TBA YLD Presents 19th Annual Trial Practice Seminar
March 2 - Jackson
March 3 - Nashville
March 4 - Knoxville
March 4 - Kingsport

The TBA's Young Lawyers Division is again offering its basic program
covering key areas in state and federal litigation. This seminar
provides practical information on all aspects of jury and bench trials
from voir dire to closing arguments. Learn from experienced trial
practitioners from the local area as they share their insights
valuable to attorneys preparing for their first or their thousandth
trial.

Today's Opinions: March 1, 2005
Volume 11 — Number 039
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
16 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_022805.wpd

KENNETH I. CAMPBELL v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

David M. Hopkins, Nashville, Tennessee, for the appellant, Kenneth
Campbell.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore,
Solicitor General; Jennifer L. Bledsoe, Assistant Attorney General;
Victor S. Johnson, III, District Attorney General; and Michael D.
Rohling, Assistant District Attorney General, for the appellee, State
of Tennessee.

Judge: GLENN

First Paragraph:

The petitioner, Kenneth I. Campbell, was convicted of first degree
murder and theft of property and received an effective sentence of
life imprisonment.  He later sought both direct and post-conviction
appeals, both of which were denied by this court.  Subsequently, he
filed a petition for post-conviction relief based on the
Post-Conviction DNA Analysis Act of 2001, which was dismissed.  He
appeals that dismissal, arguing that the post-conviction court erred
in dismissing the petition without ordering DNA testing on a bullet
introduced at the petitioner's trial.  Following our review, we affirm
the post-conviction court's dismissal of the petition.

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

PAUL TOBIAS DAVIS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Paul Tobias Davis, Pro Se, Whiteville, Tennessee.

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

Judge: SMITH

First Paragraph:

This matter is before the Court upon the State's motion to affirm the
judgment of the trial court by memorandum opinion pursuant to Rule 20,
Rules of the Court of Criminal Appeals.  The petitioner, Paul Tobias
Davis, has appealed the trial court's order summarily dismissing his
"Petition for Pretrial Jail Credit And/or Petition for a Writ of
Certiorari."  In that petition, the petitioner challenges the
calculation of his sentencing credits during his incarceration in the
Davidson County Jail from July 8, 2001, until April 17, 2002.  Upon a
review of the record in this case we are persuaded that the trial
court was correct in summarily dismissing the petition and that this
case meets the criteria for affirmance pursuant to Rule 20, Rules of
the Court of Criminal Appeals. Accordingly, the State's motion is
granted and the judgment of the trial court is affirmed.

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

PAUL K. FLANNIGAN v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Paul K. Flannigan, South Central Correctional Facility, Clifton,
Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Michael Markham,
Assistant Attorney General; William L. Gibbons, District Attorney
General; Paul Hagerman, Paul Goodman, and Michael McCusker, Assistant
District Attorneys General, for the appellant, State of Tennessee.

Judge: MCLIN

First Paragraph:

The petitioner, Paul K. Flannigan, appeals pro se from the order of
the Shelby County Criminal Court denying his petition for
post-conviction relief.  The trial court dismissed the petition for
failure to state a colorable claim.  On appeal, the petitioner asserts
that his judgments, indictments, and jury verdicts are invalid.  He
further argues that the trial judge and district attorney have acted
improperly.  Finding no merit in this appeal, we affirm the judgment
of the trial court.

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

KEVIN TROY GREER v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Dwight E. Scott, Nashville, Tennessee, for the Appellant, Kevin Troy
Greer.

Paul G. Summers, Attorney General & Reporter; Preston Shipp, Assistant
Attorney General; Victor S. Johnson, III, District Attorney General;
and Ryan Brown, Assistant District Attorney General, for the Appellee,
State of Tennessee.

Judge: WITT

First Paragraph:

The petitioner, Kevin Troy Greer, appeals the dismissal by the
Davidson County Criminal Court of his petition for post-conviction
relief and request for a delayed appeal.  After review of the record,
we affirm.

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

STATE OF TENNESSEE v. PATRICK HARRIS

Court:TCCA

Attorneys:                          

Robert Wilson Jones, District Public Defender; W. Mark Ward, Assistant
District Public Defender (on appeal); and Kindle Nance and Karen
Massey, Assistant District Public Defenders (at trial), for the
Appellant, Patrick Harris.

Paul G. Summers, Attorney General & Reporter; Seth P. Kestner,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Jerry Harris and Paul Hagerman, Assistant District
Attorneys General, for the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

The defendant, Patrick Harris, was convicted by a Shelby County jury
of first degree murder.  In this appeal, he insists that he acted in
self-defense and that the evidence is legally insufficient to support
his conviction.  Finding that the evidence is sufficient and that it
entitled the jury to reject the defendant's claim of self-defense, we
affirm the defendant's conviction.

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

MICHAEL HOLMAN v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Karla D. Ogle, Fayetteville, Tennessee, for the appellant, Michael
Holman.

Paul G. Summers, Attorney General and Reporter; Rachel E. Willis,
Assistant Attorney General; William Michael McCown, District Attorney
General; and Weakley E. Barnard, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The petitioner, Michael Holman, appeals the Marshall County Circuit
Court's denial of his petition for post-conviction relief from his
conviction of possession of one-half gram or more of cocaine with
intent to deliver and sentence of twenty years.  This court affirmed
the judgment of conviction.  See State v. Michael Andrae Holman,
M2002-01471-CCA-R3-CD, Marshall County (Tenn. Crim. App. July 23,
2003).  The petitioner claims that he received the ineffective
assistance of counsel because his trial attorney failed (1) to
interview and subpoena witnesses adequately; (2) to obtain phone
records and motel documents; (3) to contact witnesses who could
provide the petitioner with an alibi defense; (4) to cross-examine the
informant and co-defendant thoroughly; (5) to argue sufficiently that
the petitioner could not have been in constructive possession of the
drugs found; and (6) to prepare adequately for trial.  We affirm the
judgment of the trial court.

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

STATE OF TENNESSEE v. RICHARD P. HOLT

Court:TCCA

Attorneys:                          

Keith S. Smartt, McMinnville, Tennessee, for the appellant, Richard P.
Holt.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Dale Potter, District Attorney General;
and Larry Bryant, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Defendant, Richard P. Holt, pled guilty to various drug related
felonies in four separate cases, and he was placed on community
corrections, and then transferred to supervised probation for a period
of eight years.  Subsequently, a probation violation warrant was
issued because the Defendant left the state without permission, and
the Defendant was indicted and arrested for theft of property valued
over $500.00.  After a hearing, the trial court revoked the
Defendant's probation and ordered the Defendant to serve the remainder
of his sentences in prison.  The Defendant now appeals, contending
that: (1) the evidence is insufficient to revoke the Defendant's
probation; and (2) the trial court erred in ordering the Defendant to
serve the remainder of his sentence in prison.  Finding no error, we
affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. GEORGE LEBRON JOHNSON

Court:TCCA

Attorneys:                          

Melanie R. Snipes, Chattanooga, Tennessee, for the Appellant, George
Lebron Johnson.

Paul G. Summers, Attorney General & Reporter; Renee W. Turner,
Assistant Attorney General; William H. Cox, III, District Attorney
General; and Lila Statom, Assistant District Attorney General, for the
Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

The Hamilton County Criminal Court Grand Jury indicted the defendant,
George Lebron Johnson, on two counts of attempt to commit first degree
murder.  He entered into an agreement with the state to plead guilty
to two counts of aggravated assault in exchange for concurrent
six-year, Range I sentences.  The agreement provided that the trial
court would determine the manner of service of the effective six-year
sentence.  On January 9, 2004, the trial court ordered him to serve
the effective sentence in confinement.  On February 6, 2004, the
defendant moved the court to allow him to withdraw his guilty pleas
and for a new trial on the issue of the manner of service of his
sentences.  The trial court denied both motions, and the defendant has
appealed.  We affirm the judgments of the trial court.

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

STATE OF TENNESSEE v. DAVID HOPKINS PLEMONS, JR.

Court:TCCA

Attorneys:                          

Robert L. Marlow, Shelbyville, Tennessee, for the appellant, David
Hopkins Plemons, Jr.

Paul G. Summers, Attorney General and Reporter; Preston Shipp,
Assistant Attorney General; W. Michael McCown, District Attorney
General; Weakley E. Barnard, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

A Marshall County jury convicted the Defendant, David Hopkins Plemons,
Jr., of second degree murder, and the trial court sentenced him to
nineteen years in prison.  On appeal, the Defendant contends that: (1)
the evidence is insufficient to sustain his conviction because he
acted in self-defense when he killed the victim; and (2) the trial
court erred when it sentenced him.  After thoroughly reviewing the
record and the applicable authorities, we affirm the Defendant's
conviction and sentence.

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

STATE OF TENNESSEE v. ANNETTE REYNOLDS

Court:TCCA

Attorneys:                          

William J. Eledge, Lawrenceburg, Tennessee, for the appellant, Annette
Reynolds.

Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney,
Assistant Attorney General; and Beverly White and Patrick Butler,
Assistant District Attorneys General, for the appellee, State of
Tennessee.

Judge: WADE

First Paragraph:

The defendant, Annette Reynolds, was convicted of facilitation of
possession of cocaine for resale, a Class C felony, and possession of
drug paraphernalia, a Class A misdemeanor.  The trial court sentenced
the defendant as a career offender to concurrent sentences of fifteen
years and eleven months, twenty-nine days, respectively.  In this
appeal of right, the defendant challenges the sufficiency of the
evidence and contends that there was prosecutorial misconduct during
closing argument.  She also claims that the trial court made several
errors:  by denying discovery regarding the identity of the
confidential informant whose information led to the search warrant for
her residence; by denying her motion to suppress the evidence seized
during the search; by admitting the presentence report at sentencing;
and by sentencing her as a career offender.  The judgments of the
trial court are affirmed.

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

STATE OF TENNESSEE v. MELISSA A. SIMMONS

Court:TCCA

Attorneys:                          

William A. Cameron, Cookeville, Tennessee, for the appellant, Melissa
A. Simmons.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; William Edward Gibson, District Attorney
General; and Thomas Tansil, Assistant District Attorney General, for
the appellee, the State of Tennessee.

Judge: WOODALL

First Paragraph:

The Defendant, Melissa Simmons, pled guilty to driving under the
influence, first offense, a Class A misdemeanor.  As part of the plea
agreement, she intended to reserve the right to appeal a certified
question of law pursuant to Tennessee Rule of Criminal Procedure
37(b)(2)(i).  Because the judgment form failed to comply with the
strict requirements of Rule 37(b)(2), Defendant did not properly
reserve a certified issue for review.  As a result, we are without
jurisdiction to review the merits of Defendant's claim, and
accordingly dismiss her appeal.

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

STATE OF TENNESSEE v. STEVE SKINNER

Court:TCCA

Attorneys:                          

Charles E. Waldman, Memphis, Tennessee, for the appellant, Steve
Skinner.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; Williams L. Gibbons, District Attorney
General; Robert Carter, and Jennifer Nichols, Assistant District
Attorneys General, for the appellee, State of Tennessee.

Judge: MCLIN

First Paragraph:

The defendant, Steven Skinner, was convicted by jury of two counts of
first degree premeditated murder for which he received consecutive
sentences of life imprisonment with the possibility of parole.   On
appeal, he contends that (1) the evidence is insufficient to sustain
his convictions because there is no proof connecting him to the crimes
other than uncorroborated accomplice testimony, and (2) the trial
court erred in sentencing the defendant to two consecutive life
sentences.  Upon review of the record and the parties' briefs, we
affirm the judgments of the trial court.

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

DESHAUN FLY SMITH v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Mark E. Chapman, Nashville, Tennessee, for the appellant, Deshaun Fly
Smith.

Paul G. Summers, Attorney General and Reporter; David E. Coenen,
Assistant Attorney General;  Victor S. (Torry) Johnson, III, District
Attorney General; and Tom Thurman, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

On appeal, the petitioner avers that the post-conviction court erred
in:  (1) failing to rule on post-conviction counsel's motion to
withdraw prior to ruling on the post-conviction petition; (2)
dismissing the petition summarily; and (3) dismissing the
post-conviction petition in an untimely manner.  Upon review, we
conclude that the post-conviction court properly dismissed the
petition without an evidentiary hearing and that the delay in the
disposition of the petition did not prejudice the petitioner.  We
affirm the denial of post-conviction relief.

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

JESSE DAVID TEASLEY v. STATE OF TENNESSEE 

Court:TCCA

Attorneys:                          

Jesse David Teasley, Wartburg, Tennessee, pro se. 

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

Judge: TIPTON

First Paragraph:

The petitioner, Jesse David Teasley, appeals the trial court's denial
of his motion to withdraw his guilty plea,  request for writ of error
coram nobis, and petition for post-conviction relief.  The state has
filed a motion requesting that this Court affirm the trial court's
action pursuant to Rule 20, Rules of the Court of Criminal Appeals.
The trial court properly denied relief as the pleadings were untimely
filed and without merit.  Accordingly, the judgment of the trial court
is affirmed.

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

JAVVOR THOMAS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Gerald L. Gulley, Jr., Knoxville, Tennessee, for the appellant, Javvor
Thomas.

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

Judge: GLENN

First Paragraph:

The petitioner appeals the dismissal of his petition for
post-conviction relief from his conviction for second degree murder,
arguing that the post-conviction court erred in finding that he
received effective assistance of trial counsel.  Following our review,
we affirm the dismissal of the petition.

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

THOMAS M. TUCKER v. FLORA J. HOLLAND, WARDEN

Court:TCCA

Attorneys:                          

Thomas M. Tucker, Nashville, Tennessee, pro se. 

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; and Kathy Morante, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Petitioner, Thomas M. Tucker, filed a petition for writ of habeas
corpus seeking relief from an allegedly void judgment, which the trial
court dismissed without a hearing.  On appeal, the Petitioner contends
that the habeas corpus court erred when it dismissed his petition. 
Finding no error in the judgment of the habeas corpus court, we affirm
its dismissal of the Petitioner's petition for habeas corpus relief.

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

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