Opinion Flash

October 12, 2004
Volume 10 — Number 197

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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Court of Appeals
09 New Opinion(s) from the Tennessee Court of Criminal Appeals
01 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


SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_1011.wpd

In re M.A.R.

Court:TCA

Attorneys:                          

Susan V. Logan, Franklin, Tennessee, for the appellant, K.R.

Paul G. Summers, Attorney General and Reporter, and Dianne Stamey
Dycus, Deputy Attorney General, for the appellee, Department of
Children's Services.

Judge: KOCH

First Paragraph:

This appeal involves the termination of a biological mother's rights
regarding her nine-year-old son.  After the juvenile court granted the
Department of Children's Services' petition to terminate her parental
rights, the mother appealed to this court asserting (1) that the court
erred by failing to grant her a continuance, (2) that she was denied
effective assistance of counsel, and (3) that the Department failed to
prove any substantive grounds for termination by clear and convincing
evidence.  We have determined that the judgment terminating the
mother's parental rights must be vacated because the transcript of the
proceedings included in the appellate record is not a full, accurate,
and complete account of the juvenile court proceedings.  Without an
adequate record, the mother has been deprived of her right to
effective appellate review of the decision to terminate her parental
rights.

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

THOMAS J. FAULKNER, JR. v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Robert M. Burts, Rutledge, Tennessee, for the Appellant, Thomas J.
Faulkner, Jr.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Brent C. Cherry, Assistant Attorney General; and
Charles L. Murphy, Assistant District Attorney General, for the
Appellee, State of Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Thomas Jefferson Faulkner, Jr., appeals as of right
from the judgment of the Grainger County Circuit Court denying his
petition for post-conviction relief.  Faulkner argues that he was
denied the effective assistance of counsel at sentencing due to trial
counsel's failure to introduce mitigating evidence.  After a review of
the record, we affirm the denial of post-conviction relief.

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

STATE OF TENNESSEE v. RONALD HAMILTON, SR.

Court:TCCA

Attorneys:                          

Ronald Hamilton, Sr., Pro Se.

Paul G. Summers, Attorney General and Reporter; Braden H. Boucek,
Assistant Attorney General; Victor S. Johnson, District Attorney
General; and Roger Moore, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant, Ron C. Hamilton, Sr., appeals from the trial court's
order denying the Defendant's motion to alter or amend judgment.  The
State filed a motion to affirm the judgment of the trial court by
memorandum opinion pursuant to Rule 20, Rules of the Tennessee Court
of Criminal Appeals.  We grant the State's motion and affirm the
judgment of the trial court.

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

STATE OF TENNESSEE v. CHRISTOPHER DAVID HODGE

Court:TCCA

Attorneys:                          

Didi Christie, Brownsville, Tennessee (on appeal); Gary F. Antrican,
District Public Defender, and Julie D. Pillow, Assistant Public
Defender (at trial), for the appellant, Christopher David Hodge.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Elizabeth T. Rice, District Attorney
General; and Tracey A. Brewer, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The defendant, Christopher David Hodge, appeals his conviction of
second degree murder.  The defendant alleges that the evidence was
insufficient to support the conviction and that the trial court erred
in disallowing discovery of certain information relevant to
preparation of a defense.  From our review, we conclude there is no
reversible error and affirm the conviction.

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

KENDRICK KELLY v. DAVID G. MILLS, WARDEN

Court:TCCA

Attorneys:                          

Kendrick Kelly, pro se.

Paul G. Summers, Attorney General & Reporter; Michael Markham,
Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The Petitioner, Kendrick Kelly, 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 attach the applicable judgment of conviction
to his petition, we grant the State's motion and affirm the judgment
of the lower court.

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

RICHARD MADKINS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Richard Madkins, pro se.

Paul G. Summers, Attorney General & Reporter; Michael Markham,
Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Richard Madkins, appeals the trial court's imposition
of a twenty-five-year sentence for the offense of especially
aggravated kidnapping after remand by the post-conviction court.  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.  We grant the State's motion and affirm the judgment
of the lower court.

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

JOSEPH MATTHEW MAKA v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Danny R. Ellis, Jackson, Tennessee, for the Appellant, Joseph Matthew
Maka.

Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; James G. Woodall, District Attorney
General; and Al Earls, Assistant District Attorney General, for the
Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

The petitioner appeals the Madison County Circuit Court's denial of
post-conviction relief.  Because the post-conviction court had no
jurisdiction to rescind its earlier grant of post-conviction relief,
we reverse.

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

MICHAEL D. O'GUIN  v. KEVIN MYERS, WARDEN

Court:TCCA

Attorneys:                          

Kenneth K. Crites, Centerville, Tennessee, for the appellant, Michael
D. O'Guin.

Paul G. Summers, Attorney General and Reporter; Richard H. Dunavant
and Elizabeth T. Ryan, Assistant Attorneys General; T. Michel Bottoms,
District Attorney General, for the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Petitioner, Michael D. O'Guin, pled guilty in 1998 to one count of
child rape, and the trial court sentenced the Petitioner to fifteen
years in prison, as a Range I standard offender, at thirty percent. 
The trial court then amended the original judgment within thirty days
and ordered the Petitioner's sentence to be served at one hundred
percent, with the possibility of a fifteen percent reduction based on
sentence reduction credits. The Petitioner filed a petition for a writ
of habeas corpus, which the trial court denied.  On appeal, the
Petitioner contends that the trial court erred by dismissing his
petition because the original judgment was void, making the amended
judgment also void.  After reviewing the record and relevant
authorities, we conclude that the amended judgment is not void, and
the trial court's dismissal of the petition is affirmed.

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

LOUIS TYRONE ROBINSON v. RICKY BELL, WARDEN

Court:TCCA

Attorneys:                          

Charles E. Walker, Nashville, Tennessee, for the appellant, Louis
Tyrone Robinson.

Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Michael Rohling, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

In this procedurally complex appeal, the Petitioner, Louis Tyrone
Robinson, appeals the dismissal of his petition for writ of habeas
corpus which collaterally attacks several prior convictions. Before
the habeas court, and on appeal, the Petitioner contends that the
trial court used these prior convictions to enhance his current
sentence by finding that he was a persistent offender.  The record
lacks sufficient proof to show that the trial court based the
Petitioner's enhanced sentence on these previous convictions;
therefore, we affirm the trial court's dismissal of the petition.

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

DERWIN THOMAS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Derwin V. Thomas, pro se.

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

Judge: HAYES

First Paragraph:

The Petitioner, Derwin Thomas, appeals the trial court's denial of his
petition for writ of error coram nobis 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.  
Petitioner's petition for writ of error coram nobis is untimely and is
therefore time-barred.  Accordingly, we grant the State's motion and
affirm the judgment of the lower court.

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

Occupations Subject to Professional Privilege Tax

Date: October 11, 2004

Opinion Number: 04-154

http://www.tba.org/tba_files/AG/2004/op154.pdf

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