Opinion Flash

February 18, 2003
Volume 9 — Number 028

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
10	New Opinion(s) from the Tennessee Court of Appeals
16	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

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SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0218.wpd

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BELLSOUTH BSE, INC. v. TENNESSEE REGULATORY AUTHORITY

Court:TCA

Attorneys:

Guilford F. Thornton, Jr., Nashville, Tennessee, for the appellant,
Bellsouth BSE, Inc.

Henry Walker, Nashville, Tennessee, for the appellees, MCI WorldCom,
Southeastern Competitive Carriers Association, Time Warner
Communications of the South, L.P. and US LEC of Tennessee, Inc.

J. Richard Collier, Jonathan N. Wike, Nashville, Tennessee, for the
appellee, Tennessee Regulatory Authority.

Judge: COTTRELL

First Paragraph:

BellSouth BSE, Inc. appeals from an order of the Tennessee Regulatory
Authority denying BSE's application for certification as a competing
local exchange company in those areas where BSE's affiliate, BellSouth
Telecommunications, is the incumbent provider of local services. 
Because the TRA denied the petition on the basis that such
certification may be inconsistent with the goal of fostering
competition and could be potentially adverse to competition, as
opposed to establishing conditions or requirements designed to ensure
that anticompetitive practices did not occur, we vacate the order as
beyond the agency's statutory authority.

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

 DOROTHY DIANE FILES V. BOBBY EUGENE FILES

Court:TCA

Attorneys:

D.Scott Parsley and Joshua D. Strickland, Nashville for Appellant,
Dorothy Diane Files

Jerry Scott, Murfreesboro, for Appellee, Bobby Eugene Files

Judge: GRAY

First Paragraph:

This case was presented to the Trial Court upon Petition to
Domesticate a Foreign Decree, to Modify and to Increase Child Support
and Amended Petition to Domesticate a Foreign Decree, to Modify
Custody, for Contempt, and to Increase Child Support.  The Trial Court
granted defendant's Tennessee Rules of Civil Procedure No. 12.02
Motion to Dismiss finding that in this case according to Tennessee
Code Annotated S 36-5-2611 that Tennessee lacked subject matter
jurisdiction to modify child support and that pursuant to Tennessee
Code Annotated 36-5-218 Tennessee had not subject matter jurisdiction
to modify the child custody and visitation provision of the Missouri
decree.  We affirm.

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

 FRANK M. FLY v. SIMPLE PLEASURES, INC., et al.

Court:TCA

Attorneys:

Frank M. Fly and Aaron S. Guin, Murfreesboro, Tennessee, for the
appellant, Frank M. Fly.

E. Evan Cope, Murfreesboro, Tennessee, for the appellees, Simple
Pleasures, Inc., Tina Woodruf and Gary Viane.

Judge: CAIN

First Paragraph:

Landlord appeals an Order granting summary judgment to Tenant on the
effect of a holdover tenancy after the expiration of the term of the
lease.  We affirm the judgment of the trial court.

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

 	TIMOTHY DOUGLAS GAITHER, et al. v. JESSIE R. BUSH and ANGELA FAYE
WHITE v. TIMOTHY DOUGLAS GAITHER

Court:TCA

Judge: HIGHERS

First Paragraph:

Plaintiff-Appellant filed a petition to rehear on January 28, 2003. 
The opinion was filed on January 16, 2003.  The petition is not timely
pursuant to T.R.A.P. 39(b) and is therefore denied.

http://www.tba.org/tba_files/TCA/gaitherv.ord.wpd
								

 STATE OF TENNESSEE, et rel. KATHY E. JONES v. TIMOTHY R. SPIVEY

Court:TCA

Attorneys:

Paul G. Summers, Attorney General & Reporter and Stuart F.
Wilson-Patton, Senior Counsel, Nashville, Tennessee, for the
appellant, State of Tennessee, ex rel. Kathy E. Jones.

Timothy Spivey, Doyle, Tennessee, Pro Se

Judge: CAIN

First Paragraph:

This appeal concerns an action by the state seeking enforcement of
certain support orders in the juvenile court pursuant to Title IV-D of
the Social Security Act, 42 U.S.C. SS 651 et seq.  The State of
Tennessee, ex rel. Kathy E. Jones sought an order from the Warren
County Juvenile Court requiring the payment of $7,195 in child support
and finding Timothy Spivey in contempt of said court for the failure
to pay the child support arrearage.  From the order of the trial court
forgiving all but $864.85 of the child support arrearage and refusing
to find Spivey in contempt, the state appeals.

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

 STELLA KELTNER, et al. v. OPEN LAKE SPORTING CLUB

Court:TCA

Attorneys:

Kenneth R. Shuttleworth and William C. Sessions, Memphis, Tennessee,
for the appellants, Stella Keltner and Norris Nix.

Joseph W. Barnwell, Memphis, Tennessee, for the appellee, Open Lake
Sporting Club.

Judge: FARMER

First Paragraph:

This is a dispute over ownership of the Right Hand Arm portion of Open
Lake.  The trial court awarded summary judgment to Open Lake Sporting
Club.  Having determined that there are genuine issues of material
facts, we reverse and remand for further proceedings.

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

 JENNIFER NORMAN v. STEVEN NORMAN

Court:TCA

Attorneys:

D. Scott Parsley, Nashville, Tennessee, for the appellant, Steven
Norman.

Jon S. Jablonski and Kathryn G. Brinton, Nashville, Tennessee, for the
appellee, Jennifer Norman.

Judge: KOCH

First Paragraph:

This appeal is the culmination of a lengthy and bitter child support
battle. When the parties were divorced in 1994 by the Law Court for
Washington County, the wife was awarded custody of their child, and
the husband was required to pay child support.  The court also
approved the parties' marital dissolution agreement that, among other
things, provided for annual child support adjustments and obligated
the husband to provide the wife with a copy of his annual federal
income tax return.  The case was transferred to the Circuit Court for
Davidson County after the wife and child moved to Nashville.  In
November 1999, the mother requested the trial court to increase child
support and to hold the husband in contempt for failing to provide her
copies of his tax returns.  Following a bench trial, the trial court
not only increased the child support prospectively but also awarded
the wife $19,026 in retroactive child support back to 1996.  The
husband asserts on this appeal that the trial court erred by awarding
retroactive child support.  We have determined that the trial court
did not err by awarding child support back to 1996 because the wife
had filed a motion to modify child support in 1996 that had never been
acted upon.  Accordingly, we affirm the judgment.

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

 CHRISTOPHER N. ROBINSON v. WILLIAM FULLITON

Court:TCA

Attorneys:

Ronald D. Krelstein, Germantown, Tennessee, and Steven M. Markowitz,
Memphis, Tennessee, for the appellant, Christopher N. Robinson.

Clifford M. Cole, Memphis, Tennessee, for the appellee, William
Fulliton.

Judge: LILLARD

First Paragraph:

This is a wiretapping case.  A husband and a wife were experiencing
marital difficulties.  During that time, the husband tape recorded a
telephone conversation between his wife and her brother without the
knowledge of either. When the brother found out, he filed a lawsuit
against the husband, his brother-in-law, seeking damages under the
civil damages provision of the Tennessee wiretapping statutes, Tenn.
Code Ann. S 39-13-603.  The trial court, sitting without a jury, held
that the husband was liable to his brother-in-law, and awarded nominal
compensatory damages, litigation expenses, and attorney's fees.  The
husband and the brother-in-law both appeal that decision, arguing that
the damage award was erroneous.  We reverse the trial court's award of
damages, finding that the statute requires that, when a violation is
established, the trial court must award either the actual damages or
the statutory minimum penalty of $10,000, whichever is greater.

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

 STATE OF TENNESSEE, et rel. KATHY E. JONES v. TIMOTHY R. SPIVEY

Court:TCA

Attorneys:

Paul G. Summers, Attorney General & Reporter and Stuart F.
Wilson-Patton, Senior Counsel, Nashville, Tennessee, for the
appellant, State of Tennessee, ex rel. Kathy E. Jones.

Timothy Spivey, Doyle, Tennessee, Pro Se.

Judge: CAIN

First Paragraph:

This appeal concerns an action by the state seeking enforcement of
certain support orders in the juvenile court pursuant to Title IV-D of
the Social Security Act, 42 U.S.C. SS 651 et seq.  The State of
Tennessee, ex rel. Kathy E. Jones sought an order from the Warren
County Juvenile Court requiring the payment of $7,195 in child support
and finding Timothy Spivey in contempt of said court for the failure
to pay the child support arrearage.  From the order of the trial court
forgiving all but $864.85 of the child support arrearage and refusing
to find Spivey in contempt, the state appeals.

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

 PENNY LOFTIS TAYLOR, et al. v. CHRISTY SOWELL, et al.

Court:TCA

Attorneys:

John C. Ford, Nashville, Tennessee, for the appellant, Christy Sowell.

J. Stephen Mills, Nashville, Tennessee, for the appellees, Penny and
Charles Taylor.

Merrilyn Feirman, Nashville, Tennessee, for the Guardian ad Litem for
the minor child, S.P.S.

Judge: CAIN

First Paragraph:

Christy Sowell appeals an Order terminating her parental rights as to
her child, S.P.S.  The trial court, finding abandonment by willful
failure to support and willful failure to visit the minor child,
entered an Order terminating her parental rights.  We affirm the
action of the trial court.

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

 BENJAMIN BLACKWELL v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

John G. Oliva, Nashville, Tennessee, for the appellant, Benjamin
Blackwell.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; James G. (Jerry) Woodall, District
Attorney General; and Alfred Earls, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The petitioner, Benjamin Blackwell, was convicted of second degree
murder and, on direct appeal, this court affirmed his conviction. 
Subsequently, the petitioner filed a petition for post-conviction
relief alleging ineffective assistance of counsel.  The
post-conviction court dismissed the petition and the petitioner timely
appealed.  Upon review of the record and the parties' briefs, we
affirm the judgment of the post-conviction court.

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

 ADARRYL DEVON BROOKS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

James T. Powell, Union City, Tennessee, for the appellant, Adarryl
Devon Brooks.

Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; and Thomas A. Thomas, District Attorney
General, for the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

The petitioner, Adarryl Devon Brooks, appeals the trial court's denial
of his petition for post- conviction relief, which followed his jury
convictions for possession of cocaine with intent to sell, criminal
impersonation, and failure to appear.  On appeal, the petitioner
contends his trial counsel was ineffective in failing to adequately
investigate his case and in failing to interview prospective
witnesses.  Upon review of the record and the applicable law, we
affirm the judgment of the post- conviction court.

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

 STATE OF TENNESSEE v. JERRY STEVEN COTHRAN AND LEE THEODORE SMITH

Court:TCCA

Attorneys:

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; Elizabeth T. Rice, District Attorney
General; and Tracey Anne Brewer, Assistant District Attorney General,
for the appellant, State of Tennessee.

J. Thomas Caldwell, Ripley, Tennessee, for the appellee, Jerry Steven
Cothran.

Gary F. Antrican, District Public Defender; and Julie K. Pillow,
Assistant District Public Defender, for the appellee, Lee Theodore
Smith.

Judge: RILEY

First Paragraph:

A Lauderdale County grand jury indicted the defendants, Jerry Steven
Cothran and Lee Theodore Smith, on one count of attempt to manufacture
a controlled substance, two counts of possession of controlled
substances, and one count of possession of drug paraphernalia. 
Cothran was also indicted on three counts of unlawful possession of a
firearm.  The trial court granted the defendants' motion to suppress
evidence based upon an illegal search.  On appeal, the state contends
the trial court erred in granting the defendants' motion to suppress. 
Upon review of the record and the applicable law, we reverse the
judgment of the trial court.

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

 STATE OF TENNESSEE v. DOUGLAS E. GONES

Court:TCCA

Attorneys:

Carthel L. Smith, Jr., Lexington, Tennessee, for the appellant,
Douglas E. Gones.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; James G. (Jerry) Woodall, District
Attorney General; and Bill R. Martin , Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

The defendant pled guilty to one count of vehicular homicide and three
counts of reckless aggravated assault following an automobile accident
in which a mother was killed and her three young children were
injured.  The trial court imposed an effective four-year sentence in
the Department of Correction.  The defendant appeals the trial court's
denial of alternative sentencing.  We affirm the judgments of the
trial court.

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

 STATE OF TENNESSEE v. PAUL GRAHAM MANNING

Court:TCCA

Attorneys:

Terry D. Dycus and John Nisbett, Assistant Public Defenders,
Cookeville, Tennessee, for the Appellant, Paul Graham Manning.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; William E. Gibson, District Attorney
General; and Ben Fann and William Locke, Assistant District Attorneys
General, for the Appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant, Paul Graham Manning, was convicted by a jury of first
degree premeditated murder and felony reckless endangerment.  In this
direct appeal, the Defendant raises six issues:  (1) whether the
evidence is sufficient to support his convictions; (2) whether the
trial court properly instructed the jury on lesser-included offenses;
(3) whether the trial court properly instructed the jury on the
culpable mental state required for premeditated murder; (4) whether
the Defendant was denied his constitutional right to a speedy trial;
(5) whether the trial court erred by not reducing his bond; and (6)
whether the trial court erred in quashing the Defendant's subpoena for
certain witnesses.  We affirm the judgment of the trial court.

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

 STATE OF TENNESSEE v. BRIAN ERNEST MERRIWEATHER

Court:TCCA

Attorneys:

Gregory D. Smith, Clarksville, Tennessee (on appeal), and Hugh Poland,
Clarksville, Tennessee (at trial) for the appellant, Brian Ernest
Merriweather.

Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; John Wesley Carney, Jr.,
District Attorney General; and Helen Young, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: WOODALL

First Paragraph:

Following a bench trial, Defendant, Brian Ernest Merriweather, was
found guilty of the unlawful sale of more than 0.5 grams of cocaine. 
He was sentenced to serve fourteen years as a Range II multiple
offender.  In his sole issue on appeal, Defendant argues that the
evidence was insufficient to support his conviction, and that, at
most, the State proved that he was guilty of a casual exchange of
cocaine.  After a review of the record, we affirm the judgment of the
trial court.

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

 STATE OF TENNESSEE v. COREY MICKENS, CHRISTOPHER SMITH, MATTHEW DIXON,
AND CHONCEY JONES

Court:TCCA

Attorneys:

Steven W. Pittman, for appellant Corey Mickens; Joseph S. Ozment, for
appellant Christopher Smith; Jeffery S. Glatstein, for appellant
Matthew Dixon; and Addie M. Burks, Memphis, Tennessee, for appellant
Choncey Jones.

Paul G. Summers, Attorney General and Reporter; Braden H. Boucek,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Terry Harris and Lorraine Craig, Assistant District
Attorneys General, for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The defendants, Corey Mickens, Christopher Smith, Matthew Dixon, and
Choncey Jones, all members of the Gangster Disciples, were indicted
for various offenses as the result of the kidnapping of Marshall Shipp
and Ricky Aldridge and subsequent beating of Aldridge and murder of
Shipp, both of whom also were Gangster Disciples.  Mickens was
convicted of first degree murder in the perpetration of aggravated
kidnapping and especially aggravated kidnapping of Shipp.  Smith,
Dixon, and Jones were convicted of first degree premeditated murder
and especially aggravated kidnapping of Shipp, and all four defendants
were convicted of the especially aggravated kidnapping of Aldridge. 
All four defendants were sentenced to life without the possibility of
parole on the first degree murder charges.  Additionally, Mickens was
sentenced to two consecutive twenty-two-year sentences for the two
especially aggravated kidnapping charges. Smith was sentenced to two
consecutive forty-year sentences for the two especially aggravated
kidnapping charges.  Dixon was sentenced to two consecutive
thirty-two-year, six month sentences for the two especially aggravated
kidnapping charges.  Jones was sentenced to two consecutive
twenty-year sentences for the two especially aggravated kidnapping
charges.  On appeal, the defendants raise a number of issues, both
jointly and individually.  They argue that the trial court erred in
denying the motions to sever, in its jury instructions, and in
sentencing.  Additionally, all argue that the evidence was
insufficient to sustain their convictions.  Jones and Mickens
individually present several issues, including that the trial court
erred in admitting into evidence an affidavit supposedly written by
Jones, by allowing Jones's jail armband to be read to the jury, in
allowing a State's witness to testify that Dixon flashed gang signs
during her testimony, and in certain rulings regarding the State's
closing argument.  Smith argues that the trial court excused a juror
without cause.  Following our review, we affirm the convictions and
sentences as to each defendant.

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

 STATE OF TENNESSEE v. ANGELA CAPRICE PARCHMAN

Court:TCCA

Attorneys:

Didi Christie, Brownsville, Tennessee (on appeal) and Joseph P. Atnip,
Dresden, Tennessee (at trial), for the appellant, Angela Caprice
Parchman.

Paul G. Summers, Attorney General and Reporter; Angele M. Gregory,
Assistant Attorney General; Thomas A. Thomas, District Attorney
General; and James T. Cannon, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Angela Caprice Parchman, was convicted by a jury in the
Obion County Circuit Court of the sale of .5 grams or more of crack
cocaine, a Class B felony.  The trial court sentenced the appellant as
a Range II multiple offender to twelve years incarceration in the
Tennessee Department of Correction.  On appeal, the appellant argues
that the evidence was insufficient to support her conviction and that
her trial counsel was ineffective.  Upon review of the record and the
parties' briefs, we affirm the judgment of the trial court.

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

 STATE OF TENNESSEE v. JOHN RICHENBERGER

Court:TCCA

Attorneys:

Jeffrey Jones, Bartlett, Tennessee, for the appellant, John
Richenberger.

Paul G. Summers, Attorney General & Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Tom Hoover, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The defendant, John Richenberger, entered a plea of guilt to driving
under the influence, fourth offense, a Class E felony.  The trial
court imposed a Range I jail sentence of one year, requiring a
mandatory minimum of 150 days' service. There was a $3,000.00 fine. 
In this appeal, the defendant argues that the trial court erred by
failing to order a sentence in the community corrections program. The
judgment is affirmed and the cause remanded for consideration of
correction of the length of the sentence.

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

 STATE OF TENNESSEE v. JOSHUA AARON ROUSH

Court:TCCA

Attorneys:

Mark E. Stephens, District Public Defender; John Halstead, Assistant
Public Defender, Knoxville, Tennessee, for the Appellant, Joshua Aaron
Roush.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Braden H. Boucek, Assistant Attorney General;
Randall E. Nichols, District Attorney General; and Scott Green,
Assistant District Attorney General, for the Appellee, State of
Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Joshua Aaron Roush, appeals the sentencing decision of
the Knox County Criminal Court.  Roush pled guilty to attempted second
degree murder and, following a hearing, was sentenced as a Range I
offender to a term of eleven years in the Department of Correction. 
Roush appeals, asserting that his sentence was excessive because the
trial court failed to comply with relevant sentencing principles and
erred in not applying six mitigating factors.  After a review of the
record, we find that Roush's issue is without merit.  Accordingly, the
judgment is affirmed.

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

 STATE OF TENNESSEE v. PHILLIP CHARLES SAINDON, JR. and JERRY SAILORS

Court:TCCA

Attorneys:

Kenneth Quillen and Michael Flanagan, Nashville, Tennessee, for the
appellant, Phillip Charles Saindon, Jr.; and David P. Byrne,
Nashville, Tennessee, for the appellant, Jerry Sailors.

Paul G. Summers, Attorney General and Reporter; Kim R. Helper,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Paul DeWitt and James W. Milam, Assistant District
Attorneys General, for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The defendants, Phillip Charles Saindon, Jr. and Jerry Sailors, were
each convicted of one count of theft over $10,000 and one count of
theft over $60,000. In addition to challenging the sufficiency of the
evidence on appeal, they argue that there was a fatal variance between
the indictment and the proof and that the trial court erred in
admitting hearsay evidence.  We conclude there was no material or
prejudicial variance between the indictment, which alleged theft of
United States currency, and the proof as to each was sufficient to
sustain the convictions of theft over $60,000.  However, as to the
convictions for theft over $10,000, we conclude that, although the
State presented sufficient evidence to establish that the defendants
committed theft of property, the evidence was insufficient to
establish the value of the thefts for these convictions. Accordingly,
we modify the convictions for theft over $10,000 to theft over $1000
and remand the case to the trial court for appropriate sentencing for
this offense.  We affirm the judgments of conviction for theft over
$60,000.

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

 AMIN SHABAZZ v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Amin Shabazz, Clifton, Tennessee, pro se.

Paul G. Summers, Attorney General and Reporter; Kim R. Helper,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Joe Seaborg, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: WOODALL

First Paragraph:

Petitioner, Amin Shabazz, filed a petition for post-conviction relief
attacking his conviction for sale of a controlled substance containing
more than 0.5 grams of cocaine, following a plea of nolo contendere in
the Davidson County Criminal Court.  He received a ten-year sentence. 
The conviction occurred on August 27, 2001, and the petition for
post-conviction relief was timely filed on April 22, 2002.  The trial
court dismissed the petition without appointing counsel, without
allowing Petitioner to amend the petition, and without an evidentiary
hearing. On appeal, the Petitioner asserts that the trial court erred
by summarily dismissing the petition.  The State agrees.  Following a
review of the record, we reverse the judgment of the trial court, and
remand this case for an evidentiary hearing and for the
post-conviction trial court to further allow Petitioner to receive all
procedural rights granted to him pursuant to the Post-Conviction
Relief Act.

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

 STATE OF TENNESSEE v. JOHN L. SHELTON

Court:TCCA

Attorneys:

Paul G. Summers, Attorney General and Reporter; Braden H. Boucek,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Michael S. Davis, Assistant District Attorney General,
for the appellant, State of Tennessee.

Steven M. Temple, Memphis, Tennessee, for the appellee, John L.
Shelton.

Judge: GLENN

First Paragraph:

The defendant, John L. Shelton, pled guilty to driving after having
been declared a motor vehicle habitual offender, and was sentenced to
one day in jail and a fine of one dollar. The State appealed, arguing
that the sentence was illegal. Following our review, we affirm the
judgment of the trial court.

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

 STATE OF TENNESSEE v. LAWRENCE TAYLOR

Court:TCCA

Attorneys:

J. Thomas Caldwell, Ripley, Tennessee, for the appellant, Lawrence
Taylor.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; Elizabeth T. Rice, District Attorney
General; and James Walter Freeland, Jr., Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

A Tipton County jury convicted the defendant of the delivery of .5
grams or more of cocaine.  On appeal, he argues: (1) the evidence was
insufficient to support his conviction; (2) the trial court erred in
refusing to grant a mistrial after the prosecutor improperly
questioned the defendant about prior drug sales; and (3) the trial
court erroneously instructed the jury regarding his co-defendant's
status as an accomplice.  We conclude the trial court erred in
refusing to grant a mistrial.  Accordingly, we reverse the judgment of
the trial court and remand the matter for a new trial.

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

 STATE OF TENNESSEE v. RICHARD WARREN

Court:TCCA

Attorneys:

Gerald L. Melton (on appeal) and Russell N. (Rusty) Perkins (at trial
and on appeal), Murfreesboro, Tennessee, for the appellant, Richard
Warren.

Paul G. Summers, Attorney General and Reporter; Christine M. Lapps,
Assistant Attorney General;  William C. Whitesell, Jr., District
Attorney General; and John W. Price, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Richard Warren, pled guilty in the Rutherford County
Circuit Court to two counts of aggravated sexual battery.  The trial
court sentenced the appellant on each offense to eleven years
incarceration in the Tennessee Department of Correction.  On appeal,
the appellant contends that the trial court misapplied enhancement and
mitigating factors in determining his sentences.  Upon review of the
record and the parties' briefs, we affirm the judgments of the trial
court.

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

								

 ROSCOE H. WOODS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

David A. Stuart, Clinton, Tennessee, for the appellant, Roscoe H.
Woods.

Paul G. Summers, Attorney General and Reporter; Gill R. Geldreich,
Assistant Attorney General; James N. Ramsey, District Attorney
General; and Janice G. Hicks, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The petitioner appeals the denial of his petition for post conviction
relief, arguing that the post- conviction court erred in finding that
he received effective assistance of trial counsel.  Based on our
review, we conclude that the petitioner failed to meet his burden of
demonstrating that his trial counsel provided ineffective assistance. 
Accordingly, we affirm the post-conviction court's denial of
post-conviction relief.

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

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