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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