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

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version.
Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.

Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

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_0218.wpd

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

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi


HomeContact UsPageFinderWhat's NewHelp
© Copyright 2003 Tennessee Bar Association