Opinion Flash

April 8, 2002
Volume 8 — Number 063

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
00 New Opinion(s) from the Tennessee Court of Appeals
03 New Opinion(s) from the Tennessee Court of Criminal Appeals
03 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

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0408.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. 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


SB 2599/HB2549 - Pledge of Allegiance - Public Schools -
Constitutionality

Date: April 3, 2002

Opinion Number: 02-038                         

http://www.tba.org/tba_files/AG/OP38.pdf


Ten Commandments - Posting - Courthouse - Establishment Clause

Date: April 3, 2002

Opinion Number: 02-039                        

http://www.tba.org/tba_files/AG/OP39.pdf


Statutory Change to General Sessions Judges' Salaries

Date: April 3, 2002

Opinion Number: 02-040                         

http://www.tba.org/tba_files/AG/OP40.pdf

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