Opinion Flash

March 20, 2003
Volume 9 — Number 050

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
03 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


MARGARET WIGHTMAN v. TRUMAN D. CLOUSE and wife, BETTY SUE CLOUSE, and
DOUGLAS CLOUSE

Court:TCA

Attorneys: 

Henry D. Fincher, Cookeville, Tennessee, for Appellants.

Proctor Upchurch, Crossville, Tennessee, for Appellee.                         

Judge: FRANKS

First Paragraph:

The Trial Court held plaintiff was entitled to use roadway across
defendants' land.  On appeal, we affirm.

http://www.tba.org/tba_files/TCA/wightmanm.wpd
								
								
GABRIEL BRYAN BAGGETT v. STATE OF TENNESSEE Court:TCCA Attorneys: Michael A. Colavecchio, Nashville, Tennessee, for the appellant, Gabriel Bryan Baggett. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, 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: GLENN First Paragraph: The petitioner, Gabriel Bryan Baggett, pled guilty to second degree murder and especially aggravated robbery, receiving sentences of fifty years and twenty-five years, respectively, at 100%. He filed a petition for post-conviction relief, alleging ineffective assistance of counsel and that his pleas of guilty were involuntary. Following a hearing, the post-conviction court dismissed the petition, and this appeal followed. We affirm the order of the post-conviction court dismissing the petition. http://www.tba.org/tba_files/TCCA/baggettgabrielb.wpd
STATE OF TENNESSEE v. JERRY LEE MILLER, SR. Court:TCCA Attorneys: Leslie Hale, Blountville, Tennessee (at trial); and Julie A. Rice, Knoxville, Tennessee (on appeal), for the Appellant, Jerry Lee Miller. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; H. Greeley Welles, Jr., District Attorney General; and Teresa M. Smith, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: Jerry Lee Miller, Sr. appeals from the Sullivan County Criminal Court's imposition of incarcerative sentencing for his effective five-year sentence for two counts of statutory rape. Miller pleaded guilty to the offenses as a Range II offender, and the manner of service of the sentence was reserved for the lower court's determination. Miller posits on appeal that he should have been afforded a sentence involving either split confinement or straight probation. We disagree, however, and affirm. http://www.tba.org/tba_files/TCCA/millerjerrylee.wpd
STATE OF TENNESSEE v. LEON J. ROBINS and TABATHA R. WHITE Court:TCCA Attorneys: John E. Rodgers, Jr., Nashville, Tennessee, for the appellant, Leon J. Robins; and David P. Byrne and Charles E. Sizemore, Nashville, Tennessee, for the appellant, Tabatha R. White. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Bret T. Gunn, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendants, Leon J. Robins and Tabatha R. White, both were convicted of first degree premeditated murder and sentenced to life imprisonment. In their appeals, they argue that the evidence was insufficient to sustain their convictions for first degree murder; the trial court should have instructed as to the lesser offenses of voluntary manslaughter and facilitation to commit voluntary manslaughter; evidence of a photographic lineup was improperly admitted; and the trial court improperly admitted Robins' mugshots as exhibits and improperly limited the cross- examination of a prosecution witness as to prior bad acts. Based upon our review of the record, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/robinsleon.wpd
School Fees; "Debt" for the Purposes of Tenn. Code Ann. S 49-1-302 (a)(14) Date: March 14, 2003 Opinion Number: 03-027 http://www.tba.org/tba_files/AG/2003/OP27.pdf
Allocation of fine and court cost payments in criminal cases to the Drug Court Fund Date: March 14, 2003 Opinion Number: 03-028 http://www.tba.org/tba_files/AG/2003/OP28.pdf

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