Opinion Flash

May 7, 2003
Volume 9 — Number 083

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
03 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


MICHAEL W. CARPENTER v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Michael W. Carpenter, Tiptonville, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; Victor S. (Torry) Johnson, III, District
Attorney General; and Jon P. Seaborg, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

The petitioner appeals the dismissal of his petition for
post-conviction relief, in which he alleged he received ineffective
assistance of counsel at his community corrections revocation and
resentencing. The post-conviction court found post-conviction relief
was unavailable to one challenging a community corrections revocation
proceeding.  We conclude that although the post-conviction process may
not be used to collaterally attack a probation revocation, it is
available to attack a community corrections revocation/resentencing. 
Thus, we reverse and remand for further proceedings.

http://www.tba.org/tba_files/TCCA/carpentermichael.wpd
								
JOHN WAYNE GRAY v. STATE OF TENNESSEE Court:TCCA Attorneys: Glen A. Isbell, Winchester, Tennessee, for the appellant, John Wayne Gray. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; J. Michael Taylor, District Attorney General; and Steven M. Blount, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: MCGEE OGLE First Paragraph: The petitioner, John Wayne Gray, appeals the Franklin County Circuit Court's denial of post conviction relief from his conviction for the sale of a Schedule II controlled substance. On appeal, the petitioner claims that he received ineffective assistance of counsel. Following a review of the record and the parties' briefs, we affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/grayj.wpd
LISA PUTMAN MENCER v. STATE OF TENNESSEE Court:TCCA Attorneys: John H. Richardson, Jr., Fayetteville, Tennessee, for the appellant, Lisa Putman Mencer. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; William M. McCown, District Attorney General; and Weakley E. Barnard, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The petitioner appeals after being denied post-conviction relief. She pled guilty to one count of aggravated burglary and ten counts of forgery. Pursuant to her plea agreement, she received an effective sentence of twenty years as a Range III offender. Her post-conviction relief petition alleged she received ineffective assistance of counsel and that she did not enter her plea knowingly and voluntarily. We conclude the evidence does not preponderate against the post-conviction court's findings. We affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/mencerlp.wpd

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