Opinion Flash

September 12, 2003
Volume 9 — Number 167

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

STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES v. E. G. P.

Court:TCA

Attorneys:    

Paul G. Summers, Attorney General and Reporter; Douglas Earl Dimond,
Assistant Attorney General for Appellant, State of Tennessee
Department of Children's Services.

Ashley L. Ownby, Cleveland, Tennessee, Guardian ad Litem for N. P.,
Jr.

Debra Lynn House and Ginger Wilson Buchanan, Cleveland, Tennessee, for
Appellee, E. G. P.

Judge: INMAN

First Paragraph:

The Juvenile Court of Bradley County ordered that a placement should
be found by the Department of Children's Services ("DCS") for a
sixteen-year-old mother with her two and one-half-year-old child, the
latter of whom had been in foster care most of his life.  Time
constraints were imposed and DCS did not or was unable to comply with
the judgment, which resulted in a finding of contempt.  The DCS
appeals, and presents a litany of issues for review, one of which
alleges that the juvenile court lacked jurisdiction to adjudicate a
placement.  The judgment is vacated in toto and the case is remanded.

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

STATE OF TENNESSEE v. GUADALUPE STEVEN MENDEZ

Court:TCCA

Attorneys:

Merrilyn Feirman, Nashville, Tennessee, and Joe Finley, Cookeville,
Tennessee, for the appellant, Guadalupe Steven Mendez.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; Bill Gibson, District Attorney General;
and Anthony Craighead, Assistant District Attorney General, for the
appellee, State of Tennessee.                      

Judge: WELLES

First Paragraph:

The Defendant, Guadalupe Steven Mendez, was convicted by a jury of
aggravated rape and especially aggravated sexual exploitation of a
minor.  The trial court sentenced the Defendant to terms of
twenty-four years for the aggravated rape and ten years for the sexual
exploitation.  These sentences were ordered to be served concurrently
to each other but consecutively to a prior sentence.  In this direct
appeal, the Defendant challenges the sufficiency of the evidence in
support of the aggravated rape conviction, and further complains that
his sentence is excessive.  We affirm the judgments of the trial
court.

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

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