Opinion Flash

December 3, 2002
Volume 8 — Number 211

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
01 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


RHANDIE PARKER, et al. v. WANDA McDANIEL, et al.

Court:TCA

Attorneys: 

R. Jackson Rose, Harrogate, Tennessee, for the Appellants Rhandie and
Janice Parker, and Hershel D. Williams.

John T. Johnson, Knoxville, Tennessee, for the Appellee Wanda
McDaniel, Administratrix of the Estate of Shannon Welch.

Gregory F. Coleman and Michael A. Myers, Knoxville, Tennessee, for the
Appellee Curtis Mayford Brooks, Jr., Administrator of the Estate of
Stacy Ann Brooks.                         

Judge: SWINEY

First Paragraph:

Shannon Dale Welch ("Welch") and Stacy Ann Brooks ("Brooks") were the
only two occupants in an automobile traveling at a high rate of speed
when it collided with a vehicle driven by Rhandie Parker ("Parker"). 
Parker's brother-in-law, Hershel D. Williams ("Williams"), was a
passenger in his vehicle.  As a result of the accident, Parker claimed
$27,100 in property damage, medical expenses of $8,241.52, and
personal injuries.  Williams claimed medical expenses totaling
$9,545.38 and personal injuries.  Parker's wife, Janice Parker ("Ms.
Parker"), asserted a claim for loss of consortium.  A jury returned a
verdict against Welch in favor of Parker for $35,000, and awarded Ms.
Parker nothing.  Williams was awarded $29,000.  All three Plaintiffs
appeal with the primary issue being the adequacy of the verdict.  We
affirm.

http://www.tba.org/tba_files/TCA/parker2r.wpd

STATE OF TENNESSEE v. DAVID L. BAKER

Court:TCCA

Attorneys:  

David N. Brady, District Public Defender, and H. Marshall Judd,
Assistant Public Defender, for the appellant, David L. Baker.

Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan,
Assistant Attorney General; William E. Gibson, District Attorney
General; and Gary S. McKenzie, Assistant District Attorney General,
for the appellee, State of Tennessee.                         

Judge: GLENN

First Paragraph:

The defendant, David L. Baker, was convicted of driving under the
influence, fourth offense, and sentenced to eleven months, twenty-nine
days, with 210 days to be served in the county jail and the balance on
supervised probation.  He was ordered to pay a fine of $1100 and to
complete an alcohol education safety program, and his driver's license
was suspended for four years.  He timely appealed, presenting as the
single issue his claim that the evidence presented was insufficient to
support the verdict.  Following our review, we affirm the judgment of
conviction.

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

STATE OF TENNESSEE  v.  ANDRE D. KIMBROUGH

Court:TCCA

Attorneys:  

Edward S. Ryan, Nashville, Tennessee, for the appellant, Andre D.
Kimbrough.

Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; Victor S. Johnson, III,
District Attorney General; and Renee Erb, Assistant District Attorney
General, for the appellee, State of Tennessee.                        

Judge: WOODALL

First Paragraph:

Defendant, Andre Kimbrough, appeals his conviction in the Davidson
County Criminal Court for second degree murder.  Defendant argues that
the trial court erred by: 1) failing to act as a thirteenth juror; 2)
permitting the State to impeach the Defendant using prior bad acts
without giving proper notice to the Defendant; and 3) not applying
certain mitigating factors in sentencing Defendant.  We affirm the
judgment of the trial court.

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

STATE OF TENNESSEE v. JEROME F. SAWYERS

Court:TCCA

Attorneys: 

Justin Johnson, Nashville, Tennessee, for the appellant, Jerome F.
Sawyers.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Brian Holmgren, Assistant District Attorney General, for
the appellee, State of Tennessee.                         

Judge: GLENN

First Paragraph:

The defendant, Jerome F. Sawyers, pled guilty on July 16, 2001, to
possession of cocaine less than .5 grams for resale and  felony
possession of a firearm and was sentenced, respectively, to six years
and two years as a Range I, standard offender, with both sentences to
be served concurrently.  A violation of probation warrant was issued
on August 8, 2001, alleging that he had violated probation by being in
possession of a weapon and failing to report to his probation officer
as ordered. Following a hearing, the trial court revoked the
defendant's probation; and he timely appealed, arguing that the proof
was insufficient that he had violated the terms of his probation.  We
conclude that the evidence supports the revocation of probation.

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

STATE OF TENNESSEE v. JEFFREY DANA YORK

Court:TCCA

Attorneys: 

Merrilyn Feirman, Nashville, Tennessee (on appeal); Donna L. Hargrove,
District Public Defender (on appeal and at trial); and Andrew Jackson
Dearing, III, Assistant Public Defender (at trial), for the appellant,
Jeffrey Dana York.

Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; William Michael McCown,
District Attorney General; and Weakley E. Barnard, Assistant District
Attorney General, for the appellee, State of Tennessee.                         

Judge: GLENN

First Paragraph:

The defendant was charged with twenty-four separate counts including
one count of driving under the influence, nine counts of reckless
endangerment involving a deadly weapon, one count of reckless driving,
eight counts of aggravated assault, two counts of failure to give
notice of an accident, two counts of evading arrest creating a risk of
death, and one count of false imprisonment.  Eight of the reckless
endangerment and reckless driving counts merged with other charges. 
The defendant entered guilty pleas to the other sixteen counts.  After
a sentencing hearing, the trial court imposed an effective sentence of
thirty years and six months.  The defendant appealed the sentence as
excessive, arguing that the trial court erred in calculating his total
sentence.  After review of the record, we affirm the judgments of
conviction but remand for entry of corrected judgments.

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

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