Opinion Flash

March 25, 2004
Volume 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):
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
00 New Opinion(s) from the Tennessee Court of Appeals
07 New Opinion(s) from the Tennessee Court of Criminal Appeals
03 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


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

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