Opinion Flash

November 26, 2002
Volume 8 — Number 209

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):
04 New Opinion(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
15 New Opinion(s) from the Tennessee Court of Appeals
03 New Opinion(s) from the Tennessee Court of Criminal Appeals
06 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


STATE OF TENNESSEE v. KEITH GOODMAN
(Correction on page 1 of opinion originally filed Nov. 22, 2002.)

Court:TSC

Attorneys:

J. Thomas Marshall, Jr., Office of the Public Defender, Clinton,
Tennessee, for the appellant, Keith Goodman

Paul G. Summers, Attorney General & Reporter; Michael E. Moore,
Solicitor General; Elizabeth B. Marney, Assistant Attorney General;
James N. Ramsey, District Attorney General; and Jan Hicks, Assistant
District Attorney General, for the appellee, State of Tennessee.      
                   
Judge: DROWOTA

First Paragraph:

The threshold issue presented in this appeal is whether the Court of
Criminal Appeals erred in holding that the defendant's motion to
dismiss was not capable of pretrial determination under Tennessee Rule
of Criminal Procedure 12(b) because it requires a determination of the
general issue of the defendant's guilt or innocence.  In our view, the
defendant's motion presents a legal question - the proper
interpretation of a statute - and does not require a determination of
the defendant's guilt or innocence.  Having decided the threshold
issue, we also are of the opinion that the trial court correctly
interpreted the statute when it held that a parent is not subject to
prosecution for especially aggravated kidnapping under Tennessee Code
Annotated section 39- 13-305(a)(2) when the indictment fails to allege
that the minor child was removed or confined by force, threat, or
fraud. Therefore, the judgment of the Court of Criminal Appeals is
reversed.  The judgment of the trial court granting the defendant's
pretrial motion to dismiss count one of the indictment is reinstated.

http://www.tba.org/tba_files/TSC/goodmankcx.wpd
								
THOMAS EUGENE GRAHAM v. STATE OF TENNESSEE Court:TSC Attorneys: Daniel J. Ripper, Chattanooga, Tennessee, for the appellant, Thomas Eugene Graham. Michael E. Moore, Solicitor General, and Elizabeth B. Marney, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee. Judge: ANDERSON First Paragraph: We granted this appeal to determine whether the petitioner timely filed an application for permission to appeal. The trial court had denied his motion to reopen his previous petition for post-conviction relief in accordance with Tenn. Code Ann. S 40-30-217(c). The Court of Criminal Appeals ruled that the appeal was untimely because it was not filed within ten days of the date on which the trial court signed the order denying the motion to reopen. After reviewing the record, we hold that the appeal was timely because it was filed within ten days of the date the trial court's order denying the motion to reopen was filed with the clerk and that the petitioner substantially complied with the procedural requirements of Tenn. Code Ann. S 40-30-217(c). We further conclude, however, that the allegations in the petition itself are without merit; therefore, the judgment of the Court of Criminal Appeals is affirmed. http://www.tba.org/tba_files/TSC/grahamt.wpd
LINDA G. POPER, By Husband and Conservator, Thomas C. Poper v. JOSEPH E. ROLLINS, et al. Court:TSC Attorneys: Berry Cooper, Memphis, Tennessee, for the appellant, Thomas C. Poper. Nathan W. Kellum, Memphis, Tennessee, and R. Layne Holley, Memphis, Tennessee, for the appellee, Farmers Mutual Insurance Exchange. Judge: ANDERSON First Paragraph: We granted this appeal to determine whether the doctrine of comparative fault affects the application of Tenn. Code Ann. S 56-7-1201(d). The statute establishes that the limit of liability for an insurer providing uninsured motorist coverage is the amount of the insurance policy coverage less the sum of the limits collectible under all other liability and primary uninsured motorist insurance policies, bonds, and securities. The trial court found that the statute operates as a liability "cap" for uninsured motorist insurance coverage by offsetting the amounts of all other liability insurance limits collected with respect to the injury or death and that the doctrine of comparative fault does not affect the application of the statute. The Court of Appeals affirmed this finding, holding that the statute clearly limits the liability for uninsured motorist coverage by allowing the offsets described by the trial court. After reviewing the record and applicable authority, we hold that Tenn. Code. Ann. S 56-7- 1201(d) unambiguously allows an uninsured motorist insurance carrier to limit its liability by offsetting all other insurance payments, bonds, and securities applicable to the injury or death in question and that Tennessee's comparative fault doctrine does not affect the application of the statute. We therefore affirm the Court of Appeals' judgment. http://www.tba.org/tba_files/TSC/poperl.wpd
STATE OF TENNESSEE v. PAUL DENNIS REID, JR. Court:TSC Attorneys: Jeffrey A. DeVasher; C. Dawn Deaner, J; Michael Engle; and David Baker; Assistant Public Defenders, Nashville, Tennessee, for the Appellant, Paul Dennis Reid, Jr. Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Jennifer L. Smith, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; Kathy Morante, Tom Thurman, Roger Moore, Grady Moore, Assistant District Attorney Generals, for the Appellee, State of Tennessee. Judge: DROWOTA First Paragraph: In this capital case, the defendant, Paul Dennis Reid, Jr., was convicted of two counts of first degree murder and one count of especially aggravated robbery for killing two Captain D's employees and robbing one of the employees. As to each conviction of first degree murder, the jury found in the sentencing hearing that the State had proven three aggravating circumstances beyond a reasonable doubt - (1) that the defendant was previously convicted of one or more felonies, other than the present charge, the statutory elements of which involve the use of violence to the person; (2) that the murder was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or prosecution of the defendant or another; and (3) that the murder was knowingly committed, solicited, directed, or aided by the defendant while the defendant had a substantial role in committing or attempting to commit, or was fleeing after having a substantial role in committing or attempting to commit robbery. Tenn. Code Ann. S 39-13-204(i)(2), (6), and (7) (1997). Finding that these aggravating circumstances outweighed the mitigating circumstances beyond a reasonable doubt, the jury sentenced the defendant to death on each murder conviction. The trial court subsequently imposed a twenty-five-year sentence for the especially aggravated robbery conviction and ordered this sentence to be served consecutively to the two death sentences. On direct appeal to the Court of Criminal Appeals, the defendant mounted numerous challenges to both his convictions and sentences. After fully considering the defendant's claims, the Court of Criminal Appeals affirmed the trial court's judgment. Thereafter, the case was docketed in this Court. See Tenn. Code Ann. S 39-13-206(a)(1) (1997). After carefully and fully reviewing the record and the relevant authority, the defendant's convictions and sentences are affirmed. http://www.tba.org/tba_files/TSC/reidpd_opn.wpd
STATE OF TENNESSEE v. PAUL DENNIS REID, JR. Court:TSC BIRCH CONCURRING AND DISSENTING http://www.tba.org/tba_files/TSC/reidpd_condis.wpd
STATE OF TENNESSEE v. PAUL DENNIS REID, JR. Court:TSC APPENDIX http://www.tba.org/tba_files/TSC/reidpd_append.wpd
DONNA HARLOW v. RELIANCE NATIONAL, ET AL Court:TSC - Workers Comp Panel Attorneys: Jill A. Hanson, Nashville, Tennessee, for the appellants, Reliance National and All Pro Painting. Joseph D. Baugh, Franklin, Tennessee, for the appellee, Donna Harlow. Judge: WEATHERFORD First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with the Tennessee Code Annotated S 50-6- 225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Almost three years prior to his death from injuries sustained in a work accident, the employee and his ex-wife (the plaintiff), had taken part in a "remarriage" ceremony at a church but failed to obtain a marriage license. The trial court found that the plaintiff, was the "lawful wife" of the deceased worker and awarded death benefits. Additionally, upon motion by the plaintiff, the trial court commuted the award to lump sum. We reverse the trial court and remand for dismissal because we find that the plaintiff was not the surviving spouse of the deceased. http://www.tba.org/tba_files/TSC_WCP/harlowdonna.wpd
STANLEY MOORE v. PAYLESS CASHWAYS, INC., Et Al. Court:TSC - Workers Comp Panel Attorneys: Steve Taylor, Memphis, TN, for the Appellant, Stanley Moore. Lori D. Parrish, Memphis, TN, for the Appellees, Payless Cashways, Inc., et al. Judge: WALKER First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated S 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employee appeals the trial court dismissal of his claims by granting summary judgment in favor of employer, holding the action was barred by the statute of limitations. We reverse and remand. http://www.tba.org/tba_files/TSC_WCP/moores.wpd
CHARLES KENNETH BRANCH v. VIRGINIA LOUISE THOMPSON Court:TCA Attorneys: Virginia Louise Thompson, Nashville, Tennessee, Pro Se. Lisa Sherrill Richter, Springfield, Tennessee, for the appellee, Charles Kenneth Branch. Judge: CAIN First Paragraph: Virginia Louise Thompson appeals, pro se, the action of the Juvenile Court of Robertson County on May 2, 2001 that changed custody of her two pre-teenage girls from her to their Father, her former husband, Charles Kenneth Branch. We affirm the action of the trial court. http://www.tba.org/tba_files/TCA/branchck.wpd
PEGGY GASTON v. TENNESSEE FARMERS MUTUAL INSURANCE COMPANY Court:TCA Judge: GODDARD OPINION ON PETITION TO REHEAR http://www.tba.org/tba_files/TCA/gastonp_reh.wpd
TERRY GREEN, et al. v. GLEN TURNER, et al. Court:TCA Attorneys: Floyd W. Rhea, Sneedville, Tennessee, for the Appellants, Terry Green and Linnie Green Benjamin S. Pressnell, Tazewell, Tennessee, for the Appellees, Glen Turner and Michelle Turner Judge: GODDARD First Paragraph: This is a suit by the Plaintiffs Green against the Defendants Turner, asking the Court to determine the common boundary line between the parties' properties. The Trial Court found the evidence preponderated in favor of the Turners' position, resulting in this appeal by the Greens. We affirm. http://www.tba.org/tba_files/TCA/greenterry.wpd
MARY F. HALL, et al. v. MARY ROSE PIPPIN, et al. Court:TCA Attorneys: Mary Rose Pippin and Dale Delaney, Pro Se Chantal M. Eldridge, Cookeville, Tennessee, for the Appellees, Mary F. Hall and Don K. Hall Judge: GODDARD First Paragraph: The Defendants, Mary Rose Pippin and Dale Delaney appeal the Trial Court's dismissal of a Rule 60 motion, which attacked a previous determination by the Trial Court relative to their right to maintain a fence across a roadway over which the Plaintiffs, Mary F. Hall and Don K. Hall claim a private right-of-way. We affirm. http://www.tba.org/tba_files/TCA/hallmf1.wpd
LINDA SUE LONG HATHAWAY (BRANSTETTER), v. GLENN JEFFERIES HATHAWAY Court:TCA Attorneys: James H. Snyder, Jr., Alcoa, Tennessee, for Appellant, Glenn Jefferies Hathaway. Ronald J. Zuker, Knoxville, Tennessee, for Appellee, Linda Sue Long Hathaway (Branstetter). Judge: FRANKS First Paragraph: The Trial Court ordered father to pay daughter's tuition to a college of her choice, based upon a provision in the Marriage Dissolution Agreement. On appeal, we modify. http://www.tba.org/tba_files/TCA/hathawayl.wpd
CECELIA G. HUTCHESON v. ANDREW W. HUTCHESON Court:TCA Attorneys: Andrew W. Hutcheson, Demorest, Georgia, Pro Se. Mark Walker, Goodlettsville, Tennessee, for the appellee, Cecelia G. Hutcheson. Judge: CAIN First Paragraph: On August 18, 2000, Appellant was held to be in civil contempt of court for failure to pay alimony and failure to deliver property to his former wife in compliance with the previous divorce judgment in the case. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCA/hutchesoncg.wpd
IN RE: J. M. C. H. Court:TCA Attorneys: J. Reese Holley, Dickson, Tennessee, for the appellant, M. J. H. Nathan T. Brown, Dickson, Tennessee, for the appellee, G. R. C. Judge: COTTRELL First Paragraph: This case involves a Mother's appeal of a decision by the trial court to terminate her parental rights with regard to her daughter based on willful failure to support and/or visit the minor child during the four months preceding the filing of the petition. There was no transcript or statement of the evidence of the trial court proceedings. Because the lack of a transcript prevents us from determining whether clear and convincing evidence supported the termination and denies the Mother proper appellate consideration of her claims, we vacate the judgment of the trial court and remand. http://www.tba.org/tba_files/TCA/inrejmch.wpd
KRISHINA DENIA LEACH, et al. v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, et al. Court:TCA Attorneys: Lee Ofman, Franklin, Tennessee, for the appellee, Krishina Denia Leach. Terrance E. McNabb, Nashville, Tennessee, for appellee Richard Dale Moore. Judge: CANTRELL First Paragraph: This is a Tennessee Governmental Tort Liability Act case. A tow truck owned and operated by an employee of the Metropolitan Government of Nashville and Davidson County was traveling northwardly on Second Avenue South when it struck and killed Jacob Leach, age three, and seriously injured his mother, Krishina Leach. Jacob and his mother were walking southwardly on the sidewalk when Jacob broke free of his mother's restraint and darted into the path of the truck. The trial judge concluded that the driver of the tow truck was negligent because he "should have seen what was there to be seen." The judgment is reversed upon a finding that a motorist is under no duty to assume that an escorted child, in the restraint of an adult, will suddenly break free and run into traffic. http://www.tba.org/tba_files/TCA/leachkd.wpd
In re: ESTATE of MARGARET S. MURPHY Court:TCA Attorneys: Wade W. Massie and Tariq A. Zaidi, Bristol, Virginia, for the appellants, Woodrow Franklin and Maudie Franklin. Thomas A. Peters, Kingsport, Tennessee, for the appellees, Alice Clark and David Scruggs, co- executors of the Estate of Margaret S. Murphy, deceased. Judge: SUSANO First Paragraph: This is a claim against an estate. The claimants seek to recover on a $100,000 promissory note signed by the decedent as an accommodation maker. Following a bench trial at which the court, acting under the authority of the Dead Man's Statute, Tenn. Code Ann. S 24-1-203 (2001), sustained the estate's objection to testimony, the trial court ruled that the claim against the estate is barred by the applicable statute of limitations. We vacate the trial court's judgment and remand for further proceedings. http://www.tba.org/tba_files/TCA/murphyms.wpd
HARRISON M.X. PEARISON v. DONAL CAMPBELL, et al. Court:TCA Attorneys: Harrison M.X. Pearison, Mountain City, Tennessee, Pro Se. Paul G. Summers, Attorney General & Reporter; Arthur Crownover, II, Senior Counsel Civil Rights and Claims Division, for the appellee, Donal Campbell. Robert B. Littleton and David L. Johnson, Nashville, Tennessee, for the appellee, Cecil Jeter, Sheriff of Hardeman County. Tom Anderson, Jackson, Tennessee, for the appellees, Alan Bargery, and Corrections Corporation of America. Judge: CAIN First Paragraph: Harrison M.X. Pearison filed suit, pro se, in the Circuit Court of Davidson County against the Commissioner of the Tennessee Department of Corrections, the Executive Officer and Board of Directors of Corrections Corporation of America, Hardeman County Sheriff Cecil Jeter, Alan Bargery, Warden of Hardeman County Correctional Facility, and Dr. Leslie Shumake, seeking compensatory and punitive damages. The trial court sustained the Motion for Summary Judgment of Sheriff Jeter and Motions to Dismiss by all other Defendants. We affirm the actions of the trial court. http://www.tba.org/tba_files/TCA/pearisonh.wpd
STATE OF TENNESSEE ex rel. DOROTHY ELLEN PHILLIPS v. JAMES DANIEL PHILLIPS Court:TCA Attorneys: Janette Lay Taylor, Oneida, Tennessee, for the appellant, James Daniel Phillips. Paul G. Summers, Attorney General and Reporter, and Stuart F. Wilson-Patton and Warren Jasper, Assistant Attorneys General, Nashville, Tennessee, for the appellee, State of Tennessee ex rel. Dorothy Ellen Phillips. Judge: SUSANO First Paragraph: This is a post-divorce case involving child support issues. James Daniel Phillips ("Father") appeals the order below, in which the trial court held that it lacked the authority to reduce the child support arrearage due Father's former spouse, Dorothy Ellen Phillips ("Mother"). Father argued below that he had recently discovered that one of his "children" is not actually his biological child. He contends that this entitles him to the requested relief. Father further challenges the trial court's refusal to declare his 1990 divorce judgment invalid on the ground that it was not signed by Father who was then proceeding pro se. We affirm. http://www.tba.org/tba_files/TCA/phillipsde.wpd
DONNA LYNN SEALS v. LARRY CLYDE SEALS Court:TCA Attorneys: Selma Cash Paty, Chattanooga, Tennessee, for the Appellant, Larry Clyde Seals. John R. Meldorf, III, Hixson, Tennessee, for the Appellee, Donna Lynn Seals. Judge: SWINEY First Paragraph: Donna Lynn Seals ("Wife") and Larry Clyde Seals ("Husband") were divorced in 2001, after seventeen years of marriage. The parties have one minor child ("Child"). Wife was primarily a stay- at-home mother during the marriage. Husband is employed as a general superintendent by Williams Union Boiler. The Trial Court found Husband's earnings for 2001 to be $117,000 in regular wages plus $16,380 in per diem. The Trial Court awarded Wife the parties' home in Hamilton County as alimony in solido and further ordered Husband to pay rehabilitative alimony in the amount of $1,365 per month for forty-two consecutive months. The Trial Court also ordered Husband to pay $2,063 per month in child support, which is an upward deviation due to Husband's absence of overnight parenting time since December 2000. Husband filed a post-trial Tenn. R. Civ. P. 52.01 motion for findings of fact. The Trial Court addressed this motion and entered its Final Decree of Divorce in November 2001. Husband appeals. We affirm. http://www.tba.org/tba_files/TCA/sealsdl.wpd
IN RE: THE ESTATE OF MARTHA G. SPENCER, Deceased Court:TCA Attorneys: Robert O. Binkley, Sr., Lewisburg, Tennessee, for the Appellant, NHC Health Care Barbara G. Medley, Lewisburg, Tennessee, for the Appellee, The Estate of Martha G. Spencer Judge: GODDARD First Paragraph: The origin of this appeal was a claim made against the Estate of Martha G. Spencer, by NHC Health Care of Lewisburg, a skilled nursing home, for services rendered her in the amount of $25,934.54. After a plenary trial the Chancellor dismissed the claim upon finding that NHC was estopped from pursuing its claim because of representations made that Ms. Spencer's expenses were covered by Medicare. NHC appeals. We affirm. http://www.tba.org/tba_files/TCA/spencermg.wpd
MICHAEL WATKINS v. GREG FITZGERALD, et al. Court:TCA Attorneys: Michael C. Watkins, Madison, Tennessee, Pro Se. Kevin S. Key, Nashville, Tennessee, for the appellee, Greg Fitzgerald. Judge: CAIN First Paragraph: This case originated in the General Sessions Court of Davidson County wherein Greg Fitzgerald filed an unlawful detainer warrant against Michael Watkins relative to real property at 1127 Delmas Avenue in Nashville. Then, Michael Watkins filed an action against Fitzgerald for wrongfully evicting him from the same property. Mr. Watkins then filed a civil warrant against Constance Regina Wilson and Curtis Sharp, Jr. for breach of contract asserting an agreement between the parties relative to the same real estate. Judgments of the general sessions court were appealed to the circuit court, consolidated and heard in circuit to the end that circuit court judgments were rendered in favor of Fitzgerald, Wilson and Sharp, and against Michael Watkins. From these judgments Watkins appeals and we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCA/watkinsm.wpd
WILLIAM TERRY WYATT v. TENNESSEE BOARD OF PAROLES Court:TCA Attorneys: William Terry Wyatt, Pikeville, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Pamela S. Lorch, Assistant Attorney General, for the appellee, Tennessee Board of Paroles. Judge: KOCH First Paragraph: This appeal involves a dispute between a state prisoner and the Tennessee Board of Paroles over the Board's decision not to parole him in 1998. The Circuit Court for Davidson County dismissed the prisoner's petition for common-law writ of certiorari, and the prisoner perfected this appeal. While his appeal was pending, the prisoner was released from the Department of Correction after serving the two sentences for which he had been incarcerated. Accordingly, we have determined that this appeal is now moot because the prisoner has been released from custody. Therefore, we vacate the trial court's order and remand the case with directions to dismiss the prisoner's petition. http://www.tba.org/tba_files/TCA/wyattwt.wpd
LLOYD E. FERRELL and DEBRA L. FERRELL v. STATE OF TENNESSEE Court:TCCA Attorneys: Vance W. Dennis, Savannah, Tennessee, for the Appellant, Lloyd E. Ferrell; Julie Bhattacharya Peak, Nashville, Tennessee, and David W. Willis, Clarksville, Tennessee, for the Appellant, Debra L. Ferrell. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; P. Robin Dixon, Jr., Assistant Attorney General; G. Robert Radford, District Attorney General; and John W. Overton, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellants, Lloyd E. Ferrell and Debra L. Ferrell, appeal the denial of post-conviction relief by the Hardin County Circuit Court. On appeal, both contend that the post-conviction court erred by not finding ineffective assistance of counsel. In addition, Debra Ferrell asserts: (1) that she should be granted a new trial because the State failed to provide Brady/Bagley material: (2) that the post- conviction court erred by not making written findings of fact on each issue raised in the petition, and (3) that the cumulative effect of all errors at trial, in addition to counsel's ineffectiveness, deprived her of a meaningful defense. After review, we affirm the dismissal of the petitions. http://www.tba.org/tba_files/TCCA/ferrell.wpd
STATE OF TENNESSEE v. CARLA MOTEN Court:TCCA Attorneys: AC Wharton, Jr., Shelby County Public Defender; Tony N. Brayton, Assistant Public Defender; and Donna J. Armstard, Assistant Public Defender, Memphis, Tennessee, for the appellant, Carla Moten. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; William L. Gibbons, District Attorney General; Theresa McCusker, Assistant District Attorney General; and Lee Coffee, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant, Carla Moten, was indicted by the Shelby County Grand Jury for aggravated burglary and intentional aggravated assault. Defendant was convicted by a jury of the lesser-included offense of reckless aggravated assault. The jury also found Defendant guilty of aggravated criminal trespass as a lesser-included offense of aggravated burglary. Defendant was sentenced to two years for her reckless aggravated assault conviction and six months for her aggravated criminal trespass conviction, to be served concurrently. In her appeal as of right, Defendant argues that the evidence at trial was insufficient to support her conviction for reckless aggravated assault. We disagree, and affirm the judgment of the trial court regarding the conviction for reckless aggravated assault. However, we find plain error in the conviction for aggravated criminal trespass as a lesser-included offense of aggravated burglary and therefore reverse and dismiss the conviction for aggravated criminal trespass. http://www.tba.org/tba_files/TCCA/moten.wpd
STATE OF TENNESSEE v. DANIAL R. WILLCUTT Court:TCCA Attorneys: Guy T. Wilkinson, District Public Defender; and Richard Warren DeBerry, Assistant District Public Defender, for the appellant, Danial R. Willcutt. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; G. Robert Radford, District Attorney General; and John W. Overton, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: HAYES First Paragraph: A Hardin County jury convicted the defendant, Danial R. Willcutt, of aggravated sexual battery, a Class B felony. The defendant was sentenced as a Range I violent offender to twelve years in the Department of Correction. In this appeal as of right, the defendant raises the following issues: (1) whether the evidence was sufficient to support his conviction for aggravated sexual battery; and (2) whether his maximum Range I sentence is excessive. Upon review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/willcuttd_opn.wpd
STATE OF TENNESSEE v. DANIAL R. WILLCUTT Court:TCCA RILEY CONCURRING http://www.tba.org/tba_files/TCCA/willcuttd_con.wpd
Inapplicability of Contract Security Company Licensing Laws to Funeral Escort Services Date: November 15, 2002 Opinion Number: 02-123 http://www.tba.org/tba_files/AG/2002/OP123.pdf
Status of Dislocated Workers Under the New TennCare Waiver Date: November 18, 2002 Opinion Number: 02-124 http://www.tba.org/tba_files/AG/2002/OP124.pdf
Day-for-day service of sentence following probation revocation Date: November 25, 2002 Opinion Number: 02-125 http://www.tba.org/tba_files/AG/2002/OP125.pdf
Does Tenn. Code Ann. S 40-6-206 Prohibit Serving a 5-Year-Old Probation Violation Warrant Date: November 25, 2002 Opinion Number: 02-126 http://www.tba.org/tba_files/AG/2002/OP126.pdf
Application of 2002 Tenn. Pub. Acts Ch. 799 to HMOs, Regarding Utilization Review Agents Date: November 25, 2002 Opinion Number: 02-127 http://www.tba.org/tba_files/AG/2002/OP127.pdf
Conflict of Interest Under the County Management Financial System of 1981 Date: November 25, 2002 Opinion Number: 02-128 http://www.tba.org/tba_files/AG/2002/OP128.pdf

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