Opinion Flash

December 17, 2002
Volume 8 — Number 221

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
03 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




Arthur F. Knight, III, and Samuel W. Brown, Knoxville, Tennessee, for
the Appellant Tze-Pong "Raymond" Ku.

Paul G. Summers, Attorney General, Michael E. Moore, Solicitor
General, and Donald R. Ungurait, Assistant Attorney General,
Nashville, Tennessee, for the Appellee State of Tennessee.                          


First Paragraph:

Tze-Pong "Raymond" Ku ("Plaintiff") is a student at the East Tennessee
State University College of Medicine ("College").  After completing
his first two years of study, Plaintiff was required to take the USMLE
Step 1 examination.  He took this examination and failed.  Thereafter,
the College removed Plaintiff from his third year clerkships and
eventually created a list of requirements he had to meet in order to
be allowed to resume his classes.  After successfully suing the
College in federal court based on a procedural due process violation,
Plaintiff brought the present lawsuit for damages against the State of
Tennessee claiming breach of written contract, to wit: his letter of
acceptance to the College and the College's student handbook.  The
Claims Commission concluded these documents did not constitute a
written contract and dismissed the lawsuit for lack of subject matter
jurisdiction. Plaintiff appeals, and we affirm.

STATE OF TENNESSEE v. NICOLE BEAUDION a/k/a NIKKI NAPIER Court:TCCA Attorneys: Kirk Vandivort, Charlotte, Tennessee, for the Appellant, Nicole Beaudion a/k/a Nikki Napier. Paul G. Summers, Attorney General & Reporter; Braden H. Boucek, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Grady A. Moore, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The defendant, Nicole Beaudion, also known as Nikki Jo Napier, appeals pursuant to Tennessee Rule of Criminal Procedure 35(b). After pleading guilty to facilitation of especially aggravated robbery, a Class B felony, and agreeing to accept a fifteen-year sentence to be served in the Department of Correction with a 30 percent release eligibility date, the defendant filed a timely Rule 35(b) motion to reduce her sentence to ten years. The trial court denied this motion, and the propriety of this action is now challenged on appeal. http://www.tba.org/tba_files/TCCA/beaudionn.wpd
JAMES DARRELL HORN v. STATE OF TENNESSEE Court:TCCA Attorneys: Larry S. Weddington, Bristol, Tennessee, for the Appellant, James Darrell Horn. Paul G. Summers, Attorney General & Reporter; Angele M. Gregory, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Teresa Murray Smith and James F. Goodwin, Assistant District Attorneys General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The petitioner, James Darrell Horn, appeals the Sullivan County Criminal Court's denial of post- conviction relief. In his post-conviction petition, the petitioner challenged his jury convictions on more than 30 aggravated burglary counts and nearly as many theft counts. As a result of his many convictions, the petitioner is serving an effective 90-year sentence in the Department of Correction. On direct appeal, his convictions and sentences were affirmed by this court. See State v. James D. Horn, No. 03C01-9712-CR-00537 (Tenn. Crim. App., Knoxville, Jul. 20, 1999), perm. app. denied (Tenn. 2000). The petitioner asserted that his previous appellate counsel was ineffective because she did not raise on direct appeal whether the trial court (1) erred in not suppressing the petitioner's pretrial statements and (2) in not suppressing physical evidence seized during a warrantless search of his residence. He also claimed that his trial and appellate counsel were ineffective because they did not properly challenge the sufficiency of the evidence on three or four specific counts of the indictments. After an evidentiary hearing, the trial court entered a very thorough order denying post- conviction relief. Upon our review, we affirm. http://www.tba.org/tba_files/TCCA/hornjd1.wpd
STATE OF TENNESSEE v. JEFFREY LYNN MURPHY Court:TCCA Attorneys: David Brady, Public Defender and John B. Nisbet, III, Assistant Public Defender, Cookeville, Tennessee, for the appellant, Jeffrey Lynn Murphy. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; William E. Gibson, District Attorney General; and William Locke, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Jeffrey Lynn Murphy, pled guilty to one count of fraud and was placed on probation for three years. The Defendant's supervising officer subsequently filed a probation violation warrant and a hearing was held. The trial court revoked the Defendant's probation and ordered him to serve his sentence in the Department of Correction. The Defendant now appeals, claiming that the trial court should have extended his period of probation, instead. We affirm the trial court's judgment. http://www.tba.org/tba_files/TCCA/murphyjl.wpd

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