Opinion Flash

April 4, 2002
Volume 8 — Number 061

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):
 
02 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
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


WILLIAM ANDREW DIXON v. FLORA J. HOLLAND, WARDEN
CORRECTED OPINION

Court:TSC

Attorneys: 

Thomas F. Bloom, Nashville, Tennessee, for the appellant, William
Andrew Dixon.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore,
Solicitor General; Kim R. Helper, Assistant Attorney General; and
Pamela S. Lorch, Assistant Attorney General, for the appellees, Donal
Campbell, Commissioner for the Department of Corrections, and Flora
Holland, Warden.
                         
Judge: HOLDER

First Paragraph:

We granted review in these consolidated cases to determine (1) whether
William Andrew Dixon's sentence under Tenn. Code Ann. S 39-2603 (1975)
is void and thus subject to habeas corpus relief; and (2) whether
Tenn. Code Ann. S 41-21-236(c) (1997) applies to Dixon's sentence.  We
hold that Dixon's sentence is void and grant habeas corpus relief.  We
further hold that Dixon is entitled to any sentence reduction credits
earned from 1988 until 1998.  Our grant of habeas corpus relief
pretermits the remaining issues raised by Dixon.  Accordingly, the
judgment of the Court of Criminal Appeals is reversed, and the case is
remanded to the criminal court for proceedings consistent with this
opinion.

CORRECTED OPINION
http://www.tba.org/tba_files/TSC/dixonwill.wpd


GARY WAYNE ROBERTSON v. LORI VANHOOSER ROBERTSON

Court:TSC

Attorneys:

Selma Cash Paty and Sherry Bailey Paty, Chattanooga, Tennessee, for
the appellant, Gary Wayne Robertson.

Leroy Phillips, Jr., Chattanooga, Tennessee, for the appellee, Lori
Vanhooser Robertson.                          

Judge: HOLDER

First Paragraph:

We granted this appeal to address the means for determining whether a
disadvantaged spouse can be "rehabilitated" under S 36-5-101(d)(1) of
the Tennessee Code Annotated.  We hold that a trial court must
consider all relevant factors in S 36-5-101(d)(1) to determine whether
an economically disadvantaged spouse can be rehabilitated.  Because
the trial court properly applied the relevant statutory factors, we
affirm the trial court's award of alimony, as modified, in this case.

http://www.tba.org/tba_files/TSC/robertgw.wpd


RAYMOND D. WORKMAN, ET UX V. WAL-MART STORES EAST, INC., ET AL.

Court:TCA

Attorneys: 

Dwight Tracey Shaw and G. Andrew Rowlett, Nashville, Tennessee, for
the Appellants, Wal-mart Stores East, Inc., et al.

Charles Timothy Tisher, Columbia, Tennessee, for the Appellees,
Raymond D. Workman and Nola Ann Workman.                         

Judge: DANIEL

First Paragraph:

This is an appeal by Wal-Mart, Inc., from a jury verdict and a
judgment totaling $30,000 in favor of Raymond D. Workman and Nola Ann
Workman, for damages caused by a slip and fall Mr. Workman suffered at
Wal-Mart's store.  Wal-Mart, Inc. has appealed this judgment insisting
that the trial court erred by not setting aside the jury verdict and
directing a verdict in their favor, or not granting a new trial.   For
the reasons stated in this opinion, we affirm the trial court's
decision and remand the case.

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


AARON BURTON v. STATE OF TENNESSEE

Court:TCCA

Attorneys:  

Aaron Burton, Pikeville, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; and Bill Cox, District Attorney General,
for the appellee, State of Tennessee.                        

Judge: WELLES

First Paragraph:

The Defendant, Aaron Burton, pled guilty to second degree murder in
1997.  He subsequently filed for post-conviction relief, alleging
ineffective assistance of counsel.  After a hearing, the Defendant's
petition was denied, and this Court affirmed the trial court's
judgment.  See Aaron Burton v. State, No. E1999-01616-CCA-R3-CD (Tenn.
Crim. App., Knoxville, March 31, 2000).  The Defendant subsequently
filed the instant proceeding, styled "Petition for Post-Conviction
Relief and/or to Reopen."  Finding that the Defendant failed to
establish any grounds for reopening his previous petition, the trial
court denied relief.  The Defendant now appeals.  We affirm the
judgment of the trial court.

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


STATE OF TENNESSEE v. ADRIAN DEE CLARK

Court:TCCA

Attorneys:  

Donna R. Miller, Assistant District Public Defender, Chattanooga,
Tennessee, for the appellant, Adrian Dee Clark.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; Bill Cox, District Attorney General; and
Christopher Poole, Assistant District Attorney General, for the
appellee, State of Tennessee.                        

Judge: WELLES

First Paragraph:

The Defendant, Adrian Dee Clark, pled guilty to one count of
aggravated assault.  After a sentencing hearing, the trial court
sentenced the Defendant as a Range I standard offender to serve five
(5) years in the Department of Correction.  On appeal, the Defendant
contends that the trial court erred by (1) sentencing him to five
years and (2) denying him probation or alternative sentencing.  We
affirm the judgment of the trial court.

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


STATE OF TENNESSEE v. KATHY JANE GILES

Court:TCCA

Attorneys: 

Donald E. Parish, Huntingdon, Tennessee, for the Appellant, Kathy Jane
Giles.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Renee W. Turner, Assistant Attorney General; G.
Robert Radford, District Attorney General; and Steven L. Garrett,
Assistant District Attorney General, for the Appellee, State of
Tennessee.                         

Judge: HAYES

First Paragraph:

The Appellant, Kathy Jane Giles, was convicted by a Henry County jury
of DUI, unlawful possession of a weapon, possession of drug
paraphernalia, and four counts of felony possession of a controlled
substance with the intent to deliver or sell.  For these convictions,
Giles received an effective three- year Community Corrections sentence
with one year to be served in confinement.  On appeal, Giles raises
the following issues for our review: (1) whether the evidence
presented at trial was sufficient to support the convictions; and (2)
whether she received ineffective assistance of counsel at trial. 
After review, we find no error and affirm the judgment.

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


STATE OF TENNESSEE v. RANDY G. McDANIEL

Court:TCCA

Attorneys: 

Steven L. West, McKenzie, Tennessee, for the appellant, Randy G.
McDaniel.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; G. Robert Radford, District Attorney
General; and Steven L. Garrett, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The defendant entered pleas of guilty to two counts of manufacturing a
Schedule II controlled substance and was sentenced to concurrent
three-year sentences.  The trial court further ordered that the
defendant have split confinement, with supervised probation after
serving one year in the Tennessee Department of Correction.  The
defendant appeals this sentence, arguing that he should be eligible
for parole after service of 30% of the sentence, that his sentence
should be served at the county workhouse, and that he should receive
sentence credits.  We affirm the judgment of the trial court.

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


STATE OF TENNESSEE v. ARTHUR M. MEFFORD

Court:TCCA

Attorneys: 

Martha J. Yoakum, District Public Defender, and John A. Beaty,
Assistant District Public Defender, for the appellant, Arthur M.
Mefford.

Paul G. Summers, Attorney General and Reporter; Mark A. Fulks,
Assistant Attorney General; William Paul Phillips, District Attorney
General; and William Todd Longmire, Assistant District Attorney
General, for the appellee, State of Tennessee.                         

Judge: WILLIAMS

First Paragraph:

Defendant appeals the trial court's denial of alternative sentencing. 
The record on appeal is insufficient in that there is no transcript of
defendant's guilty plea hearing or other evidence to review.  We,
therefore, dismiss the appeal.

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


STATE OF TENNESSEE v. RODNEY K. MOORE

Court:TCCA

Attorneys:     

Juni S. Ganguli, Memphis, Tennessee, for the Appellant, Rodney K.
Moore.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Braden H. Boucek, Assistant Attorney General;
William L. Gibbons, District Attorney General; and Jim Lammey and
Michael Davis, Assistant District Attorneys General, for the Appellee,
State of Tennessee.                     

Judge: HAYES

First Paragraph:

The Appellant, Rodney K. Moore, was convicted by a Shelby County jury
of sale of  cocaine less than .5 grams, a class C felony.  Moore was
sentenced as a Range II offender, to ten years in the  Department of
Correction.  He now appeals his conviction and sentence, raising the
following issues for our review: (1) whether there was sufficient
evidence presented at trial to support the conviction; (2) whether
there was cumulative error sufficient to justify a new trial; and (3)
whether the trial court erred by sentencing Moore to serve the maximum
sentence within his range.  After review, we find no error and affirm
the judgment.

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


KEITH U. TATE v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Jeffery S. Glatstein, Memphis, Tennessee, for appellant, Keith U.
Tate.

Paul G. Summers, Attorney General & Reporter; John H. Bledsoe,
Assistant Attorney General, William L. Gibbons, District Attorney
General; and Johnnie McFarland, Assistant District Attorney, for
appellee, State of Tennessee.                          

Judge: SMITH
 
First Paragraph:

The petitioner, Keith U. Tate, was tried with his co-defendant/brother
for aggravated rape. The petitioner was convicted of having committed
aggravated sexual battery.  The trial court sentenced him to serve
seventeen years as a Range II offender.   The petitioner filed a
motion for new trial, which the trial court denied.  The petitioner
appealed the trial court's denial of his motion to this Court, and we
affirmed the trial court's ruling.  See State v. Keith U. Tate, No.
02C01-9406-CR- 00132, 1997 Tenn. Crim. App. LEXIS 18, at *1 (Tenn.
Crim. App. at Jackson, Jan. 19, 1997).  Subsequently, the petitioner
filed for post-conviction relief, alleging that he received
ineffective assistance of counsel at both the trial and appellate
levels.  After conducting a hearing, the post- conviction court
dismissed the petition, and the petitioner now brings this appeal
challenging that dismissal.  After reviewing the record, we find that
the petitioner has failed to prove by clear and convincing evidence
that he received ineffective assistance of counsel.

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

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