Opinion Flash

April 21, 2004
Volume 10 — Number 077

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
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

STATE OF TENNESSEE v. JONATHAN ABERNATHY, JR.

Court:TCCA

Attorneys:                          

Stanley K. Pierchoski, Lawrenceburg, Tennessee, for the appellant,
Jonathan Abernathy, Jr.

Paul G. Summers, Attorney General and Reporter; Richard Dunavant,
Assistant Attorney General; and Mike Bottoms, District Attorney
General, for the appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant, Jonathan Abernathy, Jr., was convicted by a jury of
tampering with evidence.   In this appeal, the Defendant argues that
the trial court erred by not suppressing testimony of police officers
regarding the actions they witnessed the Defendant take during their
search of his residence.  He contends that the search was illegal
because the search warrant that the officers executed at his residence
was invalid; therefore, the officers should have been precluded from
testifying as to what they witnessed while they were at the
Defendant's residence.  We affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. CARLA JUANITA PRINCE

Court:TCCA

Attorneys:                          

Philip A. Condra, District Public Defender, and David O. McGovern,
Assistant Public Defender, for the appellant, Carla Juanita Prince.

Paul G. Summers, Attorney General and Reporter; Michael Markham,
Assistant Attorney General; James Michael Taylor, District Attorney
General; and Steven M. Blount, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

Following a jury trial, the defendant, Carla Juanita Prince, was
convicted of DUI, first offense, a Class A misdemeanor, and reckless
driving, a Class B misdemeanor.  She was sentenced, respectively, to
eleven months, twenty-nine days, suspended except for forty-eight
hours, and six months, suspended except for forty-eight hours.  The
two forty-eight-hour jail terms were ordered to be served
consecutively, and the probationary terms were ordered to be served
concurrently.  Additionally, her driver's license was revoked for one
year and she was fined a total of $360.  On appeal, the defendant
argues that the evidence was insufficient to support her conviction
for DUI.  Following our review, we affirm the judgments of the trial
court.

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

Home • Contact Us • PageFinder • What's New • Help