Learn how to avoid legal malpractice claims Legal malpractice claims are growing more common and insurance coverage is becoming more expensive and difficult to obtain. This 3-hour seminar will discuss current legal developments in the area of legal malpractice, common (but often avoidable) mistakes by lawyers and ethical issues implicated by legal malpractice claims. https://www.tba.org/onsiteinfo/legalmal_2005.html    TODAY'S OPINIONS: Monday, November 21, 2005 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 - TN Supreme Court 00 - TN Worker's Comp Appeals 01 - TN Supreme Court - Rules 00 - TN Court of Appeals 08 - TN Court of Criminal Appeals 00 - TN Attorney General Opinions 00 - Judicial Ethics Opinions 00 - Formal Ethics Opinions - BPR 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. We recommend you download the Opinions to your computer and then open them from there. Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. 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 DISCRETIONARY APPEALS Court: TSC-Rules http://www.tba2.org/tba_files/TSC_Rules/2005/certlist112105.pdf WILLIAM BINKLEY v. STATE OF TENNESSEE Court: TCCA Attorneys: John H. Baker, Murfreesboro, Tennessee, for the appellant, William Binkley. Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; William C. Whitesell, Jr., District Attorney General; and Trevor H. Lynch, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: NORMA MCGEE OGLE The petitioner, William Binkley, was convicted by a Rutherford County Circuit Court jury of attempted first degree murder and reckless endangerment, and the trial court sentenced him to an effective twenty-five-year sentence. Subsequently, the petitioner filed a petition for post-conviction relief, claiming that he received the ineffective assistance of trial counsel. After an evidentiary hearing, the post-conviction court denied post-conviction relief, and the petitioner appealed. The State argues that the appeal should be dismissed because the petitioner filed his post-conviction petition outside the one-year statute of limitations. We conclude that the case should be remanded in order for the post-conviction court to determine whether the petition was filed outside the one-year statute of limitations. Regarding the petitioner’s ineffective assistance of counsel claim, we hold that the post-conviction court properly ruled that the petitioner did not receive the ineffective assistance of counsel. http://www.tba2.org/tba_files/TCCA/2005/binkleyw112105.pdf JAMES LAVELL CARRETHERS v. STATE OF TENNESSEE Court: TCCA Attorneys: Charles E. Walker, Nashville, Tennessee, for the appellant, James Lavell Carrethers. Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Michael Damian Rohling, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: JOSEPH M. TIPTON The petitioner, James Lavell Carrethers, appeals from the Davidson County Criminal Court’s dismissal of his petition for post-conviction relief from his conviction for second degree murder, a Class A felony. He contends that the trial court erred in instructing the jury and that he received the ineffective assistance of counsel. We affirm the judgment of the trial court. http://www.tba2.org/tba_files/TCCA/2005/carrethersj112102.pdf CALVIN J. GRISSETTE v. STATE OF TENNESSEE Court: TCCA Attorneys: Dwight Scott, Nashville, Tennessee, for the Appellant, Calvin J. Grissette. Paul G. Summers, Attorney General & Reporter; Renee W. Turner, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Amy Eisenbeck and Pamela Sue Anderson, Assistant District Attorneys General, for the Appellee, State of Tennessee. Judge: JAMES CURWOOD WITT, JR. The petitioner, Calvin J. Grissette, appeals the Davidson County Criminal Court’s order dismissing his November 2, 2004 petition for post-conviction relief that challenged his 2003 convictions of second degree murder and attempt to commit second degree murder. In his petition, the petitioner claimed infirmity in his convictions due to the ineffective assistance of counsel. Because the record supports the post-conviction court’s denial of relief, we affirm. http://www.tba2.org/tba_files/TCCA/2005/grissettec112105.pdf STATE OF TENNESSEE v. JAMES EDWARD LONG Court: TCCA Attorneys: Ross E. Alderman, District Public Defender; and Jeffrey A. DeVasher (on appeal) and Jonathan F. Wing (at hearing), Assistant District Public Defenders, for the Appellant, James Edward Long. Paul G. Summers, Attorney General & Reporter; Blind Akrawi, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Bernard McEvoy, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: JAMES CURWOOD WITT, JR. Aggrieved of the Davidson County Criminal Court’s revocation of his probation, the defendant, James Edward Long, appeals. He presents two issues on appeal: (1) whether the state adequately informed the defendant of the factual basis for the revocation and (2) whether the trial court abused its discretion in ordering the defendant to serve the balance of his sentence in confinement. We affirm the order of the Criminal Court. http://www.tba2.org/tba_files/TCCA/2005/longj112105.pdf STATE OF TENNESSEE v. BASIL MARCEAUX Court: TCCA Attorneys: Basil Marceaux, pro se, Chattanooga, Tennessee. Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General, for the appellee, State of Tennessee. Judge: ROBERT W. WEDEMEYER The Petitioner, Basil Marceaux, appeals the trial court’s dismissal of his motion to suppress evidence against him. The State has filed a motion requesting that the Court affirm the trial court’s denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We find the State’s motion has merit. Accordingly, the motion is granted and the appeal is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals. http://www.tba2.org/tba_files/TCCA/2005/marceauxb112105.pdf STATE OF TENNESSEE v. BOBBY JAMES MOSLEY, JR. Court: TCCA Attorneys: Hershell D. Koger, Pulaski, Tennessee, for the appellant, Bobby James Mosley, Jr. Paul G. Summers, Attorney General & Reporter; Benjamin A. Ball, Assistant Attorney General; and Weakley E. Bernard, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GARY R. WADE The defendant, Bobby James Mosley, Jr., was convicted of aggravated robbery, a Class B felony. See Tenn. Code Ann. § 39-13-401(a), -402(a)(1) (2003). The trial court imposed a Range I, twelve-year sentence. In this appeal, the defendant asserts that the trial court erred by (1) limiting the direct examination of the defendant; (2) barring him from the courtroom; and (3) striking his testimony from the record. The judgment of the trial court is affirmed. http://www.tba2.org/tba_files/TCCA/2005/mosleyb112105.pdf STATE OF TENNESSEE v. CECIL MOSS Court: TCCA Attorneys: William Bradley Lockert, III, District Public Defender, and Christopher L. Young, Assistant Public Defender, for the appellant, Cecil Moss. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Dan Mitchum Alsobrooks, District Attorney General, for the appellee, State of Tennessee. Judge: JOSEPH M. TIPTON The defendant, Cecil Moss, filed two motions in Dickson County Circuit Court requesting pretrial jail credits and sentencing credits on his two convictions for sale of cocaine and the trial court denied both motions. The defendant appeals, contending the trial court erred in denying him jail credit. We hold that this case is not properly before this court because no appeal as of right exists from the trial court’s dismissal of the motions, and we dismiss the appeal. http://www.tba2.org/tba_files/TCCA/2005/mossc112105.pdf STATE OF TENNESSEE v. ROBERT ANTHONY STEWART, JR. Court: TCCA Attorneys: Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; William Michael McCown, District Attorney General; and Michael David Randles and Ann L. Filer, Assistant District Attorneys General, for the appellant, State of Tennessee. Fletcher W. Long and Mattie Lee Bhela, Springfield, Tennessee, for the appellee, Robert Anthony Stewart, Jr Judge: JOSEPH M. TIPTON The state appeals the Bedford County Circuit Court’s suppression of statements made by the defendant at the defendant’s second sentencing hearing. It claims that despite its failure during discovery to give the defendant notice of his statements, the trial court abused its discretion in suppressing the state’s evidence, which it contends is the most drastic measure available and should only be employed when no other appropriate remedy exists. The state argues that granting the defendant a continuance would have been an appropriate remedy. We conclude the trial court erred in suppressing the statements and remand the case for further proceedings consistent with this opinion. http://www.tba2.org/tba_files/TCCA/2005/stewartr112105.pdf   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 instructions at the beginning of this edition of Opinion Flash. JOIN THE TENNESSEE BAR ASSOCIATION! 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