Opinion Flash

November 04, 2003
Volume 9 — Number 202

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
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


IN RE:  ESTATE OF DONALD BEN HENDERSON, DECEASED, JEFF HENDERSON V.
KENNETH HENDERSON

Court:TSC

Attorneys:                          

Eric J. Morrison and Chadwick B. Tindell, Knoxville, Tennessee, for
the appellant, Jeff Henderson.

Charles Dungan, Maryville, Tennessee, for the appellee, Kenneth
Henderson.

Judge: DROWOTA

First Paragraph:

We granted review in this case to decide whether a probate court's
rejection of all purported wills submitted for probate and the
entering of an order finding that the decedent died intestate
constitutes a final order for purposes of appeal.  Jeff Henderson, the
plaintiff-appellant, asserts that the trial court's order rejecting
the decedent's wills and finding that he died intestate was not a
final order because the trial court did not certify it as such under
Rule 54.02 of the Tennessee Rules of Civil Procedure.  The
defendant-appellee, Kenneth Henderson, responds that the rejection of
the submitted wills and the finding of intestacy represent a final
judgment which must be appealed, if at all, within thirty days.  The
Court of Appeals agreed with the defendant, and held that the probate
court's order rejecting the wills for probate was a final judgment
that had to be appealed within thirty days.  Since the plaintiff's
notice of appeal was filed beyond thirty days, the appeal was
dismissed.  After careful consideration, we have determined that the
intermediate court correctly resolved the case.  Accordingly, the
judgment of the Court of Appeals is affirmed.

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

STATE OF TENNESSEE v. GREGORY L. ANDERSON

Court:TCCA

Attorneys:                          

Brent Horst, Nashville, Tennessee, for the appellant, Gregory L.
Anderson.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General;  Victor S. (Torry) Johnson, III, District
Attorney General; and James D. Sledge, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The defendant was found guilty of driving under the influence, fifth
offense.  The defendant filed a motion to suppress the evidence
obtained as a result of the roadblock, contending that the officer
lacked reasonable suspicion to detain the defendant, the roadblock
guidelines are unconstitutional, and the police did not substantially
comply with the roadblock guidelines.  The defendant also made a
motion in limine to keep out testimony regarding the defendant's use
of a racial slur.  Both motions were denied.  We affirm the judgment
of the trial court as to all issues.

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

KELVIN WADE CLOYD v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Douglas A. Trant, Knoxville, Tennessee, for the appellant, Kelvin Wade
Cloyd.

Michael E. Moore, Solicitor General; David H. Findley, Assistant
Attorney General; Joe Crumley, District Attorney General; and Dennis
Brooks, Assistant District Attorney General, for the appellee, State
of Tennessee.

Judge: WADE

First Paragraph:

The post-conviction petitioner, Kelvin Wade Cloyd, was convicted of
two counts of vehicular homicide and possession of a controlled
substance.  After appointment of counsel and a hearing, the
post-conviction court denied relief.  In this appeal of right, he
asserts that he was denied the effective assistance of counsel at
trial and on appeal and that the state withheld evidence in violation
of Brady v. Maryland, 373 U.S. 83 (1963).  The judgment of the trial
court is affirmed.

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

STATE OF TENNESSEE v. JACKIE LEE McGHEE

Court:TCCA

Attorneys:                          

Roger A. Miller, Clinton, Tennessee (on appeal); Kevin Angel, Oak
Ridge, Tennessee (at trial); and Randall Crossing, Jefferson City,
Tennessee (at trial), for the appellant, Jackie Lee McGhee.

Paul G. Summers, Attorney General & Reporter; David H. Findley,
Assistant Attorney General; and Jan Hicks, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The defendant, Jackie Lee McGhee, was convicted of aggravated robbery.
 See Tenn. Code Ann. S 39-13-402(a)(1).  The trial court imposed a
Range I sentence of eight years.  In this appeal of right, the
defendant asserts that the evidence was insufficient to support his
conviction   The judgment is affirmed.

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

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