Opinion FlashJuly 16, 2004Volume 10 — Number xxx 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):
TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Howard H. Vogel STATE OF TENNESSEE v. GREGORY PIERCE Court:TSC Attorneys: Steve McEwen, Mountain City, Tennessee, and Terry L. Jordan, Blountville, Tennessee, for the appellant, Gregory Pierce. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Kathy D. Aslinger, Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney General, and James Goodwin, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: DROWOTA First Paragraph: We granted permission to appeal in this case to determine whether the trial court erred in considering the results of the defendant sex offender's polygraph examination when denying the defendant's request for probation. The polygraph examination was administered as part of the risk assessment report that is mandated by statute for all sex offenders seeking probation. Because polygraph examinations are inherently unreliable, we hold that trial courts may not consider polygraph examination results or any portion of a risk assessment report that relies upon polygraph examination results when imposing sentences. However, even excluding the polygraph examination results, the record in this case supports the denial of probation. Accordingly, the judgment of the Court of Criminal Appeals is affirmed in part and modified in part. http://www.tba.org/tba_files/TSC/piercegreg.wpd T. GREEN, ET AL. v. CITY OF MEMPHIS, ET AL. Court:TCA Attorneys: Thomas E. Hansom of Memphis for Appellants, J. Mack, R. Burton, D. Parker, and V. NcNeil Kathleen L. Caldwell of Memphis for Appellants, G. Bennett, L. Bennett and W. Taylor Louis P. Britt, Thomas J. Walsh, Jr. and Mary H. Beard of Memphis for Appellees, City of Memphis and Memphis Police Services Division Judge: CRAWFORD First Paragraph: Plaintiffs, police officers along with a number of others, were promoted to sergeant after passing a promotional test. Subsequently, the test was declared invalid by the federal court and the city announced its intention to restore the affected officers to their previous rank pending the administration of a new promotional test. Plaintiffs, along with others, filed suit in chancery court to enjoin this action on the part of the city. The chancery court issued a temporary injunction, enjoining the city from removing plaintiffs from their rank of sergeant or from reducing their pay pending final judgment. The chancellor clarified the injunction by order which provided that the injunction would be in effect only "until such time as promotions are made from the 2001 sergeant promotional process." Of the fifty-four plaintiffs in the chancery court taking the new promotional test, the seven plaintiffs-appellants did not rank high enough for promotion. On motion of the city, the chancery court dissolved the preliminary injunction previously issued and, by consent order, allowed the plaintiffs full credit of time served as sergeant as a result of the first promotional process. Plaintiffs have appealed. We affirm. http://www.tba.org/tba_files/TCA/greent.wpd DELORES M. KING v. TENNESSEE FARMERS INSURANCE COMPANY, ET AL. Court:TCA Attorneys: Carthel L. Smith, Jr., Lexington, TN for Appellants James R. Krenis, Jackson, TN, for Appellee Judge: HIGHERS First Paragraph: This case involves payment of an insurance claim demanded by Appellee from Appellant after Appellee's belongings were destroyed in a fire. Appellant refused payment on the basis that Appellee failed to notify Appellant of an address change. After a hearing, the trial court awarded Appellee $32,000, representing her claim under the insurance policy, and $8,000 as a 25% bad faith penalty. For the following reasons, we affirm in part and vacate the award representing a bad faith penalty. http://www.tba.org/tba_files/TCA/kingdelm.wpd STATE OF TENNESSEE v. MARTY WILLIAM THOMAS Court:TCCA Attorneys: Mike A. Little, Chattanooga, Tennessee, for the appellant, Marty William Thomas. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; William H. Cox, District Attorney General; and Barry A. Steelman, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant, Marty William Thomas, was convicted by a jury in the Hamilton County Criminal Court of four counts of aggravated rape and one count of aggravated burglary. Following a hearing, the trial court sentenced the appellant to an effective sentence of fifty-four years incarceration in the Tennessee Department of Correction. On appeal, the appellant claims that the trial court erred by (1) admitting into evidence three photographs of the appellant taken on different dates; (2) replaying only the direct testimony of the victim for the jury during deliberation; and (3) denying the appellant's motion for a mistrial on the ground that the jury was prejudiced by media reports. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/thomasmw.wpd STATE OF TENNESSEE v. JOEY DEWAYNE THOMPSON Court:TCCA Attorneys: Bruce E. Poston, Knoxville, Tennessee, for the appellant, Joey Dewayne Thompson. Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Phillip H. Morton, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Joey Dewayne Thompson, appeals as of right from his convictions by a jury in the Knox County Criminal Court for second degree murder, a Class A felony, and attempted second degree murder, a Class B felony. The trial court sentenced him to twenty-five years for the second degree murder and twelve years for the attempted second degree murder, to be served consecutively in the Department of Correction. The defendant contends that: (1) the evidence is insufficient to support the convictions; (2) the trial court erred by allowing the state to amend the indictment to include a count for first degree felony murder; (3) the trial court erred by admitting a 9-1-1 tape; (4) the trial court erred by allowing reference to the defendant's nickname, "Joe Thug"; (5) the trial court erred by allowing the state to cross-examine the defendant on a robbery charge that had been dismissed; (6) prosecutorial misconduct requires a new trial; (7) the trial court erred in its instructions to the jury regarding "knowing"; and (8) the trial court erred in giving him excessive and consecutive sentences. We conclude that the trial court committed reversible error in its instructions to the jury regarding "knowing." Accordingly, we reverse the judgments of the trial court and remand the case for a new trial. http://www.tba.org/tba_files/TCCA/thompsonjoeydewayne.wpd Nepotism Act as Applied to State Park Employees Date: July 12, 2004 Opinion Number: 04-113 http://www.tba.org/tba_files/AG/2004/op113.pdf PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi Home • Contact Us • PageFinder • What's New • Help |
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