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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Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.

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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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