Opinion Flash

May 26, 2004
Volume 10 — Number 102

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
06 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


*CORRECTED LINK*
CHRIS BIRDWELL and wife, VIRGINIA BIRDWELL, v. DAVID PSIMER and PATTY
S. PSIMER

Court:TCA

Attorneys:                          

Raymond C. Conkin, Jr., Kingsport, Tennessee, for Appellants.

Rick J. Bearfield and Jason W. Blackburn, Johnson City, Tennessee, for
Appellee.

Judge: FRANKS

First Paragraph:

Action for Judgment on loan was defended on grounds defendant sold
note to plaintiffs.  The Trial Court held agreements violated statute
of frauds and plaintiff failed to prove loan.  On appeal, we reverse.

*CORRECTED LINK*
http://www.tba.org/tba_files/TCA/birdwellc.wpd

STATE OF TENNESSEE v. JARRET A. GUY
CORRECTED OPINION WITH ORDER

Court:TCCA

Attorneys:                          

John G. Oliva, Nashville, Tennessee, for the appellant, Jarret A. Guy.

Paul G. Summers, Attorney General & Reporter; Helena Walton Yarbrough,
Assistant Attorney General; and Dan Hamm and Katrin Miller, Assistant
District Attorneys General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The defendant, Jarret A. Guy, was convicted of facilitation of first
degree premeditated murder, felony murder, and robbery.  The trial
court merged the facilitation of premeditated first degree murder
conviction into the conviction for felony murder and, after finding
the existence of five aggravating circumstances, the jury imposed a
sentence of life without the possibility of parole.  The trial court
imposed a concurrent sentence of fifteen years for the robbery
conviction.  In this appeal, the defendant asserts that (1) the
evidence is insufficient to support his convictions; (2) the trial
court included erroneous definitions of "knowing" and "intentional" in
its instructions to the jury; (3) the trial court erred by severing
his trial from that of his co-defendant, Jacob Edward Campbell;  (4)
the sentence is excessive; and (5) the cumulative effect of the errors
at trial require reversal.  The judgments of the trial court are
affirmed.

CORRECTED OPINION
http://www.tba.org/tba_files/TCCA/guyjarreta_opn.wpd

ORDER
http://www.tba.org/tba_files/TCCA/guyjarreta_ord.wpd

STATE OF TENNESSEE v. BRIAN KEITH JACKSON

Court:TCCA

Attorneys:                          

Mike A. Little, Chattanooga, Tennessee, for the appellant, Brian Keith
Jackson.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; Bill Cox, District Attorney General; and
Mary Sullivan Moore, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant, Brian Keith Jackson, was found guilty by a jury of
second degree murder.  In this direct appeal, he argues (1) that the
trial court erred by refusing to play a pornographic video tape for
the jury after it was admitted into evidence, and (2) that the
evidence is legally insufficient to sustain his conviction.  Although
the trial court did err by not playing the video in front of the jury,
the error was harmless.  Furthermore, because the evidence is
sufficient to sustain the Defendant's conviction, we affirm the
judgment of the trial court.

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

STATE OF TENNESSEE v. HERBERT RUSSELL JOHNSON, Alias

Court:TCCA

Attorneys:                          

Mark E. Stephens, District Public Defender, and Jamie Niland,
Assistant Public Defender, for the appellant, Herbert Russell Johnson.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Patricia Cristil, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The defendant, Herbert Russell Johnson, appeals the revocation of his
probation, arguing that the trial court erred in failing to consider
further alternatives to incarceration before revoking his probation
and ordering the reinstatement of his original sentence.  Because the
record reveals there was substantial evidence in support of the trial
court's decision, we affirm the judgment of the trial court.

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

MARCUS W. KEENER v. STATE OF TENNESSEE  

Court:TCCA

Attorneys:                          

Gregory D. Smith, Clarksville, Tennessee, for the appellant, Marcus W.
Keener.

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

Judge: WELLES

First Paragraph:

The Defendant, Marcus W. Keener, petitioned for post-conviction relief
from his jury-trial conviction of second degree murder, alleging
ineffective assistance of counsel.  The trial court denied relief
after an evidentiary hearing.  The Defendant now appeals.  We affirm
the judgment of the trial court.

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

STATE OF TENNESSEE v. DANNY AVERY STEWART and DOROTHY ANN STEWART

Court:TCCA

Attorneys:                          

Cynthia M. Fort, Nashville, Tennessee, for the appellant, Danny Avery
Stewart.

Barry R. Tidwell, Nashville, Tennessee, for the appellant, Dorothy Ann
Stewart.

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

Judge: WILLIAMS

First Paragraph:

The defendants, Danny Avery Stewart and Dorothy Ann Stewart, pled
guilty to numerous drug charges and received effective sentences of
thirty-one years and forty-two years, respectively.  Their only
contention on appeal is that their sentences are excessive because the
trial court erred in the application of several enhancement factors.
We conclude that the defendants have failed to show that the trial
court erred in sentencing.  The judgments of the trial court are
affirmed.

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

STATE OF TENNESSEE v. DANIEL WADE WILSON

Court:TCCA

Attorneys:                          

A.D. Jones, Jr., Bristol, Tennessee, for the appellant, Daniel Wade
Wilson.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and Barry P. Staubus, Deputy District Attorney General, and
Joseph Eugene Perrin, Assistant District Attorney General, for the
appellee, State of Tennessee

Judge: TIPTON

First Paragraph:

The defendant, Daniel Wade Wilson, appeals as of right from his
convictions by a jury in the Sullivan County Criminal Court for first
degree felony murder and especially aggravated robbery, a Class A
felony.  The trial court sentenced the defendant to consecutive
sentences of life in prison for the first degree felony murder
conviction and twenty-three years for the especially aggravated
robbery conviction.  He contends that the evidence is insufficient to
convict him of felony murder or especially aggravated robbery and that
the trial court erred by ordering consecutive sentences.  We affirm
the judgments of the trial court.

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

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