Opinion Flash

August 6, 2004
Volume 10 — Number 151

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
02 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


TOMMY DAVIS CRAIG v. DAVID ROBERT DISON

Court:TCA

Attorneys:                          

Isham B. Bradley, Brentwood, Tennessee, for the appellant, Tommy Davis
Craig.

William G. McCaskill, Jr., Nashville, Tennessee, for the appellee,
David Robert Dison.

Judge: COTTRELL

First Paragraph:

This appeal involves an unsuccessful plaintiff who seeks review of a
jury verdict.  Plaintiff argues that the trial judge failed to perform
his function as a thirteenth juror.  We agree and reverse and remand
for a new trial.

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

STATE OF TENNESSEE v. RICHARD E. BOWERY

Court:TCCA

Attorneys:                          

Roger A. Woolsey, Greeneville, Tennessee, for the appellant, Richard
E. Bowery.

Paul G. Summers, Attorney General & Reporter; John H. Bledsoe,
Assistant Attorney General; and Cecil D. Mills, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The defendant, Richard E. Bowery, entered a plea of guilty to one
count of driving a commercial vehicle while under the influence of
alcohol, see Tenn. Code Ann. S 55-50-408, reserving the right to
appeal the trial court's denial of his motion to suppress the results
of the breathalyser test pursuant to Tennessee Rule of Criminal
Procedure 37(b)(2)(i).  The judgment of the trial court is affirmed.

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

STATE OF TENNESSEE v. LESLIE E. RAYMOND 

Court:TCCA

Attorneys:                          

Leslie E. Raymond, Whiteville, Tennessee, pro se. 

Paul G. Summers, Attorney General & Reporter; John H. Bledsoe,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; Takisha Fitzgerald, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: WITT

First Paragraph:

The petitioner, Leslie E. Raymond, appeals the trial court's dismissal
of his motion to correct an illegal sentence.  The State has filed a
motion requesting that this Court dismiss the appeal or, in the
alternative, affirm the trial court's action pursuant to Rule 20,
Rules of the Court of Criminal Appeals. The motion is without merit. 
Accordingly, the judgment of the trial court is affirmed.

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

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