Opinion Flash

December 13, 2002
Volume 8 — Number 219

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


ELIJAH HANSEN, by next friends and parents, ALBERT JOSEPH HANSEN and
CHEJA HANSEN v. STEVEN W. BULTMAN, et al.

Court:TCA

Attorneys:      

David C. Lee, Knoxville, Tennessee, for the appellant, Albert Joseph
Hansen, individually, and as parent of Elijah Hansen, a minor.

Paul E. Dunn and Steve Erderly, IV, Knoxville, Tennessee, for the
appellee, Margaret Cranford.

Brian H. Trammell, Knoxville, Tennessee, for the appellee, Max Goins.       

Judge: SUSANO

First Paragraph:

In this jury case, the trial court remitted to $200,000 the jury's
award of $350,000 to Albert Joseph Hansen ("Father").  The trial
court's action was based upon its determination that Father had only
sued for $200,000.  Father appeals, contending that the trial court
erred in remitting the jury's award.  We affirm.

http://www.tba.org/tba_files/TCA/hansene.wpd
								
STATE OF TENNESSEE v. TINA CUNNINGHAM Court:TCCA Attorneys: Mack Garner, District Public Defender, for the appellant, Tina Cunningham. Paul G. Summers, Attorney General & Reporter; Braden H. Boucek, Assistant Attorney General; and Tammy Harrington, Assistant District Attorney General, for the appellee, the State of Tennessee. Judge: WADE First Paragraph: The defendant, Tina Cunningham, was convicted of two counts of introduction of contraband into a penal facility. The trial court imposed a six-year sentence and granted immediate probation. Later, the trial court extended the original six-year sentence by two years when the defendant was convicted of two counts of forgery, but permitted the defendant to remain on probation. The trial court imposed an effective sentence of four years for the forgery convictions, to be served on probation and consecutively to the sentence for introduction of contraband into a penal facility. At some point, the trial court ordered the defendant to complete a drug program. When she failed to do so, the trial court revoked the defendant's probation and ordered her to serve the balance of her sentence in a community corrections program. When the defendant failed to comply with the requirements of the program, the trial court revoked the community corrections sentence and ordered the defendant to serve the balance of her sentence in the Department of Correction. In this appeal as of right, the single question presented for our review is whether the trial court erred by ordering the defendant to fully serve the balance of her sentence. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/cunninghamtinar.wpd
STATE OF TENNESSEE v. ANTOINETTE HILL Court:TCCA Attorneys: Leslie M. Jeffress, Knoxville, Tennessee, for the appellant, Antoinette Hill. Paul G. Summers, Attorney General & Reporter; Angele M. Gregory, Assistant Attorney General; and G. Scott Green and Robert Headrick, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Antoinette Hill, was convicted of first degree premeditated murder. The trial court imposed a life sentence. In this appeal of right, the defendant challenges the sufficiency of the evidence and argues that the trial court erred in its instructions to the jury. The judgment is affirmed. http://www.tba.org/tba_files/TCCA/hilla.wpd
STATE OF TENNESSEE v. RONALD DAVID WALLACE, JR. Court:TCCA Attorneys: Julie A. Rice, Knoxville, Tennessee (on appeal), and Charles Herman, Assistant Public Defender (at trial), for the appellant, Ronald David Wallace, Jr. Paul G. Summers, Attorney General & Reporter; Braden H. Boucek, Assistant Attorney General; Michael O. Ripley, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Ronald David Wallace, Jr., was convicted of four counts of aggravated sexual battery. See Tenn. Code Ann. S 39-13-504(a)(4) (providing that "[a]ggravated sexual battery is unlawful sexual contact with a victim by the defendant . . . [where] [t]he victim is less than thirteen (13) years of age"). The trial court ordered concurrent sentences of eight years. In this appeal of right, the defendant argues that the evidence was insufficient to support his convictions. The judgments of the trial court are affirmed. http://www.tba.org/tba_files/TCCA/wallaceronalddavid.wpd
ROBERT L. WILKS v. STATE OF TENNESSEE Court:TCCA Attorneys: Robert L. Wilks, Mountain City, Tennessee, pro se. Paul G. Summers, Attorney General & Reporter, and Thomas E. Williams, III, Assistant Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The petitioner, Robert L. Wilks, appeals from the trial court's denial of his petition for habeas corpus relief. The trial court did not appoint counsel. In this appeal of right, the petitioner alleges that the trial court erred by denying the appointment of counsel and by entering the order of summary dismissal. The judgment is affirmed. http://www.tba.org/tba_files/TCCA/wilksrobertl.wpd

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