wilkinson, Russell C. Rutledge, Memphis, TN, for Appellant R. Sadler Bailey, Memphis, TN, for Appellees Judge: HIGHERS First Paragraph: This appeal involves a trial court's grant of prejudgment interest on arbitration awards. Subsequent to an automobile accident, the plaintiffs filed suit against their uninsured motorist policy carrier and another individual involved in the accident. The case proceeded to arbitration and the plaintiffs were awarded $140,000.00, which was paid by the insurance company. Upon obtaining new counsel, the plaintiffs learned of a relationship between the arbitrator and the insurance company and motioned the court to vacate the arbitration award. The trial court granted plaintiff's motion and resubmitted the case for a second arbitration. The plaintiffs were awarded $245,000.00 at the second arbitration and, soon after, motioned the court for prejudgment interest on the award. The trial court awarded the plaintiffs $71,042.72 of prejudgment interest. The insurance company appealed the decision to grant prejudgment interest and both parties have contested the method of calculation employed by the trial court. For the following reasons, we affirm in part, vacate in part, and remand this case for further proceedings consistent with this opinion. http://www.tba.org/tba_files/TCA/brought.wpd STATE OF TENNESSEE ex rel. PAULA DEAN BUCHANAN v. JOSEPH TULLY BUCHANAN, III Court:TCA Attorneys: Thomas D. Frost, Murfreesboro, Tennessee, for the appellant, Joseph Tully Buchanan, III. Paul G. Summers, Attorney General and Reporter; and Stuart F. Wilson-Patton, Assistant Attorney General, for the appellee, State of Tennessee, ex rel. Paula Buchanan. Judge: KOCH First Paragraph: This appeal involves a belated dispute over unpaid child and spousal support. After their divorce, the former spouses twice changed the custody arrangements and support obligation in their 1993 divorce decree without obtaining court approval. In 1998, a private Title IV-D contractor, acting on behalf of the State of Tennessee, filed suit in the Circuit Court for Davidson County seeking to collect $59,150 in unpaid child support and spousal support from the former husband. The trial court held that the former husband could not, as a matter of law, assert the defenses of laches, estoppel, or waiver against these claims, granted a $51,250 judgment against the former husband, and placed a judgment lien against the former husband's house. While the trial court correctly determined that the former husband could not assert equitable defenses with regard to the child support arrearage, the trial court erred by refusing to permit him to assert equitable defenses against the claim for unpaid spousal support. Accordingly, we vacate the portion of the judgment awarding the wife $29,150 for unpaid spousal support and remand the case for further proceedings. http://www.tba.org/tba_files/TCA/buchananpd.wpd IDA DOUGLAS, et al. v. WILLIAM O. FOSTER, et al. Court:TCA Attorneys: John M. Cannon, Goodlettsville, Tennessee, for the appellants, Ida Douglas and Dovie Allen. John B. Holt, Springfield, Tennessee, for the appellees, William O. Foster and Barbara Foster. Judge: CANTRELL First Paragraph: The appellants, Ida Douglas and Dovie Allen, and appellees, William and Barbara Foster, entered into a contract for the sale of a house. After the buyers had lived in the house for a few years, several problems emerged. The buyers sued the sellers for rescission of the contract. The trial court granted the sellers' motion for involuntary dismissal after the presentation of the buyers' proof at trial. We affirm the decision of the trial court. http://www.tba.org/tba_files/TCA/douglasi.wpd THOMAS W. HARRISON, et al. v. EARL LAURSEN, et al. Court:TCA Attorneys: Earl and Dolorita Laursen, Pulaski, Tennessee, Pro Se. Thomas H. Peebles, Columbia, Tennessee, for the appellees, Thomas W. Harrison, Terry Harrison and Brenda Harrison Kenamore. Judge: CAIN First Paragraph: This appeal involves pre-judgment interest on unpaid attorney's fees. The defendants owed the law firm attorney's fees alleged to be in the amount of $16,544.52 that accrued between November 1990 to April 1993. In 1996, the parties orally agreed to a lesser payment of $7,000.00 in settlement of the larger debt. The defendants paid $1,500.00 but failed to pay the remaining balance owed. The trial court ordered Defendants to pay pre-judgment interest on the unpaid fees and Defendants appeal. We affirm. http://www.tba.org/tba_files/TCA/harrisonthomas.wpd MERRIMACK MUTUAL FIRE INSURANCE COMPANY v. GLORIA C. BATTS Court:TCA Attorneys: Raymond G. Prince, Nashville, Tennessee, for the appellant, Gloria C. Batts. Parks T. Chastain, Nashville, Tennessee, for the appellee, Merrimack Mutual Fire Insurance Company. Judge: KOCH First Paragraph: This appeal involves a dispute between a homeowner and her insurance company regarding the damages to her house caused by the tornado that struck Nashville on April 16, 1998. When they could not agree on the amount of the loss, both parties invoked the insurance policy's provision for the appointment of appraisers. After the parties' two appraisers could not agree on the amount of the loss, the two appraisers selected a third appraiser who eventually agreed with the homeowner's appraiser regarding the amount of the loss. The insurance company filed suit in the Chancery Court for Davidson County, seeking a declaratory judgment that it was required to pay the homeowner less than one-half of the amount of the loss calculated by the two appraisers. Both parties filed motions for partial summary judgment. The trial court granted the insurance company's motion, concluding that the insurance policy's appraisal clause was not an agreement for binding arbitration and that the appraisers had not been empowered to determine whether parts of the claimed damage had been caused by a peril covered by the policy. The homeowner takes issue with both of the trial court's legal conclusions on this appeal. We have determined that the trial court interpreted the insurance policy correctly and, therefore, that the trial court properly concluded that the insurance company was entitled to a judgment as a matter of law. http://www.tba.org/tba_files/TCA/merrimackmutual.wpd JOSEPH CARL PIERCE, SR., et al. v. CORRECTIONS CORPORATION OF AMERICA, et al. Court:TCA Attorneys: Joseph Carl Pierce, Sr., Pro Se. Tom Anderson, Jackson, Tennessee, for the appellees, Corrections Corporation of America, Prison Management Services, Inc, Prison Realty Trust, Inc. and Correctional Management Services Corporation. Judge: FARMER First Paragraph: This is an appeal from an order of the trial court granting a motion to dismiss the complaint for failure to state a claim upon which relief can be granted. We reverse in part and affirm in part. http://www.tba.org/tba_files/TCA/piercej.wpd DONALD M. TAYLOR v. MICHAEL C. GREENE, COMMISSIONER OF THE TENNESSEE DEPARTMENT OF SAFETY Court:TCA Attorneys: John M. Higgason, Jr., Chattanooga, Tennessee, for the appellant, Donald M. Taylor. Paul G. Summers, Attorney General and Reporter; Paula D. Godsey, Nashville, Tennessee, for the appellee, Commissioner Michael C. Greene. Judge: CAIN First Paragraph: Donald M. Taylor appeals the judgment of the Chancery Court of Davidson County, which affirmed forfeiture of his vehicle by the Administrative Law Judge following a hearing pursuant to the Tennessee Administrative Procedures Act. Tenn. Code Ann. S 4-5-322. We find forfeiture of the vehicle to be an excessive fine under the Eighth Amendment to the Constitution of the United States and under article I, section 16 of the Tennessee Constitution, and accordingly, the decision of the Chancellor is reversed. http://www.tba.org/tba_files/TCA/taylordonaldm.wpd STATE OF TENNESSEE v. CHAD DAVIS WITH ORDER Court:TCCA Attorneys: Leslie I. Ballin, Memphis, Tennessee, for the Appellant, Chad Davis. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Renee W. Turner, Assistant Attorney General; William L. Gibbons, District Attorney General; and William Bond, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Chad Davis, pled guilty in the Shelby County Criminal Court to DUI, second offense, and driving on a revoked license. At the sentencing hearing, Davis requested that he be permitted to serve on work release the imposed forty-five day mandatory jail sentence for DUI, second offense, and the consecutive two-day jail sentence for driving on a revoked license. The trial court found Davis was ineligible for work release because he was self-employed. Davis now appeals this ruling. In response, the State asserts that the trial court was without authority under the provisions of the work release statute, Tennessee Code Annotated S 41-2-128, to grant work release to Davis or any other person convicted of DUI, second offense, prior to expiration of the minimum period of confinement. After review, we find the trial court's ruling misplaced. Nonetheless, we conclude that Davis was not entitled to "work release," as only the general sessions court has the authority to grant work release under the provisions of Tennessee Code Annotated S 41-2-128. http://www.tba.org/tba_files/TCCA/davischad_opn.wpd ORDER http://www.tba.org/tba_files/TCCA/davischad_ord.wpd STATE OF TENNESSEE v. PARKER ODELL DONEY, JR. Court:TCCA Attorneys: Mike Carter, Gallatin, Tennessee, for the appellant, Parker Odell Doney, Jr. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; Lawrence Ray Whitley, District Attorney General; and Sallie Wade Brown, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant, Parker Odell Doney, Jr., appeals his convictions for one count of aggravated robbery and two counts of aggravated assault and his sentences totaling fifteen years in the Department of Correction. The defendant contends the evidence presented against him at trial was insufficient to support his convictions, and the trial court erred in sentencing him. After a thorough review of the record, we reduce the aggravated assault sentences but otherwise affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/doneypo.wpd STATE OF TENNESSEE v. SHAUN MICHAEL FLEEGLE Court:TCCA Attorneys: M. Jeffrey Whitt (on appeal and at trial) and Rick Clark (at trial), Knoxville, Tennessee, for the Appellant, Shaun Michael Fleegle. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Randall Eugene Nichols, District Attorney General; and G. Scott Green, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: A Knox County jury found the Defendant guilty of voluntary manslaughter, a Class C felony; and the trial court sentenced him as a Range I, standard offender to five years, four of which were to be served on probation. The Defendant now appeals, arguing the following: (1) that the trial court failed to properly consider enhancement and mitigating factors during sentencing, and (2) that the trial court erred in failing to grant judicial diversion. Finding that the trial court properly sentenced the Defendant, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/fleeglesm.wpd JOHN H. FRASURE, III v. STATE OF TENNESSEE Court:TCCA Attorneys: Howard B. Manis, Memphis, Tennessee, for the appellant, John H. Frasure, III. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; William L. Gibbons, District Attorney General; and Rosemary Andrews, Assistant District Attorney General for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The petitioner, John H. Frasure, III, appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief from his guilty plea to especially aggravated robbery, a Class A felony, and theft of property valued over ten thousand dollars but less than sixty thousand dollars, a Class C felony. The trial court sentenced the petitioner as a violent offender to fifteen years in the Tennessee Department of Correction for the especially aggravated robbery conviction and as a Range I, standard offender to three years for the theft of property conviction, to be served concurrently. The petitioner claims that he received the ineffective assistance of counsel because his trial attorney (1) failed to prepare adequately for trial because she did not interview any witnesses for the case and did not hire an investigator to assist with the case; (2) did not subpoena witnesses for a hearing to suppress the petitioner's confession or trial; (3) failed to investigate thoroughly his mental condition; and (4) failed to file a change of venue motion. We affirm the trial court's denial of the petition. http://www.tba.org/tba_files/TCCA/frasurejh.wpd STATE OF TENNESSEE v. CLEANDER CLEON HARTMAN, JR. WITH CONCURRING OPINION Court:TCCA Attorneys: Ernest W. Williams and Dana C. McLendon III, Franklin, Tennessee, for the appellant, Cleander Cleon Hartman, Jr. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Derek Keith Smith, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant appeals from his convictions of aggravated sexual battery, sexual battery by an authority figure, and sexual battery. We conclude that the conviction for Count Two of sexual battery by an authority figure must be reversed and dismissed because stepparents as a matter of law are not included in the statute under which the defendant was indicted. Additionally, evidence of uncharged sex crimes was erroneously admitted and inappropriately argued resulting in undue prejudice to the defendant. The cumulative effect of these errors requires a new trial on Count One and Count Three. http://www.tba.org/tba_files/TCCA/hartmanccjr_opn.wpd CONCURRING OPINION http://www.tba.org/tba_files/TCCA/hartmanccjr_con.wpd BARTON L. HAWKINS v. STATE OF TENNESSEE Court:TCCA Attorneys: Robert Little, Memphis, Tennessee, for the Appellant, Barton L. Hawkins. Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan, Assistant Attorney General; William L. Gibbons, District Attorney General; and Betsy Carnesale, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: A Shelby County jury convicted the Petitioner of rape, and the trial court sentenced him as a Range I violent offender to eight years and one day in the Tennessee Department of Correction. The Petitioner subsequently filed a petition for post-conviction relief. The trial court conducted a post- conviction hearing and denied relief. The Petitioner now appeals the denial of post-conviction relief, arguing that he received ineffective assistance of counsel at trial. Specifically, he contends that his counsel (1) failed to aggressively question the victim regarding consent; (2) failed to object to the admission of expert testimony; (3) failed to aggressively cross-examine the prosecution's expert witness concerning her qualifications and her testimony in chief; (4) failed to prepare or investigate the case; (5) failed to object to "prejudicial witness examination and argument regarding the swapping of" a car battery; (6) failed to discuss defense strategy with the Petitioner; (7) failed to question the Petitioner about his knowledge of the victim's previous sexual behavior; (8) failed to review the transcript from the Petitioner's preliminary hearing; (9) failed to offer evidence of an injury to the Petitioner's hand; (10) failed to argue in closing the weight the jury should give testimony by the State's expert witness and failed to object to the State's definition of reasonable doubt in closing arguments; and (11) "failed to raise all probable issues on appeal." Having reviewed the record, we conclude that the Petitioner's representation was not deficient and therefore affirm the judgment of the trial court denying post-conviction relief. http://www.tba.org/tba_files/TCCA/hawkinsbl.wpd GREGORY L. HOLLINGSWORTH v. STATE OF TENNESSEE Court:TCCA Attorneys: Pamela Drewery-Rodgers, Selmer, Tennessee, for the appellant, Gregory Hollingsworth. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; Jerry Woodall, Assistant District Attorney General; and Al Earls, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: On May 3, 1999, the Defendant, Gregory L. Hollingsworth, pled guilty to aggravated assault, vehicular assault, driving after being declared an habitual motor vehicle offender, and two counts of criminal impersonation. The convictions were obtained in Madison County, Tennessee. The Defendant apparently did not appeal, but filed pro se for post-conviction relief in Carter County, Tennessee, where he was incarcerated. The trial court summarily dismissed the petition for improper venue. The Defendant refiled his petition on May 25, 2000, in Madison County, Tennessee. The trial court summarily dismissed the petition as barred by the one year statute of limitations. The Defendant now appeals. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/hollingsworthgl.wpd STATE OF TENNESSEE v. MARIO JOHNSON Court:TCCA Attorneys: AC Wharton, Jr., Public Defender; Garland Erguden, Assistant Public Defender, Memphis, Tennessee. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Kim R. Helper, Assistant Attorney General; William L. Gibbons, District Attorney General; and Patience Branham Johnson, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Mario Johnson, was convicted by a Shelby County jury for first-degree felony murder during the perpetration of a robbery and was sentenced to life imprisonment with parole. On appeal, Johnson argues that the evidence presented at trial was insufficient to support the verdict. After review, we find no error and affirm the judgment of the Shelby County Criminal Court. http://www.tba.org/tba_files/TCCA/johnsonmario.wpd STATE OF TENNESSEE v. EDDIE MEDLOCK Court:TCCA Attorneys: AC Wharton, Jr., Public Defender; Tony N. Brayton, Assistant Public Defender, Memphis, Tennessee, for the Appellant, Eddie Medlock. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Peter M. Coughlan, Assistant Attorney General; William L. Gibbons, District Attorney General; and Jennifer Nichols, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Eddie Medlock, was convicted after a trial by jury of two counts of aggravated rape and two counts of especially aggravated kidnapping, class A felonies. The Appellant, a Range III persistent offender, was sentenced to sixty years on each count. The Criminal Court of Shelby County ordered the rape counts to run concurrent, the kidnapping counts to run concurrent, and the rape and kidnapping counts to run consecutively to each other, for an effective one-hundred and twenty-year sentence. On appeal, Medlock argues that: (1) his multiple punishments for especially aggravated kidnapping and multiple punishments for aggravated rape violated double jeopardy principles; (2) his convictions for especially aggravated kidnapping violated due process principles of State v. Anthony; (3) the evidence was insufficient to sustain his convictions; (4) the trial court failed to articulate its findings of applicable enhancing factors at sentencing; and (5) consecutive sentencing was improper. After review, we find Medlock's multiple convictions for especially aggravated kidnapping constitute double jeopardy. Accordingly, one count of especially aggravated kidnapping is reversed and dismissed; the sentences and convictions for the remaining two counts of aggravated rape and one count of especially aggravated kidnapping are affirmed. http://www.tba.org/tba_files/TCCA/medlockeddie.wpd BEQUIR YMERLI POTKA, FATMIR AGOLLI, STAVRI POPA & EPISON PULAHA v. STATE OF TENNESSEE Court:TCCA Attorneys: Mark C. Scruggs, Nashville, Tennessee, for the Appellants, Bequir Ymerli Potka, Fatmir Agolli, Stavri Popa, and Epison Pulaha. Paul G. Summers, Attorney General & Reporter; Jennifer Bledsoe, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Brian Holmgren, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: We granted the defendants' application for interlocutory appeal, see Tenn. R. App. P. 9, to review the trial court's disqualification of defense counsel based upon conflicting interests in counsel's representation of all four defendants. Because we conclude that the lower court acted within its discretion in disqualifying counsel from multiple representation, we affirm. http://www.tba.org/tba_files/TCCA/potkaby.wpd TIMOTHY RATHERS v. STATE OF TENNESSEE Court:TCCA Attorneys: Robert Little and John Finklea, Memphis, Tennessee, for the appellant, Timothy Rathers. Paul G. Summers, Attorney General and Reporter; Laura McMullen Ford, Assistant Attorney General; William L. Gibbons, District Attorney General; and Stephanie Johnson, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The petitioner, Timothy Rathers, was convicted by a jury in the Shelby County Criminal Court of one count of possessing less than ten pounds of marijuana with intent to deliver and one count of possessing over .5 gram of cocaine with intent to deliver. The trial court sentenced the petitioner to an effective sentence of ten years incarceration in the Tennessee Department of Correction. Subsequently, the petitioner filed a petition for post-conviction relief alleging that he received ineffective assistance of counsel at trial. The post-conviction court denied the petition, finding that the petitioner had not met his burden of demonstrating counsel's ineffectiveness. The petitioner appeals. Upon review of the record and the parties' briefs, we affirm the judgment of the post- conviction court. http://www.tba.org/tba_files/TCCA/ratherst.wpd STATE OF TENNESSEE v. JOE W. STEWARD Court:TCCA Attorneys: Gary M. Howell, Columbia, Tennessee, for the appellant, Joe W. Steward. Paul G. Summers, Attorney General & Reporter; Marvin E. Clements, Jr., Assistant Attorney General; and Jeffrey L. Long, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Joe W. Steward, was convicted of driving under the influence, second offense, and possession of a weapon with intent to go armed. The trial court denied his challenge to the propriety of a roadblock. This court affirmed. See State v. Joe Steward, No. M1999-01284-CCA-R3-CD (Tenn. Crim. App., at Nashville, Aug. 18, 2000); see also Tenn. R. App. P. 11. Our supreme court granted an application for permission to appeal and, after filing its opinion in State v. Hicks, 55 S.W.3d 515 (Tenn. 2001), remanded the case to this court for reconsideration. By the guidelines established in Hicks, it is apparent that the record is insufficient to establish a compelling state interest to justify the roadblock. The judgments of the trial court are, therefore, reversed and the indictments are dismissed. http://www.tba.org/tba_files/TCCA/stewardjoew.wpd PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN TBALink! SUBSCRIBE TO OPINION FLASH! For the HTML Text Version: UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! To STOP receiving TBALink Opinion-Flash: Home • Contact Us • PageFinder • What's New • Help |
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