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 |
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
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
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
Home • Contact Us • PageFinder • What's New • Help
