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


Court:TSC - Rules

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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