Opinion Flash

June 24, 2004
Volume 10 — Number 121

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
05	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

MICHAEL W. CARPENTER v. STATE OF TENNESSEE

Court:TSC

Attorneys:                          

Paul G. Summers, Attorney General and Reporter; Michael E. Moore,
Solicitor General; David H. Findley, Assistant Attorney General;
Victor S. (Torry) Johnson, III, District Attorney General; and Jon P.
Seaborg, Assistant District Attorney General, for the Appellant, State
of Tennessee.

Thomas F. Bloom, Nashville, Tennessee, for the Appellee, Michael W.
Carpenter.

Judge: ANDERSON

First Paragraph:

We granted review to determine whether the revocation of a community
corrections sentence may be challenged in a post-conviction petition
on the ground of ineffective assistance of counsel.  The trial court
found that the petitioner could not collaterally attack the revocation
of his community corrections sentence in a post-conviction proceeding
and dismissed the post-conviction petition.  The Court of Criminal
Appeals reversed the trial court's judgment and remanded for further
proceedings.  After reviewing the record and applicable authority, we
agree with the Court of Criminal Appeals' conclusion that a petitioner
may challenge the revocation of a community corrections sentence in a
post-conviction proceeding and that the trial court erred in
dismissing the petitioner's post- conviction petition.  We therefore
affirm the Court of Criminal Appeals' judgment and remand to the trial
court for further proceedings.

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

SAM WILSON v. JERRY ESCH, ET AL.

Court:TCA

Attorneys:                          

James H. Bradberry, Dresden, Tennessee, for the appellants, Jerry Esch
and Andy Carroll.

Steven L. West, McKenzie, Tennessee, for the appellee, Sam Wilson.

Judge: FARMER

First Paragraph:

The trial court awarded Appellee recision of a contract for purchase
of an automobile.  We affirm.

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

IN RE: GUY JAMES BONDING

Court:TCCA

Attorneys:                          

James Bryan Moseley, Nashville, Tennessee, for the appellant, Guy
James Bonding.

Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan,
Assistant Attorney General; and William C. Whitesell, Jr., District
Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Guy James Bonding, appeals the order of the Rutherford
County Circuit Court denying its petition for reimbursement of a
forfeited bail bond in the case of criminal defendant Valissa
Granderson.  Following a review of the record and the parties' briefs,
we reverse the judgment of the trial court and remand for a hearing at
which the trial court shall determine to what relief, if any, the
appellant is entitled.

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

CHARLES ORLANDO FIELDS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

John W. Palmer and Jason L. Hudson, Dyersburg, Tennessee, for the
appellant, Charles Orlando Fields.

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

Judge: OGLE

First Paragraph:

The petitioner, Charles Orlando Fields, was found guilty by a jury in
the Obion County Circuit Court of one count of selling .5 grams or
more of a substance containing cocaine within one thousand feet of a
school zone.  The petitioner was sentenced to thirty-three years
incarceration in the Tennessee Department of Correction. 
Subsequently, the petitioner filed a petition for post-conviction
relief, alleging that he received the ineffective assistance of trial
counsel.  After an evidentiary hearing, the post-conviction court
found that the petitioner's claims were waived and that regardless of
waiver, the petitioner failed to prove prejudice.  The petitioner
appeals.  Upon our review of the record and the parties' briefs, we
affirm the judgment of the post-conviction court.

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

BILLY DAVID GRUBB v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Albert J. Newman, Jr., Knoxville, Tennessee, for the appellant, Billy
David Grubb.

Paul G. Summers, Attorney General and 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: GLENN

First Paragraph:

The petitioner, Billy David Grubb, pled guilty in 2001 to first degree
premeditated murder and especially aggravated burglary for which he
was sentenced, respectively, to consecutive sentences of life without
parole and twelve years.  Subsequently, he filed a timely petition for
post-conviction relief, which was amended by counsel, claiming, inter
alia, that trial counsel had been ineffective by not seeking a
pretrial mental evaluation.  Following an evidentiary hearing, the
post-conviction court dismissed the petition.  After review, we affirm
the dismissal.

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

ORLANDO MALONE v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Rodney Craig Miller, Cleveland, Tennessee, for the appellant, Orlando
Malone.

Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; and Stephen Crump, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The petitioner, Orlando Malone, appeals the denial of post-conviction
relief.  The single issue presented for review is whether the
petitioner was denied the effective assistance of counsel.  The
judgment is affirmed.

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

JIMMY LESLIE SLUDER v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Albert J. Newman, Jr., Knoxville, Tennessee, for the appellant, Jimmy
Leslie Sluder.

Paul G. Summers, Attorney General & Reporter; Renee W. Turner,
Assistant Attorney General; and Zane Scarlett, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The petitioner, Jimmy Leslie Sluder, appeals the trial court's
dismissal of his petition for habeas corpus relief.  The single issue
presented for review is whether the trial court erred by dismissing
the petition for writ of habeas corpus without an evidentiary hearing.
 The judgment is affirmed.

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

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