Opinion Flash

June 9, 2003
Volume 9 — Number 104

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
01	New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
01	New Opinion(s) from the Tennessee Court of Appeals
02	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

SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0609.wpd
								
								
STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES v. RB, IN THE
MATTER OF: REB, (D.O.B. 6/20/96) A Child Under Eighteen Years of Age.

Court:TCA

Attorneys:   

Janice A. Russell, Mountain City, Tennessee, for Appellant.

Paul G. Summers, Attorney General, and Elizabeth C. Driver, Assistant
Attorney General, Nashville, Tennessee, for Appellee.

Mark Dugger, Elizabethton, Tennessee, Guardian Ad Litem for the minor
child, REB.                       

Judge: FRANKS

First Paragraph:

Trial Court terminated father's parental rights for failure to support
child.  On appeal, we affirm.

http://www.tba.org/tba_files/TCA/rb.wpd
								
								
STATE OF TENNESSEE v. TRACY LARENZO GOODWIN, ALIAS LAWANDA CARTER

Court:TCCA

Attorneys:

A. Christian Lanier, III, Chattanooga, Tennessee, and Johnny D.
Houston, Jr., Chattanooga, Tennessee (at trial), for the appellant,
Tracy Larenzo Goodwin.

Paul G. Summers, Attorney General and Reporter; Dana M. Ausbrooks,
Assistant Attorney General; William H. Cox, III, District Attorney
General; and Barry A. Steelman, Assistant District Attorney General,
for the appellee, State of Tennessee.                       

Judge: TIPTON

First Paragraph:

A Hamilton County Criminal Court jury convicted the defendant, Tracy
Larenzo Goodwin, of two counts of reckless aggravated assault, a Class
D felony; one count of reckless endangerment, a Class E felony; and
one count of criminally negligent homicide, a Class E felony.  The
trial court sentenced him as a Range III, persistent offender to
concurrent sentences of twelve years in the Department of Correction
(DOC) for the reckless aggravated assault convictions.  For the
reckless endangerment and criminally negligent homicide convictions,
the defendant received six-year sentences to be served concurrently to
each other but consecutively to the reckless aggravated assault
sentences for an effective sentence of eighteen years.  The defendant
appeals, claiming (1) that the evidence is insufficient to support the
convictions; (2) that the trial court erred by denying his motion to
sever the aggravated assault offenses from the reckless endangerment
and criminally negligent homicide offenses; (3) that his convictions
for reckless endangerment and criminally negligent homicide violate
protections against double jeopardy; and (4) that his sentences are
excessive.  We affirm the judgments of the trial court.

http://www.tba.org/tba_files/TCCA/goodwintracylarenzo.wpd
								
								
STATE OF TENNESSEE v. RANDALL A. MYERS

Court:TCCA

Attorneys:

Mack Garner, District Public Defender; Julie A. Rice, Contract
Appellate Defender, Knoxville, Tennessee, for the Appellant, Randall
A. Myers.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Peter M. Coughlan, Assistant Attorney General;
Michael L. Flynn, District Attorney General; and Edward P. Bailey,
Jr., Assistant District Attorney General, for the Appellee, State of
Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Randall A. Myers, appeals the revocation of his
community correction sentences by the Blount County Circuit Court. 
Myers pled guilty to seven counts of deceptive business practices and
eight counts of theft, and he received an effective four-year
sentence.  As a result of these convictions, he was placed on
intensive probation but, following violations of his release, he was
re- sentenced to community corrections.  Myers then proceeded to
violate his community corrections agreement, and the trial court 
ordered him to serve the remainder of his sentences in the Department
of Correction.  On appeal, Myers asserts that the evidence was
insufficient to establish that the violations occurred.  After review
of the record before us, we find no error.  Accordingly, the judgment
is affirmed.

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

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