Opinion Flash

August 11, 2004
Volume 10 — Number 154

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
00 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


KENNETH ANTHONY v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Richard McGee, Nashville, Tennessee, for the Appellant, Kenneth
Anthony.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Helena Walton Yarbrough, Assistant Attorney
General; Victor S. (Torry) Johnson III; and Dan Hamm, Assistant
District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Kenneth Anthony, appeals from the Davidson County
Criminal Court's dismissal of his petition for post-conviction relief.
 Anthony was convicted of first degree premeditated murder and
attempted second degree murder.  On appeal, Anthony argues that he
received ineffective assistance of counsel.  After review of the
record, we reverse the judgment of the post-conviction court and
remand for a new trial.

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

STATE OF TENNESSEE v. JOHN C. WALKER, III
WITH CONCURRING OPINION

Court:TCCA

Attorneys:                          

David N. Brady, District Public Defender, and John B. Nisbet, III,
Assistant Public Defender, for the appellant, John C. Walker, III.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General;  William E. Gibson, District Attorney
General; and Anthony J. Craighead, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, John C. Walker, III, was convicted of second degree
murder, a Class A felony, and sentenced as a Range I, violent offender
to twenty-five years of incarceration.  In this direct appeal, Walker
alleges that (1) the evidence is insufficient to support his
conviction; (2) the trial court erred in failing to dismiss the action
due to destruction of evidence; (3) the trial court erred by failing
to instruct the jury on certain lesser included offenses and by giving
other improper jury instructions, such as instructing on "flight,"
giving substantive instruction at the beginning of the trial, and
providing papers to the jury unseen by counsel; and (4) the trial
court erred in sentencing Walker to the maximum sentence of
twenty-five years.  After review of the record, we find no error and
affirm the conviction and resulting sentence.

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

CONCURRING OPINION
http://www.tba.org/tba_files/TCCA/walkerjciii_con.wpd

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