Opinion Flash

November 13, 2002
Volume 8 — Number 200

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
00 New Opinion(s) from the Tennessee Court of Appeals
06 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

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version.
Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.

Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


CONNIE LEE ARNOLD v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Connie Lee Arnold, Only, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; Joe C. Crumley, Jr., District Attorney
General; and Kenneth C. Baldwin, Assistant District Attorney General,
for the appellee, State of Tennessee.                      

Judge: GLENN

First Paragraph:

The petitioner was convicted of child rape and especially aggravated
exploitation of a minor and sentenced to consecutive sentences of
twenty-five years and twelve years, respectively.  Following the
affirmance of his convictions and sentences on direct appeal, he filed
a pro se petition for post- conviction relief.  Concluding that the
claims consisted of conclusory allegations without necessary
supporting facts, the post-conviction court dismissed the petition
without affording the petitioner the opportunity to amend the
petition.  The petitioner timely appealed.  Following our review, we
affirm the dismissal of the petition.

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

CONNIE LEE ARNOLD v. STATE OF TENNESSEE

Court:TCCA

TIPTON DISSENTING

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

STATE OF TENNESSEE v. JOHN BRIGGS

Court:TCCA

Attorneys:

R. Wayne Culbertson, Kingsport, Tennessee, for the appellant, John
Briggs.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and Joseph Eugene Perrin, Assistant District Attorney
General, for the appellee, State of Tennessee.                        

Judge: MCGEE OGLE

First Paragraph:

The appellant, John Briggs, a pharmacist, pled guilty in the Sullivan
County Criminal Court to sixteen counts of unlawfully dispensing a
controlled substance.  The trial court sentenced the appellant to a
total effective sentence of twenty years incarceration in the
Tennessee Department of Correction, with all but eight years to be
served on probation.  On appeal, the appellant argues that the trial
court erred in denying full probation.  Upon review of the record and
the parties' briefs, we affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. HOWARD DUTY, JR.

Court:TCCA

Attorneys:

Stephen M. Wallace, District Public Defender, and Terry L. Jordan,
Assistant Public Defender, for the appellant, Howard Duty, Jr.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and B. Todd Martin, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

A Sullivan County Criminal Court jury convicted the defendant, Howard
Duty, Jr., of stalking, a Class A misdemeanor, and the trial court
sentenced him to eleven months, twenty-nine days at seventy-five
percent and imposed a one thousand dollar fine.  The defendant
appeals, claiming (1) that the evidence is insufficient to support his
conviction, (2) that his sentence is excessive, and (3) that he should
have received an alternative sentence.  We affirm the judgment of the
trial court.

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

SHAUN LAMONT HEREFORD v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Shaun Hereford, Appellant, Pro Se.

Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger,
Assistant Attorney General; William H. Cox, III, District Attorney
General; and Rodney Strong, Assistant District Attorney General, for
the Appellee, State of Tennessee.                         

Judge: WITT

First Paragraph:

The petitioner, Shaun Lamont Hereford, appeals the Hamilton County
Criminal Court's dismissal of his petition for post-conviction relief,
in which he alleged void convictions, misrepresentation by his trial
attorney, and that he was entitled to DNA analysis of physical
evidence.  Discerning no error in the trial court's dismissal of the
petition without an evidentiary hearing, we affirm.

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

STATE OF TENNESSEE v. KENNETH R. LAWS

Court:TCCA

Attorneys:

Ivan M. Lilly, Assistant District Public Defender, Johnson City,
Tennessee, for the appellant, Kenneth R. Laws.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; Joe C. Crumley, Jr., District Attorney
General; and Steve Finney, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Defendant was charged with aggravated child abuse, a Class A
felony.  Pursuant to a plea agreement, the Defendant entered a "best
interest" plea to abuse of a child under six years of age, a Class D
felony, and the trial court sentenced the Defendant to a three-year
term with the manner of service of the sentence to be determined
following a sentencing hearing.  Following a hearing, the trial court
ordered the Defendant to serve the three-year sentence in the
Tennessee Department of Correction.  The Defendant now appeals,
arguing that the trial court abused its discretion in denying judicial
diversion and erred in denying alternative sentencing.  We conclude
that the record supports the trial court's denial of judicial
diversion and alternative sentencing.  Therefore, we affirm the
judgment of the trial court.

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

DAVID LUNSFORD v. STATE OF TENNESSEE

Court:TCCA

Attorneys:  

R. Joshua McKee, Athens, Tennessee, for the appellant, David Lunsford.

Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan,
Assistant Attorney General; Jerry N. Estes, District Attorney General;
and Charles W. Pope, Jr., Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

The petitioner appeals the denial of his post-conviction relief
petition, arguing his trial counsel was ineffective for failing to
locate an alibi witness for his aggravated burglary trial.  We affirm
the judgment of the post-conviction court, which found trial counsel
made reasonable efforts to locate the potential witness, and the
petitioner was not prejudiced by the inability to present the
witness's testimony at trial.

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

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi


HomeContact UsPageFinderWhat's NewHelp
© Copyright 2002 Tennessee Bar Association