Opinion FlashOctober 29, 2003Volume 9 — Number 198 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):
TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Howard H. Vogel JANET BURKHEAD, ET AL. v. LISA M. RODEN Court:TCA Attorneys: Scott G. Kirk, Jackson, Tennessee, for the appellants, Janet Burkhead and Harry Burkhead. Stephen Craig Kennedy, Selmer, Tennessee, for the appellee, Lisa M. Roden. Judge: FARMER First Paragraph: This appeal arises from a personal injury cause of action in which Defendant conceded liability. The jury returned a verdict for Defendant, finding Defendant had not caused Plaintiff injury. We affirm. http://www.tba.org/tba_files/TCA/burkhd.wpd STATE OF TENNESSEE v. PAUL CHARLES CARNAHAN Court:TCCA Attorneys: Andrew N. Hall, Wartburg, Tennessee, for the appellant, Paul Charles Carnahan. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Brent C. Cherry, Assistant Attorney General; Scott McCluen, District Attorney General; and Roger Delp, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant, Paul Charles Carnahan, was indicted by the Grand Jury of Morgan County for unlawfully, knowingly, and intentionally failing to provide support for a minor child pursuant to Tennessee Code Annotated section 39-15-101. After the Defendant waived his right to a jury trial, the trial judge found him guilty of the Class E felony "Flagrant Nonsupport" and sentenced the Defendant to one year imprisonment and six years of probation. Further, the court ordered that the Defendant pay $64,041.19 in restitution. The Defendant now appeals that order contending: (1) that the evidence was insufficient to sustain his conviction; and (2) that the indictment contained a fatal flaw. Finding reversible error in the judgment of the trial court below, we reverse the Defendant's conviction and dismiss the indictment. http://www.tba.org/tba_files/TCCA/carnahanpc.wpd STATE OF TENNESSEE v. CHRISTOPHER ALLEN HARRIS Court:TCCA Attorneys: John G. McDougal, Chattanooga, Tennessee, for the appellant, Christopher Allen Harris. Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, Assistant Attorney General; Bill Cox, District Attorney General; and Yolanda Mitchell, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: On October 29, 1997, the Hamblen County Grand Jury returned an indictment against the appellant, Christopher Allen Harris for rape of a child in violation of Tennessee Code Annotated section 39-13- 522. On January 19, 2000, the appellant entered a guilty plea to attempted rape of a child. He received a sentence of eight years to be served as a work-release sentence for 11 months and 29 days in the county workhouse with the balance on intensive probation. The appellant raises the following issues in this appeal: (1) whether he was properly subject to revocation of a Community Corrections sentence, and (2) whether the record preponderates against a determination that he had violated the terms of his Community Corrections sentence. After a review the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/harrischristopher.wpd ROGER DALE LEWIS v. STATE OF TENNESSEE Court:TCCA Attorneys: Thomas Edward Nelson, Nashville, Tennessee, for the Appellant, Roger Dale Lewis. Michael E. Moore, Solicitor General; Kathy D. Aslinger, Assistant Attorney General; Lawrence Ray Whitley, District Attorney General; and C. Wayne Hyatt, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: Roger Dale Lewis, the petitioner, appeals the dismissal of his petition for post-conviction relief by the Sumner County Criminal Court. Through his petition, the petitioner sought to collaterally attack his aggravated arson conviction on the grounds of ineffective assistance of counsel and due process violations in the nature of suppression of exculpatory evidence and prosecutorial misconduct. After consideration of the entire record, we affirm the post-conviction court=s disposition. http://www.tba.org/tba_files/TCCA/lewisrogerdale.wpd STATE OF TENNESSEE v. RANDALL SCOTT Court:TCCA Attorneys: Jeffrey A. DeVasher, Assistant Public Defender, (on appeal), and J. Michael Engle, Assistant Public Defender, (at trial), for the appellant, Randall Scott. Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney, Assistant Attorney General; Victor S. Johnson, District Attorney General; Bill Reed and Roger Moore, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: A Davidson County jury convicted the defendant, Randall Scott, of rape of a child and aggravated sexual battery. This Court affirmed the defendant's convictions upon his direct appeal, see State v. Randall Scott, No. 01C01-9708-CR-00334, 1999 WL 547460, at *14 (Tenn. Crim. App. at Nashville, July 28, 1999), but the Tennessee Supreme Court reversed and remanded the case for a new trial, see State v. Scott, 33 S.W.3d 746 (Tenn. 2000). At the conclusion of the defendant's second trial, a second Davidson County jury convicted the defendant of rape of a child and aggravated sexual battery, and the trial court subsequently ordered the defendant to serve an aggregate thirty-five-year sentence for his convictions. The defendant now brings the instant direct appeal of his convictions and sentence alleging five grounds of error. The defendant argues that the trial court (1) erroneously admitted the evidence that the victim identified the defendant as her perpetrator in the first trial, (2) erroneously admitted certain hearsay testimony as an adoptive admission by a party opponent, (3) erroneously instructed the jury that they could draw an inference of guilt if they concluded that the defendant had concealed or destroyed or had attempted to destroy or conceal evidence of his crime, (4) failed to separate the defendant's charges for rape of a child and aggravated sexual battery, as was required by law, and (5) ordered the defendant to serve an excessive sentence. After a thorough review of the defendant's claims and the record, we find that several of the defendant's allegations were previously determined by this Court pursuant to his first direct appeal and that none of his claims merit relief. http://www.tba.org/tba_files/TCCA/scottrandall.wpd PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! 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