Opinion Flash
March 27, 2003
Volume 9 — Number 055
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 |
| 15 |
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
STATE OF TENNESSEE, DEPARTMENT OF HUMAN SERVICES, EX REL., TENNESSEE
DEPARTMENT OF CHILDREN'S SERVICES v. DEBRA WILSON, et al.
Court:TCA
Attorneys:
Paul G. Summers, Attorney General & Reporter, and Stuart F.
Wilson-Patton, Senior Counsel, for the appellant, State of Tennessee
Department of Human Services ex rel., Tennessee Department of
Children's Services.
Debra Wilson, Pro se.
Woodrow Wilson, Pro se.
Judge: FARMER
First Paragraph:
This case involves the State's request that the parents of a minor
child taken into the State's custody pay child support retroactive to
the date the child was taken into custody. The State did not request
such support until almost two years after the child was taken into
custody. The trial court refused to grant the State support beyond
the date of the filing of the petition requesting support. We affirm,
as modified.
http://www.tba.org/tba_files/TCA/wilsond_opn.wpd
STATE OF TENNESSEE, DEPARTMENT OF HUMAN SERVICES, EX REL., TENNESSEE
DEPARTMENT OF CHILDREN'S SERVICES v. DEBRA WILSON, et al.
Court:TCA
COTTRELL DISSENTING
http://www.tba.org/tba_files/TCA/wilsond_dis.wpd
STATE OF TENNESSEE v. KENNETH RUSSELL AMICK
Court:TCCA
Attorneys:
David A. Doyle, District Public Defender, for the appellant, Kenneth
Russell Amick.
Paul G. Summers, Attorney General and Reporter; Christine M. Lapps,
Assistant Attorney General; Lawrence Ray Whitley, District Attorney
General; and Sallie Wade Brown, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: RILEY
First Paragraph:
The defendant challenges the revocation of his probation by the Sumner
County Criminal Court. We affirm.
http://www.tba.org/tba_files/TCCA/amickkenneth.wpd
STATE OF TENNESSEE v. GUADALUPE ARROYO, ALIAS
Court:TCCA
Attorneys:
Glen B. Rutherford, Knoxville, Tennessee, for the appellant, Guadalupe
Arroyo.
Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; Philip H. Morton, Assistant District Attorney General, for
the appellee, State of Tennessee.
Judge: MCGEE OGLE
First Paragraph:
The appellant, Guadalupe Arroyo, entered guilty pleas to two counts of
vehicular homicide by intoxication, Class B felonies. The trial court
sentenced the appellant on each count to twelve years incarceration in
the Tennessee Department of Correction and ordered that the sentences
be served consecutively. On appeal, the appellant contends that the
trial court erred in imposing the maximum sentences and in ordering
the sentences to be served consecutively. Upon review of the record
and the parties' briefs, we affirm the convictions of vehicular
homicide; however, finding error in the trial court's sentencing
determinations, we remand for resentencing.
http://www.tba.org/tba_files/TCCA/arroyog.wpd
STATE OF TENNESSEE v. HOMER FRANK BEAVERS
Court:TCCA
Attorneys:
Mike A. Little, Chattanooga, Tennessee, for the appellant, Homer Frank
Beavers.
Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; William H. Cox, District Attorney General;
and Carl Huskins, Assistant District Attorney General, for the
appellee, State of Tennessee.
Judge: MCGEE OGLE
First Paragraph:
The appellant, Homer Frank Beavers, pled guilty in the Hamilton County
Criminal Court to two counts of aggravated assault and one count of
assault. The trial court sentenced the appellant as a standard Range
I offender to a total effective sentence of five years incarceration
in the Tennessee Department of Correction. The trial court denied the
appellant's request for probation and the appellant appealed to this
court. Upon review of the record and the parties' briefs, we affirm
the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/beavershf.wpd
STATE OF TENNESSEE v. RACHEL N. BENNETT
Court:TCCA
Attorneys:
C. Diane Crosier, Franklin, Tennessee, for the appellant, Rachel N.
Bennett.
Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; Ronald L. Davis, District Attorney
General; and Derek K. Smith and Mary Katharine White, Assistant
District Attorneys General, for the appellee, State of Tennessee.
Judge: MCGEE OGLE
First Paragraph:
The appellant, Rachel N. Bennett, pled guilty in the Williamson County
Circuit Court to eighteen felony offenses. The trial court sentenced
the appellant to a total effective sentence of nine years
incarceration in the Tennessee Department of Correction. On appeal,
the appellant contests the trial court's imposition of consecutive
sentencing. Upon review of the record and the parties' briefs, we
affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/bennettr.wpd
STATE OF TENNESSEE v. CONSUELA P. CARTER
Court:TCCA
Attorneys:
Russ F. Eagle, Murfreesboro, Tennessee, for the appellant, Consuela P.
Carter.
Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; William C. Whitesell, Jr., District
Attorney General, for the appellee, State of Tennessee.
Judge: TIPTON
First Paragraph:
The defendant, Consuela P. Carter, appeals the Rutherford County
Circuit Court's denial of full probation for her conviction for
possessing with intent to sell less than one-half gram of cocaine, a
Class C felony. She was sentenced to five years, with probation after
serving nine months. We affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/carterconsuelap.wpd
STATE OF TENNESSEE v. GARY S. GREVE
Court:TCCA
Attorneys:
Leonard M. Caputo, Chattanooga, Tennessee, for the appellant, Gary S.
Greve.
Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney,
Assistant Attorney General; and Carl Huskins, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: WADE
First Paragraph:
The defendant, Gary S. Greve, was convicted after a bench trial of
driving under the influence. See Tenn. Code Ann. S 55-10-401. The
trial court imposed a sentence of eleven months, twenty- nine days,
with all but forty-eight hours suspended. In this appeal as of right,
the defendant contends that his initial stop by police was not
supported by reasonable suspicion. The judgment is affirmed.
http://www.tba.org/tba_files/TCCA/grevegarys.wpd
STATE OF TENNESSEE v. DAVID L. GROOM
Court:TCCA
Attorneys:
Mark C. Scruggs, Nashville, Tennessee, for the appellant, David L.
Groom.
Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Robert E. McGuire, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: RILEY
First Paragraph:
The defendant, David L. Groom, pled guilty to driving under the
influence, reserving a certified question of law. On appeal, the
defendant contends, pursuant to the certified question of law, that
the trial court erred in denying his motion to suppress evidence
resulting from an unlawful arrest or seizure. We affirm the judgment
of the trial court.
http://www.tba.org/tba_files/TCCA/groomdavid.wpd
LEONARD HUTCHISON and JAMES HARPER v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger,
Assistant Attorney General; and John A. Bobo, Jr., Attorney General
Pro Tem, for the appellant, State of Tennessee.
Mark E. Stephens, District Public Defender (on appeal), and Robert C.
Edwards, Assistant District Public Defender (on appeal and at trial),
for the appellee, Leonard Hutchison.
J. Liddell Kirk, Knoxville, Tennessee, for the appellee, James Harper.
Judge: WADE
First Paragraph:
The post-conviction court granted each of the petitioners
post-conviction relief on the grounds that the state had violated the
requirements of Brady v. Maryland, 373 U.S. 83 (1963), by failing to
disclose an exculpatory FBI laboratory report and an exculpatory
witness statement. In this appeal of right, the state contends (1)
that Harper's petition is barred by the applicable statute of
limitations; (2) that the trial court erred by permitting the
petitioners to amend their petitions and allege new grounds after a
remand from this court; (3) that the trial court erred by determining
that the state suppressed the FBI laboratory reports and a witness
statement; and (4) that Hutchison received the effective assistance of
counsel at trial, an alternative ground for relief asserted by
Hutchison. In response to the state's appeal, the petitioners assert
that the trial court erred by excluding from evidence the affidavit of
a juror which would demonstrate that the FBI lab reports would have
created reasonable doubt. The judgment is affirmed.
http://www.tba.org/tba_files/TCCA/hutchisonharper.wpd
GARCIA FLORES ISODORO v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Garcia Flores Idodoro, Only, Tennessee, Pro Se.
Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; Victor S. Johnson, District Attorney
General; and Dan Hamm, Assistant District Attorney General, for the
appellee, State of Tennessee.
Judge: WELLES
First Paragraph:
The Defendant, Garcia Flores Isidoro, filed for post-conviction
relief, which was denied without a hearing as being untimely filed.
The Defendant now appeals as of right. We affirm the judgment of the
trial court.
http://www.tba.org/tba_files/TCCA/isodorogf.wpd
STATE OF TENNESSEE v. WILLIAM RHEA JACKSON
Court:TCCA
Attorneys:
Jeffrey A. DeVasher, Assistant Public Defender, Nashville, Tennessee,
for the appellant, William Rhea Jackson.
Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; Victor S. Johnson, District
Attorney General; and Renee Erb and Kristen Shea, Assistant District
Attorneys General, for the appellee, State of Tennessee.
Judge: WELLES
First Paragraph:
The Defendant, William Rhea Jackson, was convicted by a jury of
aggravated burglary, robbery, misdemeanor theft, attempted rape,
aggravated kidnapping, and two counts of rape. The trial court
sentenced the Defendant to an effective term of thirty-four years in
the Department of Correction. In this direct appeal, the Defendant
raises eight issues: (1) whether the trial court erred in denying his
motion to suppress his statement to the police; (2) whether the trial
court erred in admitting certain testimony concerning fingerprints;
(3) whether the trial court erred in admitting hearsay testimony about
the victim's response to a photographic line-up; (4) whether the
Defendant was entitled to a mistrial due to statements made by the
prosecutor during closing argument; (5) whether the evidence is
sufficient to support his convictions; (6) whether the conviction for
aggravated kidnapping violates due process under State v. Anthony; (7)
whether the trial court properly instructed the jury concerning
lesser-included offenses; and (8) whether the Defendant's sentences
are excessive. Because the trial court committed reversible error
when it failed to instruct the jury on all of the lesser-included
offenses of the indicted offenses of robbery and aggravated rape, we
reverse and remand for retrial the Defendant's convictions of robbery
and rape. In all other respects, we affirm the judgment of the trial
court.
http://www.tba.org/tba_files/TCCA/jacksonwr.wpd
STATE OF TENNESSEE v. WALLACE JONES
Court:TCCA
Attorneys:
Eddie Taylor, Hartsville, Tennessee, for the appellant, Wallace Jones.
Paul G. Summers, Attorney General and Reporter; Kim R. Helper,
Assistant Attorney General; Tom P. Thompson, Jr., District Attorney
General; and Robert N. Hibbett, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: WOODALL
First Paragraph:
In a four-count indictment, Defendant, Wallace Jones, was charged with
statutory rape, sexual battery, contributing to the delinquency of a
minor, and exhibition of material harmful to a minor. He applied for
pre-trial diversion, which the district attorney general declined to
grant. Defendant filed a petition for writ of certiorari, and
following a hearing, the trial court entered an order denying
Defendant's request to be placed on pre-trial diversion. Defendant
filed a motion for an interlocutory appeal pursuant to Rule 9 of the
Tennessee Rules of Appellate Procedure, which was granted by the trial
court and this court. On appeal, the State concedes that the district
attorney abused his discretion and that the judgment of the trial
court should be reversed and this case remanded to the district
attorney general to properly consider all facts pursuant to State v.
Bell, 69 S.W.3d 171 (Tenn. 2002). We agree. Accordingly, the
judgment of the trial court is reversed and this case is remanded to
the district attorney general to consider and weigh all relevant
factors to the pre-trial diversion determination. Furthermore, we
conclude that the trial judge should be recused from further
proceedings in this matter.
http://www.tba.org/tba_files/TCCA/joneswallace.wpd
STATE OF TENNESSEE v. BUREN EFFORD LANEY
Court:TCCA
Attorneys:
Richard A. Spivey, Kingsport, Tennessee, for the Appellant, Buren
Efford Laney.
Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and B. Todd Martin, Assistant District Attorney General, for
the Appellee, State of Tennessee.
Judge: WITT
First Paragraph:
Buren E. Laney, convicted on his guilty plea to the offense of
violation of an habitual traffic offender order, appeals from the
lower court's imposition of a six-year incarcerative sentence.
Because we disagree with Laney, a career offender, that the sentence
imposed was improper, we affirm.
http://www.tba.org/tba_files/TCCA/laneyburenefford.wpd
CONNIE PARSONS v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Connie Parsons, Nashville, Tennessee, Pro se.
Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General, for the appellee, State of Tennessee.
Judge: MCGEE OGLE
First Paragraph:
The petitioner, Connie Parsons, pled guilty to two counts of criminal
responsibility for facilitation of rape of a child and was sentenced
to an effective sentence of twenty years in the Tennessee Department
of Correction. On September 17, 2001, the petitioner filed pro se in
the Davidson County Circuit Court a petition for habeas corpus relief,
alleging that the trial court impermissibly interfered in the plea
negotiations and, thus, her convictions were void. The habeas corpus
court dismissed the petition and the petitioner timely appealed. Upon
review of the record and the parties' briefs, we affirm the judgment
of the habeas corpus court.
http://www.tba.org/tba_files/TCCA/parsonsc.wpd
STATE OF TENNESSEE v. JESSE DAVID TEASLEY
Court:TCCA
Attorneys:
Bruce E. Poston, Knoxville, Tennessee, for the appellant, Jesse David
Teasley.
Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Patricia Cristil, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: WEDEMEYER
First Paragraph:
The Defendant appeals from the Knox County Criminal Court's revocation
of his probation. He contends that the trial court abused its
discretion in revoking his probation and ordering him to serve the
remainder of his sentences in confinement. We affirm the judgment of
the trial court.
http://www.tba.org/tba_files/TCCA/teasleyjd.wpd
STATE OF TENNESSEE v. JOHNNIE C. WEEMS
Court:TCCA
Attorneys:
Roger Eric Nell, District Public Defender, for the appellant, Johnnie
C. Weems.
Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assistant Attorney General; John Wesley Carney, Jr., District Attorney
General; and B. Dent Morriss, Assistant District Attorney General, for
the appellee, State of Tennessee.
Judge: RILEY
First Paragraph:
The defendant, Johnnie C. Weems, pled nolo contendere to three
separate counts of Class C felony vehicular homicide, was sentenced as
a Range I standard offender to five years on each count to run
concurrently, and was denied alternative sentencing. On appeal, he
contends the sentences are excessive and the trial court erred in
denying alternative sentencing. We affirm the judgments of the trial
court.
http://www.tba.org/tba_files/TCCA/weemsjohnnie.wpd
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