Opinion Flash
March 31, 2003
Volume 9 — Number 057
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 |
| 01 |
New Opinion(s) from the Tennessee Court of Appeals |
| 08 |
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_0331.wpd
LARRY EUGENE BENTON v. THE VANDERBILT UNIVERSITY
Court:TCA
Attorneys:
Robert J. Walker, John S. Bryant, and Clisby Hall Barrow, Nashville,
Tennessee, for the appellant, The Vanderbilt University.
Phillip L. Davidson, Nashville, Tennessee, and Earle J. Schwarz,
Memphis, Tennessee, for the appellee, Larry Eugene Benton.
Judge: LILLARD
First Paragraph:
This is a case of first impression regarding the enforceability of an
arbitration agreement against a third party. The plaintiff was a
passenger in an automobile accident and was treated at the defendant
hospital. The hospital filed a statutory hospital lien against any
proceeds the plaintiff might recover in any lawsuit arising out of the
car accident. The plaintiff later successfully sued the tortfeasor
for the injuries he sustained in the accident. Thereafter, the
hospital sought to recover under its lien for the balance of the
plaintiff's medical bills that were not paid to the hospital by the
plaintiff's insurance carrier. The plaintiff filed this action
against the hospital, claiming that the hospital's practice of
balance billing violates the institution agreement between the
hospital and the plaintiff's insurance carrier. The hospital filed a
motion in the trial court to compel arbitration, pursuant to an
arbitration provision contained in the institution agreement. The
trial court denied that motion. The hospital now appeals the denial
of its motion to compel arbitration. We reverse, concluding that the
plaintiff, a third-party beneficiary to the institution agreement
seeking to enforce his rights under that agreement, is bound by the
arbitration provision contained within that agreement.
http://www.tba.org/tba_files/TCA/bentonlarrye.wpd
STATE OF TENNESSEE v. JAMES THOMAS ERWIN
Court:TCCA
Attorneys:
David Neal Brady, District Public Defender, and H. Marshall Judd,
Assistant Public Defender, for the appellant, James Thomas Erwin.
Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; William Edward Gibson, District Attorney
General; and John A. Moore and David A. Patterson, Assistant District
Attorneys General, for the appellee, State of Tennessee.
Judge: WILLIAMS
First Paragraph:
The defendant contends the trial court erred in sentencing him to
eleven years for a Class B felony of selling a Schedule II controlled
substance, instead of the presumptive minimum sentence of eight years.
The defendant also contends the trial court erred in ordering his
sentences to run consecutive to a sentence in another county. Absent
a sentencing hearing transcript, we conclude the record is inadequate
for appellate review, and we must presume the sentences imposed for
the Class B felony are correct. Moreover, we note the judgment forms
reflect the defendant was sentenced to eleven years on two additional
Class C felony convictions of selling less than .5 grams of a Schedule
II controlled substance. These sentences exceed the statutory range
of punishment prescribed for Class C felonies and are illegal. We
affirm the judgment from the trial court as related to the defendant's
Class B felony convictions and remand the defendant's two Class C
felony convictions for correction or for resentencing within the
proper statutory range of punishment.
http://www.tba.org/tba_files/TCCA/erwinjt.wpd
STATE OF TENNESSEE v. CURTIS HALLIMAN
Court:TCCA
Attorneys:
John H. Henderson, Franklin, Tennessee, for the Appellant, Curtis
Halliman.
Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; Ronald L. Davis, District Attorney
General; and Matthew Colvard, Assistant District Attorney General, for
the Appellee, State of Tennessee.
Judge: WITT
First Paragraph:
Following the defendant's guilty pleas to the offenses of theft over
$1,000 and burglary, both Class D felonies, the trial court sentenced
him to concurrent three-year terms in the Department of Correction.
In this appeal, the defendant posits that minimum, two-year terms of
probation, Community Corrections, or split confinement are more
appropriate measures. We disagree, however, and affirm.
http://www.tba.org/tba_files/TCCA/hallimancurtis.wpd
EUGENE JOSEPH KOVALSKY v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Kristi M. Davis, Knoxville, Tennessee, for the appellant, Eugene
Joseph Kovalsky.
Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan,
Assistant Attorney General; C. Berkeley Bell, Jr., District Attorney
General; and J. Douglas Godbee and Jack T. Marecic, Assistant District
Attorneys General, for the appellee, State of Tennessee.
Judge: GLENN
First Paragraph:
The petitioner appeals the denial of post-conviction relief from his
conviction for voluntary manslaughter, arguing that the
post-conviction court erred in finding that his guilty plea was
knowing and voluntary and that he received the effective assistance of
trial counsel. Following our review, we affirm the denial of the
petition.
http://www.tba.org/tba_files/TCCA/kovalskyeugene.wpd
RICHARD LEONARD MENDOZA v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
David L. Raybin and Jacqueline B. Dixon, Nashville, Tennessee, for the
Appellant, Richard Leonard Mendoza.
Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Philip H. Wehby, Assistant District Attorney General, for
the Appellee, State of Tennessee.
Judge: WITT
First Paragraph:
The petitioner, Richard Leonard Mendoza, appeals the denial of his
petition for post-conviction relief, which alleged ineffective
assistance of counsel in connection with his guilty pleas to
aggravated sexual battery and that his guilty pleas were involuntary.
Additionally, he insists that the post-conviction court erroneously
denied funding for expert psychological services at the post-
conviction level. After a thorough review of the record, we are
unpersuaded that the post-conviction court's rulings, findings and
conclusion are anything other than proper, and we affirm the judgment.
http://www.tba.org/tba_files/TCCA/mendozarichard.wpd
STATE OF TENNESSEE v. ANTHONY PFAHLER
Court:TCCA
Attorneys:
Mary L. Ward, Knoxville, Tennessee (on appeal), and R. Mack Garner,
District Public Defender (at trial), for the appellant, Anthony
Pfahler.
Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; Michael L. Flynn, District Attorney
General; and William R. Reed, Assistant District Attorney General, for
the appellee, State of Tennessee.
Judge: TIPTON
First Paragraph:
A Blount County Circuit Court jury convicted the defendant, Anthony
Pfahler, of especially aggravated robbery, a Class A felony, and
aggravated assault, a Class C felony. The trial court sentenced him
as a Range II, violent offender to thirty-five years in the Department
of Correction (DOC) for the especially aggravated robbery conviction
and as a Range II, multiple offender to eight years for the aggravated
assault conviction to be served consecutively. In this delayed
appeal, the defendant claims (1) that the evidence is insufficient to
support his especially aggravated robbery conviction; (2) that the
trial court erred by denying his attorney's motion to withdraw; and
(3) that his sentences are excessive. We affirm the judgments of the
trial court.
http://www.tba.org/tba_files/TCCA/pfahleranthony.wpd
STATE OF TENNESSEE v. BILLY JOE PORTERFIELD
Corrected page 1
Court:TCCA
Attorneys:
Roger Nell, District Public Defender; Collier W. Goodlett, Assistant
Public Defender, Clarksville, Tennessee, for the Appellant, Billy Joe
Porterfield.
Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Helena Walton Yarbrough, Assistant Attorney
General; John Wesley Carney, Jr., District Attorney General; and Helen
Young, Assistant District Attorney General, for the Appellee, State of
Tennessee.
Judge: HAYES
First Paragraph:
The Appellant, Billy Joe Porterfield, was convicted by a Montgomery
County jury of aggravated burglary, especially aggravated kidnaping,
especially aggravated robbery, attempted first degree murder, and two
counts of aggravated rape, all arising from a single criminal episode.
As a result of these convictions, Porterfield received an effective
sentence of one-hundred-fifteen years imprisonment. On appeal,
Porterfield argues: (1) the evidence is insufficient to support his
convictions, and (2) the trial court erred in its application of
enhancement factors in determining the appropriate sentences. Finding
no merit to these issues, the judgment of the trial court is affirmed.
http://www.tba.org/tba_files/TCCA/porterfieldpg1correx.wpd
MICHAEL RUSSO v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
David M. Hopkins, Nashville, Tennessee, and Jesse N.H. Bacon, Madison,
Tennessee, for the appellant, Michael Russo.
Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Roger D. Moore, Assistant District Attorney General, for
the appellee, State of Tennessee.
Judge: MCGEE OGLE
First Paragraph:
The petitioner, Michael Russo, filed a petition for post-conviction
relief alleging the ineffective assistance of counsel. The
post-conviction court denied the petition and the petitioner timely
appealed. Finding no error, we affirm the judgment of the
post-conviction court.
http://www.tba.org/tba_files/TCCA/russomichael.wpd
STATE OF TENNESSEE v. JAMES MARIO STARNES
Corrected page 1
Court:TCCA
Attorneys:
Larry F. Wallace, Jr., Shelbyville, Tennessee, (on appeal) for the
Appellant, James Mario Starnes.
Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; David H. Findley, Assistant Attorney General;
William Michael McCown, District Attorney General; and Michael
Randles, Assistant District Attorney General, for the Appellee, State
of Tennessee.
Judge: HAYES
First Paragraph:
The Appellant, James Mario Starnes, was indicted by the Bedford County
Grand Jury for attempted first degree murder and especially aggravated
robbery. Starnes pled guilty to attempted second degree murder and
especially aggravated robbery. Following a sentencing hearing,
Starnes received concurrent sentences of ten years, nine months for
attempted second degree murder and twenty-five years for especially
aggravated robbery. Starnes now appeals his especially aggravated
robbery conviction, contending that the evidence is insufficient to
establish his guilt for that offense. Because the error complained of
was waived as a matter of law by Starnes' plea of guilty, this issue
is not reviewable upon direct appeal. Accordingly, this appeal is
dismissed.
http://www.tba.org/tba_files/TCCA/starnespg1correx.wpd
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