TBA YLD Presents: Who's Your Client (And Other Ethical Dilemmas)
March 29 - Memphis
March 30 - Nashville
March 21 - Knoxville

This fast-paced, three-hour ethics CLE includes presentations on
conflicts of interest and other issues relating to the representation
of elderly clients and conflicts of interest and other issues relating
to the representation of both large corporations and small businesses,
including family-owned and other closely-held corporations and their
principals.
It will also include a one-hour segment dealing with ethics in
mediation, covering topics relating to both the mediator and the
parties in mediation. Finally, it will include a short segment on the
proposed changes to the disciplinary reporting requirements and the
fee dispute rules.

Today's Opinions: February 14, 2005
Volume 11 — Number 029
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
04 New Opinion(s) from the Tennessee Court of Appeals
14 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


SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_021405.wpd

CONCHITA DARLENE WALKER BOWLING (WILLARD) v. DARRYL RAY BOWLING

Court:TCA

Attorneys:                          

Steve Merritt, Maryville, Tennessee, for appellant.

Conchita Darlene Walker Bowling (Willard), pro se

Judge: FRANKS

First Paragraph:

In this post-divorce action, the father appeals from the Trial Court's
Order requiring the father to reimburse one-half of the college
expenses paid by the mother, pursuant to an agreement in MDA signed by
the parties.  The Trial Court also ordered the father to pay the
mother's attorney's fees, and held the father in contempt.  On appeal,
we affirm the Judgment against the father for one-half of the college
expenses, but reverse the finding of contempt and the Order for
attorney's fees.

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

KANTA KEITH, DARLENE KEITH, WALTER JACKSON, and THOMAS A. SNAPP,
Personal Representative of the Estate of Darlene Keith v. GENE ERVIN
HOWERTON and EASY MONEY, INC.

Court:TCA

Attorneys:                          

Donald K. Vowell and Elizabth K. Johnson, Knoxville, Tennessee, for
Appellants.

Craig L. Garrett, Maryville, Tennessee, for Appellees.

Judge: FRANKS

First Paragraph:

The Trial Court awarded plaintiffs' attorneys fees pursuant to the
Consumer Protection Act.  On appeal we modify by increasing the award
of fees.

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

OTIS LAWRENCE STITT, III v. TOI LATISE STITT

Court:TCA

Attorneys:                          

R. Price Nimmo, Nashville, Tennessee, for the appellant, Otis Lawrence
Stitt, III.

Yvette Y. Cain, Nashville, Tennessee, for the appellee, Toi Latise
Stitt.

Judge: KOCH

First Paragraph:

This appeal involves a dispute over a periodic long-term spousal
support award.  Following a twelve-year marriage, both parties
requested a divorce from the Circuit Court for Davidson County.  The
trial court conducted a bench trial and declared the parties divorced.
 The court also ordered the husband to pay the wife $350 per month in
spousal support until her death or remarriage.  The husband takes
issue on this appeal with the spousal support award.  We have
determined that the wife is not entitled to long-term spousal support
but is entitled to $350 per month in transitional support for three
years.

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

STATE OF TENNESSEE v. TRAVIS THOMPSON, et al.

Court:TCA

Attorneys:                          

Paul G. Summers, Attorney General and Reporter, and Russell T.
Perkins, Deputy Attorney General, Nashville, Tennessee, for Appellant,
the State of Tennessee.

William B. Jakes, III, Nashville, Tennessee, for Appellees.

Judge: FRANKS

First Paragraph:

On remand of the first appeal of this case, the Trial Court awarded
additional attorney's fees, pursuant to Tenn. Code Ann. S 29-37-101 et
seq, and post-judgment interest pursuant to Tenn. Code Ann. S
47-14-122. On appeal, we hold the statutory cap set forth in Tenn.
Code Ann. S 29-37-101(a)(1) was reached by the initial Judgment. 
Consequently, the awards made on remand are reversed..

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

STATE OF TENNESSEE v. TIMOTHY RYAN BAGGETT
CORRECTION TO OPINION ISSUED 1/5/2005

Court:TCCA

First Paragraph:

614 (Tenn. 2003).  In addition, there was very persuasive DNA
evidence.  Special Agent Bash testified that she found semen on the
crotch of the victim's overalls.  There was a six million to one
probability that the DNA contained in this sample was the defendant's.
 We determine that the B.T.'s testimony coupled with the DNA evidence
supports the jury's conclusion that the defendant was guilty of rape.

CORRECTION MEMO
http://www.tba.org/tba_files/TCCA/baggetttimontyr_cor.wpd

STATE OF TENNESSEE v. ROBERT SANFORD BARNES

Court:TCCA

Attorneys:                          

Gary F. Antrican, Somerville, Tennessee, for the appellant, Robert
Sanford Barnes.

Paul G. Summers, Attorney General and Reporter; Preston Shipp,
Assistant Attorney General; Elizabeth T. Rice, District Attorney
General; and Tracey A. Brewer, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

A Lauderdale County jury convicted the Defendant, Robert Sanford
Barnes, of reckless endangerment, attempted rape, robbery, aggravated
burglary, and assault.  The trial court sentenced the Defendant, as a
career offender, to an effective sentence of forty-five years for the
felony convictions, plus consecutive sentences of eleven months and
twenty-nine days for each of the two misdemeanor convictions.  On
appeal, the Defendant contends that: (1) the evidence is insufficient
to sustain any of his five convictions; (2) the trial court improperly
classified the Defendant as a career offender; and (3) the trial court
erred when it ordered that the Defendant's sentences run
consecutively.  Finding no reversible error, we affirm the judgments
of the trial court.

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

WILLIE CLAYBROOK v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Willie Claybrook, pro se.

Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe,
Assistant Attorney General, for the appellee, State of  Tennessee.

Judge: HAYES

First Paragraph:

The Petitioner, Willie Claybrook, appeals the trial court's denial of
his petition for habeas corpus relief.  The State has filed a motion
requesting that this Court affirm the trial court's denial of relief
pursuant to Rule 20, Rules of the Court of Criminal Appeals.  The
Petitioner has not responded to the State's motion.  It appears from
the record before us that the notice of appeal was not timely filed
and this Court cannot conclude that justice requires that this Court
waive the timely filing requirement.  Accordingly, the State's motion
is granted and the above-captioned appeal is dismissed.

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

PERRY FRANKS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

M. Wallace Coleman, Lawrenceburg, Tennessee, for the appellant, Perry
Franks.

Paul G. Summers, Attorney General and Reporter; Seth P. Kestner,
Assistant Attorney General; Mike Bottoms, District Attorney General;
and J. Douglas Dicus, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant, Perry Franks, pled guilty pursuant to a "best interest"
plea to one count of aggravated rape and one count of especially
aggravated kidnapping.  The plea agreement provided that the Defendant
would receive a Range I sentence of fifteen years for each offense, to
run concurrently.  The Defendant subsequently filed for
post-conviction relief, alleging that his lawyer was ineffective and
that his dual convictions violate due process under State v. Anthony,
817 S.W.2d 299 (Tenn. 1991).  After a hearing, the trial court denied
relief.  We affirm the judgment of the trial court.

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

MICHAEL K. KENNEDY v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Michael K. Kennedy, pro se.

Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe,
Assistant Attorney General, for the appellee, State of  Tennessee.

Judge: GLENN

First Paragraph:

The Petitioner, Michael K. Kennedy, appeals the trial court's denial
of his petition for habeas corpus relief.  The State has filed a
motion requesting that this Court affirm the trial court's denial of
relief pursuant to Rule 20, Rules of the Court of Criminal Appeals.  
It appears from the record before us that the notice of appeal was not
timely filed and this Court cannot conclude that justice requires that
this Court waive the timely filing requirement.  Accordingly, the
State's motion is granted and the above-captioned appeal is dismissed.

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

VINSON D. MASON v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Michael A. Colavecchio, Nashville, Tennessee, for the appellant,
Vinson D. Mason.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Amy H. Eisenbeck, Assistant District Attorney, for the
appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The petitioner, Vinson D. Mason, pled guilty in the Davidson County
Criminal Court to second degree murder and received a sentence of
eighteen years incarceration in the Tennessee Department of
Correction.  Subsequently, the petitioner filed a petition for
post-conviction relief, alleging that he received the ineffective
assistance of counsel.  The post-conviction court denied the petition,
and the petitioner now appeals.  Upon our review of the record and the
parties' briefs, we affirm the judgment of the post-conviction court

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

DARVELL S. OWENS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Darvell S. Owens, pro se.

Paul G. Summers, Attorney General & Reporter; Michael Markham,
Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The Petitioner, Darvell S. Owens, appeals the trial court's denial of
his petition for habeas corpus relief.  The State has filed a motion
requesting that this Court affirm the trial court's denial of relief
pursuant to Rule 20, Rules of the Court of Criminal Appeals.  Because
Petitioner has failed to satisfy the procedural requirements of the
habeas corpus statutes, we grant the State's motion and affirm the
judgment of the lower court.

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

STATE OF TENNESSEE v. TIMOTHY MAURICE REYNOLDS

Court:TCCA

Attorneys:                          

Claudia S. Jack, District Public Defender, and Robert H. Stovall, Jr.,
Assistant Public Defender, for the appellant, Timothy Maurice
Reynolds.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; T. Michael Bottoms, District Attorney
General; and Patrick S. Butler, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The defendant was convicted of aggravated robbery, a Class B felony,
and sentenced as a Range I, standard offender to eight years in the
Tennessee Department of Correction ("TDOC").  On appeal, he asserts
the trial court should have given him pretrial jail credit for time
served in federal prison on an unrelated federal conviction. 
Following our review, we affirm the sentence but remand for entry of a
corrected judgment.

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

STATE OF TENNESSEE v. COLIA LOUIS STREETER

Court:TCCA

Attorneys:                          

Gregory D. Smith, Clarksville, Tennessee, (on appeal), and Donna Leigh
Hargrove, District Public Defender; and A. Jackson Dearing, III,
Assistant District Public Defender, (at trial), for the appellant,
Colia Louis Streeter.

Paul G. Summers, Attorney General and Reporter; Preston Shipp,
Assistant Attorney General, and William Michael McCown, District
Attorney General; Ann L. Filer, Assistant District Attorney General;
and Michael D. Randles, Assistant District Attorney General, for the
appellee, the State of Tennessee

Judge: WOODALL

First Paragraph:

Following a jury trial, Defendant, Colia Louis Streeter, was convicted
of one count of the sale of 0.5 grams or more of cocaine, a Class B
felony, and one count of delivery of 0.5 grams or more of cocaine, a
Class B felony.  The trial court merged Defendant's conviction in
count two into his conviction in count one, and sentenced Defendant to
twelve years as a Range I, standard offender.  In his sole issue on
appeal, Defendant argues that the evidence was insufficient to support
his conviction, and that, at most, the transaction constituted a
casual exchange of cocaine rather than an unlawful sale.  After a
thorough review of the record, we affirm the judgment of the trial
court.

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

STATE OF TENNESSEE v. JAMES GARY TURNER

Court:TCCA

Attorneys:                          

Gregory D. Smith, Clarksville, Tennessee (on appeal), and Michael J.
Collins, Assistant Public Defender, Shelbyville, Tennessee (at trial
and on appeal), for the appellant, James Gary Turner.

Paul G. Summers, Attorney General and Reporter; Michelle Chapman
McIntire, Assistant Attorney General; William Michael McCown, District
Attorney General; and Michael D. Randles, Assistant District Attorney
General, for the appellee, State of Tennessee

Judge: GLENN

First Paragraph:

The defendant, James Gary Turner, was indicted for reckless
endangerment, felony evading arrest with risk of death or injury, and
driving on a revoked license, fourth offense.  The State subsequently
dismissed the reckless endangerment charge, and the defendant pled
guilty to driving on a revoked license, fourth offense, a Class A
misdemeanor, and was convicted by a Bedford County Circuit Court jury
of felony evading arrest with risk of death or injury, a Class D
felony.  At the conclusion of the sentencing hearing, the trial court
sentenced the defendant as a Range II, multiple offender to concurrent
terms of eight years for the felony evading arrest conviction and one
year for the driving on a revoked license conviction, to be served
consecutively to his federal sentence for a prior conviction.  On
appeal, the defendant argues that the evidence is insufficient to
sustain his Class D felony evading arrest conviction; the trial court
erred in sentencing him to one year for the misdemeanor conviction;
and the trial court imposed an excessive sentence for the felony
evading arrest conviction.  Following our review, we affirm the
judgments of the trial court.

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

REGINOL L. WATERS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Reginol L. Waters, Whiteville, Tennessee, pro se.

Paul G. Summers, Attorney General & Reporter; Michael Markham,
Assistant Attorney General; and Brian Holmgren, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The petitioner, Reginol L. Waters, appeals the trial court's summary
dismissal of his request for post-conviction DNA analysis.  See Tenn.
Code Ann. SS 40-30-301 through 40-30-313.  The judgment of the trial
court is affirmed.

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

STATE OF TENNESSEE v. DAVID SEVER WATKINS

Court:TCCA

Attorneys:                          

David N. Brady, District Public Defender; Joe L. Finley, Jr. and John
B. Nisbet, III, Assistant Public Defenders, for the appellant, David
Sever Watkins.

Paul G. Summers, Attorney General and Reporter; Richard H. Dunavant,
Assistant Attorney General; William E. Gibson, District Attorney
General; and John A. Moore, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The defendant, David Sever Watkins,  was convicted by a White County
jury of sale of .5 grams or more of a Schedule II controlled
substance, cocaine, and was sentenced as a Range I, standard offender
to ten years in the Department of Correction.  On appeal, he asserts:
(1) the evidence was insufficient to sustain his conviction; and (2)
the trial court erred in imposing a ten-year sentence.  Following our
review, we affirm the conviction and the sentence.

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

STATE OF TENNESSEE v. LEMAR J. WHITE

Court:TCCA

Attorneys:                          

Robert Wilson Jones, Chief Public Defender; Tony N. Brayton, Assistant
Public Defender (on appeal); Larry Nance and Dianne Thackery,
Assistant Public Defenders (at trial), Memphis, Tennessee, for the
Appellant, Lemar J. White.

Paul G. Summers, Attorney General and Reporter; Rachel E. Willis,
Assistant Attorney General; William L. Gibbons, District Attorney
General; Tom Hoover and Gail Vermaas, Assistant District Attorneys
General, for the Appellee, State of Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Lemar J. White, was convicted by a Shelby County jury
of first degree premeditated murder and sentenced to a term of life
imprisonment.  On appeal, White raises the single issue of sufficiency
of the evidence.  Specifically, he challenges the proof with regard to
the element of premeditation.  After review of the record, we find the
evidence sufficient to support the verdict and affirm the judgment of
conviction.

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

WILLIAM YELTON v. DAVID MILLS, WARDEN & STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Susanne Bales, Knoxville, Tennessee, for the appellant, William
Yelton.

Paul G. Summers, Attorney General & Reporter; Seth P. Kestner,
Assistant Attorney General; J. Scott McCluen, District Attorney
General; and Roger Delp, Assistant District Attorney, for the
appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

In 1992, the petitioner, William T. Yelton, was found guilty by a jury
of theft of property, two counts of coercion of a witness, fabricating
evidence and harassment.  As a result, he was sentenced to an
effective twenty-one-year sentence.  After his convictions in
Tennessee, the petitioner was sent to Alabama presumably to serve time
on a life sentence from which he had previously been paroled in that
state.  Six years later, the petitioner was returned to prison in
Tennessee.  In 2001, he filed a pro se petition for habeas corpus
relief alleging that he was unlawfully detained on an expired/pardoned
sentence.  The petitioner filed a second petition in January of 2004. 
The trial court denied the second petition after an evidentiary
hearing.  On appeal, the petitioner challenges the trial court's
denial of the petition for habeas corpus relief.

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

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