Opinion Flash
March 24, 2003
Volume 9 — Number 052
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 |
| 02 |
New Opinion(s) from the Tennessee Court of Appeals |
| 06 |
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
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS
Court:TSC - Rules
http://www.tba.org/tba_files/TSC_Rules/certlist_0324.wpd
RICK ALLEN WILLIAMS, v. ANGELA WILLIAMS
Court:TCA
Attorneys:
J. Shannon Garrison, Dayton, Tennessee, for Appellant.
Carol Ann Barron, Dayton, Tennessee, for Appellee.
Judge: FRANKS
First Paragraph:
The Trial Court in this divorce action, granted the parties a divorce
and divided marital property. The husband appeals, seeking additional
marital property. We affirm.
http://www.tba.org/tba_files/TCA/williamsr.wpd
BEN H. WILSON, WILLIAM C. WILSON, HELEN WILSON WARD, MONTIE WILSON
ANDERSON, JOYCE PARVIN DANIELS, and LINDA WILSON BAILEY, v. KATE
WILSON WARD, JAMES L. WILSON, BILLY WILSON, SHIRLEY GREGG and JOANNE
SWECKER
Court:TCA
Attorneys:
Sandra Lee Stanbery, Greeneville, Tennessee, for Appellants Kate
Wilson Ward, Shirley Gregg and Joanne Swecker.
Roger A. Woolsey, Greeneville, Tennessee, for Appellees.
Judge: FRANKS
First Paragraph:
The Trial Court, exercising its equitable powers, ordered property
sold and proceeds distributed in accordance with the terms of a Will
in an estate closed in 1982. On appeal, we affirm.
http://www.tba.org/tba_files/TCA/wilsonb.wpd
STATE OF TENNESSEE v. CHRISTOPHER G. GREENWOOD
Court:TCCA
Attorneys:
Kenneth Quillen, Nashville, Tennessee, for the appellant, Christopher
G. Greenwood.
Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Ronald L. Davis, District Attorney
General; and Georgia B. Felner, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: RILEY
First Paragraph:
The defendant was convicted of driving under the influence of an
intoxicant with a blood alcohol content of .10% or more, third
offense. On appeal, he contends: (1) the trial court erred in denying
his motion for a mistrial after the jury heard evidence of other
crimes committed by the defendant; (2) the trial court erred in
barring testimony of the arresting officer that he opined the
defendant's blood alcohol content was rising at the time of the blood
withdrawal; and (3) the evidence was insufficient to support the
conviction because the state presented no evidence extrapolating his
.12% test result back to the time he was driving. We affirm the
judgment of the trial court.
http://www.tba.org/tba_files/TCCA/greenwoodc.wpd
STATE OF TENNESSEE v. KEITH DWAYNE GUTHRIE
Court:TCCA
ORDER - Filed March 19, 2003
http://www.tba.org/tba_files/TCCA/guthrie_ord.wpd
STATE OF TENNESSEE v. JUSTIN GENEL HILL
Court:TCCA
Attorneys:
John M. Miles, Union City, Tennessee, for appellant, Justin Genel
Hill.
Paul G. Summers, Attorney General & Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; Thomas A. Thomas, District Attorney
General; and Jim Cannon, Assistant District Attorney General, for
appellee, State of Tennessee.
Judge: SMITH
First Paragraph:
An Obion County grand jury indicted the defendant, Justin Genel Hill,
of two counts of first degree murder and one count of conspiracy to
commit first degree murder. In a separate indictment, Clarence
Carnell Gaston, Miqwon Deon Leach, and Mario Deangelo Thomas were also
charged with crimes arising out of the same criminal episode. The
defendant and these three men were tried in a single jury trial. The
jury found Gaston, Leach, and Thomas guilty of conspiracy to commit
first degree murder, second degree murder, and first degree felony
murder and found the defendant guilty of facilitation to commit second
degree murder. See State v. Clarence Carnell Gaston, No. W2001-
02046-CCA-R3-CD, 2003 WL 261941, at *1 (Tenn. Crim. App. at Jackson,
Feb. 7, 2003). For the defendant's conviction, the trial court
sentenced him to serve a ten-year sentence in the Department of
Corrections. The defendant now brings this appeal of his conviction,
alleging that the evidence introduced at trial is insufficient to
support his conviction. After reviewing the record and applicable
law, we find that the defendant's allegation lacks merit and
accordingly affirm the defendant's conviction.
http://www.tba.org/tba_files/TCCA/hilljustin.wpd
STATE OF TENNESSEE v. ROBERT JOHNSON
Court:TCCA
Attorneys:
Robert Little, Memphis, Tennessee, for the appellant, Robert Johnson.
Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Stephen P. Jones, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: MCGEE OGLE
First Paragraph:
The appellant, Robert Johnson, was found guilty in the Shelby County
Criminal Court of forgery and was sentenced to six years
incarceration. On appeal, the appellant contests evidentiary rulings
of the trial court and the sufficiency of the evidence supporting his
conviction. Concluding that the appellant's arguments have no merit,
we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/johnsonr1.wpd
ROBERT DALLIS PAYNE v. STATE OF TENNESSEE
Court:TCCA
ORDER - Filed March 21, 2003
http://www.tba.org/tba_files/TCCA/paynerobertrule20_ord.wpd
STATE OF TENNESSEE v. COLICO WALLS
Court:TCCA
Attorneys:
A.C. Wharton, Jr., District Public Defender (of counsel on appeal);
and W. Mark Ward (on appeal), Brent Walker (at trial), and Michael
Johnson (at trial), Assistant District Public Defenders, for the
appellant, Colico Walls.
Paul G. Summers, Attorney General & Reporter; Thomas E. Williams III,
Assistant Attorney General; and Steve Jones, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: WADE
First Paragraph:
The defendant, Colico Walls, was convicted of aggravated robbery and
aggravated assault. The trial court imposed a Range I sentence of 11
years for the aggravated robbery and a Range II sentence of 10 years
for the aggravated assault. The sentences were ordered to be served
consecutively. In this appeal of right, the defendant challenges the
sufficiency of the evidence. The judgment is affirmed as to the
aggravated robbery. The aggravated assault is modified to simple
assault, a Class A misdemeanor, having an 11-month, 29-day sentence.
The sentences, as modified, shall be served consecutively.
http://www.tba.org/tba_files/TCCA/wallsc1.wpd
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