Opinion Flash

May 11, 2004
Volume 10 — Number 091

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
08 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

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


STANLEY DESGRANGES DBA STANLEY'S EXCAVATING v. GORDON L. MEYER, ET AL.

Court:TCA

Attorneys:                          

W. Turner Boone, Knoxville, Tennessee, for the appellant, Stanley
Desgranges dba Stanley's Excavating.

J. Ford Little and Stephanie K. Hunt, Knoxville, Tennessee, for the
appellees, Gordon L. Meyer and Karen Renee Meyer.

Judge: SUSANO
 
First Paragraph:

The primary and dispositive issue before us is one of first impression
in Tennessee.  We are asked to decide whether false statements made in
a notice of lien duly served on the property owners, properly filed
for recordation, and thereafter followed by the timely filing of a
suit to enforce the lien, all pursuant to the provisions of Tenn. Code
Ann. S 66-11-101, et seq., are absolutely privileged.  We hold that,
in such a case, the statements in the lien are made in the course of a
judicial proceeding, are absolutely privileged, and, hence, cannot
form the basis for a suit for damages on a libel of title theory.  We
reverse the judgment of the trial court holding to the contrary and
dismiss the original defendants' counterclaim seeking damages for
libel of title.

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

SAMUEL CURRY, PRO SE v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Samuel Curry, pro se.

Paul G. Summers, Attorney General & Reporter; Kathy Denise Aslinger,
Assistant Attorney General, for the appellee, State of  Tennessee.

Judge: RILEY

First Paragraph:

This matter is before the Court upon the State's motion to affirm the
judgment of the trial court pursuant to Rule 20, Rules of the Court of
Criminal Appeals. The Petitioner, Samuel Curry, appeals the trial
court's denial of his application for writ of error coram nobis,
application for the writ of habeas corpus, and motion to reopen his
post-conviction petition.  Finding that the instant petition is not
proper as either a motion for writ of error coram nobis,  application
for writ of habeas corpus relief, or petition to reopen a
post-conviction petition, we affirm the dismissal of the trial court.

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

STATE OF TENNESSEE v. STANLEY RAY DAVIS IN RE: RAY D. DRIVER d/b/a
DRIVER BAIL BONDS

Court:TCCA

Attorneys:                          

Joel H. Moseley, Sr., Nashville, Tennessee, for the appellant, Ray D.
Driver d/b/a Driver Bail Bonds.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; William Paul Phillips, District Attorney
General; and Michael O. Ripley, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

Ray D. Driver appeals the Campbell County Criminal Court's judgment
requiring his bail bonding company, Driver Bail Bonds, to pay $570.50
as a bond forfeiture because Stanley Ray Davis failed to appear at a
general sessions court probation hearing.  The appellant contends that
T.C.A. S 40-11- 138(b) relieved his company from liability under the
bond because the defendant already had pled guilty and been sentenced.
 He also claims that his company is not liable for the defendant's
fine and costs because his company did not assume such obligations in
the defendant's bond.  We hold that appellant remained obligated under
the bond and that the trial court did not require him to pay the
defendant's fine and costs.  The trial court is affirmed.

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

EDDIE WAYNE GORDON v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Eddie Wayne Gordon, pro se, Henning, Tennessee.

Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III,
Assistant Attorney General, for the Appellee, State of  Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Eddie Wayne Gordon, appeals the Gibson County Circuit
Court's denial of his petition for post-conviction relief.  In 1983,
Gordon pled guilty to first degree murder and was sentenced to life
imprisonment.  In 1984, Gordon, proceeding pro se, filed the instant
petition for post-conviction relief.  For twenty years, Gordon has
unsuccessfully sought an evidentiary hearing on his petition.
Fundamental fairness dictates that Gordon receive the process that is
due him.  Accordingly, the judgment of the trial court is reversed,
and this matter is again remanded to the Gibson County Circuit Court
for an evidentiary hearing upon Gordon's petition for post-conviction
relief.

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

QUINCY L. LOVE v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Robert B. Gaia, Memphis, Tennessee, for the Appellant, Quincy L. Love.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Michael Markham, Assistant Attorney General;
William L. Gibbons, District Attorney General; and Thomas P. Hoover,
Assistant District Attorney General, for the Appellee, State of
Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Quincy L. Love, appeals the Shelby County Criminal
Court's denial of his petition for post-conviction relief.  On appeal,
Love raises the single issue of whether he was denied the effective
assistance of counsel by trial counsel's failure to properly advise
him of his right not to testify or to properly prepare him to give
testimony.  After review of the record, we find no error and affirm
the denial of the petition.

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

PATRICK D. PARIS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Wadrick A. Hinton, Chattanooga, Tennessee, for the appellant, Patrick
D. Paris.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; William H. Cox, III, District Attorney
General; and Benjamin T. Boyer, Sr., Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

The petitioner, Patrick D. Paris, appeals the denial of his
post-conviction relief petition relating to his convictions for
attempted first degree murder and especially aggravated robbery.  On
appeal, the petitioner contends: (1) he received ineffective
assistance of counsel at trial; and (2) the trial court erred in
failing to charge attempted voluntary manslaughter as a
lesser-included offense of attempted first degree murder.  We affirm
the judgment of the post-conviction court.

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

STATE OF TENNESSEE v. JAMA ELAINE PENLEY

Court:TCCA

Attorneys:                          

Francis X. Santore, Sr., and Francis X. Santore, Jr., Greeneville,
Tennessee, for the appellant, Jama Elaine Penley.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; C. Berkeley Bell, District Attorney
General; and Eric Christiansen and Cecil Mills, Assistant District
Attorneys General, for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Jama Elaine Penley, was convicted by a Greene County
jury of facilitation of first degree premeditated murder, a Class A
felony.  Following a sentencing hearing, the trial court sentenced the
appellant as a Range I standard offender to twenty-five years in the
Tennessee Department of Correction.  On appeal, the appellant
challenges the denial of her motion for judgment of acquittal and the
sentence imposed by the trial court.  Upon review of the record and
the parties' briefs, we remand to correct a clerical error in the
judgment but otherwise affirm the judgment of the trial court.

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

HENRY RANKINS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Henry Rankins, pro se.

Paul G. Summers, Attorney General & Reporter; J. Ross Dyer, Assistant
Attorney General, for the appellee, State of  Tennessee.

Judge: RILEY
 
First Paragraph:

The Petitioner, Henry Rankins, filed a petition for post-conviction
relief based on the Post- Conviction DNA Analysis Act.  The trial
court denied relief and Petitioner now seeks review of the lower
court's decision.   The State has filed a motion requesting that this
Court affirm the trial court's denial of relief pursuant to Rule 20,
Rules of the Court of Criminal Appeals.  After review, we conclude
that the petition fails to satisfy the criteria of the Post-Conviction
DNA Analysis Act.  Accordingly, the State's motion is granted and the
judgment of the trial court is affirmed.

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

TIMOTHY EARL WATERS, PRO SE v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Timothy Earl Waters, pro se.

Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III,
Assistant Attorney General, for the appellee, State of  Tennessee.

Judge: GLENN

First Paragraph:

The Petitioner, Timothy Earl Waters, appeals the trial court's summary
dismissal of his petition for common law writ of certiorari seeking
relief from a post-conviction judgment.  The State has filed a motion
requesting that this Court affirm the trial court's denial of relief
pursuant to Rule 20, Rules of the Court of Criminal Appeals.   Finding
that the lower court properly dismissed the petition, the State's
motion is granted and the judgment of the trial court is affirmed.

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

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