Opinion Flash

July 10, 2002
Volume 8 — Number 117

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):
 
01 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
00 New Opinion(s) from the Tennessee Court of Appeals
05 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


BELLSOUTH ADVERTISING & PUBLISHING CORPORATION v. TENNESSEE REGULATORY
AUTHORITY

AND

BELLSOUTH ADVERTISING & PUBLISHING CORPORATION v. NEXTLINK TENNESSEE

Court:TSC

Attorneys:  

J. Richard Collier and Julie M. Woodruff, Nashville, Tennessee, for
the appellant, Tennessee Regulatory Authority.

Henry Walker, Nashville, Tennessee, for the appellants, AT&T
Communications of South Central States, Inc., MCI Worldcom Network
Services, Inc., and XO Tennessee, Inc.

Paul S. Davidson and Guilford F. Thornton, Jr., Nashville, Tennessee,
Daniel J. Thompson, Jr., Tucker, Georgia, and James F. Bogan, III,
Atlanta, Georgia, for the appellee, BellSouth Advertising & Publishing
Corporation.                        

Judge: BIRCH

First Paragraph:

This consolidated appeal presents two very important issues.  They
are:  (1) whether the Tennessee Regulatory Authority has the authority
to require that the names and logos of local telephone service
providers who compete with BellSouth Telecommunications, Inc. be
included on the cover of white pages telephone directories published
by BellSouth Advertising & Publishing Corporation on behalf of
BellSouth Telecommunications, Inc.; and (2) whether the Tennessee
Regulatory Authority's decisions in these consolidated cases violate
the First Amendment of the Constitution of the United States.  For the
reasons discussed herein, we hold that the Tennessee Regulatory
Authority is authorized to require that the names and logos of
competing local telephone service providers be included on the covers
of the white pages telephone directories published on behalf of
BellSouth Telecommunications, Inc., and that the Tennessee Regulatory
Authority's decisions in these two cases do not violate the First
Amendment.  Accordingly, we reverse the judgment of the Court of
Appeals in this consolidated appeal and reinstate the judgments of the
Tennessee Regulatory Authority.

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

STATE OF TENNESSEE v. SAMUEL W. DOWDY

Court:TCCA

Attorneys:

Thomas J. Smith, Assistant Public Defender, Gallatin, Tennessee, for
the Appellant, Samuel W. Dowdy.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Lawrence Ray Whitley, District Attorney
General; and Sallie Wade Brown, Assistant District Attorney General,
for the Appellee, State of Tennessee.                        

Judge: WEDEMEYER

First Paragraph:

The Defendant pled guilty to attempt to commit aggravated sexual
battery and received a three-year suspended sentence.  Approximately
nine months later, a probation violation warrant was issued against
the Defendant, alleging that the Defendant had violated his probated
sentence by failing to report and by failing to attend a sexual
perpetrators program.  Following a hearing, the trial court revoked
the Defendant's probation and ordered him to serve his sentence.  This
appeal followed.  Following a review of the record, we affirm the
judgment of the trial court.

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

JAMES LAWRENCE FEENIN v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Dwight E. Scott, Nashville, Tennessee, for the Appellant, James
Lawrence Feenin.

Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; Victor S. Johnson, III,
District Attorney General; and Brian Holmgren, Assistant District
Attorney General, for the Appellee, State of Tennessee.                      

Judge: WEDEMEYER

First Paragraph:

The Petitioner pleaded guilty to one count each of especially
aggravated kidnapping and aggravated rape.  The trial court sentenced
the Petitioner to nineteen years incarceration on each count, to be
served concurrently.  The Petitioner subsequently filed a petition for
post-conviction relief, alleging that he received ineffective
assistance of counsel and that his guilty pleas were not entered
knowingly and voluntarily.  The post-conviction court denied relief,
and the Petitioner now appeals.  Concluding that the Petitioner
received effective assistance of counsel and that the Petitioner
entered his guilty pleas voluntarily, knowingly, and intelligently, we
affirm the judgment of the post- conviction court.

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

STATE OF TENNESSEE v. SHANNON WADE JACOBS

Court:TCCA

Attorneys:

Keith R. Peterson, Pulaski, Tennessee, for the appellant, Shannon Wade
Jacobs.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General;  T. Michel Bottoms, District Attorney
General; Richard H. Dunavant and Patrick S. Butler, Assistant District
Attorneys General, for the appellee, State of Tennessee.                       

Judge: WILLIAMS

First Paragraph:

Defendant was convicted of second degree murder, a Class A felony.  On
appeal, defendant contends that the trial court improperly excluded
defendant's medical records and improperly sentenced defendant.  We
affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. TIMOTHY TYRONE SANDERS

Court:TCCA

Attorneys:

Keith R. Peterson, Pulaski, Tennessee, for the appellant, Shannon Wade
Jacobs.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General;  T. Michel Bottoms, District Attorney
General; Richard H. Dunavant and Patrick S. Butler, Assistant District
Attorneys General, for the appellee, State of Tennessee.                        

Judge: MCGEE OGLE

First Paragraph:

The appellant, Timothy Tyrone Sanders, was convicted in the Bedford
County Circuit Court of one count of possession of .5 grams or more of
cocaine with intent to sell.  On direct appeal, this court reversed
the appellant's conviction because the trial court failed to properly
charge the jury on the lesser-included offense of simple possession,
and we remanded the case for retrial.  State v. Timothy Tyrone
Sanders, No. M2000-00603-CCA-R3-CD, 2001 Tenn. Crim. App. LEXIS 38, at
**13-14 (Nashville, January 18, 2001).  Subsequently, the appellant
was once again convicted of possession of cocaine with intent to sell.
 The trial court sentenced the appellant as a Range II offender to
seventeen years and six months incarceration in the Tennessee
Department of Correction.  In the instant appeal, the appellant raises
the following issues: (1) whether the evidence is sufficient to
sustain his conviction, and (2) whether the trial court erred in
determining the length of his sentence.  Upon review of the record and
the parties' briefs, we affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/sanderstt1.wpd

STATE OF TENNESSEE v. CHRISTOPHER RAY SMITH

Court:TCCA

Attorneys:

F. Shayne Brasfield, Franklin, Tennessee, for the Appellant,
Christopher Ray Smith.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Renee W. Turner, Assistant Attorney General; Ronald
L. Davis, District Attorney General; and Mark K. Harvey, Assistant
District Attorney General, for the Appellee, State of Tennessee.                        

Judge: HAYES

First Paragraph:

The Appellant, Christopher Ray Smith, entered "best-interest" pleas of
guilty to one count of aggravated rape and one count of aggravated
robbery.  Following a sentencing hearing, Smith was sentenced to
consecutive terms of twenty-five years for aggravated rape and twelve
years for aggravated robbery.  Additionally, the trial court ordered
this effective thirty-seven year sentence to be served consecutively
to outstanding aggravated robbery and theft convictions from Humphreys
and Dickson Counties.  On appeal, Smith contends the trial court erred
in (1) imposing consecutive sentences for his aggravated rape and
aggravated robbery convictions and (2) ordering that his Williamson
County sentences be served consecutively to his Humphreys County and
Dickson County sentences.  Finding no error, the judgment of the
Williamson County Circuit Court is affirmed.

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

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