Opinion Flash

August 20, 2002
Volume 8 — Number 145

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
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 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


BUSTER CHANDLER, JR. v. DON SUNDQUIST, et al.

Court:TCA

Attorneys:

Buster Chandler, Eddyville, Kentucky, Pro Se.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore,
Solicitor General; Dawn Jordan, Assistant Attorney General, for the
appellee, State of Tennessee.                    

Judge: CANTRELL

First Paragraph:

A Kentucky prisoner filed suit in a Tennessee court, claiming that he
was entitled to be pardoned so that he could stand trial for murder in
this state.  The trial court dismissed his complaint for failure to
state a claim for which relief can be granted.  We affirm.

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

CHRISTOPHER LYNN HOOVEN v. JOHNNIA SHANNON HOOVEN

Court:TCA

Attorneys:

W. Howell Forrester, Pulaski, Tennessee, for Appellant, Johnnia
Shannon Hooven.

M. Andrew Hoover, Pulaski, Tennessee, for Appellee, Christopher Lynn
Hooven.

Judge: FRANKS

First Paragraph:

The wife appeals from the Trial Court's placing primary custody of the
parties' minor children with the father.  We affirm.

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

GREGORY FULLER v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Gregory D. Smith, Clarksville, Tennessee, for the appellant, Gregory
Fuller.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Roger D. Moore, Assistant District Attorney General, for
the appellee, State of Tennessee.                        

Judge: TIPTON

First Paragraph:

The petitioner, Gregory Fuller, appeals from the Davidson County
Criminal Court's denial of his petition for post-conviction relief
from his felony cocaine possession conviction and resulting
fifteen-year sentence.  He contends that the trial court erred in
denying relief, claiming that (1) he received the ineffective
assistance of counsel and (2) the trial court erred in denying his
motion for a continuance.  We affirm the judgment of the trial court.

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

CLESSIE T. JACO, JR. v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

John S. Colley, III, Columbia, Tennessee, for the Appellant, Clessie
T. Jaco, Jr.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Kim R. Helper, Assistant Attorney General; T.
Michael Bottoms, District Attorney General; Larry Nickell, Jr.,
Assistant District Attorney General, for the Appellee, State of
Tennessee.                        

Judge: HAYES

First Paragraph:

The Appellant, Clessie T. Jaco, Jr., appeals the Maury County Circuit
Court's dismissal of his petition for post-conviction relief.  In
1997, Jaco pled guilty to two counts of attempted rape.  Following a
sentencing hearing, Jaco, a Range I Standard Offender, received two
consecutive six- year sentences to be served in the Department of
Correction.  On appeal, Jaco argues that his guilty plea was
involuntary because he was not informed that prior to release on
parole he would be required to undergo a mental health evaluation
pursuant to Tennessee Code Annotated S 40-35- 503(c) (1997).  After a
review of the record, we find no error.  Accordingly, the judgment of
the post-conviction court dismissing the petition is affirmed.

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

QUINTON G. STEWART v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Patrick T. McNally, Nashville, Tennessee, for the Appellant, Quinton
G. Stewart.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Kim R. Helper, Assistant Attorney General; William
C. Whitesell, Jr., District Attorney General, for the Appellee, State
of Tennessee.                      

Judge: HAYES

First Paragraph:

The Appellant, Quinton G. Stewart, appeals the Rutherford County
Circuit Court's summary dismissal of his petition for post-conviction
relief.  The post-conviction court found that Stewart's petition was
barred by the statute of limitations.   Stewart argues that his
petition was not time-barred because he was a minor and, thus,
"legally disabled" to exercise his rights under the post-conviction
statutes.  See Tenn. Code Ann. S 28-1-106 (2000).  After review, we
affirm the judgment of the post- conviction court dismissing the
petition.

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

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