Opinion Flash

June 5, 2003
Volume 9 — Number 102

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
04	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

JOHN D. COOKE, III v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Gregory D. Smith, Clarksville, Tennessee, for the appellant, John D.
Cooke, III.

Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; James G. Woodall, District Attorney
General; and Angela R. Scott, Assistant District Attorney General, for
the appellee, State of Tennessee.                      

Judge: GLENN

First Paragraph:

The petitioner appeals the dismissal of his petition for
post-conviction relief, arguing that the post- conviction court erred
in finding he received the effective assistance of counsel.  Based on
our review, we affirm the order of the post-conviction court
dismissing the petition.

http://www.tba.org/tba_files/TCCA/cookejohnd.wpd
								
								
STATE OF TENNESSEE v. PHILLIP FRANCIS MORALES

Court:TCCA

Attorneys:   

Mack Garner, District Public Defender, Maryville, Tennessee, for the
appellant, Phillip Francis Morales.

Paul G. Summers, Attorney General & Reporter; Angele M. Gregory,
Assistant Attorney General;  Mike Flynn, District Attorney General;
and John Bobo, Assistant District Attorney General, for the appellee,
State of Tennessee.                       

Judge: SMITH

First Paragraph:

A Blount County grand jury indicted the defendant on one count of
simple possession or casual exchange of Lorazepam, a schedule IV
controlled substance, and on one count of possession with intent to
sell or deliver an E felony amount of marijuana, a schedule VI
controlled substance. After unsuccessfully seeking suppression of the
items seized in the search involved in this case, the defendant waived
his right to a trial by jury.  At the conclusion of a bench trial, the
lower court found the defendant guilty as charged.  The trial court
later sentenced the defendant to concurrent terms of eleven months and
twenty-nine days for the simple possession offense and eighteen months
for the possession with intent to sell or deliver offense.  Though
otherwise placed on supervised probation, the trial court ordered the
defendant to serve sixteen days of these sentences on eight
consecutive weekends.  The defendant subsequently filed a new trial
motion alleging that the trial court erred in not suppressing the
aforementioned evidence and that the proof is insufficient to support
the E felony conviction. The trial court denied this motion, and the
defendant appeals the denial to this Court raising the same issues. 
After a review of the record and relevant authorities, we find that
the defendant's suppression claim has merit though the sufficiency
allegation does not. Because of our finding regarding the suppression
matter, we must reverse and remand the defendant's convictions.

http://www.tba.org/tba_files/TCCA/morales.wpd
								
								
STATE OF TENNESSEE v. MARK PERRY

Court:TCCA

Attorneys:

Robert Wilson Jones, Public Defender; and Dianne M. Thackery (at
trial) and Tony N. Brayton (on appeal), Assistant Public Defenders,
for the appellant, Mark Perry.

Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Stephen P. Jones and Jennifer S. Nichols, Assistant
District Attorneys General, for the appellee, State of Tennessee.                        

Judge: RILEY

First Paragraph:

The defendant appeals the jury's verdict convicting him of
premeditated first degree murder for which he received a life
sentence.  He contends there was insufficient evidence to establish he
acted with premeditation.  We affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/perrymark.wpd
								
								
STATE OF TENNESSEE v. BETSY F. SPEER

Court:TCCA

Attorneys:

Leslie I. Ballin, Memphis, Tennessee, for the appellant, Betsy F.
Speer.

Paul G. Summers, Attorney General and Reporter; Braden H. Boucek,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Camille McMullen, Assistant District Attorney General,
for the appellee, State of Tennessee.                      

Judge: MCGEE OGLE

First Paragraph:

The appellant, Betsy F. Speer, was convicted by a jury in the Shelby
County Criminal Court of driving under the influence.  The appellant
subsequently acknowledged that she was guilty of driving under the
influence, second offense.  The trial court sentenced the appellant to
the mandatory forty-five days in jail, followed by a probationary
period of ten months and fourteen days.  The trial court also revoked
the appellant's driver's license for a period of two years and imposed
a seven hundred fifty dollar ($750) fine.  On appeal, the appellant
contends that the State failed to comply with her Rule 16 motion for
discovery.  Upon review of the record and the parties' briefs, we
affirm the judgment of the trial court.

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

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