Opinion FlashDecember 05, 2003
Volume 9 Number 222
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
CLESSIE JACO, Jr. v. STATE OF TENNESSEE Court:TSC Attorneys: John S. Colley, III, Columbia, Tennessee, for the appellant, Clessie Jaco, Jr. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Kim R. Helper, Assistant Attorney General; T. Michael Bottoms, District Attorney General; and Larry Nickell, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: DROWOTA First Paragraph: We granted permission to appeal in this post-conviction case to determine whether the Court of Criminal Appeals erred in holding that Mr. Jaco's guilty plea was knowingly and voluntarily entered even though he was not informed of the psychiatric certification mandated by Tennessee Code Annotated section 40-35-503(c) for sex offenders before release on parole. We hold that Mr. Jaco's guilty plea met the standard of knowing and voluntary. A defendant need not be informed of all criteria that affect his possible release on parole in order for his guilty plea to be constitutionally sound. Accordingly, the holding of the Court of Criminal Appeals is affirmed. http://www.tba.org/tba_files/TSC/jacoclessie.wpd
WILLIAM PERRIN v. GAYLORD ENTERTAINMENT CO., ET AL. Court:TSC - Workers Comp Panel Attorneys: Ann Buntin Steiner, Nashville, Tennessee, for the Appellant, William Perrin. Richard K. Smith and Kathleen W. Smith, Nashville, Tennessee, for the Appellee, Gaylord Entertainment Company. Judge: ANDERSON First Paragraph: We granted review to determine whether the employee's action for reconsideration of his workers' compensation benefits was filed too late pursuant to Tennessee Code Annotated section 50-6- 241(a)(2) (1999). The trial court found that the employee's action to reconsider his prior award was untimely because it was filed more than one year after his employment with his pre-injury employer had ended and also found that the employee's settlement with his pre-injury employer had waived his right to reconsideration. The Special Workers' Compensation Appeals Panel affirmed the trial court's ruling on the ground that the action was untimely. After reviewing the record and applicable authority, we agree that the employee's action to reconsider his award of benefits was untimely because it was not filed within one year of his loss of employment with his pre-injury employer as required by Tennessee Code Annotated section 50-6-241(a)(2). Accordingly, we affirm the findings of fact and conclusions of law of the Panel. http://www.tba.org/tba_files/TSC_WCP/perrinw.wpd
STATE OF TENNESSEE v. STEVE McKENZIE Court:TCCA Attorneys: John P. Konvalinka and David M. Elliott, Chattanooga, Tennessee; and M. Drew Robinson, Cleveland, Tennessee, for the appellant, Steve McKenzie. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Jerry N. Estes, District Attorney General; and Joseph V. Hoffer, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant, Steve McKenzie, pled guilty to DUI, a Class A misdemeanor, and violation of the open container law, a Class C misdemeanor, and was sentenced, respectively, to concurrent sentences of eleven months, twenty-nine days, all suspended except for seven days, and thirty days, to be served on probation. As a condition of his guilty pleas, the defendant reserved two certified questions of law: (1) whether the trial court should have dismissed the charges or ordered another preliminary hearing because the tape recording of the initial hearing was inaudible; and (2) whether the trial court erred in denying his motion to suppress evidence obtained as the result of his alleged illegal arrest. On appeal, the defendant pursued only the second question, which the State argues is not dispositive of the charges, resulting in this matter not properly being before the court. We agree that the certified question is not dispositive and, accordingly, dismiss the appeal. http://www.tba.org/tba_files/TCCA/mckenziesteve.wpd
STATE OF TENNESSEE v. JAYE WESLEY MITTS Court:TCCA Attorneys: Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; William Paul Phillips, District Attorney General; and Michael O. Ripley, Assistant District Attorney General, for the appellant, State of Tennessee. Lee Asbury, Jacksboro, Tennessee, for the appellee, Jaye Wesley Mitts. Judge: WILLIAMS First Paragraph: The State appeals contending the trial court erred in allowing the defendant to receive jail credit from an unrelated charge against the 150-day mandatory minimum sentence he received in his plea to sixth offense D.U.I. Also, the State alleges error in the trial court modifying the defendant's payment plan for paying fines and costs to less than the defendant agreed to pay when the trial court accepted the defendant's plea agreement. We conclude it was error to allow this defendant to receive any jail credit toward his mandatory minimum of 150 days for his sixth D.U.I. offense where the credit accumulated on an unrelated charge. We further conclude the trial court was within its discretion to modify the payment plan, not the overall fine, upon determining the defendant did not have the ability to pay. We reverse in part and affirm in part the judgments of the trial court and remand for entry of a corrected judgment consistent with this opinion. http://www.tba.org/tba_files/TCCA/mittsjw.wpd
STEVEN BERNARD WLODARZ v. STATE OF TENNESSEE Court:TCCA Attorneys: Wayne R. Stambaugh, Morristown, Tennessee, for the appellant, Steven Bernard Wlodarz. Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; C. Berkeley Bell, Jr., District Attorney General; and John Douglas Godbee, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The petitioner, Steven Bernard Wlodarz, appeals the Hawkins County Criminal Court's denial of his petition for post-conviction relief from his guilty pleas to first degree premeditated murder, attempted first degree premeditated murder, two counts of aggravated assault, and one count of manufacturing a Schedule VI controlled substance and resulting sentence of life without parole. He claims that his guilty pleas were not knowingly, intelligently, and voluntarily entered because (1) his trial counsel coerced him into pleading guilty, (2) his trial counsel failed to inform him of important defense evidence before he accepted the state's plea offer, and (3) he was taking medications that may have affected his ability to understand his pleas. In addition, he contends that he received the ineffective assistance of counsel because his trial attorneys waived one of his preliminary hearings without his consent, failed to file a motion to suppress evidence, and failed to prepare a defense. We affirm the trial court's denial of the petition. http://www.tba.org/tba_files/TCCA/wlodarzstevenb.wpd
PLEASE FORWARD THIS E-MAIL!
GET A FULL-TEXT COPY OF AN OPINION!
JOIN THE TENNESSEE BAR ASSOCIATION!
SUBSCRIBE TO OPINION FLASH!
UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!
But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi
Home Contact Us PageFinder What's New Help
© Copyright 2003 Tennessee Bar Association