Opinion Flash

March 7, 2003
Volume 9 — Number 041

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
01 New Opinion(s) from the Tennessee Court of Appeals
08 New Opinion(s) from the Tennessee Court of Criminal Appeals
06 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


MASON MANOR APARTMENTS v. TAWANA ANTHONY

Court:TCA

Attorneys:  

Mary C. Mayham, Covington, For Appellant, Tawana Anthony

T.D. Forrester, Covington, For Appellee, Mason Manor Apartments                        

Judge: CRAWFORD

First Paragraph:

Appellee, a privately owned, government subsidized apartment complex,
filed an unlawful detainer action seeking to evict Appellant for
numerous infractions of the lease.  On the same day that the action
was filed, Appellee had given Notice to Vacate to Appellant.  The
Notice to Vacate gave Appellant thirty (30) days to vacate the
apartment.  The General Sessions Court of Tipton County and the
Circuit Court of Tipton County, on appeal, entered judgment for
possession in favor of Appellee.  Appellant appeals on the basis that
the unlawful detainer action was filed prematurely in light of the
additional thirty (30) days given by the Notice to Vacate.  We reverse
and remand.

http://www.tba.org/tba_files/TCA/masonman.wpd
								
STATE OF TENNESSEE v. JARED MICHAEL CHRISTEIN Corrected Opinion Court:TCCA Attorneys: Mark D. Slagle, Johnson City, Tennessee, for the appellant, Jared Michael Christein. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Doug Godbee, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: MCGEE OGLE First Paragraph: The appellant, Jared Michael Christein, was convicted by a jury in the Sullivan County Criminal Court of second degree murder, felony murder, and especially aggravated robbery. The appellant's second degree murder conviction was merged into his felony murder conviction and he was sentenced to life imprisonment in the Tennessee Department of Correction. The trial court also sentenced the appellant to twenty-five years incarceration for the especially aggravated robbery conviction. On appeal, the appellant raises the following issues for our review: whether sufficient evidence existed to support his convictions and whether the trial court properly charged the jury on the appropriate lesser-included offenses. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/christeinjcorrex.wpd
STATE OF TENNESSEE v. ROGER D. HARRISON Court:TCCA Attorneys: Judson W. Phillips, Franklin, Tennessee, for the Appellant, Roger D. Harrison. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Christine M. Lapps, Assistant Attorney General; Roger L. Davis, District Attorney General; and Matt Colvard, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Roger D. Harrison, was convicted, following a bench trial, of DUI, second offense. On appeal, Harrison challenges his conviction upon grounds that: (1) the trial court erred by denying his motion to suppress evidence of driving under the influence because there was insufficient probable cause to stop his vehicle and his pre-arrest period of detention was excessive and unreasonable, and (2) the evidence was insufficient to support his conviction. Although not raised as an issue on appeal, we find it necessary to address the question of whether a federal law enforcement officer, when acting beyond his assigned federal duties and jurisdiction, may lawfully stop or seize a person who commits a state traffic offense in his presence. After review, we find the federal officer in this case had state authority to stop Harrison's vehicle. Moreover, finding Harrison's issues on appeal without merit, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/harrisonrogerd.wpd
STATE OF TENNESSEE v. CHARLES DAVID LONG Court:TCCA Attorneys: Robert S. Peters, Winchester, Tennessee, for the appellant, Charles David Long. Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr., Assistant Attorney General; J. Michael Taylor, District Attorney General; and Steven M. Blount, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: Upon his plea of guilty, the Defendant was convicted of operating a motor vehicle after having been ordered not to under the terms of the Motor Vehicle Habitual Offenders Act. For this Class E felony, the Defendant was sentenced as a Range II multiple offender to serve four years in the Department of Correction. In this appeal, the Defendant argues that the trial court erred by not allowing his sentence to be served in community corrections. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/longcd.wpd
STATE OF TENNESSEE v. STEVE PAIGE Court:TCCA Attorneys: Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr., Assistant Attorney General; William L. Gibbons, District Attorney General; Mike Davis, Assistant District Attorney General; and David Zak, Assistant District Attorney General, for the appellant, State of Tennessee. Steven W. Pittman, Memphis, Tennessee, for the appellee, Steve Paige. Judge: WOODALL First Paragraph: In an indictment returned by the Shelby County Grand Jury on August 9, 2001, Defendant, Steve Paige, was charged with two counts of aggravated assault. The indictment alleged that both offenses occurred on January 16, 1999. At a hearing on December 6, 2001, the criminal court, sua sponte, dismissed the indictment because of the State's failure to prosecute. In its order of dismissal, the criminal court found that Defendant was arrested on January 16, 1999, the case was bound over to the grand jury on May 25, 1999, but he was not indicted until twenty-seven months later. The trial court further found that Defendant was arraigned on November 13, 2001, but the State did not have a file on the case and it had to be continued twice for that reason. When the case was called on December 6, 2001, the State could still not produce a file on the case. Accordingly, the trial court dismissed the case with prejudice for the State's failure to prosecute pursuant to Rule 48(b) of the Tennessee Rules of Criminal Procedure. The State appealed. After review, we affirm the trial court's order dismissing the case, but reverse that portion of the order dismissing the case with prejudice, and remand this case for the trial court to enter an amended order dismissing the case without prejudice. http://www.tba.org/tba_files/TCCA/paigesteve.wpd
STATE OF TENNESSEE v. ROBERT A. SISSON Court:TCCA Attorneys: Joseph S. Ozment, Memphis, Tennessee, for appellant, Robert A. Sisson. Paul G. Summers, Attorney General & Reporter; Braden H. Boucek, Assistant Attorney General; William L. Gibbons, District Attorney General; and James Powell, Assistant District Attorney General, for appellee, State of Tennessee. Judge: SMITH First Paragraph: The appellant, Robert A. Sisson, pleaded guilty to third offense driving under the influence of an intoxicant and was sentenced to eleven months and twenty-nine days with actual incarceration for 120 days followed by probation. The appellant, pursuant to Tennessee Rule of Appellate Procedure 37(b)(2)(i), reserved a certified question of law for appeal to this court. That question is whether the 1998 amendments to Tennessee Code Annotated section 55-10-403(a)(1) regarding penalties for D.U.I. convictions violate the ex-post facto and/or due process clauses of the federal and state constitutions. Those amendments increase from ten to twenty years the age of prior D.U.I. convictions that may be used to enhance D.U.I. penalties. Because we find that the defendant committed the instant offense after the effective date of the amendments in question, we find no ex- post facto or due process violations occurred in this case. The judgment of conviction is therefore affirmed. http://www.tba.org/tba_files/TCCA/sissonrobert.wpd
STATE OF TENNESSEE v. MARTEL THOMAS Court:TCCA Attorneys: Lance R. Chism, Memphis, Tennessee, for the appellant, Martel Thomas. Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr., Assistant Attorney General; William L. Gibbons, District Attorney General; and Glenn Baity, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Appellant, Martel Thomas, filed a petition pursuant to Tennessee Code Annotated section 55-10- 615(c), in which he moved the Criminal Court of Shelby County to restore his privilege to operate a motor vehicle in Tennessee. In 1994, Appellant had been declared an Habitual Motor Vehicle Offender. In his petition, which is the subject of this appeal, Appellant alleged that he did not have the requisite number of prior convictions to establish his status as an Habitual Motor Vehicle Offender. The trial court denied the petition and this appeal followed. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/thomasmartel.wpd
STATE OF TENNESSEE v. LOUIS G. TURNER Court:TCCA Attorneys: Cynthia M. Fort (on appeal) and G. Wayne Davis (at trial), Nashville, Tennessee, for the appellant, Louis G. Turner. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Jason W. Lawless and Lisa Naylor, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant challenges the sufficiency of the evidence after being convicted by a Davidson County jury of premeditated first degree murder and sentenced to life imprisonment. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/turnerlouis.wpd
STATE OF TENNESSEE v. RICKY WOODS Court:TCCA Attorneys: Clifford K. McGown, Jr., Waverly, Tennessee (on appeal); George Morton Googe, District Public Defender; and Stephen P. Spracher, Assistant District Public Defender (at trial and on appeal), for the appellant, Ricky Woods. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; and Jody S. Pickens, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: A Madison County jury convicted the defendant, Ricky Woods, of aggravated burglary, theft of property valued over $500, and vandalism of property under $500. The trial court sentenced the defendant as a Range II multiple offender for the convictions for aggravated burglary and theft and imposed concurrent sentences of eight years for aggravated burglary, three years for theft, and eleven months and twenty-nine days for vandalism. On appeal, the defendant contends (1) the evidence was insufficient to support the convictions; and (2) the sentences are excessive. We affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/woodsricky.wpd
Interpretation of Tenn. Code Ann. SS 63-8-101, et seq. Date: February 24, 2003 Opinion Number: 03-021 http://www.tba.org/tba_files/AG/2003/OP21.pdf
Licensure Requirements and Powers of Private Security Officers Who Work for a Security Company Contracting With Federal, State or Local Governments. Date: February 25, 2003 Opinion Number: 03-022 http://www.tba.org/tba_files/AG/2003/OP22.pdf
Extraterritorial Zoning by Memphis and Shelby County under Growth Law Date: February 25, 2003 Opinion Number: 03-023 http://www.tba.org/tba_files/AG/2003/OP23.pdf
Blount County Ordinance Date: March 3, 2003 Opinion Number: 03-024 http://www.tba.org/tba_files/AG/2003/OP24.pdf
Annual Event for Several 501(c)(3) Organizations Date: March 5, 2003 Opinion Number: 03-025 http://www.tba.org/tba_files/AG/2003/OP25.pdf
Charitable Lotteries: "Annual Event" Date: March 5, 2003 Opinion Number: 03-026 http://www.tba.org/tba_files/AG/2003/OP26.pdf

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