Opinion Flash

February 06, 2004
Volume 10 — Number 025

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
09 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


JAMES ROY SMITH, JR. v. MARY ELIZABETH SMITH AND AIR DRAULICS
ENGINEERING COMPANY, INC., GARNISHEE

Court:TCA

Attorneys:                          

Howard B. Hayden, Memphis, Tennessee, for the appellant, Air Draulics
Engineering Company, Inc.

Valorie Corder, Memphis, Tennessee, for the appellee, James Roy Smith,
Jr.

Terese B. Deboo, Guardian Ad Litem, Memphis, Tennessee, appellee, pro
se.

Judge: KIRBY

First Paragraph:

This is a garnishment case.  In the underlying child custody
proceedings, the father obtained primary custody of the parties' minor
child, and the mother was ordered to pay child support.  The father
and the child's guardian ad litem subsequently obtained judgments
against the mother for child support, attorney's fees, and guardian ad
litem fees.  To collect on the judgments, the father and the guardian
ad litem filed four garnishments against the mother's wages.  After
the fourth garnishment was filed, the garnishee failed to answer.  A
hearing was set to determine whether a conditional judgment should be
against the garnishee for the entire debt.  On the eve of the hearing,
the garnishee filed an answer to the garnishment, admitting liability.
 Nevertheless, the trial court entered a conditional judgment against
the garnishee for the entire amount of the mother's debt.  After a
subsequent scire facias hearing, the trial court made the conditional
judgment a final judgment for the entire amount of the debt.  The
garnishee now appeals.  We reverse, concluding that, because the
garnishee filed an answer, albeit untimely, the trial court was
without authority to enter a conditional judgment against the
garnishee.

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

STATE OF TENNESSEE v. ALFRED EUGENE BRADLEY

Court:TCCA

Attorneys:                          

Melanie R. Snipes, Chattanooga, Tennessee, for the appellant, Alfred
Eugene Bradley.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; William H. Cox, III, District Attorney
General; and Lila J. Statom and David W. Denny, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The defendant was convicted by a Hamilton County Criminal Court jury
of four counts of attempted first degree murder, Class A felonies;
aggravated arson, a Class A felony; and false imprisonment, assault,
and theft under $500, all Class A misdemeanors.  He was sentenced by
the trial court to an effective sentence of twenty-two years and six
months in the Department of Correction.  Following the denial of his
motion for a new trial, the defendant filed a timely appeal to this
court, raising the following issues:  (1) whether the evidence was
sufficient to support his convictions for aggravated arson and
attempted first degree murder; (2) whether the trial court erred in
denying his motion to suppress his statements to law enforcement
officers; (3) whether the trial court erred in allowing the State to
call a rebuttal witness during the presentation of its case in chief;
(4) whether the trial court properly sentenced the defendant for his
attempted first degree murder and aggravated arson convictions; and
(5) whether the cumulative errors prevented the defendant from
receiving a fair trial.  Based on our review, we affirm the judgments
of the trial court, but remand for entry of a corrected judgment for
the defendant's assault conviction in Count 2 of Case No. 234375.

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

JAMES LARRY CONRAD, SR. v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Matthew John, Memphis, Tennessee (at trial), for the appellant, and
James Larry Conrad, Sr., Whiteville, Tennessee (on appeal), Pro se.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Paul Hagerman, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The petitioner, James Larry Conrad, Sr., appeals from the denial of
his petition for post-conviction relief.  Following an evidentiary
hearing, the post-conviction court dismissed the petition. The
petitioner timely appealed, alleging prosecutorial misconduct, that
the trial court erred in an evidentiary ruling, and that trial counsel
was ineffective. 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/conradjl.wpd

STATE OF TENNESSEE v. CLIFFORD JAMES ENGUM

Court:TCCA

Attorneys:                          

Helen M. Donnelly, Knoxville, Tennessee (at trial and on appeal) and
Patrick B. Moore, Atlanta, Georgia (at trial), for the appellant,
Clifford James Engum.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; James G. (Jerry) Woodall, District
Attorney General; and Alfred L. Earls, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Clifford James Engum, pled guilty in the Madison County
Criminal Court to vehicular homicide by recklessness and aggravated
assault with a deadly weapon, to-wit: a motor vehicle.  Pursuant to
the plea agreement, the appellant received a total effective sentence
of eight years incarceration in the Tennessee Department of
Correction.  The trial court ordered the appellant to serve one year
of his sentence in confinement and the remainder of his sentence on
probation.  On appeal, the appellant contests the trial court's denial
of full probation and the eight-year suspension of his driver's
license.  Upon review of the record and the parties' briefs, we remand
to the trial court for correction of the judgment of conviction for
vehicular homicide to reflect that the appellant's driving privileges
in the state of Tennessee are revoked for a period of eight years. 
The judgments of the trial court are affirmed in all other respects.

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

STATE OF TENNESSEE  v.  BRANDON D. FORBES

Court:TCCA

Attorneys:                          

Merrilyn Feirman, Nashville, Tennessee (on appeal); William Bradley
Lockert, III, District Public Defender; and Christopher L. Young,
Assistant Public Defender (at trial) for the appellant, Brandon D.
Forbes.

Paul G. Summers, Attorney General and Reporter; Kim R. Helper,
Assistant Attorney General; Dan M. Alsobrooks, District Attorney
General; and Kim Menke, Assistant District Attorney General, for the
appellee, the State of Tennessee.

Judge: WOODALL
 
First Paragraph:

Defendant, Brandon D. Forbes, was indicted on one count of aggravated
robbery and one count of theft.  Following a jury trial, Defendant was
convicted of both counts.  The trial court merged the two counts into
a single count of aggravated robbery.  Following a sentencing hearing,
Defendant was sentenced to serve ten years.  In this appeal as of
right, Defendant challenges the sufficiency of the evidence and argues
that his sentence was excessive.  After a careful review of the
record, we affirm the judgment of the trial court.

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

BLAKE E. HALLUM  v.  STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

David A. Gold, Nashville, Tennessee, for the appellant, Blake E.
Hallum.

Paul G. Summers, Attorney General and Reporter; Kim R. Helper,
Assistant Attorney General; Victor S. Johnson III, District Attorney
General; and Katrin Novak Miller, Assistant District Attorney General,
for the appellee, the State of Tennessee.

Judge: WOODALL

First Paragraph:

Petitioner, Blake E. Hallum, appeals from the trial court's summary
dismissal of his petition for writ of error coram nobis.  After a
review of the record and the applicable law, we affirm the judgment of
the trial court.

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

MICHAEL P. HEALY v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Juni Ganguli, Memphis, Tennessee, for the appellant, Michael P. Healy.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; William L. Gibbons, District Attorney
General; and Lee Coffee, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The petitioner appeals the trial court's finding that the petitioner
received effective assistance of counsel both before and during trial.
 We affirm the denial of the post-conviction relief.

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

STATE OF TENNESSEE v. DERRY LAVELLE LOVINS

Court:TCCA

Attorneys:                          

Charles M. Agee, Jr., Dyersburg, Tennessee, for the appellant, Derry
Lavelle Lovins.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; J. Ross Dyer, Assistant Attorney General; and C.
Phillip Bivens, District Attorney General, for the appellee, State of
Tennessee.

Judge: WEDEMEYER

First Paragraph:

A Dyer County jury found the Defendant, Derry Lavelle Lovins, guilty
of second degree murder, and the trial court sentenced the Defendant
to twenty-three years in prison.  The Defendant now appeals,
contending that the evidence presented at trial is insufficient to
support his conviction.  Finding that sufficient evidence exists, we
affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. KENNETH RICHARD

Court:TCCA

Attorneys:                          

Frank Deslauriers, Covington, Tennessee, for the appellant, Kenneth
Richard.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; J. Ross Dyer, Assistant Attorney General; Elizabeth
T. Rice, District Attorney General; Walt Freeland, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

A Tipton County jury found the Defendant, Kenneth Richard, guilty of
two counts of reckless endangerment and one count of vandalism.  The
trial court sentenced the Defendant to eleven months and twenty-nine
days on each count, to run concurrently and to be served in the Tipton
County Jail.  The Defendant appeals, contending that the trial court
erred when it failed to sentence him to probation.  After reviewing
the record, we find no reversible error and we, therefore, affirm the
judgments of the trial court.

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

CLIFFORD WARD, JR. v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Matthew F. Mayo, Nashville, Tennessee, for the appellant, Clifford
Ward, Jr.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Brian Keith Holmgren, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The petitioner, Clifford Ward, Jr., appeals the Davidson County
Criminal Court's denial of his petition for post-conviction relief
from his guilty pleas to two counts of rape of a child, two counts of
aggravated sexual battery, and effective twenty-five-year sentence. 
He contends that he received the ineffective assistance of counsel
because his trial attorney failed to investigate his case.  We affirm
the trial court.

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

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