Opinion FlashJuly 24, 2003Volume 9 — Number 132 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):
TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Howard H. Vogel IN RE: THE ESTATE OF SPENCER BROWN Court:TCA Attorneys: Connie Reguli, Nashville, Tennessee, for the Appellant Don M. Brown Ernest W. Williams and Anna E. Freeman, Franklin, Tennessee, for the Appellee Allene Dunnagan Judge: BROWN First Paragraph: This is a lawsuit filed by Don M. Brown ("Mr. Brown" or "the Appellant") against Allene Dunnagan ("Ms. Dunnagan" or "the Appellee") to set aside Spencer Brown's Last Will and Testament dated February 11, 2000. Mr. Spencer Brown died on February 21, 2000. Mr. Brown alleged that Ms. Dunnagan had used undue influence to get Spencer Brown to change his 1994 will. The Dickson County Circuit Court granted the Appellee's Motion for Directed Verdict and dismissed the Appellant's complaint. The Appellant appealed this decision. We reverse the decision of the trial court and remand for further proceedings. http://www.tba.org/tba_files/TCA/spencerbrown.wpd WILLIAM WATERS, JR. v. TENNESSEE DEPARTMENT OF CORRECTION, ET AL. WITH CONCURRING OPINION Court:TCA Attorneys: William R. Waters, Jr., Only, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Stephanie R. Reevers, Associate Deputy Attorney General, for the appellant, State of Tennessee. Judge: CANTRELL First Paragraph: A prison disciplinary board found a prisoner guilty of assault, and sentenced him to punitive segregation. The prisoner filed a Petition for Writ of Certiorari, contending that there was no evidence that he had initiated an assault, and that the disciplinary board had ignored evidence that he was actually defending himself from a potentially deadly assault from another prisoner. The trial court found the disciplinary board's action to be arbitrary, and reversed the conviction. The State argues on appeal that the trial court's action was improper, because it should simply have ordered that the record be sent up for further consideration. We affirm the trial court. http://www.tba.org/tba_files/TCA/watersw_opn.wpd CONCURRING OPINION http://www.tba.org/tba_files/TCA/watersw_con.wpd STATE OF TENNESSEE v. DOYLE BORDERS Court:TCCA Attorneys: Zoe Laakso Doyle, Gallatin, Tennessee, for the appellant, Doyle Borders. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; Lawrence Ray Whitley, District Attorney General; and Dee Gay, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Doyle Borders, pled guilty to possession of Dilaudid, a Schedule II controlled substance, with the intent to sell or deliver. As part of his plea agreement, he expressly reserved with the consent of the trial court and the State the right to appeal a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(i). The certified question of law concerns the validity of a search warrant. Finding no error, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/bordersd.wpd JAMES RUSSELL GANN v. DAVID MILLS, WARDEN Court:TCCA Attorneys: Walter B. Johnson, Harriman, Tennessee, for the appellant, James Russell Gann. Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; J. Scott McCluen, District Attorney General; and Frank Harvey, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, James Russell Gann, petitioned for habeas corpus relief on the grounds that his judgment of conviction is not signed by the trial judge. The trial court denied relief and this direct appeal followed. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/gannjr.wpd STATE OF TENNESSEE v. JANICE HALL Court:TCCA Attorneys: Joe L. Finley, Jr., Cookeville, Tennessee, for the appellant, Janice Hall. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; Bill Gibson, District Attorney General; and William M. Locke, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: After a bench trial, the Defendant, Janice Hall, was convicted of two counts of vandalism under five hundred dollars, a Class A misdemeanor. The trial judge sentenced her to concurrent terms of eleven months and twenty-nine days, with thirty-five days to serve in confinement. In this direct appeal, the Defendant argues that the evidence was insufficient to support her convictions and that the trial judge erred by ordering her to serve thirty-five days in confinement. We affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/hallj.wpd STATE OF TENNESSEE v. MICHAEL ANDRAE HOLMAN Court:TCCA Attorneys: Donna Leigh Hargrove, District Public Defender; A. Jackson Dearing, III, Assistant Public Defender; and Curtis H. Gann, Assistant Public Defender, for the appellant, Michael Andrae Holman. Paul G. Summers, Attorney General and Reporter; Christine M. Lapps, Assistant Attorney General; William Michael McCown, District Attorney General; and Weakley E. Barnard, Assistant District Attorney General, for the appellee, the State of Tennessee. Judge: WOODALL First Paragraph: Defendant, Michael Andrae Holman, was charged with possession with intent to sell cocaine in excess of 0.5 grams and possession with intent to deliver cocaine in excess of 0.5 grams, in violation of Tenn. Code Ann. S 39-17-417. Defendant was convicted as charged following a jury trial. The trial court merged count two with count one and sentenced Defendant to serve twenty years imprisonment. In this direct appeal, Defendant argues that the evidence at trial was insufficient to support his convictions; that the trial court erred in denying his motion to suppress; and that the sentence imposed is excessive. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/holmanmichaela.wpd DANNY R. KING v. STATE OF TENNESSEE Court:TCCA Attorneys: Danny R. King, Nashville, Tennessee, Pro Se. Michael E. Moore, Solicitor General; Elizabeth B. Marney, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Derek K. Smith, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Petitioner and his co-defendant were convicted of aggravated rape and aggravated kidnapping. The Petitioner appealed, and our Court affirmed the convictions. The Petitioner filed a petition for post-conviction relief, which the trial court denied. Our Court affirmed the denial, concluding that the Petitioner had received effective assistance of counsel. The Petitioner then filed a post- conviction petition requesting DNA (deoxyribonucleic) testing pursuant to the Post-Conviction DNA Analysis Act of 2001. After the State responded that no biological evidence was in existence to be tested, the Petitioner requested that the court appoint him new counsel. The trial court denied both the Petitioner's post-conviction petition for DNA testing and his request for new counsel. The Petitioner now appeals, arguing that the trial court erred by denying his post-conviction petition for DNA testing and by denying his request for new counsel. Finding no error, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/kingdr.wpd SCOTT DWAYNE MARTIN v. STATE OF TENNESSEE Court:TCCA Attorneys: Douglas L. Payne, Greeneville, Tennessee, for the appellant, Scott Dwayne Martin. Paul G. Summers, Attorney General & Reporter; Braden H. Boucek, Assistant Attorney General; and Paige Collins, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The petitioner, Scott Dwayne Martin, appeals from the trial court's denial of post-conviction relief. In this appeal of right, the petitioner contends that because he was denied the effective assistance of counsel, his guilty pleas were neither knowingly nor voluntarily made. The judgment is affirmed. http://www.tba.org/tba_files/TCCA/martinscottd.wpd STATE OF TENNESSEE v. TERRY TARRANT Court:TCCA Attorneys: David O. McGovern, Assistant Public Defender, Jasper, Tennessee, for the appellant, Terry Tarrant. Paul G. Summers, Attorney General and Reporter; Braden H. Boucek, Assistant Attorney General; J. Michael Taylor, District Attorney General; and Steven M. Blount, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Franklin County Grand Jury indicted the Defendant and Susan Davis, the co-defendant, for one count of aggravated robbery and for one count of theft of property valued between five hundred and one thousand dollars. A jury convicted the Defendant and co-defendant on both counts. The Defendant now appeals, contesting the sufficiency of the State's evidence. Specifically, the Defendant contends that the State did not introduce sufficient evidence for a rational jury to find beyond a reasonable doubt that the Defendant entered the home of the alleged victims. Finding no error, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/tarrantt.wpd JOHN C. WELLS, III v. STATE OF TENNESSEE Court:TCCA Attorneys: Monte D. Watkins and Bruce Poag, Nashville, Tennessee, for the appellant, John C. Wells, III. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Roger D. Moore, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The petitioner was originally convicted by a Davidson County jury on nine counts of aggravated sexual battery and received an effective ninety-year sentence. He now appeals the denial of post- conviction relief, contending: (1) the post-conviction judge, who was a Deputy District Attorney General at the time of the original prosecution, should have recused herself; (2) he received ineffective assistance of trial and appellate counsel; (3) numerous errors of constitutional dimension occurred at his original trial and on direct appeal; and (4) cumulative errors require that he be granted relief. In spite of our concerns regarding the recusal issue, we are unable to discern any material distinctions with prior cases which have affirmed the failure to recuse. Accordingly, we affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/wellsjohn.wpd PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! 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