Opinion FlashJuly 10, 2002Volume 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.
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Howard H. Vogel 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 PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi Home • Contact Us • PageFinder • What's New • Help |
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