Opinion Flash

December 13, 2003
Volume 9 — Number 008

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
01	New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
05	New Opinion(s) from the Tennessee Court of Appeals
06	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

SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0113.wpd

JIMMY RAY DOUGHERTY, JR., v. KAYE MICHELLE HODGES OLSON,

Court:TCA

Attorneys:       

Arthur Bass, Cleveland, Tennessee, for Appellant.

B. Prince Miller, Jr., Cleveland, Tennessee, for Appellee.                   

Judge: FRANKS

First Paragraph:

Custody of minor child was ordered changed from mother to father by
the Trial Court.  We Affirm.

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

GWENETH J. FREELS v. EVELYN JONES

Court:TCA

Attorneys: 

Billy P. Sams, Oak Ridge, Tennessee, for Appellant.

J. Polk Cooley, Rockwood, Tennessee, for Appellee.                         

Judge: FRANKS

First Paragraph:

Defendant demanded a jury in Answer but the Trial Judge ruled
defendant waived right to a jury trial.  On appeal, we Affirm.

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

BRIAN STUART OAKLEY, JEREMY SHANE OAKLEY, and JASON SCOTT OAKLEY,
Minor Children, by their Court Appointed Guardians, PHILLIP C. OAKLEY
and DEBBIE L. OAKLEY v. THE STATE OF TENNESSEE

Court:TCA

Attorneys:

Mark R. Olson, Clarksville, TN, for Appellants

Paul G. Summers, Attorney General & Reporter, Michael E. Moore,
Solicitor General, Mary M. Bers, Senior Counsel, Nashville, TN, for
Appellee                         

Judge: HIGHERS

First Paragraph:

This appeal involves the decision of the Claims Commission to dismiss
the Claimants' case for failure to prosecute.  The Claimants filed
suit against the State alleging "negligent care, custody, and control
of persons" after their father was killed by a juvenile inmate at the
John S. Wilder Youth Development Center.  The Claims Commission,
finding that the Claimants had failed to take action in over one year,
granted the State's Motion to Dismiss for Failure to Prosecute.  The
Claimants appeal the Claims CommissionÕs order dismissing their case
for failure to prosecute.

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

CHELSEA ELIZABETH PIRKLE v. JUSTIN PARRISH PARKER

Court:TCA

Attorneys:     

Arthur F. Knight, III, Knoxville, for Appellant.

Harold C. Wimberly, Knoxville, for Appellee.                     

Judge: FRANKS

First Paragraph:

The Trial Court refused to set aside the Default Judgment.  On appeal,
we vacate and remand.

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

JACKIE L. REYNOLDS, et al. v. TAMMY MOFFETT BATTLES, et al.

Court:TCA

Attorneys:

David W. Camp, Jackson, Tennessee, for the appellants, Tammy Moffett
Battles and Gregory Scott Battles.

Mark L. Agee and Jason C. Scott, Trenton, Tennessee, for the
appellees, Jackie L. Reynolds and Audrey Jeannine Reynolds.                         

Judge: FARMER

First Paragraph:

This is an appeal from on order denying a Tenn. R. Civ. P. 60.02
motion to set aside a default judgment entered in favor of the
plaintiffs for $1,200,000.  We vacate the order of the trial court and
remand for further proceedings.

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

MONTEZ ANTUAN ADAMS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

A. Russell Larson, Jackson, Tennessee, for the appellant, Montez
Antuan Adams.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; James G. Woodall, District Attorney
General; and Alfred L. Earls, Assistant District Attorney General, for
the appellee, State of Tennessee.                         

Judge: TIPTON

First Paragraph:

The petitioner Montez Antuan Adams, appeals the Madison County Circuit
CourtÕs denial of his petition for post-conviction relief.  He
contends that the trial court improperly determined that he did not
sufficiently allege facts to support one of his claims and improperly
struck the claim from his amended petition.  We remand the case for
another evidentiary hearing in order for the petitioner to present
evidence regarding the dismissed claim and for the trial court to make
appropriate findings of fact consistent with this opinion.

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

STATE OF TENNESSEE v. JEFFERY CONNOR

Court:TCCA

Attorneys:   

AC Wharton, Jr., District Public Defender; Garland Erguden, Assistant
District Public Defender; and Charles D. Wright, Assistant District
Public Defender (at trial), for the appellant, Jeffery Connor.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Kevin R. Rardin and Michael S. Davis, Assistant District
Attorneys General, for the appellee, State of Tennessee.                       

Judge: TIPTON

First Paragraph:

A Shelby County Criminal Court jury convicted the defendant, Jeffery
Connor, of aggravated rape, a Class A felony, and the trial court
sentenced him as a Range I, violent offender to twenty-four years in
confinement.  The defendant appeals, claiming that the evidence is
insufficient to support his conviction and that the trial court
improperly enhanced his sentence.  We affirm the judgment of the trial
court.

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

LEWIS V. HILL v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Charles W. Gilchrist, Jr., Memphis, Tennessee, for the appellant,
Lewis V. Hill.

Paul G. Summers, Attorney General and Reporter; Kim R. Helper,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and R. Scott McCullough, Assistant District Attorney General,
for the appellee, State of Tennessee.                          

Judge: TIPTON

First Paragraph:

The petitioner, Lewis V. Hill, appeals the Shelby County Criminal
Court's denial of his petition for post-conviction relief, claiming
that the trial court erred by determining that he filed his petition
outside the statute of limitations.  He contends that his petition was
not time-barred because it was filed within one year of this courtÕs
denying his motion to waive the timely filing of a notice of appeal.
We affirm the trial court's dismissal of the petition.

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

STATE OF TENNESSEE v. SAMMIE NETTERS

Court:TCCA

Attorneys:

AC Wharton, Jr., Shelby County Public Defender; Tony N. Brayton,
Assistant Public Defender; Michael Johnson, Assistant Public Defender;
and Franklin Shelton, Assistant Public Defender, Memphis, Tennessee,
for the appellant, Sammie Netters.

Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; William L. Gibbons, District Attorney
General; Jennifer Nichols, Assistant District Attorney General; and
Katrina Earley, Assistant District Attorney General, for the appellee,
State of Tennessee.                         

Judge: WOODALL

First Paragraph:

Defendant, Sammie Netters, was convicted by a jury of aggravated
robbery, and the trial judge sentenced him to twenty years
incarceration as a Range II multiple offender.  In this appeal,
Defendant contends that:  (1) the evidence was insufficient to sustain
his conviction; (2) the trial court erred by denying Defendant's
motion to suppress his confession; and (3) the trial court erred in
failing to instruct the jury on the lesser-included offenses of
robbery and theft.  After a thorough review of the record, we affirm
the judgment of the trial court.

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

STATE OF TENNESSEE v. WILLIE NATHANIEL SMITH

Court:TCCA

Attorneys:  

Gary F. Antrican, District Public Defender, Somerville, Tennessee, and
Jeffery L. Stimpson, Munford, Tennessee, for the appellant, Willie
Nathaniel Smith.

Paul G. Summers, Attorney General and Reporter; Braden H. Boucek,
Assistant Attorney General; Elizabeth T. Rice, District Attorney
General; and Kim E. Linville, Assistant District Attorney General, for
the appellee, State of Tennessee.                        

Judge: TIPTON

First Paragraph:

The defendant, Willie Nathaniel Smith, appeals as of right his
conviction by a jury in the Tipton County Circuit Court of delivery of
.5 grams or more of cocaine, a Class B felony, and his resulting
fifteen-year sentence.  He also appeals the concurrent fifteen-year
sentences received following his guilty pleas to two additional counts
of delivery of .5 grams or more of cocaine.  He contends (1) the
evidence is insufficient to support his conviction in case number
4149; (2) the trial court erroneously allowed a police investigator to
testify about what he heard on a recording device; and (3) his
sentences in both cases are excessive.  We affirm the judgments of
conviction.

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

STATE OF TENNESSEE v. MICHAEL JOHN STITTS

Court:TCCA

Attorneys:

Didi Christie, Brownsville, Tennessee; George Morton Googe, District
Public Defender; and Stephen P. Spracher, Assistant Public Defender,
for the appellant, Michael John Stitts.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; James G. Woodall, District Attorney
General; and Jody S. Pickens, Assistant District Attorney General, for
the appellee, State of Tennessee.                     

Judge: TIPTON

First Paragraph:

The defendant, Michael John Stitts, appeals as of right his conviction
by a jury in the Madison County Circuit Court for aggravated assault,
a Class C felony.  He received a sentence of nine years in the
Department of Correction as a Range II, multiple offender.  He
contends (1) that the evidence  is insufficient to support his
conviction and (2) that the trial court should have required the state
to elect between two counts of aggravated assault.  We affirm the
judgment of conviction.

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

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