Opinion Flash

October 29, 2003
Volume 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):
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
04 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


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

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