Opinion Flash

February 13, 2004
Volume 10 — Number 030

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
02 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

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.

Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


CHARLES BEARD, SR. v. FLORENCE E. BEARD

Court:TCA

Attorneys:                          

Charles Beard, Sr., pro se Appellant.

Erskine P. Mabee, Chattanooga, Tennessee, for the Appellee Florence E.
Beard.

Judge: SWINEY

First Paragraph:

Charles Beard, Sr. ("Father") filed a petition seeking to have primary
residential custody of the parties' two children transferred from
Florence E. Beard ("Mother") to him.  In the alternative, Father
sought a reduction in his child support payments.  After a hearing,
the Trial Court refused to change the custody arrangement, again
designating Mother the primary residential parent.  The Trial Court
did not alter Father's child support payments.  Father appeals.  We
affirm.

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

HONNIE GUNNOE, ET AL. v. GERALD LEE LAMBERT, ET AL. v. L.D. SIMERLY,
ET AL.

Court:TCA

Attorneys:                          

Kathryn J. Dugger-Edwards, Elizabethton, Tennessee, for the
Appellants, Honnie Gunnoe and wife, Virginia Ott Gunnoe.

Thomas C. Jessee, Johnson City, Tennessee, for the Appellees, L.D.
Simerly and wife, Geraldine Simerly.

William J. Byrd, Elizabethton, Tennessee, for the Appellees, Gerald
Lee Lambert and wife, Janice Lee Lambert.

Judge: SWINEY

First Paragraph:

Honnie Gunnoe and Virginia Ott Gunnoe ("Plaintiffs") sued their
neighbors, Gerald Lee Lambert and Janice Lee Lambert ("the Lamberts")
and L.D. Simerly and Geraldine Simerly ("the Simerlys") seeking, among
other things, to quiet title to a parcel of land.  After a bench
trial, the Trial Court found, inter alia, that Plaintiffs did not own
the land in question.  Plaintiffs appeal.  We affirm.

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

STATE OF TENNESSEE v. MICHAEL CHRISTOPHER ABRAMS

Court:TCCA

Attorneys:                          

Herbert S. Moncier, Knoxville, Tennessee, for the appellant, Michael
Christopher Abrams.

Paul G. Summers, Attorney General and Reporter; Braden H. Boucek,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and C. Leon Franks, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The petitioner appeals the Knox County Criminal Court's summary
dismissal of his appeal and petition for writ of certiorari, arguing
that he was entitled to a criminal court review of the general
sessions court's ruling on his motion to suppress evidence.  Because
we conclude we lack jurisdiction, we dismiss the appeal.

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

STATE OF TENNESSEE v. BOBBY BLAIR

Court:TCCA

Attorneys:                          

William B. "Jake" Lockert, III, District Public Defender, for the
appellant, Bobby Blair.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; Dan Mitchum Alsobrooks, District Attorney
General; and Lisa Carol Donegan, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

A Humphreys County Circuit Court jury convicted the defendant, Bobby
Blair, of manufacturing methamphetamine, a Class B felony, and the
trial court sentenced him as a Range I, standard offender to twelve
years in the Department of Correction.  The defendant appeals,
claiming that (1) the evidence is insufficient to support his
conviction; (2) the trial court erred by refusing to grant a
continuance when the state announced a few days before trial that it
was going to call an expert witness to testify; (3) the trial court
erred by denying the defendant's motion to suppress and exclude
evidence because the defense was not able to examine and test the
equipment and chemicals found at the crime scene; (4) the trial court
erred by allowing the state's expert to testify that the defendant was
not manufacturing methamphetamine for personal use; (5) the trial
court erred by failing to instruct the jury on the lesser included
offense of simple possession of methamphetamine; and (6) the trial
court erred by refusing to instruct the jury on "immediate precursor."
 We conclude that no error occurred, and we affirm the judgment of the
trial court.

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

STATE OF TENNESSEE v. SHARN GREEN

Court:TCCA

Attorneys:                          

Robert Wilson Jones, District Public Defender, and Timothy J. Albers
and Garland I. Ergueden, Assistant Public Defenders, for the appellant,
Sharn Green.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Eric Christensen, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The defendant was convicted of two counts of theft of property over
$10,000 and one count of burglary of a motor vehicle.  The defendant
contends on appeal that (1) the evidence was insufficient to support
the convictions for theft and burglary, and (2) double jeopardy
prohibits multiple convictions for the theft of a single vehicle by
both "obtaining" and "exercising control."  We conclude that the two
convictions for theft must be merged into a single conviction in order
to avoid double jeopardy.  The judgments of the trial court are
affirmed in all other respects.  We remand for correction of the
judgment forms and merger of the theft convictions.

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

STATE OF TENNESSEE V. JOE R. OSBORNE

Court:TCCA

Attorneys:                          

Robert H. Hassell, Franklin, Tennessee, for the appellant, Joe R.
Osborne.

Paul G. Summers, Attorney General & Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; and Ron Davis, District Attorney General;
and Georgia Felner, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The appellant, Joe Robert Osborne, was convicted by a jury of one
count of Driving Under the Influence (DUI).  As a result, he was
sentenced to 11 months and 29 days, with probation after service of 48
hours in jail, revocation of his driver's license for one year,
mandatory attendance at Alcohol Safety School and assessed a $350
fine.  On appeal, he challenges the sufficiency of the evidence and
the trial court's failure to instruct the jury on the "missing
witness" inference.  Because we conclude there was no reversible
error, we affirm the judgment of the trial court.

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

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi


HomeContact UsPageFinderWhat's NewHelp
© Copyright 2004 Tennessee Bar Association