Opinion Flash

October 15, 2002
Volume 8 — Number 181

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
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

JULIA WILKES, et al. v. FRED'S, INC. d/b/a FRED'S SUPER STORE, et al.

Court:TCA

Attorneys:

Ron W. McAfee, Memphis, Tennessee, for the appellants, Julia Wilkes
and John Wilkes.

Stephen P. Miller and Evan Nahmias, Memphis, Tennessee, for the
appellee, Fred's, Inc. d/b/a Fred's Super Store.                         

Judge: FARMER

First Paragraph:

Plaintiff slipped and fell on liquid laundry detergent which had
spilled in the customer service area in Defendant's store.  The jury
returned a verdict in favor of the Defendant.  We affirm.

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

STATE OF TENNESSEE v. ROY L. DENTON

Court:TCCA

Attorneys:  

Roy L. Denton, Graysville, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General;  J. Michael Taylor, District Attorney
General; and Will Dunn, Assistant District Attorney General, for the
appellee, State of Tennessee.                        

Judge: WELLES

First Paragraph:

The Defendant, Roy L. Denton, was convicted by a jury of DUI and
public intoxication.  The Defendant now appeals as of right, raising
the following issues:  whether the trial court should have dismissed
the indictment; whether the trial court should have stayed the
proceedings; whether the trial court should have suppressed evidence;
whether the trial court erred in refusing to admit certain evidence
proffered by the Defendant; whether the evidence is sufficient to
sustain the Defendant's conviction of DUI; whether the prosecutor
engaged in misconduct during trial; whether the trial court should
have granted the Defendant's motions for mistrial and/or new trial;
whether the Defendant received ineffective assistance of counsel; and
whether the trial court erred with respect to advising the Defendant
about his right to appeal.  We affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. NELSON KEITH FOSTER

Court:TCCA

Attorneys:

Mark Toohey, Kingsport, Tennessee, for the appellant, Nelson Keith
Foster.

Paul Summers, Attorney General and Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; Greeley Wells, District Attorney General;
and Joseph E. Perrin, Assistant District Attorney General, for the
appellee, State of Tennessee.                        

Judge: WELLES

First Paragraph:

The Defendant, Nelson Keith Foster, pled guilty to and was convicted
of violating a motor vehicle habitual offender order.  The Defendant
was subsequently sentenced to three years, to be served on probation. 
The Defendant appealed to this Court from the trial court's denial of
his motion to withdraw his guilty plea.  See State v. Nelson Keith
Foster, No. E2001-01259-CCA-R3-CD, 2002 Tenn. Crim. App. LEXIS 172
(Knoxville, Mar. 7, 2002).  Pending the Defendant's appeal, he twice
violated the terms of his probation.  Still pending the outcome of the
Defendant's appeal, the trial court revoked the Defendant's probation.
 The Defendant now appeals the trial court's revocation of his
probation. We reverse the trial court's order revoking the Defendant's
probation and remand this matter for further proceedings.

http://www.tba.org/tba_files/TCCA/fosternk1.wpd

JAMES E. SWIGGETT v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

James E. Swiggett, Mountain City, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Braden H. Boucek,
Assistant Attorney General; and C. Berkeley Bell, District Attorney
General, for the appellee, State of Tennessee.                       

Judge: WELLES

First Paragraph:

The Defendant, James E. Swiggett, was convicted by a jury in 1992 of
first degree premeditated murder.  His conviction was affirmed on
direct appeal.  See State v. James Swiggett, No. 03C01- 9209-CR-00312,
1994 Tenn. Crim. App. LEXIS 766 (Knoxville, Nov. 23, 1994), perm.
appeal den. (Tenn. 1995).  The Defendant subsequently filed for
post-conviction relief, which petition was denied by the trial court
as barred by the statute of limitations.  This ruling was affirmed on
direct appeal.  See James E. Swiggett v. State, No.
03C01-9804-CR-00161, 1999 Tenn. Crim. App. LEXIS 422 (Knoxville, May
4, 1999), perm. appeal den. (Tenn. 1999).  The Defendant then filed
the instant petition for post-conviction relief, claiming grounds for
tolling the statute of limitations.  The trial court summarily
dismissed the instant petition on the grounds that a prior petition
had already been filed.  This appeal followed.  We affirm the judgment
of the trial court.

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

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