Opinion Flash

April 2, 2003
Volume 9 — Number 059

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
02 New Opinion(s) from the Tennessee Court of Appeals
07 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
02 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


JUDICIAL ETHICS COMMITTEE

ADVISORY OPINION NO. 03-02

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/ethics-03-02.wpd
								
JUDICIAL ETHICS COMMITTEE ADVISORY OPINION NO. 03-03 Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/ethics-03-03.wpd
IN RE: T.K.Y. (Corrects spelling of attorney Douglas Earl Dimond's name.) Court:TCA Attorneys: Randall W. Morrison, Tullahoma, Tennessee, and Eric J. Burch, Manchester, Tennessee, for the Appellant T.C.P., III J. Stanley Rogers and Christina Henley Duncan, Manchester, Tennessee, for the Appellees D.Y. and K.Y. Paul G. Summers, Attorney General and Reporter, and Douglas Earl Dimond for the Appellee State of Tennessee Judge: BROWN First Paragraph: This case is an appeal of right by T.C.P., III ("Mr. P.") from an Order of the Coffee County Juvenile Court terminating his parental rights to T.K.Y., born October 3, 1997. The sole basis of the termination of Mr. P.'s parental rights was his failure to file a petition to establish paternity within thirty (30) days after he had notice that he was, or could be, the father of the child. T.C.A. S36-1-113(g)(9)(A)(vi). Based on the Supreme Court's decision in Jones v. Garrett, 92 S.W.3d 835 (Tenn. 2002), decided on December 30, 2002 after the decision of the trial court, we must reverse the decision of the Juvenile Court and remand the case for further proceedings in accordance with this Opinion. http://www.tba.org/tba_files/TCA/inretkycorrex.wpd
THE ROGERS GROUP, INC. v. ANDERSON COUNTY, TENNESSEE, et al. (Originally filed Jan. 17, 2003; dissent filed April 2, 2003) Court:TCA Attorneys: Bruce D. Fox, Clinton, Tennessee, and H. Wayne Phears, Norcross, Georgia, for Appellant. David L. Hill, Knoxville, Tennessee, and David S. Clark, Oak Ridge, Tennessee, for Appellee, Anderson County, Tennessee. Dail R. Cantrell, Clinton, Tennessee, for Appellees, John Rice Irwin, et al. Judge: FRANKS First Paragraph: After case was tried, the Trial Judge recused and another Judge was designated who granted a new trial on all issues. On appeal, we affirm. http://www.tba.org/tba_files/TCA/rogersgp.wpd
THE ROGERS GROUP, INC. v. ANDERSON COUNTY, TENNESSEE, et al. Court:TCA SUSANO DISSENTING Dissent to opinion filed 1/27/2003 http://www.tba.org/tba_files/TCA/rogersgd_dis.wpd
MICHAEL D. BELL v. STATE OF TENNESSEE Court:TCCA Attorneys: Michael D. Rasnake, Jackson, Tennessee, for the Appellant, Michael D. Bell. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Tom P. Thompson, Jr., District Attorney General; and Al Earls, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: In his petition for post-conviction relief and in the resulting evidentiary hearing, the petitioner, Michael D. Bell, presented to the Madison County Circuit Court entwined issues of whether trial counsel was effective and whether the petitioner's guilty plea was voluntary. The post-conviction court denied relief, and the petitioner appeals that determination. We affirm. http://www.tba.org/tba_files/TCCA/bellm.wpd
STATE OF TENNESSEE v. MYRA S. BIKREV Court:TCCA Attorneys: Diane Crosier, Franklin, Tennessee, for the Appellant, Myra S. Bikrev. Paul G. Summers, Attorney General & Reporter; Braden H. Boucek, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Lee Dyer, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: Myra S. Bikrev appeals from her Williamson County convictions of felony theft of property, coercion of a witness, and aggravated perjury. These convictions were imposed following findings of guilt at a jury trial, and Bikrev is presently serving an effective eight-year sentence involving both jail confinement and probation. She challenges the sufficiency of the evidence as well as the propriety of the sentences she received. Her appellate arguments are not meritorious, and we affirm. http://www.tba.org/tba_files/TCCA/bikrevmyras.wpd
RICHARD BROWN v. STATE OF TENNESSEE Court:TCCA Attorneys: Gregory D. Smith, Clarksville, Tennessee, for the appellant, Richard Brown. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and B. Dent Morris, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The petitioner appeals the denial of post-conviction relief from his first degree murder conviction. He claims he received ineffective assistance of counsel because his trial counsel (1) failed to adequately challenge suppression of the petitioner's confession and (2) failed to have the petitioner testify at trial. We affirm the trial court's denial of post-conviction relief. http://www.tba.org/tba_files/TCCA/brownr.wpd
CHICO LOPEZ CHIGANO v. STATE OF TENNESSEE Court:TCCA Attorneys: Mark E. Stephens, District Public Defender (on appeal); and Timothy M. McLaughlin (on appeal) and John Halstead (at trial), Assistant Public Defenders, for the appellant, Chico Lopez Chigano. Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney, Assistant Attorney General; and Robert L. Jolley, Jr., Assistant District Attorney General, for the appellee, the State of Tennessee. Judge: WADE First Paragraph: The petitioner, Chico Lopez Chigano, appeals the trial court's denial of his petition for post- conviction relief. In this appeal, he asserts that he was denied the effective assistance of counsel at trial. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/chiganochicol.wpd
STATE OF TENNESSEE v. RICHARD ALBANY GOODE Court:TCCA Attorneys: Mack Garner, Maryville, Tennessee (at trial) and Julie A. Rice, Knoxville, Tennessee (on appeal), for the Appellant, Richard Albany Goode. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; and Mike Flynn, District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: Richard Albany Goode, convicted upon his guilty plea of statutory rape, appeals from the Blount County Circuit Court's imposition of a two-year incarcerative sentence. He claims he should have received an alternative sentence. Because the appellate record does not contain evidence relied upon by the parties and the court at the sentencing hearing, we hold that the defendant has waived our review of his appellate issue. We therefore affirm the sentence imposed by the trial court. http://www.tba.org/tba_files/TCCA/goodericharda.wpd
STATE OF TENNESSEE v. RICHARD DEWAYNE JORDAN Court:TCCA Attorneys: Larry G. Roddy, Sale Creek, Tennessee, for the appellant, Richard Dewayne Jordan. Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger, Assistant Attorney General; J. Michael Taylor, District Attorney General; and Will Dunn, Assistant District Attorney General, for the appellee, State of Tennessee Judge: SMITH First Paragraph: A Rhea County grand jury indicted the defendant on multiple sexual offense charges. At the conclusion of a trial, the defendant was acquitted of numerous offenses but found guilty of two counts of aggravated sexual battery (as lesser included offenses of aggravated rape). For each of these convictions, the trial court sentenced the defendant to twelve years as a standard offender. The court then set these sentences to run concurrently. After unsuccessfully pursuing a new trial motion, the defendant brings this appeal, raising five issues. He avers 1) that the evidence was insufficient to support the verdict; 2) that the prosecutor committed reversible error by soliciting "unrelated crimes" evidence from a State witness; 3) that the prosecution committed reversible error by comments made in its closing argument; 4) that the trial court erred in failing to declare a not guilty verdict as to all counts after the jury indicated that this was its verdict; and 5) that the trial court erred in excessively sentencing the defendant. After reviewing the record and relevant authorities, we find it necessary to remand the defendant's aggravated sexual battery conviction under trial count two for resentencing consistent with this opinion. However, we find that none of the other issues merit reversal and, therefore, affirm the defendant's convictions and his aggravated assault sentence under count four of the indictment. http://www.tba.org/tba_files/TCCA/jordanrichard.wpd
STATE OF TENNESSEE v. KENNY MELTON Court:TCCA Attorneys: Mack Garner, District Public Defender, for the appellant, Kenny Melton. Paul G. Summers, Attorney General & Reporter; Angele M. Gregory, Assistant Attorney General; and John Bobo, Assistant District Attorney General, for the appellee, the State of Tennessee. Judge: WADE First Paragraph: The defendant, Kenny Melton, was convicted of the sale of more than .5 grams of cocaine within 1000 feet of a school, a Class A felony. See Tenn. Code Ann. SS 39-17-417, -432. The trial court imposed a sentence of twenty years. In this appeal of right, the defendant asserts that the evidence is insufficient and the sentence is excessive. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/meltonkenny.wpd

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