UNDERSTANDING THE NEW CHILD SUPPORT GUIDELINES
This new TennBarU course will help you learn just what the new Child
Support Guidelines will mean to your clients and your practice. Each
seminar location features presentations by the most knowledgeable
people in the field and will also include two panel discussions
involving local judges and practitioners. Leading the programs will be
Laura Morgan, who literally wrote the book on child support
guidelines, economist Jane Venohr, who designed Tennessee's new Income
Shares Guidelines, and DHS Assistant General Counsel Kim Beals.

Dec. 6 in Memphis
Dec. 7 in Jackson
Dec. 8 in Nashville
Dec. 9 in Chattanooga
Dec. 10 in Knoxville
Dec. 14 in Johnson City

Today's Opinions: December 3, 2004
Volume 10 — Number 232
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
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
08 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

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

JERRY D. CARNEY v. DAVID MILLS, WARDEN

Court:TCCA

Attorneys:                          

Jerry D. Carney, Pro se.

Paul G. Summers, Attorney General and Reporter; and Rachel E. Willis,
Assistant Attorney General; for the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Petitioner, Jerry D. Carney, was convicted in 1998 of first degree
murder, and the trial court sentenced him to life with the possibility
of parole.  In 2004, the Petitioner filed a pro se petition for of
habeas corpus, which the trial court summarily dismissed.  On appeal,
the Petitioner contends that the trial court erred in dismissing his
petition because the indictment charging him with first degree murder
was defective and because the trial court improperly instructed the
jury at his trial.   Finding no reversible error, we affirm the trial
court's judgment.

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

STATE OF TENNESSEE v. BUSTER CHANDLER

Court:TCCA

Attorneys:                          

Mark E. Stephens, District Public Defender; Mary Ellen Coleman,
Assistant District Public Defender, for the Appellant, Buster
Chandler.

Paul G. Summers, Attorney General & Reporter; John H. Bledsoe,
Assistant Attorney General; and Randall E. Nichols, District Attorney
General, for the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

Aggrieved of the summary dismissal of his petition for habeas corpus
relief, the petitioner  appeals.  Based upon Roger L. Hickman v.
State, ___ S.W.3d ___, No. E2002-01916-SC-R11-PC (Tenn., Knoxville,
Sept. 2, 2004), we affirm.

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

STATE OF TENNESSEE v. RONALD HARRISON

Court:TCCA

Attorneys:                          

Jeffery L. Stimpson, Munford, Tennessee, for the appellant. 

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Michele Parks, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Defendant, Ronald Harrison, was indicted for rape, and he pled
guilty to the lesser-included offense of sexual battery.  After
holding a sentencing hearing, the trial court denied the Defendant's
request for judicial diversion, suspended sentence and probation, and
sentenced the Defendant to two years in the county workhouse.  The
Defendant appeals, contending that the trial court erred when it: (1)
denied his application for judicial diversion; and (2) sentenced him
to two years.  After thoroughly reviewing the record, we conclude that
the trial court did not err when it denied the Defendant's application
for judicial diversion.  Further, we hold that the trial court
improperly enhanced the Defendant's sentences in light of Blakely v.
Washington, 542 U.S. __, 124 S. Ct. 2531 (2004), and we reduce the
Defendant's sentence in accordance with this opinion to the
presumptive minimum of one year.  We remand the case for the entry of
appropriate judgments of conviction.

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

STATE OF TENNESSEE v. CHANCE COY HERRON

Court:TCCA

Attorneys:                          

John Wayne Allen, Cookeville, Tennessee, for the appellant, Chance Coy
Herron.

Paul G. Summers, Attorney General and Reporter; Richard H. Dunavant,
Assistant Attorney General; William Edward Gibson, District Attorney
General; and Anthony J. Craighead, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The defendant appeals, on a certified question of law, the trial
court's failure to suppress evidence resulting from his warrantless
arrest and search of his home.  Because the defendant has failed to
properly reserve a certified question of law for appeal, we dismiss.

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

STATE OF TENNESSEE v. BILLY WAYNE McCORMICK

Court:TCCA

Attorneys:                          

Gregory D. Smith (on appeal), Clarksville, Tennessee, and F. Michie
Gibson, Jr. (at trial), Nashville, Tennessee, for the appellant, Billy
Wayne McCormick.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General;  Victor S. (Torry) Johnson, III, District
Attorney General; and Ryan D. Brown, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The defendant appeals from convictions of aggravated assault and
evading arrest. He contends that the evidence was insufficient to
support the verdicts, and that the sentence of eight years for
aggravated assault was excessive.  After careful consideration and a
thorough review of the record, the convictions and the sentences are
affirmed.

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

STATE OF TENNESSEE v. DEMETRIE OWENS

Court:TCCA

Attorneys:                          

Merrilyn Feirman, Nashville, Tennessee and Andrew Jackson Fearing,
III, Shelbyville, Tennessee, for the appellant, Demetrie Owens.

Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Mike McCowen, District Attorney General;
and Weakley E. Barnard, Assistant District Attorney General,  for the
appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The appellant, Demetrie Owens, was found guilty by a jury on two
counts of theft of property valued between $1,000 and $10,000 and one
count of possession of contraband in a penal institution.  The jury
found the appellant not guilty of possession of cocaine with the
intent to sell.  At the sentencing hearing, the trial court merged the
two theft convictions and sentenced the appellant to three years and
four months on the theft and four years and eight months on the drug
offense.  The trial court ordered the sentences to run consecutively. 
On appeal, the appellant challenges the sufficiency of the evidence,
the jury instructions on the charge of possession of contraband in a
penal institution, and his sentence.  Because the appellant failed to
include his challenge to the jury instructions in a motion for new
trial, that issue is waived.  As to the remaining issues, we determine
that the evidence was sufficient to sustain the convictions and that
the trial court properly sentenced the appellant.

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

STATE OF TENNESSEE v. MONTY EARL PICKLESIMER
CORRECTED OPINION

Court:TCCA

Attorneys:                          

Fikisha Swader (at trial) and Jeffrey A. DeVasher (on appeal),
Assistant Public Defenders, for the appellant, Monty Earl Picklesimer

Paul G. Summers, Attorney General & Reporter; Seth P. Kestner,
Assistant Attorney General; and   Pamela Anderson, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The defendant, Monty Earl Pickelsimer, entered negotiated pleas of
guilt to theft of property having a value of more than $10,000.00 or
more but less than $60,000.00 and theft of property having a value of
more than $1000.00 more but less than $10,000.00.  The plea agreement
included concurrent Range I sentences of three years on each offense
and certified a question of law for appeal as to whether the defendant
was denied a speedy trial under the state and federal constitutions. 
Because the defendant was denied his right to a speedy trial, the
judgment is reversed, the conviction is set aside, and the cause is
dismissed.

CORRECTED OPINION
http://www.tba.org/tba_files/TCCA/picklesimermontyearl.wpd

STATE OF TENNESSEE v. CHARLES R. TURNER

Court:TCCA

Attorneys:                          

Emma Rae Tennent (on appeal) and Rebecca Warfield (at trial),
Assistant Public Defenders, Nashville, Tennessee, for the Appellant,
Charles R. Turner.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Michelle Chapman McIntire, Assistant Attorney
General; Victor S. Johnson III, District Attorney General; and Ryan D.
Brown, Assistant District Attorney General, for the Appellee, State of
Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Charles R. Turner, was convicted by a Davidson County
jury of two counts of identify theft and sentenced to concurrent
sentences of three years, with service of one year in confinement.  In
addition, Turner was ordered to pay restitution.  On appeal, Turner
raises four issues for our review: (1) whether the trial court erred
by failing to suppress an in-court identification by a witness; (2)
whether the evidence was sufficient to support his convictions; (3)
whether the trial court imposed excessive sentences; and (4) whether
the trial court erred in determining the amount of restitution.  After
review of the record, we conclude that the identification issue is
without merit and the evidence is legally sufficient to support the
convictions.  Accordingly, we affirm the judgments of conviction. 
However, after review, we conclude that the trial court failed to
sentence the Appellant in accordance with the 1989 Sentencing Act and
to properly determine the Appellant's ability to pay the ordered
restitution.  Accordingly, we remand the case for a proper
determination of these sentencing issues.

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

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!
But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi

TBALink HomeContact UsPageFinderWhat's NewHelp

© Copyright 2004 Tennessee Bar Association