Opinion Flash

October 17, 2003
Volume 9 — Number 190

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
01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
05 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


BRIAN KEITH CHAPMAN v. BEKAERT STEEL WIRE CORPORATION, ET AL.

Court:TSC - Workers Comp Panel

Attorneys:                          

Jeffrey Allan Garrety, Joseph Ray Taggart, Jackson, Tennessee, for the
Plaintiff-Appellant, Brian Keith Chapman.

Paul C. Peel, Memphis, Tennessee, for the Defendants-Appellee, Bekaert
Steel Wire Corporation and Liberty Mutual Insurance Company.

Judge: ALISSANDRATOS

First Paragraph:

The claimant in this workers' compensation case has appealed the trial
court's decision awarding him permanent partial disability benefits of
twenty-five percent to the body as a whole. The trial court excluded
the deposition of one of the physicians who examined the claimant but
made alternative findings if the deposition were improperly excluded. 
The panel has concluded that the evidence preponderates against the
trial court's exclusion of the deposition evidence. Accordingly, we
reverse the trial court.  We further find that the evidence
preponderates in favor of the trial court's alternative finding of
forty-five percent to the body as a whole.  The trial court's judgment
is modified accordingly.

http://www.tba.org/tba_files/TSC_WCP/chapman.wpd

IN RE:  PROPOSED AMENDMENT TO SUPREME COURT RULE 19

Court:TSC - Rules                       

Judge: PER CURIAM

First Paragraph:

This Court hereby publishes for public comment a proposed amendment to
Supreme Court Rule 19, relative to pro hac vice appearances.  The
proposed amendment is attached hereto as Appendix A.  This Court
solicits written comments on the proposed amendment from the bench,
the bar, and the public.  The deadline for submitting written comments
is December 17, 2003.

http://www.tba.org/tba_files/TSC_Rules/rule19_ord.wpd

JOHN HAWS BURRELL v. HOWARD CARLTON, WARDEN

Court:TCCA

Attorneys:                          

John Haws Burrell, pro se, Mountain City, Tennessee.

Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III,
Assistant Attorney General; and Joe Crumley, District Attorney
General, for appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The petitioner, John Haws Burrell, has been convicted of twelve counts
of sexual battery, three counts of rape, and two counts of coercion of
a witness for which he is serving an effective twenty- four-year
sentence.  See State v. John Haws Burrell, No. 03C01-9404-CR-00157,
1997 WL 53455 (Tenn. Crim. App. at Knoxville, Feb. 11, 1997). The
petitioner brings the instant appeal of the lower court's summary
dismissal of his petition for writ of habeas corpus.  We find that the
lower court properly summarily dismissed the petition because several
of the alleged bases for relief in the petition are not proper grounds
for habeas relief and the remaining allegations lack merit.

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

STATE OF TENNESSEE v. CLAUDE W. CHEEKS

Court:TCCA

Attorneys:                          

Bryan Henry Hoss, C. Leland Davis, and David W. Wallace, Chattanooga,
Tennessee, for the appellant, Claude W. Cheeks.

Paul G. Summers, Attorney General and Reporter; Angele M. Gregory,
Assistant Attorney General; William H. Cox, District Attorney General;
and Dean Ferraro and Mary Sullivan Moore, Assistant District Attorneys
General, for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Claude W. Cheeks, was convicted by a jury in the
Hamilton County Criminal Court of one count of especially aggravated
robbery and two counts of aggravated assault.  The trial court
sentenced the appellant to a total effective sentence of twenty-five
years incarceration in the Tennessee Department of Correction.  The
appellant appealed and on July 22, 2002, this court reversed his
convictions, finding that the appellant had met his burden of
establishing his insanity at the time of the offenses.  The State
filed an application for permission to appeal to our supreme court
pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure. 
The supreme court granted the State's application for the sole purpose
of remanding the case to this court for reconsideration in light of
its opinion in State v. Flake, 88 S.W.3d 540 (Tenn. 2002).  Upon
reconsideration, we affirm the judgments of the trial court.

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

JAMES EUGENE PARKS, JR. v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Lisa B. Morton, Knoxville, Tennessee, for the appellant, James Eugene
Parks, Jr.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assistant Attorney General; Randall Eugene Nichols, District Attorney
General; Marsha Mitchell, Assistant District Attorney General; and
Culver Schmid, Special Prosecuting Attorney, for the appellee, State
of Tennessee.

Judge: TIPTON

First Paragraph:

The petitioner, James Eugene Parks, appeals the Knox County Criminal
Court's denial of his petitions for post-conviction relief from
robbery-related convictions.  He contends that he did not voluntarily
enter guilty pleas because he was under the influence of alcohol at
the time of the pleas.  He also claims that he received the
ineffective assistance of counsel because his attorneys did not
investigate the case adequately.  We affirm the trial court's denial
of the petitions.

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

STATE OF TENNESSEE v. WILLIE IRA POTEAT, JR.

Court:TCCA

Attorneys:                          

William A. Kennedy, Blountville, Tennessee, for the appellant, Willie
Ira Poteat, Jr.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Braden H. Boucek, Assistant Attorney General; H.
Greeley Wells, Jr., District Attorney General; and J. Lewis Combs,
Assistant District Attorney General, for the appellee, State of
Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Defendant, Willie Ira Poteat, Jr., was indicted by the Sullivan
County Grand Jury for possession of more than 26 grams of cocaine for
resale and criminal conspiracy to sell more than 26 grams of cocaine. 
The Defendant filed a motion to suppress evidence taken during the
execution of a search warrant, which the trial court denied. 
Thereafter, the Defendant entered a plea of nolo contendere to the
charges against him, reserving the right to appeal a certified
question of law regarding the trial court's ruling on the suppression
issue.  We now address the Defendant's appeal based upon this
certified question of law.

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

STATE OF TENNESSEE v. ANGELEE PRATER

Court:TCCA

Attorneys:                          

Larry G. Roddy, Sale Creek, Tennessee, for the appellant, Angelee
Prater.

Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger,
Assistant Attorney General; J. Michael Taylor, District Attorney
General; and Will Dunn, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The appellant, Angelee Prater, was convicted by a jury of aggravated
child abuse, a Class A felony and fined $25,000.  As a result of the
conviction, the trial court sentenced her to twenty-one years and six
months incarceration as a Range I, standard offender and classified
her release eligibility at 100% as a violent offender.  After the
trial court denied the appellant's motion for a new trial, she
appealed.  The appellant argues on appeal that the aggravated child
abuse statutes, Tennessee Code Annotated sections 39-15-401 and -402
are unconstitutionally vague as applied to her conduct and that the
evidence was not sufficient to support a verdict of guilt.  After a
thorough review of the record, we conclude that the statutes in
question are constitutional and that the evidence is sufficient to
support the verdict of guilt.  Accordingly, the judgment of the trial
court is affirmed.

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

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