TennBarU Teleseminar: Everything You Need to Know About Oral Arguments
Feb. 10, 2005

This session will take you through a step-by-step process for
preparing for oral argument and handling oral argument before
appellate courts from the time the docket notice arrives through the
end of rebuttal. Discussion will focus on topics such as use of the
record and exhibits, outlining potential outcomes, moot appellate
argument seesions, updating briefs, and designing oral argument and
rebuttal.

Today's Opinions: January 27, 2005
Volume 11 — Number 017
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
01 New Opinion(s) from the Tennessee Court of Appeals
04 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. 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


STATE OF TENNESSEE, EX REL. MOORE & ASSOCIATES, INC. v. LON F. WEST

Court:TCA

Attorneys: 
                         
William B. Herbert, IV, Nashville, Tennessee, for the appellant, Lon
F. West, Zoning Administrator of the Department of Codes
Administration of the Metropolitan Government of Nashville and
Davidson County, Tennessee.

Eugene N. Bulso, Jr., Joseph G. DeGaetano, Nashville, Tennessee, for
the appellee, Moore & Associates, Inc.

Judge: COTTRELL

First Paragraph:

This case involves judicial review of a zoning administrator's refusal
to issue a certificate of compliance with all zoning laws to a
newly-constructed hotel.  We reverse the trial court's denial of the
local government's motion to dismiss because such review is
appropriate under the common law writ of certiorari, not a direct
action for declaratory judgment, and the hotel owners failed to meet
the exhaustion requirements prerequisite to certiorari review.

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

STATE OF TENNESSEE v. MICHAEL LEBRON ANDERSON

Court:TCCA

Attorneys:                          

Ardena J. Garth, District Public Defender; Donna Robinson Miller and
Lorrie Miller; Assistant District Public Defenders, for the appellant,
Michael Lebron Anderson.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assistant Attorney General; William Cox, District Attorney General;
and Bob Patterson, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: MCLIN

First Paragraph:

The defendant, Michael Lebron Anderson, was convicted of burglary of a
building other than a habitation, a Class D felony, and was sentenced
to twelve years in the Department of Correction.  On appeal, the
defendant contends that the trial court erred by allowing hearsay
statements of eyewitnesses to be introduced through the testimony of a
police officer as an excited utterance, thereby violating his right to
confront witnesses against him.  After careful review of the record
and the parties' briefs, we affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. AARON T. BINKLEY

Court:TCCA

Attorneys:                          

J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Aaron T.
Binkley.

Paul G. Summers, Attorney General and Reporter; Seth P. Kestner,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Patti Cristil, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: MCLIN

First Paragraph:

The defendant, Aaron T. Binkley, pled guilty to forgery, a Class D
felony, and was sentenced as a Range One standard offender to two
years in the Department of Correction.  On appeal, the defendant
argues that the trial court erred in denying him alternative
sentencing.  Upon review, we affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. ARZOLIA CHARLES GOINES 

Court:TCCA

Attorneys:                          

Arzolia Charles Goines, Whiteville, Tennessee, Pro Se. 

Paul G. Summers, Attorney General and Reporter; Michelle Chapman
McIntire, Assistant Attorney General; Randall E. Nichols, District
Attorney General, for the appellee, State of Tennessee.

Judge: WITT

First Paragraph:

The petitioner, Arzolia Charles Goines, appeals the trial court's
dismissal of his petition for post-conviction relief.  The state has
filed a motion requesting that this court affirm the trial court's
denial of relief pursuant to Rule 20.  See Tenn. Ct. Crim. App. R 20.
The petition was properly dismissed as time-barred.  Accordingly, the
State's motion is granted and the judgment of the trial court is
affirmed.

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

STATE OF TENNESSEE v. JEFFREY MARTIN REAVES, ALIAS, ROLAND LEE MALLIN

Court:TCCA

Attorneys:                          

Bruce E. Poston, Knoxville, Tennessee, for the appellant, Jeffrey
Martin Reaves, alias, Roland Lee Mallin.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Kevin James Allen and Deborah J. Herron, Assistant
District Attorneys General, for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

A Knox County Criminal Court jury convicted the defendant, Jeffrey
Martin Reaves, of voluntary manslaughter, a Class C felony, attempted
reckless homicide, a Class E felony, and misdemeanor reckless
endangerment, a Class A misdemeanor, and the trial court sentenced him
as a Range II, multiple offender to an effective sentence of ten years
in the Department of Correction.  The defendant appeals, claiming that
the evidence is insufficient to support his convictions, that the
trial court erred in applying certain enhancement factors, and that it
erred in ordering consecutive sentencing.  Because attempted reckless
homicide is not a crime in Tennessee, we vacate the defendant's
conviction for that count under plain error review.  In all other
respects, we affirm the judgments of the trial court.

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

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