Opinion Flash

October 23, 2002
Volume 8 — Number 187

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
02 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
07 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


IN RE: AMENDMENT TO SUPREME COURT RULE 28, Section 9(D)

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/rule28_9_d_ord.wpd

IN RE: AMENDMENT TO RULE 14, RULES OF THE SUPREME COURT OF TENNESSEE

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/rule14_amd.wpd

STATE OF TENNESSEE v. RICHARD RUSSELL BRANDT

Court:TCCA

Attorneys:

Merrilyn Feirman, Nashville, Tennessee, and Andrew Jackson Dearing,
III, Assistant Public Defender, Shelbyville, Tennessee, for the
Appellant, Richard Russell Brandt.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; David H. Findley, Assistant Attorney General;
William Michael McCown, District Attorney General; and Michael
Randles, Assistant District Attorney General, for the Appellee, State
of Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Richard Russell Brandt, was convicted by a Bedford
County jury of voluntary manslaughter and received a fifteen-year
sentence, as a persistent offender.  On appeal, Brandt raises the
following issues for our review:  (1) whether the evidence was
sufficient to support the jury's verdict, and (2) whether his sentence
was proper.  After review, we find that Brandt's issues are without
merit.  Accordingly, the judgment of the Bedford County Circuit Court
is affirmed.

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

STATE OF TENNESSEE  v.  RANDALL VERTIS GRAINGER

Court:TCCA

Attorneys:

John H. Henderson, District Public Defender, Franklin, Tennessee, for
the appellant, Randall Vertis Grainger.

Paul G. Summers, Attorney General and Reporter; Helen Walton
Yarbrough, Assistant Attorney General; Ronald L. Davis, District
Attorney General; and Sharon E. Guffee, Assistant District Attorney
General, for the appellee, State of Tennessee.                         

Judge: WOODALL

First Paragraph:

Defendant appeals his conviction in the Williamson County Circuit
Court for one count of aggravated sexual battery.  Defendant raises
the following issues for our review: 1) whether the evidence was
sufficient to support his conviction; 2) whether the trial court erred
in failing to instruct the jury on attempted aggravated sexual
battery, sexual battery, attempted sexual battery, or attempted
assault; 3) whether the trial court erred in approving and adopting
the jury imposed fine of $10,000; and 4) whether the trial court erred
in imposing a ten-year sentence.  The judgment of the trial court is
affirmed.

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

STATE OF TENNESSEE v. KIM HICKERSON

Court:TCCA

Attorneys: 

Robert S. Peters, Winchester, Tennessee, for the appellant, Kim
Hickerson.

Paul G. Summers, Attorney General & Reporter; Gill Robert Geldreich,
Assistant Attorney General; Mickey Layne, District Attorney General;
and Stephen E. Weitzman, Assistant District Attorney General, for the
appellee, State of Tennessee.                         

Judge: SMITH

First Paragraph:

On December 15, 1997, a Coffee County jury convicted Appellant Kim
Hickerson of selling less than 0.5 grams of cocaine, a class C felony.
 After a sentencing hearing on January 23, 1998, the trial court
sentenced Appellant as a career offender to a term of fifteen years
imprisonment.  Appellant challenges both his conviction and his
sentence, raising the following issues: 1) whether the evidence was
sufficient to support his conviction; 2) whether the State established
a proper chain of custody for the cocaine that was introduced into
evidence; and 3) whether the Appellant was properly sentenced as a
career offender. After a review of the record, we affirm the judgment
of the trial court.

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

STATE OF TENNESSEE v. ANDRE MAYS and CORTEZ BENNETT

Court:TCCA

Attorneys:

Monte D. Watkins, Nashville, Tennessee, for the Appellant, Andre Mays;
Cynthia F. Burnes, Nashville, Tennessee, for the Appellant, Cortez
Bennett.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Peter M. Coughlan, Assistant Attorney General;
Victor S. (Torry) Johnson, III, District Attorney General; and Jon
Seaborg, Assistant District Attorney General, for the Appellee, State
of Tennessee.                        

Judge: HAYES

First Paragraph:

The Appellants, Andre Mays and Cortez Bennett, were convicted by a
Davidson County Jury of first degree murder, attempted first degree
murder, and two counts of especially aggravated robbery.  Mays and
Bennett were sentenced to life imprisonment plus fifty years.  On
appeal, Mays argues that the trial court erred in allowing a juror to
remain on the panel after reading a prejudicial newspaper article
during the trial.  Bennett  raises the following issues for review: 
(1) whether the trial court erred in not suppressing the photographic
line-up; (2) whether the evidence was sufficient to support the
verdicts; and (3) whether his sentence was proper.  After a review of
the record, the judgment of the trial court is affirmed.

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

STATE OF TENNESSEE v. TONY DEAN MORGAN

Court:TCCA

Attorneys:

George H. Waters, Assistant Public Defender, Maryville, Tennessee, for
the appellant, Tony Dean Morgan.

Paul G. Summers, Attorney General and Reporter; Braden H. Boucek,
Assistant Attorney General; Michael L. Flynn, District Attorney
General; Kirk E. Andrews and Edward P. Bailey, Jr., Assistant District
Attorneys General, for the appellee, State of Tennessee.                        

Judge: WEDEMEYER

First Paragraph:

The Defendant pled "no contest" to aggravated assault and assault. 
Pursuant to the plea agreement, the Defendant received concurrent
sentences of three years for the aggravated assault conviction and
eleven months and twenty-nine days for the assault conviction, for an
effective sentence of three years.  The manner of service of the
sentence was to be determined by the trial court.  Following a
sentencing hearing, the trial court ordered that the Defendant serve
his entire sentence in the Tennessee Department of Correction.  The
Defendant now appeals, arguing that the trial court erred by ordering
him to serve his sentence in confinement.  Finding no error, we affirm
the judgments of the trial court.

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

STATE OF TENNESSEE v. JAMES M. POWERS

Court:TCCA

Attorneys:

Charles Herman, Assistant Public Defender, Jacksboro, Tennessee, for
the appellant, James M. Powers.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; William Paul Phillips, District
Attorney General; and Michael O. Ripley, Assistant District Attorney
General, for the appellee, State of Tennessee.                         

Judge: WELLES

First Paragraph:

The Defendant, James M. Powers, appeals as of right from his
convictions by a jury of four counts of rape of a child, a Class A
felony.  After a sentencing hearing, the trial court imposed a
sentence of twenty years on each of the four counts and ordered that
three of the sentences run consecutively, for an effective sentence of
sixty years to be served in the Tennessee Department of Correction. 
The Defendant argues two issues on appeal: (1) that the evidence
presented at trial was insufficient to support his four convictions of
child rape, and (2) that the trial court erred by imposing consecutive
sentences.  We affirm the Defendant's convictions.  We reverse the
trial court's order that the sentences be served consecutively and
remand for the entry of an order reflecting concurrent sentences.

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

STATE OF TENNESSEE v. KEITH LERANSO WELLS

Court:TCCA

Attorneys:

Guy R. Dotson, Jr., Murfreesboro, Tennessee, for the appellant, Keith
Leranso Wells.

Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan,
Assistant Attorney General; and William C. Whitesell, Jr., District
Attorney General, for the appellee, State of Tennessee.                        

Judge: WELLES

First Paragraph:

The Defendant, Keith Leranso Wells, was indicted on four counts of
especially aggravated robbery, one count of aggravated robbery, and
one count of aggravated assault.  The Defendant pled guilty to two
counts of especially aggravated robbery; the remaining counts were
held in abeyance pending resolution of the charges against the
Defendant's co-defendants.  The Defendant  agreed that his sentencing
would be delayed until those charges were resolved.  Subsequent to
entry of the judgments of conviction against the Defendant, but prior
to his sentencing, the Defendant requested to withdraw his guilty
plea.  The trial court denied the Defendant's request and this appeal
followed.  We affirm the judgment of the trial court.

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

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