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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