Opinion Flash; xx/xx/2004


THE ANNUAL ETHICS ROADSHOW:
Just Sign Here . . . Conflict Waivers and Engagement Letters Under Tennessee's New Rules Dec. 8 - Memphis Dec. 9 - Nashville Dec. 16 - Knoxville Dec. 17 - Chattanooga With the advent of the new Tennessee Rules of Professional Conduct, Tennessee lawyers now are required to follow their own advice when it comes to having clients waive conflicts of interest. But who really understands how to do this in a way that effectively communicates what's important to the client, protects the lawyer from exposure down the road, and complies with the ethics rule itself in the here and now? This three-hour seminar will be taught by either Lucian T. Pera or Brian S. Faughnan, each of Armstrong Allen in Memphis. Lucian is chair of the TBA Standing Committee on Ethics and Professional Responsibility, and Brian practices law with Lucian in the area of ethics and professional responsibility and is a frequent CLE speaker.

Today's Opinions: November 22, 2004 Volume 10 — Number 225 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.
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
00	New Opinion(s) from the Tennessee Court of Appeals
03	New Opinion(s) from the Tennessee Court of Criminal Appeals
02	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

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 or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.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. • Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. • Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion. 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_112204.wpd

STATE OF TENNESSEE v. MICHAEL KEITH MASSENGILL

Court:TCCA

Attorneys:
 
Steve McEwen, Mountain City, Tennessee (on appeal), and Mack Garner,
District Public Defender (at trial), for the appellant, Michael Keith
Massengill.

Paul G. Summers, Attorney General and Reporter; Seth P. Kestner,
Assistant Attorney General; Michael L. Flynn, District Attorney
General; and Michael Gallegos, Assistant District Attorney General,
for the appellee, State of Tennessee. 
                          
Judge: GLENN

First Paragraph: 

The defendant, Michael K. Massengill, appeals the revocation of his
probation, arguing that the trial court erred in failing to place him
back on intensive probation or in the community corrections program
after he violated his probation.  Following our review, we affirm the
order of the trial court.

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

JAMES D. L. PERRY v. HOWARD CARLTON, WARDEN

Court:TCCA

Attorneys:
                          
James D. L. Perry, Mountain City, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter, and Kathy D. Aslinger,
Assistant Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The petitioner, James D. L. Perry, appeals pro se from the Johnson
County Criminal Court's dismissal of his petition for habeas corpus
relief. The petitioner attacks his two convictions for possession with
intent to sell one-half or more grams of cocaine within one thousand
feet of a school for which he received concurrent twenty-year terms. 
He contends that the first cocaine conviction is void because he was
entrapped, that the second cocaine conviction is void because he was
convicted of a crime for which he was not indicted, and that both
convictions are void because he was convicted under a statute which he
claims was inapplicable.  We affirm the trial court's dismissal of the
petition.

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

STATE OF TENNESSEE v. ARTHUR SOUTHERN

Court:TCCA

Attorneys:                          

Timothy S. Priest (on appeal), Winchester, Tennessee, and David
McGovern (at hearing), Jasper, Tennessee, for the appellant.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; James Michael Taylor, District
Attorney General; William Copeland, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Defendant, Arthur Southern, pled guilty to two counts of sale of a
schedule II controlled substance.  The trial court sentenced the
Defendant to four years and three months on each count and ordered
that the sentences run consecutively, for an effective sentence of
eighty years and six months.  The Defendant filed a motion to withdraw
his guilty plea, which the trial court denied.  The Defendant then
filed a motion for a new sentencing hearing or a sentence reduction,
which the trial court denied.  On appeal the Defendant contends that
the trial court erred when it: (1) denied his motion to withdraw his
guilty plea; and (2) ordered that his sentences run consecutively. 
Finding no reversible error, we affirm the judgments of the court.

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

TBE Program

Date: November 19, 2004

Opinion Number: 04-166

http://www.tba.org/tba_files/AG/2004/op166.pdf

Repeal of Private Act

Date: November 19, 2004

Opinion Number: 04-167

http://www.tba.org/tba_files/AG/2004/op167.pdf

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