Opinion Flash

June 23, 2003
Volume 9 — Number 111

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
02 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_0623.wpd

ALLIANCE FOR NATIVE AMERICAN INDIAN RIGHTS OF TENNESSEE, INC., et al.
v. STATE OF TENNESSEE, et al.

Court:TCA

Attorneys: 

Joseph H. Johnston, Nashville, Tennessee, for the Appellants, Alliance
for Native American Indian Rights of Tennessee Inc., Pat Cummins,
Sandi Perry, and Marion Dunn.

Paul G. Summers, Attorney General and Reporter, Michael E. Moore,
Solicitor General, and John H. Sinclair, Jr., Assistant Attorney
General, for the appellee, State of Tennessee.                         

Judge: FARMER

First Paragraph:

This is a case involving the proposed disinterment of Indian burial
grounds.  The Appellants urge this Court to consider numerous issues. 
Having determined that the only issue properly before this Court is
the propriety of the trial court's denial of Appellants' motion to
intervene, we affirm the trial court's denial of intervention.

http://www.tba.org/tba_files/TCA/anyandall.wpd

HEATHER CAREY, Appellee v. MARGARET R. JOHNSON, Appellant

Court:TCA

Attorneys:   

Atty. Jeffery A. Billings and Atty. Kevin L. Featherson, of
Chattanooga, TN, for the appellant.

Atty. Erskine P. Mabee, of Chattanooga, TN, for the appellee.                       

Judge: CLEMENT

First Paragraph:

An employee of a utility company went to the private residence of a
customer to re-connect service which had been disconnected for
non-payment where she was violently attacked by the customer who hit
her in the jaw with a flashlight, beat her with car keys and
threatened to kill her by throwing her off of the mountain and,
thereafter, show her dead carcass to her children.  The utility
employee sued the customer for personal injuries, infliction of
emotional distress and punitive damages.  The trial court granted
judgment by default as to liability against the defendant for the
defendant's repeated failure to attend her discovery deposition. The
trial on damages was conducted without a jury.  The trial court
awarded compensatory damages and punitive damages.  We affirm.

http://www.tba.org/tba_files/TCA/careyh.wpd

STATE OF TENNESSEE v. MARIAN ESTHER COX

Court:TCCA

Attorneys:

B. Jeffery Harmon, Assistant Public Defender, Jasper, Tennessee, for
the appellant, Marian Esther Cox.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assistant Attorney General; James Michael Taylor, District Attorney
General; and James William Pope, III, Assistant District Attorney
General, for the appellee, State of Tennessee.                          

Judge: WEDEMEYER

First Paragraph:

The Defendant entered a "best interest" guilty plea to arson, a Class
C felony.  Following a sentencing hearing, the trial court sentenced
the Defendant to a split confinement sentence of four years, with one
year to be served in the Bledsoe County jail and the remainder to be
served on probation.  The Defendant now challenges the propriety of
the sentence.  We affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. CHRISTINA B. JONES
WITH DISSENTING OPINION

Court:TCCA

Attorneys: 

Stacey M. Brackeen, Franklin, Tennessee, for the appellant, Christina
B. Jones.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; Ronald L. Davis, District Attorney
General; and Derek K. Smith, Assistant District Attorney General, for
the appellee, State of Tennessee.                         

Judge: WOODALL

First Paragraph:

Defendant, Christina B. Jones, pled guilty to the offense of theft of
property over $1,000, a Class D felony.  Pursuant to a negotiated plea
agreement, Defendant received a sentence of two years with the manner
of service to be determined by the trial court.  Following a
sentencing hearing, the trial court ordered Defendant to serve ninety
days in confinement and four years on probation.  The trial court also
ordered Defendant to complete her GED, obtain full-time employment,
and pay restitution in the amount of $1,750 to be paid at the rate of
fifty dollars per month.  In this appeal, Defendant argues that the
trial court erred by denying her request for alternative sentencing
and by imposing the same sentence that her co-defendant received. 
After a careful review of the record, we affirm the judgment of the
trial court.

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

DISSENTING OPINION
http://www.tba.org/tba_files/TCCA/jonescb_dis.wpd

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