Opinion Flash

May 13, 2004
Volume 10 — Number 093

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
04	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

IN THE MATTER OF: K.G., ET AL.

Court:TCA

Attorneys:                          

Barbara A. Deere, Dyersburg, Tennessee, for the appellant, Joyce
Spain.

Paul G. Summers, Attorney General and Reporter and Douglas Earl
Dimond, Assistant Attorney General, for the appellee, Tennessee
Department of Children's Services.

Judge: FARMER

First Paragraph:

Mother appeals the trial court's order terminating parental rights and
decree of guardianship.  We affirm and vacate, in part.

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

JAMES RAY BARTLETT v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

James Ray Bartlett, Clifton, Tennessee, Pro se.

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

Judge: OGLE

First Paragraph:

The petitioner, James Ray Barlett, filed a petition for writ of habeas
corpus in the Wayne County Circuit Court, alleging that his sentence
was expired.  After examining the record, the trial court dismissed
the petition.  The petitioner appeals.  Upon review of the record and
the parties' briefs, we affirm the judgment of the trial court.

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

BERNARD KANE JOHNSON v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Albert Newman, Knoxville, Tennessee, for the Appellant, Bernard Kane
Johnson.

Paul G. Summers, Attorney General & Reporter; John H. Bledsoe,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Zane Scarlett, Assistant District Attorney General, for
the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

Following an evidentiary hearing on the issue whether Bernard Kane
Johnson, the petitioner, had been denied effective assistance of
counsel, the post-conviction court determined that no constitutional
violation had been shown and that the petitioner's sexual battery,
aggravated kidnapping, and aggravated assault convictions were not
void or voidable.  Finding no error, we affirm the post-conviction
court's dismissal of the petition.

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

STATE OF TENNESSEE v. BRANDON SHAWN JONES

Court:TCCA

Attorneys:                          

Robert W. White, Maryville, Tennessee, for the appellant, Brandon
Shawn Jones.

Paul G. Summers, Attorney General and Reporter; Michelle R. Chapman,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Paula R. Ham, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

The defendant, Brandon Shawn Jones, pled guilty to burglary of a motor
vehicle and possession of burglary tools.  The Knox County Criminal
Court ordered the defendant to serve an effective two- year sentence
with 120 days in confinement followed by probation.  The defendant
appeals the denial of total probation.  We affirm the judgments of the
trial court.

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

STATE OF TENNESSEE v. HAROLD GARLAND MABRY, JR.

Court:TCCA

Attorneys:                          

David Vincent (at trial) and C. Edward Fowlkes (at trial and on
appeal), Nashville, Tennessee, for the appellant, Harold Garland
Mabry, Jr.

Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan,
Senior Counsel; Victor S. Johnson, III, District Attorney General; and
John Zimmerman, Assistant District Attorney General, for the appellee,
State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Harold Garland Mabry, Jr., pled guilty in the Davidson
County Criminal Court to possession of .5 grams or more of cocaine and
possession of a firearm during a felony.  Pursuant to the plea
agreement, the appellant received a total effective sentence of eight
years incarceration in the Tennessee Department of Correction.  As a
condition of his plea, the appellant reserved a certified question of
law concerning the validity of the search warrant underlying the
search of his residence.  Upon our review of the record and the
parties' briefs, we affirm the judgments of the trial court.

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

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