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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