Opinion Flash
January 21, 2003
Volume 9 — Number 012
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 |
| 06 |
New Opinion(s) from the Tennessee Court of Appeals |
| 15 |
New Opinion(s) from the Tennessee Court of Criminal Appeals |
| 02 |
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_0121.wpd
ALTON DIXON v. NIKE, INC.
Court:TCA
Attorneys:
Alton Dixon, Memphis, Tennessee, appellant, pro se.
Herbert E. Gerson and Thomas J. Walsh, Jr., Memphis, Tennessee, for
appellee, Nike, Inc.
Judge: KIRBY LILLARD
First Paragraph:
This case involves alleged wrongful termination of employment and
alleged misappropriation of an idea. The employee's original lawsuit
ended in a judgment in favor of the employer; this became a final
judgment after appeal to this Court. The employee then filed numerous
motions, pleadings, and other filings, all based on the same facts
underlying the lawsuit that had been finally decided. The additional
actions were dismissed, sanctions were imposed on the employee, and
the employee was ordered to pay costs and repeatedly admonished not to
submit further filings on the matter that was the basis for the
original lawsuit. The employee persisted, and filed a second lawsuit
based on the same facts. This second lawsuit was dismissed. The
employee now appeals. We affirm, and in addition, order that the
clerks of this Court and inferior courts not accept any further
filings from the employee relating to the matter that was the basis
for the original lawsuit until all sanctions and costs are paid.
http://www.tba.org/tba_files/TCA/dixona.wpd
JANICE LEE EVANS v. THOMAS JEFFERSON EVANS, JR.
Court:TCA
Attorneys:
Harold F. Johnson, Jackson, For Appellant, Janice Lee Evans
Carthel L. Smith, Jr., Lexington, For Appellee, Thomas Jefferson
Evans, Jr.
Judge: CRAWFORD
First Paragraph:
This is an appeal of a final decree of divorce involving issues of
division of marital property, rehabilitative alimony, child support,
and admission of evidence. Wife appeals. We affirm in part, reverse
in part, and remand.
http://www.tba.org/tba_files/TCA/evansj.wpd
JOHN C. FLOWERS v. JOSEPH E. TURNER and CONNIE TURNER
Court:TCA
Attorneys:
Mitchell G. Tollison, Humboldt, Tennessee, for the appellant, John C.
Flowers.
Howard B. Hayden, Memphis, Tennessee, for the appellees, Joseph E.
Turner and Connie Turner.
Judge: LILLARD
First Paragraph:
This is a personal injury case arising out of an automobile accident.
The plaintiff truck driver, during the course of his employment, was
involved in an automobile accident with the defendant. The plaintiff
sued the defendant based on the injuries he sustained in the accident.
The defendant stipulated as to liability, and the case went to trial
on the issue of damages. After trial, the jury returned a verdict in
favor of the plaintiff for past and future pain and suffering and past
medical bills. The trial court entered a judgment on the verdict and
denied the plaintiff's motion for an additur and/or a new trial. The
plaintiff appeals, asserting that there was no material evidence to
support the low amount of the jury's verdict, and appealing the order
allowing the defendant to offset the verdict by the amount paid in
satisfaction of the workers' compensation lien. We affirm the
decision of the learned trial judge, finding material evidence in the
record to support the jury's verdict and affirming the order
permitting the offset.
http://www.tba.org/tba_files/TCA/flowersjc.wpd
CAMELIA GIBSON AND SANDRA GORDON
v.
JOHN D. RICHARDSON AND THE STATE OF TENNESSEE,
BY AND THROUGH BILL GIBBONS, SHELBY COUNTY
DISTRICT ATTORNEY GENERAL
Court:TCA
Attorneys:
Jeffrey S. Rosenblum and Marc E. Reisman, Memphis, Tennessee, for the
appellant, Camelia Gibson.
Eugene A. Laurenzi and Bobby F. Martin, Jr., Memphis, Tennessee, for
the appellant, Sandra Gordon.
John D. Richardson, Memphis, Tennessee, appellee, pro se.
Thomas D. Henderson, Memphis, Tennessee, for the appellee, State of
Tennessee.
Judge: LILLARD
First Paragraph:
This case involves the scope of the attorney-client privilege. In
April 2002, a daycare van was involved in an accident, killing some
and injuring others. Multiple lawsuits were filed arising out of the
accident. Subsequently, counsel for the daycare's insurance company
took sworn statements of the owners and other employees of the
daycare. Eventually, the tort litigation was settled. Meanwhile, the
State began a criminal investigation of culpability for the accident.
The State obtained a subpoena in general sessions criminal court
ordering the insurance company's attorney to turn over the sworn
statements. The daycare owners who gave the statements then filed a
petition for a writ of certiorari in the chancery court below, seeking
to stay enforcement of the subpoena and asserting that the sworn
statements were protected by the attorney/client privilege. The
chancery court declined to issue the stay. The daycare owners now
appeal. We affirm, finding that the chancery court's decision was not
unlawful, fraudulent, arbitrary, or capricious.
http://www.tba.org/tba_files/TCA/gibsonc.wpd
BARTON HAWKINS, JR. v. AUGUSTA HAWKINS & ESTATE OF BARTON HAWKINS, SR.
Court:TCA
Attorneys:
Barton Hawkins, Jr., Only, TN, pro se
Jeffrey S. Rosenblum, Marc E. Reisman, Memphis, TN, for Appellant
Karen Johnson
Lanis L. Karnes, William H. Schackelford, Jr., Jackson, TN, for
Appellees
Judge: HIGHERS
First Paragraph:
This appeal involves the filing of claims against an estate and the
filing of exceptions thereto. The trial court allowed the exceptions
and awarded the Appellee the portion of her claim concerning two
promissory notes. The parties raise multiple issues on appeal. For
the following reasons, we affirm in part, reverse in part and remand.
http://www.tba.org/tba_files/TCA/hawkins.wpd
DEBORAH BOWERS SMITH v. RILEY DEAN SMITH
Court:TCA
Attorneys:
C. Timothy Crocker, Michael A. Carter, Milan, For Appellant, Riley
Dean Smith
Mary G. Middlebrooks, Jackson, For Appellee, Deborah Bowers Smith
Judge: CRAWFORD
First Paragraph:
This is an appeal of a final decree of divorce and the order of the
trial court on the moton to alter or amend, involving issues of
division of marital property, alimony in futuro, contempt of court,
and injunctive relief for Wife's alleged harassment of Husband.
Husband appeals. We affirm in part, reverse in part, and remand.
http://www.tba.org/tba_files/TCA/smithdeb.wpd
STATE OF TENNESSEE v. TAMMY B. DAVENPORT
Court:TCCA
Attorneys:
John Philip Parsons, Cookeville, Tennessee, for the appellant, Tammy
B. Davenport.
Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; William Edward Gibson, District Attorney
General; and Anthony J. Craighead, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: GLENN
First Paragraph:
The defendant pled guilty to six counts of forgery over $1000, a Class
D felony, and four counts of forgery, a Class E felony, with the
sentences to be set by the trial court. At the conclusion of the
sentencing hearing, the trial court sentenced the defendant as a Range
I, standard offender to the maximum terms of four years for each
forgery over $1000 conviction and two years for each forgery
conviction, with the sentences to be served concurrently in the
Department of Correction. The trial court denied the defendant's
request for full probation or split confinement. The defendant
appeals, arguing that the trial court erred by failing to place its
findings on the record and by denying probation or a sentence of split
confinement. Based on our review, we affirm the sentences imposed by
the trial court.
http://www.tba.org/tba_files/TCCA/davenporttammy.wpd
STATE OF TENNESSEE v. DENNIS R. GOLTZ
Court:TCCA
Attorneys:
Timothy V. Potter, Dickson, Tennessee, for the Appellant, Dennis R.
Goltz.
Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Thomas E. Williams, III, Assistant Attorney
General; Ronald L. Davis, District Attorney General; and Kenneth
Crites, Assistant District Attorney General, for the Appellee, State
of Tennessee.
Judge: HAYES
First Paragraph:
The Appellant, Dennis R. Goltz, was convicted by a Hickman County jury
of class E felony theft and sentenced to a term of two years, with
sixty days to be served in confinement. On appeal, Goltz raises the
following issues: (1) whether the trial court erred by removing a
juror during the trial after that juror expressed concern about his
ability to be fair and impartial; (2) whether he was denied a fair
trial due to prosecutorial misconduct during the State's closing
argument; and (3) whether his sentence was excessive based upon the
trial court's failure to apply a mitigating factor. After review, we
find no error with respect to issues (1) and (3). With regard to
issue (2), we find that the prosecutor's closing argument affected the
verdict to the prejudice of Goltz. Accordingly, the judgment of the
trial court is reversed, and this case is remanded for a new trial.
http://www.tba.org/tba_files/TCCA/goltzdennisr.wpd
STATE OF TENNESSEE v. JACK HACKERT
Court:TCCA
Attorneys:
Judson W. Phillips, Franklin, Tennessee, Attorney for the Appellant,
Jack Hackert.
Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Jennifer L. Bledsoe, Assistant Attorney General;
Ronald L. Davis, District Attorney General; and Mark K. Harvey,
Assistant District Attorney General, for the Appellee, State of
Tennessee.
Judge: HAYES
First Paragraph:
The Appellant, Jack Hackert, appeals the sentencing decision of the
Williamson County Circuit Court. The sentence arose from a guilty
plea entered by Hackert to: (1) two counts of sale or delivery of
marijuana, class E felonies; (2) simple possession of marijuana; and
(3) misdemeanor possession of drug paraphernalia. Following a
sentencing hearing, Hackert received an effective sentence of two
years, eleven months, and twenty-nine days, with one-hundred days to
be served in the county jail. On appeal, Hackert raises the single
issue of whether the trial court erred by denying full probation.
After review, we find no error. Accordingly, the judgment is
affirmed.
http://www.tba.org/tba_files/TCCA/hackertjack.wpd
STATE OF TENNESSEE v. JOE DAVID HILLIARD
Court:TCCA
Attorneys:
Dwayne D. Maddox, III, Huntingdon, Tennessee, for the appellant, Joe
David Hilliard.
Paul G. Summers, Attorney General and Reporter; Braden H. Boucek,
Assistant Attorney General; G. Robert Radford, District Attorney
General; and Eleanor Cahill, Assistant District Attorney General, for
the appellee, State of Tennessee.
Judge: RILEY
First Paragraph:
The defendant was convicted by a Carroll County jury of simple assault
and sentenced by the trial court to eleven months and twenty-nine
days, with all jail time suspended except for sixty days in the county
jail. The sole issue in this appeal is whether the trial court erred
in denying total probation. We affirm the judgment of the trial
court.
http://www.tba.org/tba_files/TCCA/hilliardj.wpd
STATE OF TENNESSEE v. HAROLD JACKSON, JR.
Court:TCCA
Attorneys:
Lee Davis, Chattanooga, Tennessee, for the Appellant, Harold Jackson,
Jr.
Paul G. Summers, Attorney General & Reporter; John H. Bledsoe,
Assistant Attorney General; William H. Cox, District Attorney General;
and Christopher Poole, Assistant District Attorney General, for the
Appellee, State of Tennessee.
Judge: WITT
First Paragraph:
Following his jury convictions for official misconduct and evidence
tampering, the defendant appealed the trial court's denial of his
motion to suppress evidence which he alleged had been obtained as a
result of a warrantless entry and search of his apartment. Because
the record demonstrates that the defendant voluntarily produced the
evidence and consented to its seizure without a warrant, we affirm the
trial court.
http://www.tba.org/tba_files/TCCA/jacksonharoldjr.wpd
STATE OF TENNESSEE v. WILLIE JOHNSON
Court:TCCA
Attorneys:
Joseph Patterson, Jackson, Tennessee, for the appellant, Willie
Johnson.
Paul G. Summers, Attorney General and Reporter; Angele M. Gregory,
Assistant Attorney General; James G. (Jerry) Woodall, District
Attorney General; and Shaun A. Brown, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: WILLIAMS
First Paragraph:
The defendant appeals his convictions of burglary and theft of
property over five hundred dollars ($500.00). The defendant argues
that the State did not present sufficient evidence at trial to support
his burglary conviction and contends that he did not receive a speedy
trial. We affirm the judgments from the trial court.
http://www.tba.org/tba_files/TCCA/johnsonw.wpd
STATE OF TENNESSEE v. THEDDAEUS MEDFORD
Court:TCCA
Attorneys:
Charles S. Kelly, Sr., Dyersburg, Tennessee, for the appellant,
Theddaeus Medford.
Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; Elizabeth T. Rice, District Attorney
General; and Tracey A. Brewer, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: RILEY
First Paragraph:
The defendant, Theddaeus Medford, was convicted by a Lauderdale County
jury of two counts of the delivery of cocaine and one count of the
attempted delivery of cocaine. On appeal, he raises the following
issues: (1) whether two peremptory challenges by the state were in
violation of Batson v. Kentucky; (2) whether the evidence was
sufficient to support the guilty verdicts; and (3) whether the trial
court erred in admitting exhibits upon the suggestion of the court
reporter after the examination of the witnesses had concluded. We
vacate the judgment of the trial court and remand for a hearing on the
alleged Batson violation.
http://www.tba.org/tba_files/TCCA/medford.wpd
STATE OF TENNESSEE v. CALVIN M. NEWSOM and ERIC D. WHITE
Court:TCCA
Attorneys:
Michael A. Colavecchio, Nashville, Tennessee, for the Appellant,
Calvin M. Newsom; Barry R. Tidwell, Nashville, Tennessee, for the
Appellant, Eric D. White.
Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Helena Walton Yarbrough, Assistant Attorney
General; Victor S. (Torry) Johnson, III, District Attorney General;
and Roger Moore, Assistant District Attorney General, for the
Appellee, State of Tennessee.
Judge: HAYES
First Paragraph:
A Davidson County jury convicted the Appellants, Calvin M. Newsom and
Eric D. White, of possession of .5 grams or more of cocaine, a
Schedule II controlled substance, with intent to sell; possession of
alprozolam, a Schedule IV controlled substance, with intent sell;
felony possession of a deadly weapon; simple possession of marijuana;
and possession of drug paraphernalia. Newsom and White raise one
issue for our review, whether the evidence was sufficient to support
their convictions. After review, we conclude that the proof is
insufficient to establish that Newsom and White possessed the drugs,
drug paraphernalia, and weapons found inside the residence.
Accordingly, the judgments of conviction are reversed and dismissed.
http://www.tba.org/tba_files/TCCA/newsomcmwhiteericd.wpd
STATE OF TENNESSEE v. MILA SHAW
Court:TCCA
Attorneys:
Mozella Ross (at trial), and Gerald S. Green (on appeal), Memphis,
Tennessee, for the appellant, Mila Shaw.
Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Teresa S. McCusker, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: WILLIAMS
First Paragraph:
The defendant was found guilty by a jury of theft of property over ten
thousand dollars ($10,000) and sentenced to four years and six months
in the county workhouse. She contends the evidence was insufficient
to sustain the conviction. We affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/shawm1.wpd
STATE OF TENNESSEE v. CLYDE T. SMITH
Court:TCCA
Attorneys:
Ross E. Alderman, District Public Defender; Jeffrey A. DeVasher, Wendy
S. Tucker, and Jonathan Farmer, Assistant Public Defenders, for the
appellant, Clyde T. Smith.
Paul G. Summer, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; Victor S. (Torry) Johnson, III,
District Attorney General; and Dan Hamm, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: WILLIAMS
First Paragraph:
While serving a sentence in a community corrections program, the
defendant was indicted and arrested on two counts of selling and
delivering cocaine. His community corrections status was revoked upon
proof of the indictment and arrest alone. The defendant claims that
proof of an indictment and arrest, standing alone, is insufficient to
support a revocation of a community corrections sentence. We agree
and reverse the judgment from the trial court.
http://www.tba.org/tba_files/TCCA/smithct.wpd
RICHARD D. SYKES v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
David Martin Hopkins, Nashville, Tennessee, for the appellee, Richard
D. Sykes.
Paul G. Summers, Attorney General and Reporter; Christine M. Lapps,
Assistant Attorney General; Victor S. (Torry) Johnson, III, District
Attorney General; and Roger D. Moore, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: WEDEMEYER
First Paragraph:
In July 2000, pursuant to a plea agreement, the Petitioner pled guilty
to eight felonies: one count of aggravated kidnapping, four counts of
aggravated robbery, one count of attempted especially aggravated
robbery, one count of attempted first degree murder, and one count of
aggravated assault. The trial court sentenced him pursuant to the
agreement to an effective sentence of twenty years with a release
eligibility percentage of 30% and a concurrent sentence of twelve
years with a release eligibility percentage of 100%. The Petitioner
subsequently filed a petition for post-conviction relief, and
following a hearing on the petition, the trial court denied relief.
This appeal ensued. The Petitioner argues on appeal that he received
ineffective assistance of counsel when he entered his pleas and that
his pleas were thus not entered knowingly or voluntarily. Having
reviewed the record, we conclude that the Petitioner was not denied
his right to effective representation at the time that he entered his
pleas, and we conclude that the Petitioner entered his pleas
knowingly, voluntarily, and intelligently. We therefore affirm the
trial court's denial of post-conviction relief.
http://www.tba.org/tba_files/TCCA/sykesrd.wpd
STATE OF TENNESSEE v. VICTOR EUGENE TYSON
Court:TCCA
Attorneys:
Paul J. Bruno (on appeal); and Thomas T. Overton, Nashville, Tennessee
(at trial), for the appellant, Victor Eugene Tyson.
Paul G. Summers, Attorney General and Reporter; Patricia C. Kussmann,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; Pamela S. Anderson and Lisa Naylor, Assistant District
Attorneys General, for the appellee, State of Tennessee.
Judge: WEDEMEYER
First Paragraph:
The Davidson County Grand Jury indicted the Defendant for first degree
premeditated murder, felony murder, attempted first degree murder and
five counts of reckless endangerment. A Davidson County jury found
the Defendant guilty of second degree murder, felony murder, attempted
first degree murder and five counts of reckless endangerment. After
merging the Defendant's convictions for second degree murder and
felony murder, the trial court sentenced the Defendant to life
imprisonment. The trial court sentenced the Defendant to thirty-five
years for the attempted first degree murder conviction to be served
consecutively to the life sentence. The trial court merged the five
reckless endangerment convictions and sentenced the Defendant to three
years to be served concurrently with the other sentences. The
Defendant now appeals, arguing the following: (1) that the trial court
erred by failing to instruct the jury on all lesser-included offenses;
(2) that the trial court erred by denying the Defendant's motion to
suppress a photographic lineup; (3) that insufficient evidence was
presented at trial to support the Defendant's convictions; (4) that
trial counsel was ineffective; and (5) that the trial court improperly
assumed that as a matter of law, the sentences in this case must be
served consecutively to a prior federal sentence. Concluding that the
trial court committed reversible error (the State concedes), by
failing to instruct the jury on certain lesser-included offenses of
premeditated murder, felony murder and attempted first degree murder,
we reverse those three convictions and remand Counts 1, 2, and 3 to
the trial court for a new trial. We affirm the conviction for
reckless endangerment in Count 4 and the three year sentence imposed
in that count. We also remand Count 4 for the trial court to
determine whether the sentence imposed in Count 4 should be served
concurrently with or consecutively to the Defendant's federal
sentence.
http://www.tba.org/tba_files/TCCA/tysonve.wpd
STATE OF TENNESSEE v. KENNETH MAURICE VAUGHN
Court:TCCA
Attorneys:
Ross E. Alderman, District Public Defender; C. Dawn Deaner, Assistant
Public Defender; and J. Michael Engle, Assistant Public Defender,
Nashville, Tennessee, for the appellant, Kenneth Maurice Vaughn.
Paul G. Summers, Attorney General and Reporter; Kim R. Helper,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Sarah N. Davis, Assistant District Attorney General; and
Kristen K. Shea, Assistant District Attorney General; and Christopher
R. Buford, Assistant District Attorney General, for the appellee,
State of Tennessee.
Judge: WOODALL
First Paragraph:
Defendant, Kenneth Maurice Vaughn, appeals his convictions in the
Davidson County Criminal Court for vandalism and aggravated criminal
trespass. At his arraignment, Defendant entered a pro se plea of not
guilty. During a hearing on several pretrial motions, at which
Defendant proceeded pro se, Defendant signed a written waiver of his
right to a trial by jury. After Defendant waived his right to a jury
trial, the trial court appointed counsel to represent Defendant and
scheduled a bench trial. Following a bench trial, Defendant was
convicted as charged, and he received an effective sentence of eleven
months and twenty-nine days for each charge, to be served
consecutively. In this appeal as of right, Defendant argues that the
trial court erred in accepting his jury waiver because he signed the
waiver without the assistance of counsel. We conclude that Defendant
was not unconstitutionally denied the right to counsel and that he
made a valid waiver of his right to a jury trial. We affirm the
judgment of the trial court.
http://www.tba.org/tba_files/TCCA/vaughnkennethmaurice.wpd
STATE OF TENNESSEE v. MELVIN WATERS
Court:TCCA
Attorneys:
Daniel L. McMurtry, Nashville, Tennessee, for the appellant, Melvin
Waters.
Paul G. Summers, Attorney General & Reporter; John H. Bledsoe,
Assistant Attorney General; Victor S. (Torry) Johnson III, District
Attorney General; and Brian K. Holmgren, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: WILLIAMS
First Paragraph:
The Supreme Court remanded this case to determine the issue of whether
the trial court erred in sentencing the defendant to twelve years for
the facilitation of aggravated robbery. The defendant was classified
as a Range II offender. Twelve years is outside the range of a Range
II offender, Class C felony. We conclude that the sentence is proper
in that it does not exceed the range for a Class C felony. Offender
classification ranges are non-jurisdictional and may be exceeded. We
affirm this sentence.
http://www.tba.org/tba_files/TCCA/watersm1.wpd
STATE OF TENNESSEE v. ROBERT JAMES YORECK, III
Court:TCCA
Attorneys:
Gregory D. Smith, Clarksville, Tennessee, for the Appellant, Robert
James Yoreck, III.
Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Jennifer L. Bledsoe, Assistant Attorney General;
John Wesley Carney, Jr., District Attorney General; and Helen Young,
Assistant District Attorney General, for the Appellee, State of
Tennessee.
Judge: HAYES
First Paragraph:
The Appellant, Robert James Yoreck, III, was indicted by a Montgomery
County grand jury for rape, a class B felony. A negotiated plea
agreement allowed the Appellant to plead to class C felony aggravated
assault. Following a sentencing hearing, the trial court imposed a
nine-year sentence. On appeal, Yoreck argues that his sentence was
excessive. After review, we find that plain error dictates the
conviction be vacated and the case remanded for further proceedings
because aggravated assault is not a lesser included offense of rape.
http://www.tba.org/tba_files/TCCA/yoreckrobertjames.wpd
Constitutionality of 2002 Amendments to Professional Privilege Tax
Date: January 13, 2003
Opinion Number: 03-002
http://www.tba.org/tba_files/AG/2003/OP2.pdf
Practical Training for Funeral Director License Applicants
Date: January 13, 2003
Opinion Number: 02-003
http://www.tba.org/tba_files/AG/2003/OP3.pdf
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