Opinion Flash

February 20, 2003
Volume 9 — Number 030

Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.

This Issue (IN THIS ORDER):

00	New Opinion(s) from the Tennessee Supreme Court
00	New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00	New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00	New Opinion(s) from the Tennessee Court of Appeals
05	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

STATE OF TENNESSEE v. SYBIL BAKER

Court:TCCA

Attorneys:

Francis W. Pryor, Jr., Jasper, Tennessee, for the appellant, Sybil
Baker.

Paul G. Summers, Attorney General and Reporter; Angele M. Gregory,
Assistant Attorney General; J. Michael Taylor, District Attorney
General; and William Copeland, Assistant District Attorney General,
for the appellee, State of Tennessee.                          

Judge: MCGEE OGLE

First Paragraph:

The appellant, Sybil Baker, was convicted by a Franklin County jury of
one count of aggravated assault, one count of reckless endangerment,
and one count of leaving the scene of an accident involving property
damage.  The trial court properly merged the convictions for
aggravated assault and reckless endangerment and imposed a sentence of
five years to be served in community corrections.  On appeal, the
appellant contends that the evidence is not sufficient to support the
convictions of aggravated assault, reckless endangerment, or leaving
the scene of an accident.  Following a review of the record and the
parties' briefs, we affirm the judgments of the trial court as to the
appellant's convictions and remand for further proceedings consistent
with this opinion.

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

STATE OF TENNESSEE v. JOHN A. CARTER, SR.

Court:TCCA

Attorneys:

C. Dawn Deaner (on appeal), Nashville, Tennessee; and Laura Dykes and
Diane House (at hearing), Nashville, Tennessee, for the Appellant,
John A. Carter, Sr.

Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Derrick Scretchen, Assistant District Attorney General,
for the Appellee, State of Tennessee.                        

Judge: WITT

First Paragraph:

John A. Carter, Sr., was tried and acquitted of second-degree murder
in the Davidson County Criminal Court for the stabbing death of Simon
Doig; he was convicted of the lesser-included offense of reckless
homicide.  At the subsequent sentencing hearing, the trial court
imposed a mid- range, three-year sentence.  Carter claims in this
appeal that the court should have given him a minimum, two-year
sentence.  Because we find no error in the trial court's sentencing
pronouncement, we affirm.

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

STATE OF TENNESSEE v. TIM D. GARDNER

Court:TCCA

Attorneys:

Michael A. Colavecchio, Nashville, Tennessee, for the Appellant.

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 Dent Morriss,
Assistant District Attorney General, for the Appellee, State of
Tennessee.                     

Judge: HAYES

First Paragraph:

A Robertson County jury convicted the Appellant, Tim D. Gardner, of
possession of over 300 grams of cocaine, with intent to sell, a class
A felony.  Gardner raises one issue for our review: whether the
evidence was sufficient to support his conviction.  After review, we
conclude that the proof is sufficient.  Accordingly, the judgment of
conviction is affirmed.

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

STATE OF TENNESSEE v. BILLY F. JOHNSON

Court:TCCA

Attorneys:

Paula Ogle Blair, Nashville, Tennessee, for the appellant, Billy F.
Johnson.

Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; Victor S. Johnson, III,
District Attorney General; and Pamela S. Anderson, Assistant District
Attorney General, for the appellee, State of Tennessee.                        

Judge: TIPTON

First Paragraph:

A Davidson County Criminal Court jury convicted the defendant, Billy
F. Johnson, of first degree premeditated and felony murder and theft
of property valued more than five hundred dollars but less than one
thousand dollars, a Class E felony.  The trial court merged the murder
convictions and sentenced the defendant to life in the Department of
Correction (DOC).  For the theft conviction, the trial court sentenced
the defendant to two years to be served concurrently to the life
sentence.  The defendant appeals, claiming (1) that the evidence is
insufficient to support his premeditated murder and theft convictions;
(2) that the trial court erred by denying his motion to suppress his
confessions; and (3) that the trial court erred by refusing to order
the prosecutor to stop misstating the facts during closing argument. 
We affirm the judgments of the trial court.

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

STATE OF TENNESSEE v. KENDRICK F. LOVE

Court:TCCA

Attorneys:

William M. Harris, Lawrenceburg, Tennessee, for the appellant,
Kendrick F. Love.

Paul G. Summers, Attorney General and Reporter; Christine M. Lapps,
Assistant Attorney General; Michel T. Bottoms, District Attorney
General; Richard H. Dunavant, Jr., Assistant District Attorney
General; and Patrick Butler, Assistant District Attorney General, for
the appellee, State of Tennessee.                    

Judge: WOODALL

First Paragraph:

Defendant, Kendrick F. Love, was indicted by the Giles County Grand
Jury on four counts of delivery of cocaine and four counts of the sale
of cocaine, all Class B felonies.  Defendant was convicted by a jury
of his peers of facilitation of the sale of cocaine, facilitation of
the delivery of cocaine, three counts of the sale of cocaine, and
three counts of delivery of cocaine.  Defendant received a total
effective sentence of twenty-eight years as a Range II multiple
offender.  On appeal, Defendant argues that his sentence is excessive
and that the trial court erred in denying his motion to sever the
offenses.  After a careful review of the record, we affirm the
judgments of the trial court.

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

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