Opinion Flash

April 17, 2003
Volume 9 — Number 069

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
00 New Opinion(s) from the Tennessee Court of Appeals
01 New Opinion(s) from the Tennessee Court of Criminal Appeals
03 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 v. JIMMY GENE BLANKENSHIP

Court:TCCA

Attorneys:  

Howard L. Upchurch, Pikeville, Tennessee, for the appellant, Jimmy
Gene Blankenship.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; James Michael Taylor, District Attorney
General; and James W. Pope, III, Assistant District Attorney General,
for the appellee, State of Tennessee.                        

Judge: WEDEMEYER
 
First Paragraph:

The Defendant was indicted for driving under the influence, driving on
a revoked license, evading arrest, reckless endangerment with a deadly
weapon, vehicular assault, and violation of the implied consent law. 
A Rhea County jury convicted the Defendant of driving under the
influence, driving on a revoked license, reckless endangerment with a
deadly weapon, and vehicular assault.  The trial court merged the DUI
and reckless endangerment convictions into the vehicular assault
conviction.  It sentenced the Defendant to four years for vehicular
assault and to six months for driving on a revoked license, to be
served concurrently.  The trial court ordered that the Defendant serve
one year in the county jail, perform one hundred hours of public
service, pay $800 in restitution, and imposed a fine of $5,500.  The
Defendant now appeals, arguing the following issues: (1) whether the
trial court properly allowed testimony about the Defendant's erratic
driving in Hamilton County; (2) whether the trial court erred by
allowing the results of a blood alcohol test into evidence; (3)
whether the trial court erred by permitting witnesses to testify about
the percentage of alcohol in the samples of blood tested; and (4)
whether the trial court properly sentenced the Defendant.  Finding no
error, we affirm the judgments of the trial court.

http://www.tba.org/tba_files/TCCA/blanship.wpd

Public Records - Tennessee School Boards Association

Date: April 14, 2003

Opinion Number: 03-042                         

http://www.tba.org/tba_files/AG/2003/OP42.pdf

Authority of general sessions and municipal judges to administer oaths
of office to county officials

Date: April 15, 2003

Opinion Number:  03-043                        

http://www.tba.org/tba_files/AG/2003/OP43.pdf

Not-For-Profit Foundations Benefitting Public Higher Education
Institutions

Date: April 15, 2003

Opinion Number:  03-044                        

http://www.tba.org/tba_files/AG/2003/OP44.pdf

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