Opinion Flash

June 17, 2002
Volume 8 — Number 103

Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.

This Issue (IN THIS ORDER):
 
00 New Opinion(s) from the Tennessee Supreme Court
04 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
05 New Opinion(s) from the Tennessee Court of Appeals
11 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


FREEMAN DECORATING COMPANY v. JOSEPH W. BOWERS

Court:TSC - Workers Comp Panel

Attorneys:  

Randall C. Ferguson, Nashville, Tennessee, for the appellant, Joseph
W. Bowers.

Daniel C. Todd, Nashville, Tennessee, for the appellee, Freeman
Decorating Company.                        

Judge: BYERS

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann.S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.  The trial
judge found the plaintiff had suffered no compensable injury.  The
trial judge made contingent findings that if the injury was
compensable the plaintiff would be entitled to ten percent (10%)
vocational impairment to the body as a whole and that the defendants
average weekly wage was $105.06.  We affirm the judgment of the trial
court.

http://www.tba.org/tba_files/TSC_WCP/freemandecoratingco.wpd

JAMES HANNAH  v. YELLOW FREIGHT SYSTEM, INC.

Court:TSC - Workers Comp Panel

Attorneys:   

Ann Buntin Steiner, Nashville, Tennessee, for the appellant, Tommy
Hannah, administrator of the Estate of James Hannah

Stephen K. Heard and Jeffrey M. Beemer, Nashville, Tennessee, for the
appellee, Yellow Freight System, Inc.

Paul G. Summers, Attorney General and Reporter, and E. Blaine Sprouse,
Assistant Attorney General, Nashville, Tennessee, for the appellee,
Jim Farmer, Director, Tennessee Department of Labor and Workforce
Development's Workers' Compensation Division, Second Injury Fund.

Judge: LOSER

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. 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 appellant insists the trial court erred in (1) allowing an
attorney's fee on 20 percent of the actual recovery, instead of on
what the claimant would have recovered if he had lived to age 65, (2)
refusing to award bad faith penalties, (3) determining the injured
employee's average weekly wage, (4) disallowing unauthorized medical
and drug expenses, and (4) disallowing benefits beyond the death of
the injured worker.  As discussed below, the judgment of the trial
court is affirmed in part and the cause remanded for further
consideration only of the attorney fee issue.

http://www.tba.org/tba_files/TSC_WCP/hannahjames.wpd

DANIEL KEITH LINDEMAN v. CHARLES SAIN, et al.

Court:TSC - Workers Comp Panel

Attorneys:

Jim K. Duncan and Patrick J. McHale, Murfreesboro, Tennessee,
attorneys for the appellant's, Charles Sain, individually and d/b/a
Sain Drywall.

D. Brett Burrow and Gordon C. Aulgur, Nashville, Tennessee, attorneys
for the appellee, Summar Construction, LLC.

Judge: BYERS

First Paragraph:

The trial court found that plaintiff was injured as a result of a
work-related accident, was an employee of defendant Charles Sain d/b/a
Sain Drywall [hereafter Sain] at the time of the accident and that
Sain was a subcontractor of the defendant Summar Construction, LLC. 
The court further found that Sain had employed five or more people at
one time and was subject to the requirement of the Worker's
Compensation Act and that Sain would be responsible to Summar
Construction for any payment made by them to the plaintiff for his
injuries.  We reverse the judgment which makes Sain liable and affirm
the judgment as to Summar Construction, LLC.

http://www.tba.org/tba_files/TSC_WCP/lindemandanielkeith.wpd

EUGENE OSBORNE v. STATE INDUSTRIES, INC.

Court:TSC - Workers Comp Panel

Attorneys:          

D. Andrew Saulters, Nashville, Tennessee, for the appellant, Eugene
Osborne.

John Thomas Feeney and Cynthia DeBula Baines, Nashville, Tennessee,
for the appellee, State Industries, Inc.                

Judge: WEATHERFORD

First Paragraph:

This workers' compensation appeal has been referred  to the Special
Workers' Compensation Appeals 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.  The plaintiff, who claimed that he injured his back at work
while painting traffic lines with a line striker, appeals the judgment
of the trial court dismissing the case after finding that the
plaintiff failed to prove he suffered an accident or injury arising
out of and in the court and scope of his employment. We hold that the
evidence does not preponderate against the trial court's findings. 
Accordingly, the judgment of the trial court is affirmed.

http://www.tba.org/tba_files/TSC_WCP/osborneeugene.wpd

SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0617.wpd

JUDY C. BURROUGHS, INDIVIDUALLY, AND AS SURVIVING SPOUSE AND PERSONAL
REPRESENTATIVE OF THE ESTATE OF HAROLD L. BURROUGHS, DECEASED v.
ROBERT W. MAGEE, M.D.

Court:TCA

Attorneys:

J. Houston Gordon and Jason G. Whitworth, Covington, Tennessee, for
the Appellant, Judy C. Burroughs.

Hubert B. Jones and Gary H. Nichols, Dyersburg, Tennessee, for the
Appellee, Robert W. Magee, M.D.

Judge: LILLARD

First Paragraph:

This is a personal injury and wrongful death case.  The plaintiff and
her husband were involved in an automobile accident.  The plaintiff
sued the driver of the other vehicle for her husband's wrongful death
as well as for injuries she sustained in the accident.  The plaintiff
named the driver's physician as an additional tortfeasor, alleging
that the physician negligently prescribed drugs to a known drug
addict, negligently prescribed two contraindicated drugs, and
negligently failed to warn his patient of the risks of driving while
under the influence of the drugs.  The trial court granted the
physician's motion for summary judgment on the grounds that the
physician had no duty to unidentifiable third parties such as the
plaintiff.  We affirm in part and reverse in part, finding that the
physician owed a duty to the plaintiff and the decedent to warn his
patient of the risks of driving while under the influence of the
prescribed drugs.

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

MARTIN DOOR & WINDOW COMPANY, INC. v. THOMAS DONEGAN d/b/a THE
CONSTRUCTION TEAM, et al.

Court:TCA

Attorneys:

Todd E. Panther, Nashville, Tennessee, for appellant, Martin Door &
Window Company, Inc.

Gary M. Eisenberg, Clarksville, Tennessee, for appellee, Wallace
Cornett, Jr.                       

Judge: INMAN

First Paragraph:

Notwithstanding that plaintiff, a materialman, was aware that a
general contractor was constructing a residence for the owner, upon
non-payment of invoices submitted to the contractor, the plaintiff
filed a lien against the owner's property, claiming a right by
separate contract.  The Chancellor disagreed, holding that only a
contractor may file a lien and, further, that the plaintiff did not
contract with the owner as alleged.  We affirm.

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

MARTIN DOOR & WINDOW COMPANY, INC. v. THOMAS DONEGAN d/b/a THE
CONSTRUCTION TEAM, et al.

Court:TCA

COTTRELL CONCURRING

http://www.tba.org/tba_files/TCA/martindoor_con1.wpd

MARTIN DOOR & WINDOW COMPANY, INC. v. THOMAS DONEGAN d/b/a THE
CONSTRUCTION TEAM, et al.

Court:TCA

KOCH CONCURRING

http://www.tba.org/tba_files/TCA/martindoor_con2.wpd

KAILA B. WILLIAMS SANDERS, Individually and as Next of Kin to CATHI D.
WILLIAMS, Deceased, v. TRACIE A. TRAVER, M.D., ALL WOMEN'S CARE, P.C.,
SHELBY B. SHIVERS, M.D., MARYVILLE ANESTHESIOLOGISTS, P.C., d/b/a
MARYVILLE ANESTHESIA GROUP, and BLOUNT MEMORIAL HOSPITAL INCORPORATED

Court:TCA

Attorneys: 

Sidney Gilreath, Dianne E. Lashmit, and Timothy A. Housholder,
Knoxville, Tennessee, for Appellant, Kaila B. Williams Sanders.

Carl P. McDonald, Maryville, Tennessee, for Appellee, Blount Memorial
Hospital, Incorporated.                         

Judge: FRANKS

First Paragraph:

The Trial Judge dismissed the action filed pursuant to the
Governmental Tort Liability Act on the ground the statute of
limitations had run, and Tenn. R. Civ. P. 6.01 did not apply to
governmental entities.  On appeal, we reverse.

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

TENNSCO CORPORATION v. ELIAS H. ATTEA, JR.

Court:TCA

Attorneys:

James A. Freeman, III, Richard H. Sforzini, Jr., and Talmage M. Watts,
Nashville, Tennessee, for the appellant, Elias H. Attea, Jr.

Coburn Dewees Berry and Kim B. Watson, Nashville, Tennessee, for the
appellee, Tennsco Corporation.                      

Judge: CANTRELL

First Paragraph:

This is a complaint to remove a cloud on the title to two parcels of
property.  The Chancery Court of Williamson County granted summary
judgment to the plaintiff, holding that as a matter of law a
restrictive covenant in a prior deed in the plaintiff's chain of title
did not run with the land and did not create an equitable servitude. 
We affirm.

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

CHARLES B. WATSON v. MARGARET O. WATSON ASHLEY, et al.

Court:TCA

Attorneys:    

William E. Simms, Fayetteville, Tennessee, for the appellants,
Margaret O. Watson Ashley, Jerry D. Ashley, Jarrett D. Ashley, Jana
Ashley Smith, Timmy Smith, Ruby Elliott Watson, and Margaret O. Watson
Ashley, Executrix of the Estate of Clyde E. Watson, deceased.

Mark Stewart, Winchester, Tennessee, for the appellee, Charles B.
Watson.                      

Judge: CANTRELL

First Paragraph:

In this action to set aside a deed, the Circuit Court of Franklin
County held that the deed had been procured by persons in a
confidential relationship with the grantor and that the presumption of
undue influence had not been rebutted by clear and convincing
evidence.  We affirm the trial court's action in setting aside the
deed.

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

STATE OF TENNESSEE v. DAVID W. BASS

Court:TCCA

Attorneys:

John M. McFarland, Kingston, Tennessee, for the appellant, David W.
Bass.

Paul G. Summers, Attorney General & Reporter; Braden H. Boucek,
Assistant Attorney General; and Frank Harvey, Assistant District
Attorney General, for the appellee, the State of Tennessee.

Judge: WADE

First Paragraph:

The defendant, David W. Bass, was indicted for driving under the
influence, violation of the implied consent law, failure to appear,
and operating a motor vehicle with an improper taillight.  Pursuant to
a plea agreement, the defendant entered a plea of guilt to driving
under the influence, first offense.  After the entry of his plea but
before sentencing, the defendant sought to withdraw his plea, arguing
that it was not knowingly and voluntarily made.  The trial court
denied the motion and imposed a sentence of eleven months and
twenty-nine days, with all but three days suspended.  In this appeal
of right, the defendant contends that the trial court erred by denying
the motion to withdraw the guilty plea.  The judgment of the trial
court is affirmed.

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

CUMECUS R. CATES v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Cumecus R. Cates, Wartburg, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and S. Jo Helm, Assistant District Attorney General, for the
Appellee, State of Tennessee.                   

Judge: WEDEMEYER

First Paragraph:

Pursuant to a plea agreement, the Petitioner pled guilty to four
felony drug offenses and received an effective sentence of sixteen
years.  After a hearing, the trial court ordered the sentence to be
served in the Tennessee Department of Correction.  The Petitioner
filed a petition for post-conviction relief, which the trial court
dismissed without a hearing for failure to state a colorable claim. 
Concluding that the Petitioner stated a colorable claim, we reverse
and remand for a hearing.

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

STATE OF TENNESSEE v. GREGORY DUNNORM

Court:TCCA

Attorneys:

J. Thomas Marshall, Jr., District Public Defender, for the appellant,
Gregory Dunnorm.

Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger,
Assistant Attorney General; and Jan Hicks, Assistant District Attorney
General, for the appellee, State of Tennessee.                      

Judge: WADE

First Paragraph:

The defendant, Gregory Dunnorm, was convicted of Class D felony
evading arrest, the simple assault of LaDeana Ellis, vandalism, and
second offense driving on a suspended license.  See Tenn. Code Ann. SS
39-16-603, 39-13-301, 39-14-408, 55-50-504.  He had been charged with
the aggravated assault of LaDeana Ellis and was acquitted on charges
of simple assault of Sonda Ellis and aggravated assault of Officer
Karen Wehenkel.  While granting supervised probation, the trial court
sentenced the defendant to concurrent terms of two years for evading
arrest and 11 months, 29 days for each of the misdemeanor convictions.
 In this appeal of right, the defendant asserts (1) that the evidence
was insufficient to support the convictions for evading arrest,
assault, and vandalism; (2) that the trial court erred by permitting
the state to cross-examine the defendant regarding his affidavit of
income; (3) that the trial court erred by failing to instruct the jury
regarding the lesser included offenses of Class D felony evading
arrest; and (4) that the trial court erred by declining to instruct
the jury on the defense of effective consent.  Because the evidence
was insufficient to support the defendant's conviction for Class D
felony evading arrest and because the trial court erred by failing to
instruct on the lesser included offense of Class E felony evading
arrest, the conviction is reversed and the cause remanded.  Otherwise,
the judgments of the trial court are affirmed.

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

STATE OF TENNESSEE v. GREGORY DUNNORM

Court:TCCA

TIPTON CONCURRING

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

STATE OF TENNESSEE v. CHRISTOPHER FLAKE

Court:TCCA

Attorneys:

Leslie I. Ballin and Steve E. Farese, Memphis, Tennessee, for the
appellant, Christopher Flake.

Paul G. Summers, Attorney General & Reporter; Kim R. Helper, Assistant
Attorney General; and John Campbell, Assistant District Attorney
General, for the appellee, the State of Tennessee.                        

Judge: WADE

First Paragraph:

The defendant, Christopher Flake, was convicted of two counts of first
degree murder.  After the defendant waived his right to have a jury
determine punishment, the trial court imposed consecutive sentences of
life imprisonment without the possibility of parole.  In this appeal
of right, the defendant asserts (1) that he established the
affirmative defense of insanity by clear and convincing evidence; (2)
that the trial court erred by denying his motion to suppress; (3) that
the trial court erred by refusing his request to present the opening
and rebuttal closing arguments; (4) that the trial court erred by
dismissing a potential juror for cause; (5) that the trial court erred
by admitting photographs of the victims; and (6) that the trial court
erred by denying his request for a mistrial.  Because the defendant
proved by clear and convincing evidence that he was insane at the time
of the shootings, the judgments of conviction are reversed.  The
defendant is declared not guilty by reason of insanity and the cause
is remanded for proceedings pursuant to Tennessee Code Annotated S
33-7-303.

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

STATE OF TENNESSEE v. JOHN WESLEY JOHNSON

Court:TCCA

Attorneys:  

John Wesley Johnson, Trenton, Tennessee, Pro Se (on appeal), and Scott
G. Kirk, Jackson, Tennessee (at trial), for the appellant, John Wesley
Johnson.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; William L. Gibbons and Terrell G. Graves,
District Attorneys General Pro Tem, for the appellee, State of
Tennessee.

Judge: MCGEE OGLE

First Paragraph:

The appellant, John Wesley Johnson, was indicted by the Gibson County
Grand Jury for one count of desecration of a venerated object, to wit:
a place of burial, a class A misdemeanor.  He was convicted by a jury,
sentenced to eleven months and twenty-nine days in the county jail,
placed on probation, and ordered to pay restitution in the amount of
$2,574.   The appellant, proceeding pro se, filed an untimely notice
of appeal.  This court, upon motion of the appellant, waived timely
filing of the appeal; accordingly, the appeal is properly before this
court.  On appeal, the appellant raises the following issues: (1)
"w[h]ether the trial court reviewed the record"; (2) "w[h]ether the
(State) conspira[cy] used their position to withhold facts in order to
receive a conviction"; (3) "w[h]ether the public officers used the
court to reach their gold"; and (4) "w[h]ether the trial court erred
in its review of the records and facts of law as to this case."  Upon
review of the record and the parties' briefs, we affirm the judgment
of the trial court.

http://www.tba.org/tba_files/TCCA/johnsonj1.wpd

WENDY McFADDEN v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

S. Jasper Taylor, IV, Bells, Tennessee, for the Appellant, Wendy
McFadden.

Paul G. Summers, Attorney General and Reporter; Gill Robert Geldreich,
Assistant Attorney General; Garry Brown, District Attorney General;
and Theodore H. Neumann, Assistant District Attorney General, for the
Appellee, State of Tennessee.                        

Judge: WEDEMEYER

First Paragraph:

The Defendant pled guilty to second degree murder, and the trial court
imposed an agreed sentence of fifteen years in the Department of
Correction.  The Defendant subsequently filed for post- conviction
relief, alleging that she did not enter a voluntary and knowing guilty
plea and alleging that she received ineffective assistance of counsel
in conjunction with her plea.  After an evidentiary hearing, the trial
court denied relief.  This appeal followed.  We affirm the judgment of
the trial court.

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

STATE OF TENNESSEE v. TIMOTHY D. McGLORY

Court:TCCA

Attorneys:

David P. Byrne, Nashville, Tennessee, for the Appellant, Timothy D.
McGlory.

Paul G. Summers, Attorney General & Reporter; Christine M. Lapps,
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:

The petitioner appeals the Davidson County Criminal Court's denial of
post-conviction relief.  Because the record supports the rejection of
the petitioner's claims that his guilty pleas to two counts of
aggravated robbery were unknowing and the result of ineffective
assistance of trial counsel, we affirm the denial of post-conviction
relief.

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

STATE OF TENNESSEE v. ANTHONY MURFF, aka ANTHONY MUFF

Court:TCCA

Attorneys:

Gary F. Antrican, District Public Defender, and Julie K. Pillow,
Assistant Public Defender, for the appellant, Anthony Murff.

Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; Elizabeth T. Rice, District Attorney
General; Tracey Anne Brewer, Assistant District Attorney General; and
James Walter Freeland, Jr., Assistant District Attorney General, for
the appellee, State of Tennessee.                       

Judge: GLENN

First Paragraph:

The defendant was convicted by a Lauderdale County Circuit Court jury
of especially aggravated robbery, a Class A felony, and sentenced by
the trial court as a Range III, persistent offender to sixty years, to
be served at 100%, in the Tennessee Department of Correction.  He
raises three issues on appeal: (1) whether the evidence was sufficient
to support his conviction; (2) whether the trial court erred in using
his prior Illinois convictions to classify him as a persistent
offender; and (3) whether the trial court erred in its application of
enhancement factors.  We conclude that the evidence was more than
sufficient to support the defendant's conviction, and that his prior
convictions in Illinois qualified him as a persistent offender.  We
further conclude that, although the trial court erred in applying
three enhancement factors, the remaining enhancement factors justify
the sixty-year sentence imposed in this case.  Accordingly, the
judgment of the trial court is affirmed.

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

ROBERT ANTHONY PAYNE v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Mike Anderson, Nashville, Tennessee, for the appellant, Robert Anthony
Payne.

Michael E. Moore, Solicitor General; David H. Findley, Assistant
Attorney General; Victor S. (Torry) Johnson, III, District Attorney
General; and Kymberly L. A. Haas, Assistant District Attorney General,
for the appellee, Robert Anthony Payne.

Judge: WILLIAMS

First Paragraph:

The petitioner appeals the post-conviction court's denial of his
petition for post-conviction relief.  He claims that counsel was
ineffective for failing to timely discover the existence of another
individual who was questioned regarding the aggravated assault and for
failing to interview or cross-examine the victim of the assault. 
After review, we affirm the judgment from the post- conviction court.

http://www.tba.org/tba_files/TCCA/paynera1.wpd

STATE OF TENNESSEE v. FREDRICK DEVILL RICE

Court:TCCA

Attorneys:     

Mike A. Little, Chattanooga, Tennessee, for the appellant, Fredrick
Devill Rice.

Paul G. Summers, Attorney General and Reporter; Angele M. Gregory,
Assistant Attorney General; William H. Cox, III, District Attorney
General; Christopher David Poole, Assistant District Attorney General;
and Barry A. Steelman, Assistant District Attorney General, for the
appellee, State of Tennessee.                     

Judge: TIPTON

First Paragraph:

The defendant, Fredrick Devill Rice, was convicted by a Hamilton
County Criminal Court jury of first degree premeditated murder and
first degree felony murder.  The trial court merged the two
convictions and sentenced the defendant to life imprisonment.  The
defendant appeals, claiming that (1) the evidence is insufficient to
support his merged convictions; (2) the trial court erred by admitting
a videotaped search of the defendant's residence into evidence; and
(3) the state argued outside of the record twice during closing
argument.  We affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. OLIVIA WASHBURN

Court:TCCA

Attorneys:

Mike Mosier, Jackson, Tennessee, for the appellant, Olivia Washburn.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; James G. Woodall, District Attorney
General; and Bill R. Martin, Assistant District Attorney General, for
the appellee, State of Tennessee.                     

Judge: GLENN

First Paragraph:

A Henderson County Circuit Court jury found the defendant, Olivia
Washburn, guilty of the sale and delivery of .5 grams or more of
cocaine, Class B felonies, and assessed two separate $25,000 fines. 
The trial court sentenced the defendant as a Range I, standard
offender, imposed an eight-year sentence to be served in the Tennessee
Department of Correction, and merged the fines so that the defendant
was  ordered to pay a total of $25,000.  On appeal, the defendant
argues that the trial court erred in concluding both that her
statement to law enforcement officers was voluntary and that the
evidence against her was sufficient, as well as in allowing into
evidence a videotape not produced to the defense.  These assignments
are without merit.  However, we conclude that the trial court erred in
admitting the defendant's statement without considering whether the
probative value of the numerous references to other drug offenses
outweighed their prejudicial effect.  The judgments of the trial court
are reversed, and the matter is remanded for a new trial.

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

Reward for Voting

Date: June 10, 2002

Opinion Number: 02-073                         

http://www.tba.org/tba_files/AG/2002/OP73.pdf

Interchange between General Sessions Judge 
and Chancellor by Private Act

Date: June 12, 2002

Opinion Number:  02-074                     

http://www.tba.org/tba_files/AG/2002/OP74.pdf

Authority of criminal court clerks and availability of records

Date: June 12, 2002

Opinion Number:  02-075                       

http://www.tba.org/tba_files/AG/2002/OP75.pdf

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