Opinion Flash

November 4, 2002
Volume 8 — Number 195

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
00 New Opinion(s) from the Tennessee Court of Appeals
04 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_1104.wpd

STATE OF TENNESSEE v. TYLER WARD ENIX

Court:TCCA

Attorneys:

Raymond Mack Garner, District Public Defender, for the appellant,
Tyler Ward Enix.

Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan,
Assistant Attorney General; Michael L. Flynn, District Attorney
General; and Ellen Lee Berez, Assistant District Attorney General, for
the appellee, State of Tennessee.                        

Judge: TIPTON

First Paragraph:

The defendant, Tyler Ward Enix, appeals from the Blount County Circuit
Court's revoking his probation that was ordered for his sentences for
harassing and stalking his estranged wife.  The defendant contends
that although he violated his probation, the trial court erred in
sentencing him to confinement.  We affirm the judgment of the trial
court.

http://www.tba.org/tba_files/TCCA/enixtylerward2.wpd

STATE OF TENNESSEE v. KELVIN HOOKS

Court:TCCA

Attorneys:

Marty B. McAfee, Memphis, Tennessee, for the appellant, Kelvin Hooks.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Glen C. Baity and Katrina Earley, Assistant District
Attorneys General, for the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

A Shelby County jury convicted the defendant, Kelvin Hooks, of second
degree murder and felony murder.  The trial court merged the two
convictions and sentenced the defendant to life on the felony murder
conviction.  In this appeal as of right, the defendant raises the
following issues: (1) whether the evidence was sufficient to support
the convictions for second degree murder and felony murder; (2)
whether the state improperly questioned the defendant regarding his
alibi after he withdrew a Notice of Alibi; and (3) whether the trial
court erred in refusing to instruct the jury on self-defense.  After
reviewing the record, we affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. ARTHUR R. SIMPSON

Court:TCCA

Attorneys:

A.C. Wharton, Jr., Shelby County Public Defender; Garland Erguden,
Assistant Public Defender; and Karen Massey, Assistant Public
Defender, Memphis, Tennessee, for the appellant, Arthur R. Simpson.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Camille McMullen, Assistant District Attorney General,
for the appellee, State of Tennessee.                        

Judge: WOODALL

First Paragraph:

Defendant, Arthur R. Simpson, was indicted for the offense of
aggravated assault, allegedly committed by causing the victim to
reasonably fear imminent bodily injury by the use of a deadly weapon,
to wit: a handgun.  At the conclusion of a jury trial, the trial court
charged the jury with aggravated assault, as alleged, and also charged
the jury as to lesser-included offenses of felony reckless
endangerment and misdemeanor assault.  The jury found Defendant guilty
of felony reckless endangerment.  He was sentenced to serve one year
in the workhouse, which was suspended and he was placed on probation. 
Defendant appeals, with his sole issue being that the evidence is
insufficient to sustain the conviction of felony reckless
endangerment.  While we find that the evidence presented would be
sufficient to support a conviction for felony reckless endangerment,
if that offense had been charged, we hold that under the supreme
court's decision of State v. Moore, 77 S.W.3d 132 (Tenn. 2002), felony
reckless endangerment is not a lesser-included offense of aggravated
assault as charged in the indictment.  Therefore, the conviction must
be reversed and this case remanded for a new trial on the charge of
misdemeanor assault.

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

MARKUS LAMONT WILLOUGHBY v. STATE OF TENNESSEE 

Court:TCCA

Attorneys:

Ramsdale O'DeNeal, Jr., Jackson, Tennessee, for the appellant, Markus
Lamont Willoughby.

Paul G. Summers, Attorney General and Reporter; Braden H. Boucek,
Assistant Attorney General; James G. (Jerry) Woodall, District
Attorney General; and Alfred Lynn Earls, Assistant District Attorney
General, for the appellee, State of Tennessee.                       

Judge: RILEY

First Paragraph:

The petitioner appeals the trial court's denial of post-conviction
relief.  He argues trial counsel's failure to investigate and present
an alibi defense deprived him of the effective assistance of counsel
at his original trial.  We find no merit to his argument and affirm
the judgment of the trial court.

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

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