Opinion Flash

September 24, 2003
Volume 9 — Number 174

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):
01 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
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


STATE OF TENNESSEE v. PRESTON CARTER
CORRECTED OPINION

Court:TSC

Attorneys:                          

James A. Simmons and Thomas F. Bloom, Nashville, Tennessee, for the
appellant, Preston Carter.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore,
Solicitor General; and Elizabeth T. Ryan, Assistant Attorney General,
for the appellee, State of Tennessee.

Judge: HOLDER

First Paragraph:

The appeal in this capital case arises from the resentencing of
Preston Carter, who originally pleaded guilty and was sentenced to
death in 1995 for the felony murders of Thomas and Tensia Jackson.  On
appeal, this Court reversed the death sentences because the jury had
used an outdated verdict form containing the incorrect burden of
proof.  See State v. Carter, 988 S.W.2d 145 (Tenn. 1999).  Following a
resentencing hearing, the jury again imposed a sentence of death on
both counts, and the Court of Criminal Appeals affirmed.  On automatic
appeal under Tennessee Code Annotated section 39-13-206(a)(1), we
designated the following issues for oral argument:   (1) whether the
trial court abused its discretion in admitting photographs of the
victims' bodies; (2) whether the trial court committed reversible
error in excluding certain mitigating evidence; (3) whether the
admission of victim impact evidence violated the constitutional
provisions against ex post facto laws; and (4) all other issues
mandated by Tennessee Code Annotated section 39-13-206(c)(1).  Having
carefully reviewed these issues, we hold that none warrants reversal
of the sentences of death.  Accordingly, we affirm the Court of
Criminal Appeals.

http://www.tba.org/tba_files/TSC/carterp.wpd

HAREN CONSTRUCTION CO., INC. v. B & G ELECTRICAL CONTRACTORS, INC.

Court:TCA

Attorneys:                          

Howard B. Jackson, Knoxville, TN, for Appellant

David A. Velander, Memphis, TN, for Appellee

Judge: HIGHERS

First Paragraph:

This is an appeal from the denial of Appellants' motion to vacate an
arbitration award.  Appellants contend that one of the arbitrators
chosen by their opponents exhibited behavior showing evident
partiality.  Appellants further contend that the trial court erred in
not applying the Federal Arbitration Act to the case and in awarding
Appellees Rule 11 sanctions.  For the following reasons, we affirm the
court below.

http://www.tba.org/tba_files/TCA/haren2.wpd

STATE OF TENNESSEE v. STEVEN D. TARTER

Court:TCCA

Attorneys:                          

Steven McEwen, Mountain City, Tennessee (on appeal), and Terry L.
Jordan, Blountville, Tennessee (at trial and on appeal), for the
appellant, Steven D. Tarter.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; H. Greeley Wells, Jr., District
Attorney General; and Joseph Eugene Perrin, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Steven D. Tarter, pled guilty in the Sullivan County
Criminal Court to multiple offenses and received a total effective
sentence of four years incarceration in the Tennessee Department of
Correction.  On appeal, the appellant challenges the trial court's
denial of alternative sentencing.  Upon review of the record and the
parties' briefs, we affirm the judgments of the trial court.

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

STATE OF TENNESSEE v. CURTIS E. WELLS

Court:TCCA

Attorneys:                          

Virginia Lee Story and Dana M. Ausbrooks, Franklin, Tennessee, for the
appellant, Curtis E. Wells.

Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; Ronald L. Davis, District Attorney
General; and Matthew T. Colvard, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Curtis E. Wells, pled guilty in the Williamson County
Circuit Court to robbery, a Class C felony.  The plea agreement
provided that the appellant would receive a sentence of six years,
with the manner of service to be determined by the trial court. 
Following a sentencing hearing, the trial court ordered the appellant
to serve one year at one hundred percent (100%) in the Williamson
County Jail, with the remainder of the sentence to be suspended and
served on intensive probation.  On appeal, the appellant asserts that
the trial court erred by not granting total probation.  Upon review of
the record and the parties' briefs, we affirm the judgment of the
trial court.

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

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