Opinion Flash

December 11, 2003
Volume 9 — Number 226

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
00 New Opinion(s) from the Tennessee Court of Appeals
05 New Opinion(s) from the Tennessee Court of Criminal Appeals
03 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


BOBBY D. CANADA v. STATE OF TENNESSEE 

Court:TCCA

Attorneys:                          

Robert S. Asbury, Jacksboro, Tennessee, for the appellant, Bobby D.
Canada.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assistant Attorney General; William Paul Phillips, District Attorney
General; and Michael O. Ripley, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The petitioner was indicted for first degree murder and aggravated
arson.  Pursuant to a plea agreement, he pled guilty to second degree
murder and setting fire to personal property.  The petitioner filed
for post-conviction relief, contending that he received ineffective
assistance of counsel and that his guilty plea was not knowing and
voluntary.  The post-conviction court denied the petitioner relief. 
The judgment of the post-conviction court is affirmed.

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

DWAN L. CRISP v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Dwan L. Crisp, Henning, Tennessee, Pro se.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; and Thomas A. Thomas, District Attorney
General, for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The petitioner, Dwan L. Crisp, pled guilty in the Obion County Circuit
Court to one count of rape and was sentenced to eight years
incarceration in the Tennessee Department of Correction. 
Subsequently, the petitioner filed for testing of human biological
evidence under the Post-Conviction DNA Analysis Act of 2001.  The
post-conviction court denied the petition and the petitioner timely
appealed.  Upon review of the record and the parties' briefs, we
affirm the judgment of the post- conviction court.

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

STATE OF TENNESSEE v. KENNETH PENCE

Court:TCCA

Attorneys:                          

L.L. Harrell, Jr., Trenton, Tennessee, for the appellant, Kenneth
Pence.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; and Garry G. Brown, District Attorney
General, for the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

The defendant pled guilty to aggravated assault in exchange for a
three-year sentence to be served on supervised probation with the
trial court to determine the amount of restitution.  Following a
sentencing hearing, the trial court ordered the defendant to pay
approximately $7,900.00 in restitution.  In this appeal, the defendant
argues: (1) the trial court erred in refusing to allow proof at
sentencing regarding the circumstances surrounding the offense; and
(2) the trial court erred in imposing restitution for the victim's
lost wages, attorney's fees, and bond expenses, the latter two
expenses resulting from the victim's defending himself against
baseless criminal charges brought by the defendant.  We affirm the
trial court's decision regarding the admissibility of evidence and its
order requiring the defendant to pay restitution for the victim's lost
wages; we reverse the portion of the judgment which requires the
defendant to pay restitution for the victim's attorney's fees and bond
expenses.

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

DARROW LYNN WILLIAMS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

J. Barney Witherington, IV, Covington, Tennessee, for the Appellant,
Darrow Lynn Williams.

Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Elizabeth T. Rice, District Attorney
General; and Walt Freeland, Assistant District Attorney General, for
the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

The petitioner, Darrow Lynn Williams, seeks post-conviction relief
from his 2001 second degree murder conviction.  The Tipton County
Circuit Court denied post-conviction relief, and now on appeal, the
petitioner claims that his trial counsel was ineffective in failing to
prepare and devise a trial strategy.  Because the record supports the
lower court's decision, we affirm the dismissal of the post-conviction
petition.

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

CORWYN E. WINFIELD v. STATE OF TENNESSEE 

Court:TCCA

Attorneys:                          

Edward Witt Chandler, Mountain Home, Arkansas, for the appellant,
Corwyn E. Winfield.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Paul Hagerman, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

The petitioner appeals the denial of post-conviction relief relating
to his conviction for second degree murder.  He argues: (1) the trial
court at his original trial improperly instructed the jury regarding
the definition of "knowing"; (2) the prosecutor committed misconduct
during closing argument at the original trial; and (3) he did not
receive the effective assistance of counsel at trial and on appeal. 
We affirm the judgment of the post-conviction court.

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

Annexation of Parcels along Highway

Date: December 8, 2003

Opinion Number: 03-158                         

http://www.tba.org/tba_files/AG/2003/op158.pdf

Lottery Scholarship Qualifying Criteria

Date: December 8, 2003

Opinion Number: 03-159                         

http://www.tba.org/tba_files/AG/2003/op159.pdf

Powers of a Joint Board of Control jointly operating one or more
schools

Date: December 8, 2003

Opinion Number: 03-160                         

http://www.tba.org/tba_files/AG/2003/op160.pdf

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