Opinion Flash

July 22, 2004
Volume 10 — Number 140

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


IN RE:  UPPER CUMBERLAND DEVELOPMENT DISTRICT, OFFICE OF THE PUBLIC
GUARDIAN, CONSERVATOR FOR ALVIE PUCKETT, GLORIA JEAN EVINS v. HELEN
PUCKETT, ET AL.

Court:TCA

Attorneys:                          

Gloria Jean Evins of Lebanon for Appellant, Gloria Jean Evins,
Administrator Ad Litem

J. Hilton Conger of Smithville for Appellee, Helen Puckett

Judge: CRAWFORD

First Paragraph:

Administrator Ad Litem for estate of deceased-grantor appeals trial
court's finding that deceased-grantor was competent at the time he
executed a deed of real property to his daughter, and that he was not
acting under undue influence at the time of execution.  We affirm.

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

RICKY D. WATKINS, SR. v. STATE OF TENNESSEE, DEPARTMENT OF HUMAN
SERVICES, ex rel, DOROTHY M. PRATHER, ET AL.

Court:TCA

Attorneys:                          

Paul G. Summers, Attorney General & Reporter, Warren A. Jasper,
Assistant Attorney General, Nashville, TN, for Appellant

Nathan B. Pride, Jackson, TN, for Appellee

Judge: HIGHERS

First Paragraph:

This case involves an order for child support for three children of
three different mothers.  The Juvenile Court of Hardeman County
consolidated the three matters into one cause.  The trial court
ordered Father to pay the child support amount for three children
under the Child Support Guidelines and divided the amount equally into
thirds.  The State of Tennessee Department of Human Services filed
this appeal.  We reverse and remand for further proceedings consistent
with this opinion.

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

STATE OF TENNESSEE v. ANDRE BALDWIN

Court:TCCA

Attorneys:                          

Robert Felker and William Moore, Assistant Public Defenders, Memphis,
Tennessee (at trial), and Garland Ergoden, Assistant Public Defender,
Memphis, Tennessee (on appeal), for the appellant, Andre Baldwin.

Paul Summers, Attorney General and Reporter; Michael Markham,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Tom Hoover and David Zak, Assistant District Attorneys
General, for the appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant, Andre Baldwin, was convicted by a jury of first degree
premeditated murder.  The Defendant was subsequently sentenced to
serve a life sentence of imprisonment.  In this direct appeal, the
Defendant challenges the sufficiency of the evidence.  Finding the
evidence legally sufficient to support the Defendant's conviction, we
affirm the judgment of the trial court.

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

RICKEY HOGAN v. DAVID G. MILLS, WARDEN

Court:TCCA

Attorneys:                          

Rickey Hogan, Henning, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter, and Kathy D. Aslinger,
Assistant Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The petitioner filed a petition for habeas corpus relief claiming that
the judgments entered are void.  He contends that he was on parole
when the current offenses were committed; therefore, the concurrent
sentences that he received are illegal. We conclude that in order to
receive relief, the fact that the petitioner was on parole when he
pled guilty must be proved by satisfactory proof contained in the
record or proceedings underlying the convictions sought to be set
aside.  We reverse the trial court's summary dismissal and remand for
appointment of counsel and a hearing to determine whether the record
of the underlying convictions or proceedings contained satisfactory
proof that the petitioner was on parole at the time he committed
second degree murder and robbery with a deadly weapon.

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

DAN BILL JOHNSON v. HOWARD CARLTON, Warden

Court:TCCA

Attorneys:                          

Paul G. Summers, Attorney General and Reporter, and David H. Findley,
Assistant Attorney General, for the appellant, State of Tennessee.

Dan Bill Johnson, Lucedale, Mississippi, Pro Se.

Judge: GLENN

First Paragraph:

The petitioner, Dan Bill Johnson, sought habeas corpus relief,
asserting that his five-year robbery sentence  had expired.  Although
not granting the relief sought by the petitioner, the trial court
determined that his life sentence had expired and identified the date
at which he began serving his robbery sentence, with the Department of
Correction then to determine his release date.  Both the petitioner
and the State appealed.  Following our review, we reverse the order of
the trial court and dismiss the petition for writ of habeas corpus. 
The petitioner is to be returned to custody.

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

TERRANCE LOWDERMILK v. STATE OF TENNESSEE 

Court:TCCA

Attorneys:                          

Terrance Lowdermilk, Edgefield, South Carolina, Pro Se. 

Paul G. Summers, Attorney General and Reporter; Michelle Chapman
McIntire, Assistant Attorney General; William H. Cox, III, District
Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The petitioner, Terrance Lowdermilk, appeals the trial court's
dismissal of his petition for post- conviction relief.  The state has
filed a motion requesting that this court affirm the trial court's
denial of relief pursuant to Rule 20, Tenn. Ct. Crim. App. R. The
petition is barred by the statute of limitations and does not
establish that the petitioner is alternatively entitled to relief by a
writ of habeas corpus.  Accordingly, the state's motion is granted and
the judgment of the trial court is affirmed.

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

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