Opinion Flash

August 12, 2002
Volume 8 — Number 139

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


SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0812.wpd

CHARLES W. SALSMAN and CHARLES M. DUKE, JR.
v. 
TEXCOR INDUSTRIES, INC., IRBY C. SIMPKINS, JR., WESLEY G. GRACE, JAMES
A MASSEY, and BROWNLEE O. CURREY, JR.

Court:TCA

Attorneys: 

John S. Golwen and Ashley S. Old, Memphis, Tennessee for the
Appellants, Charles W. Salsman and Charles M. Duke, Jr.

Steven C. Douse, Nashville, Tennessee and Lee S. Saunders, Somerville,
Tennessee for the Appellees, Texcor Industries, Inc., Irby C.
Simpkins, Jr., Wesley G. Grace, James A. Massey, and Brownlee O.
Currey, Jr.

Judge: LILLARD

First Paragraph:

This appeal arises out of a petition filed in Tennessee to enroll a
Texas judgment.  In this case, the plaintiffs filed a petition to
enroll the foreign judgment.  While this was pending, the defendants
filed  a motion for leave to amend their answer to assert a
counterclaim.  Three days later, before the trial court had ruled on
the motion to amend, the plaintiffs filed a notice of voluntary
dismissal, including a proposed order stating that no counterclaim had
been pled.  The trial court entered the proposed order.  Subsequently,
in response to the defendants' motion, the trial court vacated its
earlier order of dismissal and granted the defendants' motion to amend
to assert the counterclaim. In this interlocutory appeal, we affirm,
holding under Rule 41.01(1) of the Tennessee Rules of Civil Procedure
that the proposed counterclaim attached to the motion to amend is
considered a "pleaded" counterclaim, thereby permitting the defendants
to elect to proceed on the counterclaim despite the plaintiffs' notice
of voluntary dismissal.

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

STATE OF TENNESSEE v. JAMES STACEY CARROLL

Court:TCCA

Attorneys: 

Benjamin S. Dempsey, Huntington, Tennessee, for the Appellant, James
Stacey Carroll.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; John H. Bledsoe, Assistant Attorney General; G.
Robert Radford, District Attorney General; and Eleanor Cahill,
Assistant District Attorney General, for the Appellee, State of
Tennessee.                         

Judge: HAYES
 
First Paragraph:

The Appellant, James Stacey Carroll, was convicted by a Carroll County
jury of  the following offenses: (1) violation of the Motor Vehicle
Habitual Offenders Act; (2) driving under the influence of an
intoxicant, sixth offense; and (3) driving on a revoked license.  The
trial court sentenced Carroll, as a multiple offender, to four years
in the Department of Correction for the habitual offender conviction
and to eleven months, twenty-nine days for the DUI conviction.   On
appeal, Carroll raises the following issues for our review: (1)
whether the evidence presented at trial was sufficient to support
Carroll's convictions for driving while a motor vehicle habitual
offender and for driving under the influence of an intoxicant; (2)
whether the statutory provisions of Tennessee Code Annotated SS
55-10-613, -615, -616 of the Motor Vehicle Habitual Offenders Act are
unconstitutional; (3) whether the trial court erred by admitting the
results of Carroll's blood alcohol test into evidence; (4) whether the
trial court erred by allowing Deputy Verner to testify about Carroll's
verbal consent to a blood alcohol test; and (5) whether the trial
court's scheduling order violated Carroll's procedural and substantive
due process rights.  After review, we find no error and affirm the
judgment of the trial court.

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

RUSSELL EPPERSON v. STATE OF TENNESSEE

Court:TCCA

Attorneys: 

Danny R. Ellis, Jackson, Tennessee, for the appellant, Russell
Epperson.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; James G. Woodall, District Attorney
General; and Alfred L. Earls, Assistant District Attorney General, for
the appellee, State of Tennessee.                         

Judge: GLENN

First Paragraph:

The petitioner appeals the denial of his petition for post-conviction
relief from his convictions for facilitation of aggravated rape,
facilitation of especially aggravated kidnapping, facilitation of
especially aggravated robbery, and aggravated burglary, raising three
claims: (1) that he was denied the effective assistance of trial
counsel; (2) that his guilty plea was involuntary; and (3) that the
indictment was fatally defective.  We affirm the post-conviction
court's denial of the petition.

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

STATE OF TENNESSEE v. LUIS ANTHONY RAMON
WITH DISSENTING OPINION

Court:TCCA

Attorneys:                          

W. Jeffery Fagan, Assistant District Public Defender, Camden,
Tennessee, for the Appellant, Luis Anthony Ramon.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; G. Robert Radford, District Attorney
General; and Steven L. Garrett, Assistant District Attorney General,
for the Appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Henry County Grand Jury indicted the fifteen-year-old Defendant
for first degree murder.  The Defendant was tried as an adult and
convicted of the charged offense.  The trial court sentenced the
Defendant to life imprisonment.  The Defendant now appeals, arguing
that his insanity defense was established by clear and convincing
evidence.  After a thorough review of the record, we reverse the
judgment of conviction, modify the judgment to "Not Guilty by Reason
of Insanity," and remand for further proceedings pursuant to Tennessee
Code Annotated S 33-7-303.

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

DISSENTING OPINION
http://www.tba.org/tba_files/TCCA/ramonla_dis.wpd						

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