Opinion Flash

February 9, 2004
Volume 10 — Number 026

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_0209.wpd

JASON WARREN ALLEN v. STATE OF TENNESSEE 

Court:TCCA

Attorneys:                          

Jason Warren Allen, pro se. 

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

Judge: WITT

First Paragraph:

The Petitioner, Jason Warren Allen, appeals the trial court's
dismissal of his petition for post- conviction relief. The State has
filed a motion requesting that this Court affirm the trial court's
denial of relief pursuant to Rule 20, Rules of the Court of Criminal
Appeals. The petition is time-barred and the petitioner asserts no
claim which would toll the statute of limitations.  Accordingly, the
State's motion is granted and the judgment of the trial court is
affirmed.

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

WILLIE BAILEY v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

J. Barney Witherington, IV, Covington, Tennessee, for the appellant,
Willie Bailey.

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

Judge: WEDEMEYER

First Paragraph:

A Tipton County jury convicted the Petitioner, Willie Bailey, of
aggravated robbery and felony possession of a handgun, and the trial
court sentenced him to twenty-six years in prison.  On direct appeal,
this Court affirmed the Petitioner's sentence, and the Tennessee
Supreme Court denied the Petitioner's application for permission to
appeal.  The Petitioner then sought post-conviction relief, alleging
that he was denied effective assistance of counsel.  Following a
hearing on the post- conviction petition, the trial court dismissed
the petition.  On appeal, the Petitioner contends that he was denied
effective assistance of counsel for the following reasons: (1) trial
counsel failed to stipulate to the Petitioner's felony status during
the trial; and (2) trial counsel failed to file the trial transcript
with the appellate court on direct appeal.  Finding no error, we
affirm the post-conviction court's dismissal of the petition.

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

THADDEUS D. DANIEL v. STATE OF TENNESSEE 

Court:TCCA

Attorneys:                          

Thaddeus D. Daniel, Henning, Tennessee, Pro Se. 

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

Judge: TIPTON

First Paragraph:

The petitioner, Thaddeus D. Daniel, appeals the trial court's
dismissal of his petition for writ of habeas corpus. The state has
filed a motion requesting that this court affirm the trial court's
denial of relief pursuant to Rule 20, Tenn. Ct. Crim. App. R. The
petition presents no cognizable claim for habeas corpus relief, does
not state the cause or pretense of the petitioner's restraint, and was
not filed in the appropriate court.  Accordingly, the state's motion
is granted and the judgment of the trial court is affirmed.

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

STATE OF TENNESSEE V. STOKELY J. U. WAY
WITH CONCURRING OPINION

Court:TCCA

Attorneys:                          

Edward C. Miller, Public Defender, Dandridge, Tennessee, for the
appellant, Stokely J. U. Way.

Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger,
Assistant Attorney General; and Al Schmutzer, Jr., District Attorney
General; and Ronald C. Newcomb, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The Cocke County grand jury indicted the defendant, Stokely J. U. Way,
with six counts of rape and six counts of incest.  His trial was held
on July 31 and August 1 of 2001.  The jury convicted the defendant of
two counts of rape and two counts of incest.  The trial court
sentenced the defendant as a Range I Standard Offender to twelve (12)
years on each rape conviction, to run concurrently, and three (3)
years for each incest count to run concurrently to each other, but
consecutively to the rape sentences.  However, because there were
multiple rape convictions, the defendant's release eligibility for the
rape convictions is 100%.  The trial court levied the full fines
recommended by the jury of $50,000 for the rape convictions and
$20,000 for the incest convictions.  The defendant brings five issues
on appeal: (1) whether the trial court erred in allowing the hearsay
testimony of the victim's friend, Mary Ann Breeden, as to what the
victim told her regarding her father's incestuous relationship with
her; (2) whether the trial court erred by allowing the defendant's
preacher to testify about communications between him and the defendant
in violation of the clergy/parishioner privilege; (3)whether the
evidence was insufficient to establish the offenses of incest or rape
and more specifically, the element of force or coercion; (4) whether
the trial court erred in not charging all applicable lesser-included
offenses including assault, sexual battery, attempted rape, attempted
incest and child abuse; and (5) whether the sentences and fines
imposed by the trial court were excessive.  We affirm the trial
court's judgments.

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

CONCURRING OPINION
http://www.tba.org/tba_files/TCCA/waystokelyju_con.wpd

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