Opinion FlashMarch 25, 2004Volume 10 — Number 058 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):
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. Howard H. Vogel THOMAS BRANDON BOOKER v. STATE OF TENNESSEE Court:TCCA Attorneys: Curtis F. Hopper, Savannah, Tennessee, for the appellant, Thomas Brandon Booker. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; G. Robert Radford, District Attorney General; and John W. Overton, Jr., Chief Deputy District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The petitioner appeals the Hardin County Circuit Court's denial of his petition for post-conviction relief in which he alleged (1) ineffective assistance of counsel, and (2) due process violations as to the jury venire. We conclude that the petitioner was not denied the effective assistance of counsel, and the petitioner's other claims have been waived. We affirm the denial of post-conviction relief. http://www.tba.org/tba_files/TCCA/bookerthomasb.wpd STATE OF TENNESSEE v. JAY CHAMBERS WITH CONCURRING OPINION Court:TCCA Attorneys: John A. Beaty, Huntsville, Tennessee (on appeal), and Max Huff, Oneida, Tennessee (at trial), for the appellant, Jay Chambers. Paul G. Summers, Attorney General & Reporter; Renee W. Turner, Assistant Attorney General; and Lori Jones and John W. Galloway, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Jay Chambers, was convicted of one count of rape. The trial court imposed a Range I sentence of ten years. In this appeal, the defendant asserts that a former sheriff's deputy should not have been permitted to sit as a juror; that the trial court erred by permitting members of the jury to separate during a break; and that he was denied the effective assistance of counsel. Because the defendant's motion for new trial was untimely and the issues, even if meritorious, would not warrant a dismissal of the charge, the interests of justice do not require waiver of the timely filing of the notice of appeal. Accordingly, the appeal is dismissed. http://www.tba.org/tba_files/TCCA/chambersjay_opn.wpd CONCURRING OPINION http://www.tba.org/tba_files/TCCA/chambersjay_con.wpd GABRIEL ANTONIO CLARK v. STATE OF TENNESSEE Court:TCCA Attorneys: Benjamin C. Mayo, Jackson, Tennessee, for the Appellant, Gabriel Antonio Clark. Paul G. Summers, Attorney General & Reporter; Braden H, Boucek, Assistant Attorney General; James G. Woodall, District Attorney General; and Al Earls, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: Gabriel Antonio Clark appeals from the Madison County Circuit Court's denial of his petition for post-conviction relief. Because we agree with the lower court that the petitioner failed to prove his allegations by clear and convincing evidence, we affirm. http://www.tba.org/tba_files/TCCA/clarkg.wpd STATE OF TENNESSEE v. DANIEL ANDREW DECKER WITH DISSENTING OPINION Court:TCCA Attorneys: Ardena J. Garth, District Public Defender, and Karla G. Gothard, Assistant District Public Defender, for the appellant, Daniel Andrew Decker. Paul G. Summers, Attorney General & Reporter; John H. Bledsoe, Assistant Attorney General; and Barry Steelman, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Daniel Andrew Decker, appeals the trial court's order removing Assistant District Public Defender Karla Gothard as his counsel. Because the trial court did not abuse its discretionary authority, the judgment is affirmed. http://www.tba.org/tba_files/TCCA/deckerdanielandrew_opn.wpd DISSENTING OPINION http://www.tba.org/tba_files/TCCA/deckerdanielandrew_dis.wpd ERNEST B. EADY v. STATE OF TENNESSEE Court:TCCA Attorneys: Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Leland L. Price, Assistant District Attorney General, for the appellant, State of Tennessee. Gerald L. Gulley, Jr., Knoxville, Tennessee, for the appellee, Ernest B. Eady. Judge: GLENN First Paragraph: The petitioner, Ernest B. Eady, was convicted of second degree murder and sentenced to confinement for twenty years. His conviction and sentence were affirmed by this court and application for permission to appeal was denied by the supreme court. He filed a petition for post- conviction relief, alleging that trial counsel was ineffective for not raising as an issue on appeal that the jury had not been properly instructed as to murder second degree. Following a hearing, the post- conviction court granted the petition, and the State appealed. We reverse the order of the post- conviction court and remand for an order dismissing the petition for post-conviction relief. http://www.tba.org/tba_files/TCCA/eadyernestb.wpd SPARKLE DAVID MUNSEY v. STATE OF TENNESSEE Court:TCCA Attorneys: Gerald L. Gulley, Jr., Knoxville, Tennessee (on appeal); and Benjamin S. Pressnell, Tazewell, Tennessee (at trial), for the appellant, Sparkle David Munsey. Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III, Assistant Attorney General; and John Galloway, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The petitioner, Sparkle David Munsey, appeals the trial court's denial of his petition for post- conviction relief. In this appeal, he contends that (1) he did not knowingly, voluntarily, and intelligently waive his right to counsel and (2) his sentence should be vacated because the trial court failed to advise him of his right to appeal pursuant to Federal Rule of Criminal Procedure 32(A)(2). The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/munseysparkled.wpd STATE OF TENNESSEE v. JAMES DALE WALKER Court:TCCA Attorneys: Raymond Mack Garner, District Public Defender, for the appellant, James Dale Walker. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Robert L. Headrick, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, James Dale Walker, pled guilty in the Blount County Circuit Court to aggravated sexual exploitation of a minor, a Class C felony, and sexual exploitation of a minor, a Class E felony. Pursuant to the plea agreement, the defendant received concurrent sentences of six and two years, respectively, as a Range I, standard offender. The manner of service of the sentences was to be determined by the trial court. After a sentencing hearing, the trial court ordered that the defendant serve his sentences in total confinement. On appeal, this court reversed and remanded, ordering that the trial court reconsider a sentencing alternative to confinement in the Department of Correction (DOC). See State v. James Dale Walker, No. E2002-00263-CCA-R3-CD, Blount County (Tenn. Crim. App. Oct. 18, 2002). After a second sentencing hearing, the trial court ordered that the defendant serve six months in confinement and the remainder of his sentences on supervised probation. The defendant appeals, claiming that he should have received full probation. We affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/walkerjamesdale.wpd Insurance Premiums for County Gas Utility Commissioners -- Variation in Premium Amounts Paid Date: March 22, 2004 Opinion Number: 04-048 http://www.tba.org/tba_files/AG/2004/op48.pdf Authority to Impose Litigation Tax on Parking Tickets Date: March 23, 2004 Opinion Number: 04-049 http://www.tba.org/tba_files/AG/2004/op49.pdf Legality of campaign contributions by limited partnership Date: March 23, 2004 Opinion Number: 04-050 http://www.tba.org/tba_files/AG/2004/op50.pdf PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! 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