Opinion Flash

December 12, 2003
Volume 9 — Number 227

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
06	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

STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES v. K.G., ET AL.
In re: K.L.H.

Court:TCA

Attorneys:                          

Cara C. Welsh, Chattanooga, Tennessee, for the Appellant, K.G.

Paul G. Summers and Elizabeth C. Driver, Nashville, Tennessee, for the
Appellee, State of Tennessee, Department of Children's Services.

Judge: SWINEY

First Paragraph:

The State of Tennessee, Department of Children's Services ("DCS")
filed a petition seeking to terminate the parental rights of K.G.
("Mother"), and F.L.H., Jr. ("Father"), the biological parents of the
minor child, K.L.H. ("the Child").  The Trial Court granted DCS'
petition to terminate first Father's, and later Mother's, parental
rights.  Mother appeals.  We vacate the order terminating Mother's
parental rights and remand for a new termination decision.

http://www.tba.org/tba_files/TCA/kg.wpd

FRANK ROBERT BIGSBY v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Brad W. Hornsby and Aaron S. Guin, Bullock, Fly, Hornsby,
Murfreesboro, Tennessee, for the Appellant, Frank Robert Bigsby.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; P. Robin Dixon, Jr., Assistant Attorney General;
William C. Whitesell, Jr., District Attorney General; and John W.
Price, Assistant District Attorney General, for the Appellee, State of
Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Frank Robert Bigsby, appeals the Rutherford County
Circuit Court's dismissal of his petition for post-conviction relief. 
The sole issue in this appeal is whether Bigsby was denied the
effective assistance of counsel.  We are precluded, however, from
reviewing this issue based upon  the post-conviction court's failure
to make discernable findings of fact and conclusions of law, as
required by Tennessee Code Annotated S 40-30-111(b) (2003). 
Accordingly, this case is remanded for further proceedings consistent
with this opinion.

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

MICHAEL T. GUTHRIE v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Michael T. Guthrie, Nashville, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General;  W. Michael McCown, District Attorney
General; and Ann L. Filer, Assistant District Attorney General; for
the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The petitioner appeals the summary dismissal of his post-conviction
petition, alleging that proof of counsel's substance abuse was a
"late-arising" claim that involved due process concerns.  The
petitioner also challenged his hybrid sentence as to voluntary
manslaughter as illegal and unconstitutional.  We affirm the trial
court's dismissal.

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

STATE OF TENNESSEE v. MARK MAYNARD

Court:TCCA

Attorneys:                          

Russel A. Church, Clarksville, Tennessee, for the Appellant, Mark
Maynard.

Paul G. Summers, Attorney General & Reporter; David H. Findley,
Assistant Attorney General; John Wesley Carney, Jr., District Attorney
General; and Helen Young, Assistant District Attorney General, for the
Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

The defendant, Mark Steve Maynard, appeals from the Montgomery County
Circuit Court's ruling on a probation violation warrant.  On September
11, 2002, the court revoked the defendant's October 20, 2000 probation
that had resulted from four felony bad check convictions.  The court
ordered the defendant to serve his original effective sentence of
eight years in the Department of Correction.  Although the defendant
admitted that he had violated his probation, he challenges the trial
court's decision to require him to serve the original sentences in
incarceration.  Discerning no error in the lower court's judgment, we
affirm.

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

SHANNON PATTUM v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Matthew Mayo, Nashville, Tennessee, for the Appellant, Shannon Pattum.

Paul G. Summers, Attorney General & Reporter; Renee W. Turner,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Renee Erb, Assistant District Attorney General, for the
Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

The petitioner, Shannon Pattum, appeals from the Davidson County
Criminal Court's denial of post- conviction relief.  He claims that
his 1999 conviction for attempt to commit second degree murder is the
result of ineffective assistance of counsel and an unknowing,
involuntary guilty plea. The lower court disagreed and dismissed the
petition.  Upon our review of the record, the briefs of the parties,
and the applicable law, we affirm.

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

STATE OF TENNESSEE v. DOMINIC O. WOODS

Court:TCCA

Attorneys:                          

Chadwick G. Hunt, Savannah, Tennessee, for the appellant, Dominic O.
Woods.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; G. Robert Radford, District Attorney
General; and John W. Overton, Chief Deputy District Attorney, for the
appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The defendant contends on appeal that the trial court erred in denying
alternative sentencing.  The defendant pled guilty to possession of
crack cocaine (Schedule II controlled substance) with intent to sell
(Class B felony).  He agreed to an eight-year sentence, with the
manner of service to be determined at a sentencing hearing.  The trial
court ordered the sentence to be served in the Tennessee Department of
Correction, based on the defendant's prior criminal record and his
inability to reform his conduct.  The judgment of the trial court is
affirmed.

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

STATE OF TENNESSEE v. STEVEN BRIAN WOOLEY

Court:TCCA

Attorneys:                          

William D. Vaughn, Jackson, Tennessee (on appeal); and Michael L.
Frayser, Memphis, Tennessee (at trial), for the appellant, Steven
Brian Wooley.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; James G. Woodall, District Attorney
General; and Jody S. Pickens, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

A Madison County jury convicted the defendant, Steven Brian Wooley, 
of theft of property over $10,000.  The trial court sentenced him to
four years in confinement as a Range I standard offender.  On direct
appeal, the defendant contends he received ineffective assistance of
counsel at trial.  We affirm the judgment of the trial court

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

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