Opinion Flash

Novemmber 10, 2003
Volume 9 — Number 206

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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 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


SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_1110.wpd

STATE OF TENNESSEE v. TAMMY HART

Court:TCCA

Attorneys:                          

Thomas McKinney, Jr., Kingsport, Tennessee, for the appellant, Tammy
Hart.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Brent C. Cherry, Assistant Attorney General; Joe C.
Crumley, Jr., District Attorney General; Ken Baldwin and Tony Clark,
Assistant District Attorneys General, for the appellee, State of
Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Johnson County Grand Jury indicted the Defendant, Tammy Hart, for
child endangerment, vehicular homicide, and aggravated vehicular
homicide after the Defendant's car collided "head-on" with another
car, killing the other driver.  A Johnson County jury convicted the
Defendant of child endangerment and vehicular homicide.  The Defendant
waived her right to a jury trial on the third count of the indictment,
and the trial court found the Defendant guilty of aggravated vehicular
homicide and merged the vehicular homicide conviction with the
aggravated vehicular homicide conviction.  The trial court sentenced
the Defendant to eleven months, twenty-nine days for child
endangerment, all of which was suspended except for thirty days, and
twenty-three years for the aggravated vehicular homicide conviction
and ordered the sentences to run consecutively.  On appeal, the
Defendant contends the following: (1) that the trial court erred by
denying the Defendant's motion to suppress her medical records; (2)
that the trial court erred in admitting the Defendant's medical
records into evidence; (3) that the Defendant's constitutional right
of confrontation was violated by the admission of her medical records
into evidence; and (4) that the evidence presented at trial was
insufficient to sustain her convictions.  Finding no reversible error
and concluding that sufficient evidence exists in the record to
support the Defendant's convictions, we affirm the trial court's
judgments.

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

STATE OF TENNESSEE v. THERESA C. RUNION

Court:TCCA

Attorneys:                          

Raymond Mack Garner, District Public Defender; and Shawn G. Graham,
Assistant District Public Defender, for the appellant, Theresa C.
Runion.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Michael L. Flynn, District Attorney
General; and Edward P. Bailey, Jr., Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant pled guilty to simple burglary.  At sentencing, the
trial court imposed a two-year sentence with sixty days to be served
in the county jail followed by probation.  In this appeal, the
appellant argues the trial court erred: (1) in denying judicial
diversion; and (2) in denying full probation.  We affirm the judgment
of the trial court.

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

STATE OF TENNESSEE v. ANDREW PHILLIP STOVER

Court:TCCA

Attorneys:                          

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; and Joe C. Crumley, Jr., District Attorney
General, for the appellant, State of Tennessee.

Mark D. Slagle, Johnson City, Tennessee, for the appellee, Andrew
Phillip Stover.

Judge: GLENN

First Paragraph:

The defendant pled guilty to the sale of less than .5 gram of a
Schedule II controlled substance, a Class C felony, and two counts of
the sale of a Schedule VI controlled substance, Class E felonies,
receiving an effective sentence of five years in the Department of
Correction.  Following a sentencing hearing, the trial court granted
the defendant's request for judicial diversion, concluding he was
eligible for diversion because he had not previously been convicted of
a felony or a Class A misdemeanor and his history and circumstances
demonstrated he was a suitable candidate for judicial diversion.  The
State appealed, arguing that the defendant was eligible for diversion
only because the trial court modified his prior conviction from a
Class A misdemeanor to a Class C misdemeanor.  Following our review,
we affirm the order of the trial court.

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

STATE OF TENNESSEE v. ROBERT MICHAEL WINTERS

Court:TCCA

Attorneys:                          

Philip L. Duval and Melanie Snipes, Chattanooga, Tennessee, for the
Appellant, Robert Michael Winters.

Paul G. Summers, Attorney General & Reporter; Peter M. Coughlin,
Assistant Attorney General; William H. Cox, III, District Attorney
General; and Lila Statom and Dean Ferraro, Assistant District
Attorneys General, for the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

Robert Michael Winters appeals his Hamilton County convictions of
first-degree murder and  aggravated robbery relative to events which
culminated in the death of Vernise Sheffield, for which the defendant
is serving concurrent sentences of life with the possibility of parole
and 12 years, respectively.  In this direct appeal, Winters alleges
that his convictions are unsupported by sufficient evidence, that the
trial court erroneously instructed the jury on criminal
responsibility, that the trial court erroneously admitted a letter
from the defendant to his wife which was properly subject to the
marital communications privilege, and that the trial court erroneously
admitted a prior consistent statement to rehabilitate a state's
witness.  Because we are unconvinced that harmful error occurred, we
affirm the defendant's first-degree  felony murder and aggravated
robbery convictions.  However, instructional error with respect to the
first-degree premeditated murder conviction requires that we reverse
that count and remand for a new trial.

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

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