Opinion Flash

May 28, 2004
Volume 10 — Number 104

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
02 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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Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.

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


CARLA LYNN DOWNING v. JOSEPH WADE DOWNING

Court:TCA

Attorneys:                          

David W. Camp of Jackson for Appellant, Joseph Wade Downing

Clayton F. Mayo of Jackson for Appellee, Carla Lynn Downing

Judge: CRAWFORD

First Paragraph:

This is an appeal from the trial court's order, which increases
Appellant/Father's child support obligation to an amount consistent
with the Tennessee Child Support Guidelines.  Appellant contends that
the trial court erred in failing to consider his extensive visitation
with the child in declining to deviate downward from the guidelines. 
We affirm.

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

AUTHOR R. TURNER v. STATE OF TENNESSEE

Court:TCA

Attorneys:                          

Author R. Turner, Henning, TN, pro se

Paul G. Summers, Attorney General & Reporter, Michael E. Moore,
Solicitor General, Michael B. Schwegler, Nashville, TN, for Appellee

Judge: HIGHERS

First Paragraph:

This case involves a claim for negligence brought by Appellant, an
inmate in the custody of the Tennessee Department of Correction. 
Appellant filed a claim with the Tennessee Division of Claims
Administration, which was subsequently transferred to the Tennessee
Claims Commission.  The Commission determined the claim was time
barred, and Appellant appealed this decision to this Court.  We
reverse and remand for further proceedings.

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

SEDLEY ALLEY v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Donald E. Dawson, Nashville, Tennessee for the appellant, Sedley
Alley.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Smith,
Assistant Attorney General, for the appellee, State of Tennessee.

Judge: HAYES

First Paragraph:

In 1985, Petitioner, Sedley Alley, was convicted of the crimes of
aggravated rape, kidnapping,  and first degree murder.  The jury fixed
his punishment at death for first degree murder and the trial court
imposed consecutive forty-year sentences for kidnapping and aggravated
rape.  Petitioner Alley filed a petition to compel testing of evidence
under the Post-Conviction DNA Analysis Act of 2001.  The
post-conviction court denied the petition, and Petitioner Alley timely
appealed.  This Court expedited review of this matter.  Upon review of
the record and the responses by both parties, we affirm the judgment
of the post-conviction court.

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

STATE OF TENNESSEE v. RONALD KILLEBREW

Court:TCCA

Attorneys:                          

Robert Wilson Jones, Public Defender; Tony N. Brayton, Assistant
Public Defender (on appeal); Mary K. Kent, Assistant Public Defender
(at trial), Memphis, Tennessee, for the Appellant, Ronald Killebrew.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Elizabeth T. Ryan, Senior Counsel, William L.
Gibbons, District Attorney General; and Stephen Jones, Assistant
District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Ronald Killebrew, was convicted of being a felon in
possession of a handgun,  a class E felony, following a jury trial. 
The trial court sentenced Killebrew, as a Range II multiple offender,
to three years and six months in the Shelby County Workhouse.  On
appeal, Killebrew raises the single issue of whether the evidence was
sufficient to support the verdict.  After review of the record, we
affirm the conviction.

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

STATE OF TENNESSEE v. TIMERELL NELSON

Court:TCCA

Attorneys:                          

Robert Wilson Jones, Public Defender; Garland Ergueden, Assistant
Public Defender (on appeal); Greg Carman and Cliff Abeles, Assistant
Public Defenders (at trial), Memphis, Tennessee, for the Appellant,
Timerell Nelson.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Elizabeth B. Marney, Assistant Attorney General;
William L. Gibbons, District Attorney General; and Tom Hoover and
Andre Thomas, Assistant District Attorneys General, for the Appellee,
State of Tennessee

Judge: HAYES

First Paragraph:

The Appellant, Timerell Nelson, appeals the verdict of a Shelby County
jury finding him guilty of first degree felony murder.  On appeal,
Nelson raises the single issue of whether the evidence is sufficient
to support his conviction.  After review, we find the evidence to be
more than sufficient.  Accordingly, the judgment of conviction is
affirmed.

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

STATE OF TENNESSEE v. DARRELL SANDERLIN

Court:TCCA

Attorneys:                          

David M. Livingston, Brownsville, Tennessee, (on appeal); and David
Camp, Jackson, Tennessee, (at trial), for the Appellant, Darrell
Sanderlin.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; J. Ross Dyer, Assistant Attorney General; Garry
Brown, District Attorney General; and Larry Hardister and Elaine Todd,
Assistant District Attorneys General, for the Appellee, State of
Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Darrell Sanderlin, appeals from the sentencing decision
of the Haywood  County Circuit Court.  Sanderlin pled guilty to one
count of child abuse of his six-year-old son, a class D felony. 
Pursuant to a negotiated plea agreement, he was sentenced as a Range
I, standard offender, with the length and manner of service to be
determined by the trial court.  Following a sentencing hearing, the
trial court imposed a sentence of four years incarceration.  On
appeal, Sanderlin argues that the trial court erred by ordering a
sentence of total confinement rather than a less restrictive
alternative.  After review, the sentencing decision is affirmed.

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

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