Opinion Flash

September 10, 2003
Volume 9 — Number 165

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
01 New Opinion(s) from the Tennessee Court of Criminal Appeals
06 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


STATE OF TENNESSEE v. WILLIAM E. McCARVER

Court:TCCA

Attorneys:                          

Leonard "Mike" Caputo, Chattanooga, Tennessee (on appeal); Stephen T.
Greer and Thomas A. Greer, Dunlap, Tennessee (at trial), for the
appellant, William E. McCarver.

Paul G. Summers, Attorney General and Reporter; Kim R. Helper,
Assistant Attorney General; J. Michael Taylor, District Attorney
General; and Thomas D. Hembree, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The defendant was convicted by a Sequatchie County Circuit Court jury
of first degree premeditated murder for shooting his wife's boyfriend
to death outside a gasoline station and convenience store.  Because
the State did not seek either the death penalty or life without
parole, the trial court automatically sentenced him to life
imprisonment in the Department of Correction.  In this appeal as of
right, the defendant raises essentially three issues: (1) whether the
evidence was sufficient to support his conviction; (2) whether the
trial court erred in admitting into evidence enhanced versions of the
store surveillance videotape of the shooting; and (3) whether the
trial court erred in its jury instructions on intentionally and
knowingly.  Following our review, we conclude that the evidence is
sufficient to sustain the defendant's conviction for premeditated
murder, the trial court did not err in admitting the videotapes, and
any deficiency in the jury instructions constituted harmless error. 
Accordingly, we affirm the judgment of the trial court.

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

Preliminary Examinations

Date: September 8, 2003

Opinion Number: 03-108                          

http://www.tba.org/tba_files/AG/2003/op108.pdf

Election of Chattanooga City Judge

Date: September 8, 2003

Opinion Number: 03-109                         

http://www.tba.org/tba_files/AG/2003/op109.pdf

Residence of Judicial Commissioner

Date: September 8, 2003

Opinion Number: 03-110                         

http://www.tba.org/tba_files/AG/2003/op110.pdf

Eligibility of County Legislator to Run for Assessor of Property

Date: September 8, 2003

Opinion Number: 03-111                         

http://www.tba.org/tba_files/AG/2003/op111.pdf

Multicandidate political campaign committees

Date: September 9, 2003

Opinion Number: 03-112                         

http://www.tba.org/tba_files/AG/2003/op112.pdf

Application of Tennessee Code Annotated, Section 49-2-201, as amended
by Chapter 404 of the Public Acts of 1995, regarding the election of
municipal boards of education.

Date: September 9, 2003

Opinion Number: 03-113                        

http://www.tba.org/tba_files/AG/2003/op113.pdf

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