Opinion Flash

April 20, 2004
Volume 10 — Number 076

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
01 New Opinion(s) from the Tennessee Court of Appeals
05 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


ALBERT THOMPSON v. PATRICIA CHAFETZ

Court:TCA

Attorneys:                          

Warner Hodges, III of Germantown For Appellant, Albert Thompson

Eugene J. Podesta, Jr. of Memphis For Appellee, Patricia Chavetz

Judge: CRAWFORD

First Paragraph:

This is an appeal from an Order denying Appellant's Tenn. R. Civ. P.
60 Motion, which sought relief from the grant of Appellee's Motion for
Summary Judgment.  Appellant's attorney failed to set the Motion for
hearing until some nineteen (19) months after the entry of the Order
granting summary judgment.  The trial court found that the attorney's
failure to prosecute resulted in prejudice to Appellee and denied the
Rule 60 Motion.  We affirm

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

STATE OF TENNESSEE v. FARIS ABD AL-ALI

Court:TCCA

Attorneys:                          

Russell N. Perkins, Murfreesboro, Tennessee, for the appellant, Faris
Abd Al-Ali.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; and William C. Whitesell, Jr., District
Attorney General, for the appellee, State of Tennessee.

Judge: WOODALL

First Paragraph:

A jury convicted the Defendant, Faris Abd Al-Ali, of rape of a child. 
The Defendant was subsequently sentenced to twenty-two years of
incarceration for this offense.  In this direct appeal, the Defendant
contends that the trial court erred when it refused to suppress his
statement, and also contends that he is entitled to a new trial
because the State failed to elect upon which offense it was seeking a
conviction.  Finding no merit in the Defendant's contentions, we
affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. RICHARD DANIEL FILAURO

Court:TCCA

Attorneys:                          

David L. Raybin, Nashville, Tennessee, for the appellant, Richard
Daniel Filauro.

Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Brian K. Holmgren, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The defendant, Richard Daniel Filauro, appeals as of right the
Davidson County Criminal Court's denial of his motion to withdraw his
guilty pleas to two counts of rape of a child, Class A felonies. At
the guilty plea hearing, the trial court imposed two concurrent
twenty-five-year sentences, as provided in the plea agreement.  In
addition, the agreement stipulated that the defendant would not
receive pretrial jail credit for the eighteen months he spent in jail
before agreeing to plead guilty.  The defendant contends that he
should be allowed to withdraw his guilty pleas (1) because the trial
court did not have jurisdiction to accept his pleas and (2) because
his guilty pleas are manifestly unjust.  We conclude that the
defendant's sentence is illegal, that his guilty pleas are manifestly
unjust, and that he should be allowed to withdraw his pleas.

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

CHARLIE M. GARDNER v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Dwight Scott, Nashville, Tennessee, for the appellant, Charlie M.
Gardner.

Paul G. Summers, Attorney General and Reporter; Richard H. Dunavant,
Assistant Attorney General; Victor S. Johnson, District Attorney
General; and Roger Moore, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant, Charlie M. Gardner, was convicted by a jury of first
degree murder and two counts of aggravated assault.  In this
post-conviction proceeding, the Defendant alleges that he received the
ineffective assistance of counsel during his trial; that he was denied
due process by being denied the right to testify; and that the trial
court erred in one of its jury instructions.  After an evidentiary
hearing, the trial court denied relief and this appeal followed.  We
affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. CHRISTOPHER DEMOTTO LINSEY

Court:TCCA

Attorneys:                          

Roger E. Nell, Clarksville, Tennessee, for the appellant, Christopher
Demotto Linsey.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; John Carney, District Attorney General;
and Arthur F. Bieber, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: WOODALL

First Paragraph:

The Defendant, Christopher Demotto Linsey, pled guilty to simple
possession of cocaine, a Class A misdemeanor.  As part of his plea
agreement, he expressly reserved with the consent of the trial court
and the State the right to appeal a certified question of law pursuant
to Tennessee Rule of Criminal Procedure 37(b)(2)(i).  The certified
question of law stems from the trial court's denial of the Defendant's
motion to suppress the evidence seized as a result of a police officer
stopping the Defendant's automobile.  We affirm the judgment of the
trial court.

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

STATE OF TENNESSEE v. MUHAMMED NURIDDEN

Court:TCCA

Attorneys:                          

Lloyd A. Levitt, Chattanooga, Tennessee, for the appellant, Muhammed
Nuridden.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assistant Attorney General; William H. Cox, District Attorney General;
and Barry A. Steelman, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Muhammed Nuridden, was found guilty by a jury in the
Hamilton County Criminal Court of possession of more than .5 grams of
cocaine with the intent to sell or deliver.  Additionally, the
appellant pled guilty to driving on a revoked license and possession
of marijuana.  The appellant received a total effective sentence of
nine years in the Tennessee Department of Correction.  On appeal, the
appellant raises numerous issues for our review, including evidentiary
issues and the sufficiency of the evidence.  Upon our review of the
record and the parties' briefs, we reverse the appellant's conviction
for possession of more than .5 grams of cocaine with the intent to
sell or deliver and remand for new trial.

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

Proposed Amendment to Liquor Laws under Article II, Section 17

Date: April 14, 2004

Opinion Number: 04-063                         

http://www.tba.org/tba_files/AG/2004/op63.pdf

America's News Day as a "Newspaper" and/or "Newspaper of General
Circulation"

Date: April 15, 2004

Opinion Number: 04-064                       

http://www.tba.org/tba_files/AG/2004/op64.pdf

Joint Agreement for Emergency Communication Services

Date: April 15, 2004

Opinion Number: 04-065                         

http://www.tba.org/tba_files/AG/2004/op65.pdf

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