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Today's Opinions: January 6, 2005
Volume 11 — Number 003
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
04 New Opinion(s) from the Tennessee Court of Criminal Appeals
05 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


IN RE:  AMENDMENTS TO TENNESSEE RULES OF CIVIL PROCEDURE

Court:TSC - Rules

Judge: DROWOTA

First Paragraph:

The Court adopts the attached amendments effective July 1, 2005,
subject to approval by resolutions of the General Assembly.  The rules
amended are as follows:
RULE 1  SCOPE OF RULES
RULE 1A SEALING COURT RECORDS
RULE 3  COMMENCEMENT OF ACTION
RULE 4  PROCESS
RULE 19 JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION
RULE 41 DISMISSAL OF ACTIONS
RULE 45 SUBPOENA
RULE 54 JUDGMENTS AND COSTS
RULE 58 ENTRY OF JUDGMENT.

http://www.tba.org/tba_files/TSC_Rules/2005_rules_amend.wpd

*OR*
http://www.tba.org/rules/2005_scamends/

STATE OF TENNESSEE v. MICHAEL WAYNE WEST BRONSON
STATE OF TENNESSEE v. JAMES JAY WEBSTER
STATE OF TENNESSEE v. JEREMY DEAN HARGROVE
STATE OF TENNESSEE v. CHRISTOPHER GEORGE BAXLEY
STATE OF TENNESSEE v. JASON EDWARD LUTHER
STATE OF TENNESSEE v. DAVID EARL STAMPS
STATE OF TENNESSEE v. THOMAS NEAL TURNER

Court:TCCA

Attorneys:                          

Guy T. Wilkinson, District Public Defender, W. Jeffery Fagan,
Assistant District Public Defender, for the appellants, Michael Wayne
Best Bronson, James Jay Webster, Jeremy Dean Hargrove, Christopher
George Baxley, James L. Norman, Jason Edward Luther, David Earl
Stamps, and Thomas Neal Turner.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; G. Robert Radford, District Attorney
General; and Steven L. Garrett, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The Henry County Circuit Court amended the defendants' judgments of
convictions to reflect that their sentences included a term of
community supervision for life pursuant to T.C.A. S 39-13-524.  In
this consolidated appeal, the defendants claim the trial court lacked
jurisdiction to enter the order because of the passage of time since
entry of the original judgments of conviction.  We affirm the
judgments of the trial court.

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

JON HALL v.  STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Paul N. Buchanan, Brentwood, Tennessee, and Danny R. Ellis, Jackson,
Tennessee, for the appellant, Jon Hall.

Paul G. Summers, Attorney General and Reporter; Mark A. Fulks,
Assistant Attorney General; James G. Woodall, District Attorney
General; and Alfred Lynn Earls, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The petitioner, Jon Hall, appeals as of right the judgment of the
Madison County Circuit Court denying his petition for post-conviction
relief from his capital murder conviction.  The petitioner was
convicted of the 1994 first degree murder of his estranged wife,
Billie Jo Hall.  At the conclusion of the penalty phase of the trial,
the jury found one aggravating circumstance that the murder was
especially heinous, atrocious and cruel in that it involved torture or
serious physical abuse beyond that necessary to produce death.  See 
T.C.A. S 39-13-204(i)(5).  The jury further found that the aggravating
circumstance outweighed the evidence of mitigating circumstances
beyond a reasonable doubt and sentenced the petitioner to death.  The
petitioner's conviction and sentence of death were affirmed on appeal.
 See State v. Hall, 8 S.W.3d 593 (Tenn. 1999), reh'g denied, (Dec. 27,
1999), cert. denied, 531 U.S. 837 (2000).  The petitioner filed a pro
se petition for post-conviction relief on December 7, 2000, which was
followed by an amended petition on November 1, 2001.  On February 20,
2003, the trial court denied relief and dismissed the petition.  The
petitioner appeals, claiming that: (1) counsel were ineffective at the
guilt phase; (2) counsel were ineffective at the penalty phase; (3)
the heinous, atrocious or cruel aggravating circumstance is
unconstitutional as applied in this case; (4) the imposition of the
death penalty is unreliable and violates principles protected by both
the United States and Tennessee Constitutions; and (5) the death
sentence is unconstitutional as it infringes upon the petitioner's
right to life and is not necessary to promote any compelling state
interest.  We conclude that no error of law requires reversal, and we
affirm the trial court's denial of post-conviction relief.

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

STATE OF TENNESSEE v. RICHARD MADKINS

Court:TCCA

Attorneys:                          

Paul G. Summers, Attorney General & Reporter; J. Ross Dyer, Assistant
Attorney General; William L. Gibbons, District Attorney General; and
Steve Crossnoe, Assistant District Attorney General, for the
Appellant, State of Tennessee.

Kamilah E. Turner, Memphis, Tennessee, for the Appellee, Richard
Madkins.

Judge: WITT

First Paragraph:

The state appeals from the order of the Shelby County Criminal Court
dismissing multiple indictments brought against the petitioner,
Richard Madkins. The court had dismissed the indictments in connection
with granting habeas corpus relief to the petitioner owing to illegal
concurrent sentencing.  Finding that dismissal of the indictments was
an improper remedy, we reverse and remand for further proceedings
consistent with the procedures set forth in McLaney v. Bell, 59 S.W.3d
90 (Tenn. 2001).

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

STATE OF TENNESSEE v. JUDY C. TURNER
CORRECTED OPINION

Court:TCCA

Attorneys:                          

Rebecca D. Slone, Dandridge, Tennessee, for the Appellant, Judy C.
Turner.

Paul G. Summers, Attorney General & Reporter; Michelle Chapman
McIntire, Assistant Attorney General; Al C. Schmutzer, Jr., District
Attorney General; and Steven R. Hawkins, Assistant District Attorney
General, for the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

Indicted for aggravated burglary and the attempted first-degree murder
of her estranged husband, Judy C. Turner entered a best-interests plea
to assault with intent to commit second-degree murder, a Class B
felony. As part of a plea agreement with the state, the aggravated
burglary charge was dismissed.  The length and manner of service of
the defendant's sentence was reserved for the trial court's
determination.  The trial court denied alternative sentencing and
imposed a nine-year incarcerative sentence.  On appeal, the defendant
argues that she should have received an eight-year sentence making her
eligible for probation or split confinement.  For the following
reasons, we affirm the judgment.

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

Negotiation of Lower TennCare Drug Prices

Date: January 5, 2005

Opinion Number: 05-001

http://www.tba.org/tba_files/AG/2005/op1.pdf

Board of Commissioners of Fall River Road Utility District

Date: January 5, 2005

Opinion Number: 05-002

http://www.tba.org/tba_files/AG/2005/op2.pdf

Contribution Limits for Individuals and Associated LLCs and
Partnerships

Date: January 5, 2005

Opinion Number: 05-003

http://www.tba.org/tba_files/AG/2005/op3.pdf

County Commissioner Compensation

Date: January 5, 2005

Opinion Number: 05-004

http://www.tba.org/tba_files/AG/2005/op4.pdf

Public Exhibition or Display of Native American Indian Human Remains

Date: January 5, 2005

Opinion Number: 05-005

http://www.tba.org/tba_files/AG/2005/op5.pdf

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