Opinion FlashSeptember 23, 2004Volume 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):
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 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 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! 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