Opinion Flash

April 5, 2004
Volume 10 — Number 065

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
02 New Opinion(s) from the Tennessee Court of Appeals
02 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


SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0405.wpd

IN THE MATTER OF THE ESTATE OF JOAN FORSHEA PEARSON, DECEASED

Court:TCA

Attorneys:                          

William G. Hatton, Bolivar, Tennessee, for the appellant Bonnie White,
Executrix for the estate of Joan Forshea Pearson.

H. Morris Denton, Bolivar, Tennessee, for the appellee Bonnie Rudd.

Judge: KIRBY

First Paragraph:

This case involves a claim against a decedent's estate.  The claimant
asserted that the decedent owed  her a significant sum of money.  The
executrix of the estate excepted to the claim.  Despite considerable
evidence of suspicious surrounding circumstances, the trial court
claim was allowed.  Since we are unable to determine the basis for the
trial court's ruling, we remand for clarification of the record.

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

CITY OF SEVIERVILLE v. BILL GREEN, ET AL.

Court:TCA

Attorneys:                          

Linda J. Hamilton Mowles, Knoxville, Tennessee, for the Appellant,
City of Sevierville

Robert L. Ogle, Jr., Sevierville, Tennessee, for the Appellees, Bill
Green, Claudine Green, Dallas Coffman, and Jean Coffman

Judge: GODDARD

First Paragraph:

This appeal from the Sevier County Circuit Court questions whether the
Trial Court erred in awarding landowners compensation for incidental
damages to their property because the City of Sevierville changed the
frontage access to their property from unlimited access to restricted
access.  We affirm the judgment of the Trial Court.

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

STATE OF TENNESSEE v. DENNIS JOE PHILLIPS

Court:TCCA

Attorneys:                          

Paul G. Summers, Attorney General & Reporter; John H. Bledsoe,
Assistant Attorney General; and Jan Hicks, Assistant District Attorney
General, for the appellant, the State of Tennessee.

Nancy Meyer, Assistant Public Defender, for the appellee, Dennis Joe
Phillips.

Judge: WADE

First Paragraph:

The defendant, Dennis Joe Phillps, was indicted for driving under the
influence, third offense, and violation of the implied consent law. 
See Tenn. Code Ann. SS 55-10-401, 55-10-406.  Finding that the
arresting officer did not have specific articulable facts to justify
the traffic stop, the trial court granted a defense motion to
suppress.  In this appeal by the state, the issue presented for review
is whether the detention was based upon reasonable suspicion.  Because
the record demonstrates that the officer had a proper basis for the
investigatory stop, the judgment of the trial court is reversed and
the cause is remanded for trial.

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

STATE OF TENNESSEE v. CLIFFORD ROGERS

Court:TCCA

Attorneys:                          

Robert Wilson, District Public Defender; and Garland Erg_den,
Assistant Public Defender, for the appellant, Clifford Rogers.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Gerald Harris, Assistant District Attorney, for the
appellee, the State of Tennessee.

Judge: WOODALL

First Paragraph:

Following a jury trial, Defendant, Clifford Rogers, was convicted of
premeditated first degree murder, felony murder, and aggravated
assault.  Defendant received an effective sentence of life plus
fifteen years for his convictions.  In this appeal as of right,
Defendant challenges the sufficiency of the convicting evidence and
the trial court's order of consecutive sentencing.  Because the trial
court erroneously entered judgments of convictions for the offenses of
premeditated first degree murder and felony murder, rather than
merging the two offenses at sentencing, we merge Defendant's
conviction for felony murder with his conviction for premeditated
murder and remand this case for entry of judgments consistent with
this opinion.  In all other respects, the judgments of the trial court
are affirmed.

http://www.tba.org/tba_files/TCCA/rogersc.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