Opinion FlashApril 20, 2004Volume 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):
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 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 PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! 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