Opinion Flash

September 23, 2004
Volume 10 — Number 184

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


ANTHONY JEROME STOKES  v.  STATE OF TENNESSEE 

Court:TSC

Attorneys:                          

Julie A. Hall, Columbus, Ohio, for the appellant, Anthony Jerome
Stokes.

Paul G. Summers, Attorney General & Reporter; Michael E. Moore,
Solicitor General; and Angele M. Gregory, Assistant Attorney General,
for the appellee, State of Tennessee.

Judge: BARKER

First Paragraph:

After pleading guilty to two counts of murder, petitioner filed a
petition for post-conviction relief attacking his sentences.  Relief
was denied by both the trial court and by the Court of Criminal
Appeals.  Thereafter, counsel for the petitioner neither withdrew nor
filed an application for permission to appeal in this Court. 
Petitioner filed multiple other pleadings, including a second petition
for post-conviction relief seeking a delayed appeal to this Court from
the judgment of the Court of Criminal Appeals dismissing his first
petition for post-conviction relief.  The Court of Criminal Appeals
granted an evidentiary hearing on the second petition for
post-conviction relief, at which the trial court held that the
petitioner had been denied due process by the actions of his counsel
in failing to either withdraw or file an application for permission to
appeal after the Court of Criminal Appeals' decision of the first
petition.  The Court of Criminal Appeals agreed.  We reverse the
decision of the Court of Criminal Appeals, holding that because there
is no right to effective assistance of counsel in post-conviction
proceedings, and because the petitioner was afforded a full
evidentiary hearing and full review in his first-tier post-conviction
appeal, there was no due process violation.

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

MICHAELA BABB v. HAMILTON COUNTY BOARD OF EDUCATION 

Court:TCA

Attorneys:                          

Jeffrey D. Boehm, Chattanooga, Tennessee, for the Appellant, Michaela
Babb

D. Scott Bennett, Chattanooga, Tennessee, for the Appellee, Hamilton
County Board of Education

Judge: LEE

First Paragraph:

This is a suit brought by a school teacher against the Hamilton County
Board of Education under the Tennessee Governmental Tort Liability Act
wherein the teacher alleges negligence on the part of the Board of
Education as a result of an assault on her by a student who was
re-enrolled in school and re-placed in her classroom despite the fact
the student had assaulted her the previous month and been suspended
from school. The trial court granted the Board of Education's motion
for summary judgment.  We hold that the decision to place the student
back in the teacher's classroom, despite the previous assault, was a
discretionary action for which the Board of Education was immune from
liability.  Accordingly, we affirm and remand to the trial court.

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

MICHAEL ADDISON v. MR. TONY PARKER, WARDEN

Court:TCCA

Attorneys:                          

Michael Addison, pro se.

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

Judge: HAYES

First Paragraph:

The Petitioner, Michael Addison, appeals the trial court's denial of
his petition for habeas corpus relief.  The State has filed a motion
requesting that this Court affirm the trial court's denial of relief
pursuant to Rule 20, Rules of the Court of Criminal Appeals.  Because
Petitioner has failed to allege a ground for relief which would render
the judgment void, we grant the State's motion and affirm the judgment
of the lower court.

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

STATE OF TENNESSEE v. NOVELLA BEARD

Court:TCCA

Attorneys:                          

Juni Ganguli and Charles E. Waldman, Memphis, Tennessee, for the
appellant, Novella Beard.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; William L. Gibbons, District Attorney
General; and David Pritchard and Amy Weirich, Assistant District
Attorneys General, for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The defendant, Novella Beard, appeals from a conviction for aggravated
robbery on the basis of insufficiency of the evidence and alleged
error concerning jurors' questions of witnesses.  We find no
reversible error and affirm the conviction.

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

ARZOLIA CHARLES GOINES v. WARDEN GLEN TURNER

Court:TCCA

Attorneys:                          

Arzolia Charles Goines, pro se.

Paul G. Summers, Attorney General & Reporter; Helena Walton Yarbrough,
Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The Petitioner, Arzolia Charles Goines, appeals the trial court's
denial of his petition for habeas corpus relief.  The State has filed
a motion requesting that this Court affirm the trial court's denial of
relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. 
Because Petitioner has failed to allege a ground for relief which
would render the judgment void, we grant the State's motion and affirm
the judgment of the lower court.

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

STATE OF TENNESSEE v. FREEMAN ANTOINE HALE

Court:TCCA

Attorneys:                          

Ardena J. Garth, District Public Defender, and Donna Robinson Miller,
Assistant District Public Defender, Chattanooga, Tennessee, for the
Appellant, Freeman Antoine Hale.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Seth P. Kestner, Assistant Attorney General; and
Dave Denny, Assistant District Attorney General, for the Appellee,
State of Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Freeman Antoine Hale, appeals from the judgment of the
Hamilton County Criminal Court revoking his community corrections
sentences.  Hale pled guilty to aggravated burglary and possession of
cocaine with intent to sell and received an effective three-year
sentence.  As a result of these convictions, he was placed on
intensive probation but, following violations of release, he was
resentenced to community corrections.  Hale then proceeded to violate
his community corrections agreement, and the trial court ordered him
to serve the remainder of his sentences in the Department of
Correction.  On appeal, Hale asserts that the evidence was
insufficient to establish that the violations occurred.  After review,
the judgment of the trial court is affirmed.

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

BERNIE R. MCGILL v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

J. Liddell Kirk, Knoxville, Tennessee, for the Appellant, Bernie R.
McGill.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Helen Walton Yarbrough, Assistant Attorney General;
Randall E. Nichols, District Attorney General; and Phillip Morton,
Assistant District Attorney General, for the Appellee, State of
Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Bernie R. McGill, appeals the dismissal of his petition
for post-conviction relief by the Knox County Criminal Court.  The
post-conviction court concluded that it was without jurisdiction to
review McGill's claims because the petition was filed outside the
one-year limitation period.  After review, we affirm the dismissal of
the petition.

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

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