Opinion Flash

October 8, 2003
Volume 9 — Number 183

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
03 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. BRIAN LARICE CURETON

Court:TCCA

Attorneys:                          

Ross E. Alderman, District Public Defender; William J. Steed,
Assistant Public Defender, on appeal; C. Dawn Deaner, Assistant Public
Defender, at trial; and Clark B. Thornton, Assistant Public Defender,
at trial, for the appellant, Brian Larice Cureton.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; Bernie McEvoy, Assistant District Attorney, and Katrin
Miller, Assistant District Attorney General, for the appellee, State
of Tennessee.

Judge: WOODALL

First Paragraph:

Following a jury trial, Defendant, Brian Larice Cureton, was convicted
of one count of first degree felony murder and one count of aggravated
child abuse.  The trial court sentenced Defendant to life imprisonment
with the possibility of parole for the felony murder conviction. 
Following a sentencing hearing, the trial court sentenced Defendant to
twenty-five years imprisonment for the aggravated child abuse
conviction as a Range I offender and ordered the sentence for
aggravated child abuse to run concurrently with Defendant's life
sentence.  Defendant now appeals his convictions and sentencing
alleging (1) that the evidence is insufficient to support Defendant's
convictions for first degree felony murder and aggravated child abuse
beyond a reasonable doubt; (2) that the trial court erred in not
allowing Defendant to cross examine Kinoltra Ewing about her
willingness to take a polygraph test; (3) that the trial court erred
in not redacting portions of Defendant's statement to the police; (4)
that the trial court erred in not instructing the jury on facilitation
of aggravated child abuse and felony murder as lesser included
offenses; (5) that the trial court erred in permitting the State's
expert witness to offer opinions outside her area of expertise; and
(6) that Defendant's sentence for aggravated child abuse was
excessive.  After a thorough review of the record and the arguments
and briefs of counsel, we affirm the judgments of the trial court.

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

STATE OF TENNESSEE v. LONNIE WALTER HURD

Court:TCCA

Attorneys:                          

Mark Toohey, Kingsport, Tennessee, for the Appellant, Lonnie Walter
Hurd.

Paul G. Summers, Attorney General & Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and B. Todd Martin, Assistant District Attorney General, for
the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

The defendant, Lonnie Walter Hurd, appeals from his Sullivan County
Criminal Court jury convictions of driving under the influence (DUI)
and possession of cocaine.  On appeal, he claims that the convicting
evidence is insufficient, that certain evidence was improperly
admitted, that the testimony of a state's witness violated the witness
sequestration rule, and that the trial court erred in permitting a
defense witness to be cross-examined about her prior drug convictions.
 Discerning no reversible error, we affirm the judgments of the trial
court.

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

RONGIE LELAND TAYLOR v. STATE OF TENNESSEE 

Court:TCCA

Attorneys:                          

Lisa Zavogiannis, McMinnville, Tennessee, for the appellant, Rongie
Leland Taylor.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; Dale Potter, District Attorney General;
and Thomas J. Miner, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The post-conviction court denied the appellant's petition for
post-conviction relief following his guilty plea to robbery with an
agreed five-year sentence.  In this appeal, the appellant argues: (1)
his guilty plea was not entered voluntarily and knowingly; and (2) his
trial counsel failed to provide him effective assistance relating to
the entry of his plea. We affirm the judgment of the post-conviction
court.

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

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