Opinion Flash

February 25, 2002
Volume 8 — Number 035

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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
07 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


SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS

http://www.tba.org/tba_files/TSC_Rules/certlist_0225.wpd

JUDITH DIANE GREER v. EDWIN DANIEL GREER  

Court:TCA

Attorneys:  

L.L. Harrell, Jr., Trenton, TN, for Appellant

W. Brown Hawley, II, Paris, TN, for Appellee                        

Judge: CHILDERS

First Paragraph:

This appeal arises out of a divorce action filed by the parties in
Benton County, Tennessee.  Edwin Daniel Greer ("Husband") appeals the
trial court's decision awarding the parties' marital residence to
Judith Diane Greer ("Wife"), ordering Husband to pay rehabilitative
alimony for four years, and awarding attorney's fees to Wife.  We
reverse the trial court's decision awarding the marital residence and
the adjoining 9.4 acres to Wife and remand for further action by the
trial court.  We affirm the trial court's decision awarding Wife
rehabilitative alimony and an attorney's fee of $3,000.00.  We remand
the case to the trial court for the amount and duration of
rehabilitative alimony.

http://www.tba.org/tba_files/TCA/greere.wpd

In Re: ESTATE of HILLARY R. SANDERS

Court:TCA

Attorneys: 

John Thomas O'Connor, Knoxville, Tennessee, for the Appellants, Conda
Sanders, Bratcher Lee Sanders, John Sanders and Linda Blazier

Robert W. Godwin, Knoxville, Tennessee, for the Appellants, Bettie
Gray, Kathryne Brock and Vonna Beason

Joe G. Bagwell, Knoxville, Tennessee, for the Appellees, Peter N.
Harness, Dennis R. Keck and Elmer W. Sanders

Judge: GODDARD

First Paragraph:

In this appeal from the Claiborne County Chancery Court the
Appellants, Conda Sanders, Bratcher Lee Sanders, John Sanders, Linda
Blazier, Bettie Gray, Kathryne Brock and Vonna Beason, contest the
Trial Court's finding that the valid and controlling will of  Hillary 
Sanders is the will executed by him on June 22, 1992.  The Appellants
contend that the joint will executed by Hillary Sanders and Fairobelle
Sanders on September 8, 1974, is an irrevocable contract and,
therefore, it, not the will of June 22, 1992, is the valid and
controlling will of Hillary Sanders.  We affirm the order of the Trial
Court and remand with directions.

http://www.tba.org/tba_files/TCA/sandersh.wpd

STATE OF TENNESSEE v. BILLY HAROLD ARNOLD

Court:TCCA

Attorneys:

Richard A. Spivey, Kingsport, Tennessee, for the appellant, Billy
Harold Arnold.

Paul G. Summers, Attorney General and Reporter; Angele M. Gregory,
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: TIPTON

First Paragraph:

The defendant, Billy Harold Arnold, appeals his misdemeanor theft
conviction for which the Sullivan County Criminal Court sentenced him
to eleven months twenty-nine days, all suspended except for thirty
days confinement, "day for day."  He contests the sufficiency of the
evidence, the admission into evidence of prior similar conduct, and
his sentence.  We affirm the trial court, although we also note that a
"day for day" term of confinement does not bar application of relevant
good conduct credit statutes.

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

STATE OF TENNESSEE v. F. CHRIS CAWOOD

Court:TCCA

Attorneys: 

Patrick C. Cooley, Kingston, Tennessee, for the Appellant, F. Chris
Cawood.

Paul G. Summers, Attorney General and Reporter; Mark A. Fulks,
Assistant Attorney General; and J. Michael Taylor, District Attorney
General, for the Appellee, State of Tennessee.                         

Judge: WEDEMEYER

First Paragraph:

The Defendant was indicted for two counts of promoting prostitution
and for two counts of patronizing prostitution.  Following a bench
trial, the Defendant was convicted of two counts of attempting to
patronize prostitution, a Class C misdemeanor; sentenced to thirty
days suspended; and fined $50.00 for each count.  The Defendant now
appeals, arguing the following: (1) that the evidence is insufficient
to support the convictions; (2) that the conduct by law enforcement in
this case was so outrageous as to constitute a defense; (3) that a
fatal variance exists between the indicted charges and the evidence
presented at trial; (4) that the trial court erred in failing to
suppress the audio and video tape evidence that was introduced at
trial; and (5) that the trial court erred in denying the Defendant's
motion to seal the audio and video tape evidence in this case. 
Concluding that the evidence is insufficient to support the
convictions, we reverse the judgment of the trial court and dismiss
the charges against the Defendant.

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

STATE OF TENNESSEE v. KENNETH ENGLAND

Court:TCCA

Attorneys: 

Julie A. Rice, Knoxville, Tennessee (on appeal); and Charles Herman,
Jacksboro, Tennessee (at trial), for the Appellant, Kenneth England.

Paul G. Summers, Attorney General and Reporter; Patricia C. Kussmann,
Assistant Attorney General; William Paul Phillips, District Attorney
General; Michael Ripley, Assistant District Attorney General; and John
Steakley, Assistant District Attorney General, for the Appellee, State
of Tennessee.                         

Judge: WEDEMEYER

First Paragraph:

The Defendant pled guilty to three counts of retaliation for past
action, a Class E felony, and the trial court sentenced him to four
years on community corrections.  Three separate violation warrants
were subsequently issued against the Defendant.  Following a
revocation hearing, the trial court revoked the Defendant's placement
on community corrections and ordered that the Defendant serve his
original sentence in the Tennessee Department of Correction.  The
Defendant now appeals, arguing that the trial court erred in revoking
his community corrections sentence and ordering him to serve his
sentence in confinement.  Finding no error, we affirm the judgment of
the trial court.

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

STATE OF TENNESSEE v. JEANNIE HUDSON

Court:TCCA

Attorneys:

Edward Cantrell Miller, District Public Defender, and Susanne Bales,
Assistant District Public Defender, for the appellant, Jeannie Hudson.

Paul G. Summers, Attorney General and Reporter; Angele M. Gregory,
Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney
General; and Charles Edward Atchley, Jr., Assistant District Attorney
General, for the appellee, State of Tennessee.                      

Judge: WILLIAMS

First Paragraph:

After pleading guilty to aggravated assault and receiving a sentence
of split confinement of three years with nine months to be served
day-for-day, defendant appeals her sentence.  She requests full
probation or allowance of good conduct credits while serving the
incarceration portion of her sentence.  We affirm the denial of full
probation and reverse that portion of the sentence that provides
day-for-day service.  We hold that a defendant sentenced to the county
jail for less than one year is entitled to earn good conduct credits
pursuant to Tennessee Code Annotated section  41-2-111(b).

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

JAMES EMMETT MOSES, JR. v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

D. Michael Dunavant, Ripley, Tennessee, for the Appellant, James
Emmett Moses, Jr.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; Elizabeth T. Rice, District Attorney
General; and Tracey Brewer, Assistant District Attorney General, for
the Appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Petitioner pleaded guilty to one count of aggravated burglary, two
counts of robbery and one count of theft under $500.00.  Following a
sentencing hearing, the trial court sentenced the Petitioner as a
Range III persistent offender to twelve years for the aggravated
burglary conviction, thirteen years for each of the robbery
convictions, and eleven months and twenty-nine days for the
misdemeanor theft conviction.  The sentencing court imposed
consecutive sentences for the robbery convictions, resulting in an
effective sentence of twenty-six years in the Tennessee Department of
Correction.  This Court affirmed the sentences on appeal, and the
Tennessee Supreme Court denied the Petitioner's application for
permission to appeal.  The Petitioner subsequently filed for post-
conviction relief, claiming that his plea was constitutionally
defective because he was inadequately represented and that his plea
was not voluntarily, knowingly, and intelligently entered.  The trial
court denied relief.  After review, we affirm the judgment of the
trial court.

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

STATE OF TENNESSEE v. JERET TYRONE PHILLIPS

Court:TCCA

Attorneys:

Stephen M. Wallace, District Public Defender; and William A. Kennedy,
Assistant Public Defender, Blountville, Tennessee, for the appellant,
Jeret Tyrone Phillips.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; H. Greeley Wells, Jr., District
Attorney General; and William Harper, Assistant District Attorney
General, for the appellee, State of Tennessee.                         

Judge: WOODALL

First Paragraph:

Defendant, Jeret Phillips, appeals from the order of the Sullivan
County Criminal Court which revoked Defendant's probation and required
him to serve his sentence in the Tennessee Department of Correction. 
After a thorough review of the record, we affirm the judgment of the
trial court.

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

CAMILLA RAY v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Albert J. Newman, Jr., Knoxville, Tennessee, for the appellant,
Camilla Ray.

Paul G. Summers, Attorney General and 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: TIPTOON

First Paragraph:

The petitioner appeals from the Knox County Criminal Court's denying
her post-conviction relief from her especially aggravated robbery and
especially aggravated kidnaping convictions and resulting concurrent
fifteen-year sentences that she received in 2000 based upon her pleas
of guilty.  She contends that her guilty pleas resulted from the
ineffective assistance of counsel in that counsel misadvised her about
the percentage of her sentence that she would have to serve in
confinement.  We affirm the trial court's denial of relief.

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

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