Opinion Flash

May 21, 2004
Volume 10 — Number 099

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):
01 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


STATE OF TENNESSEE v. RICHARD ODOM, a/k/a OTIS SMITH
WITH DISSENTING OPINION & APPENDIX
Court:TSC

Attorneys:                          

Robert C. Brooks, Memphis, Tennessee, for the Appellant, Richard Odom.

Michael E. Moore, Solicitor General; Mark E. Davidson, Assistant
Attorney General; William L. Gibbons, District Attorney General; and
Phillip Gerald Harris and Amy Weirich, Assistant District Attorneys
General, for the Appellee, State of Tennessee.

Judge: ANDERSON

First Paragraph:

The defendant, Richard Odom, was convicted of felony murder and
sentenced to death in 1992.  This Court affirmed the conviction on
direct appeal but remanded the case for a new sentencing proceeding. 
State v. Odom, 928 S.W.2d 18, 21, 33 (Tenn. 1996).  After the new
sentencing proceeding, a jury again imposed the death sentence after
finding that the evidence of one aggravating circumstance, i.e., the
defendant was previously convicted of one or more felonies, the
statutory elements of which involved the use of violence to the
person, outweighed evidence of mitigating circumstances beyond a
reasonable doubt.  See Tenn. Code Ann. S 39-13-204(i)(2) (1991).  The
Court of Criminal Appeals affirmed the sentence

http://www.tba.org/tba_files/TSC/odomrichard_opn.wpd

DISSENTING OPINION
http://www.tba.org/tba_files/TSC/odomrichard_dis.wpd

APPENDIX
http://www.tba.org/tba_files/TSC/odomrichard_apx.wpd

THE STATE OF TENNESSEE IN ITS OWN BEHALF, AND FOR THE USE AND BENEFIT
OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY,
TENNESSEE v. DELINQUENT TAXPAYERS AS SHOWN ON THE 1998 REAL PROPERTY
TAX RECORDS OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON
COUNTY, TENNESSEE, ... MARK R. FEGER

Court:TCA

Attorneys:                          

James E. Brown, Pro Se, Appellant

Christi E. Scott, Nashville, Tennessee, for the Appellees

Judge: MADDUX

First Paragraph:

This appeal involves a dispute over a statutory right of redemption by
a creditor from a real property delinquent tax sale. The plaintiff,
James E. Brown appealed the chancery court decision overruling the
plaintiff's Motions to Intervene and Dismiss and granting of the
statutory right of redemption. His argument is that: (1) the chancery
court is an improper jurisdiction for failure of proper due process,
(2) the defendant's attempt to exercise the power of eminent domain
and the use of Tennessee Code Annotated SS 67-5-2701, et seq violate
the federal and state constitutions, and (3) the defendants engineered
a fraudulent sale of the plaintiff's rightful property. The chancery
court overruled the plaintiff's motion to dismiss, holding the
plaintiff did not provide adequate proof of improper jurisdiction, or
due process, or unconstitutionality of controlling statute, or fraud.
We affirm the chancery court's decision.

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

STATE OF TENNESSEE v. MARIO HERNANDEZ CASTILLO

Court:TCCA

Attorneys:                          

Edward C. Miller, District Public Defender, for the appellant, Mario
Hernandez Castillo.

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

Judge: RILEY

First Paragraph:

A Grainger County jury convicted the defendant of premeditated first
degree murder, felony murder, especially aggravated robbery, and theft
under $500.  The trial court merged the felony murder conviction into
the premeditated first degree murder conviction and ordered the
defendant to serve an effective life sentence.  The defendant raises
the following issues on appeal: (1) whether the trial court erred in
failing to suppress his statement to law enforcement officials; (2)
whether the trial court erred in failing to allow the defense to
introduce proof that the victim regularly dealt in illegal drugs and
firearms; and (3) whether the evidence was sufficient to sustain his
murder convictions.  We remand for entry of an order merging the theft
conviction into the especially aggravated robbery conviction but
otherwise affirm the judgments of the trial court.

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

ADRIAN S. LENOX v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Dwight Scott, Nashville, Tennessee, for the appellant, Adrian S.
Lenox.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General;  Victor S. (Torry) Johnson, III, District
Attorney General; and Stephen Douglas Thurman, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The petitioner appeals the post-conviction court's denial of his
petition for post-conviction relief, in which he alleged ineffective
assistance of counsel. We conclude that the petitioner has failed to
establish that he received ineffective assistance of counsel.  We
affirm the denial of post-conviction relief

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

DONALD TERRY MOORE v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

C. LeAnn Smith (on appeal) and Jefre Goldtrap (at trial), Nashville,
Tennessee, for the appellant, Donald Terry Moore.

Paul G. Summers, Attorney General & Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; and Roger Moore, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The petitioner, Donald Terry Moore, appeals the denial of his petition
for post-conviction relief.  In this appeal, he asserts that (1) he
did not receive the effective assistance of counsel and (2) the post-
conviction court erred by denying his motion to re-open the petition
after the close of proof.  The judgment of the post-conviction court
is affirmed.

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

STATE OF TENNESSEE v. ERIC C. PENDLETON

Court:TCCA

Attorneys:                          

Eric C. Pendleton, Nashville, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Michael Markham,
Assistant Attorney General;  Victor S. (Torry) Johnson, III, District
Attorney General; and Kathy Morante, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The petitioner was convicted of first degree murder and aggravated
assault on July 29, 1987. On January 22, 2003, the petitioner filed a
pro se petition for writ of error coram nobis.   On May 14, 2003, the
State filed a motion to dismiss the petition without a hearing, and
this motion was granted on May 15, 2003.  We conclude that the trial
court did not err in finding that the petition is time barred, and the
petitioner has not advanced any grounds for which the statute of
limitations should be tolled.

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

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