Opinion Flash

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
04	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

 

There are three ways for TBALink members to get the full-text versions of these opinions from the Web:

Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

IN RE: ORDER ESTABLISHING RULES 41 AND 42, RULES OF THE SUPREME COURT
OF TENNESSEE: RULES OF ETHICS FOR SPOKEN FOREIGN LANGUAGE INTERPRETERS
IN TENNESSEE COURTS; STANDARDS FOR COURT  INTERPRETERS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/interpret41and42.wpd

LAYTHANIEL HANEY, SR. v. STATE OF TENNESSEE

Court:TCCA

Attorneys: 

Gerald L. Gulley, Jr., Knoxville, Tennessee (on appeal); and Donald K.
Schold, Naples, Florida (at trial), for the Appellant, Laythaniel
Haney, Sr.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney
General; and Charles E. Atchley, Jr., Assistant District Attorney
General, for the Appellee, State of Tennessee.                         

Judge: WEDEMEYER

First Paragraph:

The Petitioner was convicted by a Cocke County jury of seven counts of
selling cocaine and one count of simple possession of marijuana.  The
trial court imposed an effective sentence of thirty-six years in the
Tennessee Department of Correction.  The convictions and sentence were
affirmed on direct appeal.  The Petitioner subsequently filed a
petition for post-conviction relief, arguing that he received
ineffective assistance of counsel at trial.  Following a hearing, the
trial court denied post- conviction relief, and this appeal ensued. 
Concluding that the Petitioner received effective assistance of
counsel at trial, we affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. MARCUS M. ODEN

Court:TCCA

Attorneys:   

Gerald L. Melton, District Public Defender; and Jeffrey S. Henry,
Assistant District Public Defender, for the appellant, Marcus M. Oden.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; William C. Whitesell, Jr., District
Attorney General; and J. Paul Newman, Assistant District Attorney
General, for the appellee, State of Tennessee.                         

Judge: RILEY

First Paragraph:

The Rutherford County Grand Jury indicted the defendant for aggravated
child abuse.  Pursuant to a negotiated plea agreement, the defendant
pled guilty to aggravated assault as a Range II multiple offender for
an eight-year sentence, with the manner of service to be determined by
the trial court.  Following a sentencing hearing, the trial court
denied the defendant's request for alternative sentencing and ordered
him confined in the Tennessee Department of Correction.  In this
appeal, the defendant contends he should have received alternative
sentencing.  After a thorough review of the record, we affirm the
judgment of the trial court.

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

STATE OF TENNESSEE v. TOMMY R. POWELL

Court:TCCA

Attorneys:

Tommy R. Powell, Bell Buckle, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Christine M. Lapps,
Assistant Attorney General; Ronald L. Davis, District Attorney
General; and Derek K. Smith, Assistant District Attorney General, for
the appellee, State of Tennessee.                         

Judge: RILEY

First Paragraph:

Defendant was found guilty of violating the state speeding law by the
Fairview City Court and, on appeal, was again found guilty by the
Circuit Court of Williamson County.  In this appeal, defendant
contends he was denied his constitutional right to trial by jury, and
the evidence was insufficient to support his conviction.  Although we
find the evidence sufficient to support the conviction, we conclude
defendant was deprived of his right to trial by jury.  We reverse and
remand for a new trial.

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

STATE OF TENNESSEE v. DANNY TROUT

Court:TCCA

Attorneys:

David E. Brandon (at trial and on appeal) and Peter D. Heil (on
appeal), Nashville, Tennessee, for the appellant, Danny Trout.

Paul G. Summers, Attorney General and Reporter; Gill Robert Geldreich,
Assistant Attorney General; Victor S. (Torry) Johnson, III, District
Attorney General; and David G. Vorhaus and Ed Ryan, Assistant District
Attorneys General, for the appellee, State of Tennessee.                          

Judge: RILEY

First Paragraph:

The defendant was convicted by a Davidson County jury of DUI.  In this
appeal, he alleges the Vehicular Crimes Grand Jury, which was convened
in Davidson County to consider only vehicle- related crimes, was
illegally empaneled.  He further contends the investigatory stop of
his automobile was improper.  We affirm.

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

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN TBALink!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free!

For the Plain Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank

For the HTML Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE HTML
3) Leave the body of the message blank

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

To STOP receiving TBALink Opinion-Flash:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank