Opinions now available in PDF format
Beginning today, OpinionFlash is providing all opinions in PDF format.
This format is widely used on most computer platforms and the Acrobat
Reader program needed to open these files is available free. (If you
do not have the program, you can obtain it free at
http://www.adobe.com/products/acrobat/readstep2.html ). Opinions from
the Attorney General’s office have been distributed in this format for
several years.

Thanks to assistance from the Administrative Office of the Courts, we
are also adding PDF versions of all Tennessee appellate court
decisions dating back to 1995. You will be able to access these
through the OpinionSearch feature on TBALink at
http://www.tba.org/tba_search/sonar.html

We believe this upgrade will enhance your use of OpinionFlash. Please
contact us at email@tnbar.org if you have any questions.

Howard Vogel
TBALink Editor in Chief

Today's Opinions: April 12, 2005
Volume 11 — Number 068
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
00 New Opinion(s) from the Tennessee Court of Appeals
06 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 v. JOSHUA WILLIAM ALGOOD

Court:TCCA

Attorneys:                          

William Bart Highers, Gallatin, Tennessee, for the appellant, Joshua
William Algood.

Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney,
Assistant Attorney General; Lawrence Ray Whitley, District Attorney
General, and C. Ronald Blanton, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The defendant, Joshua William Algood, entered a nolo contendere plea
to aggravated burglary and theft over one thousand dollars ($1,000). 
The trial court sentenced the defendant to serve 150 days in the
county jail with the remainder of a three-year effective sentence to
be served on community corrections.  As special conditions of the
defendant's probation, the trial court ordered the defendant to have
no contact with the victims, pay restitution of two thousand five
hundred dollars ($2,500), obtain a GED, submit a DNA sample, maintain
full-time employment once out of jail and establish paternity of his
minor child and begin paying child support to the child's mother.  The
defendant appeals arguing that the trial court erred in imposing the
special conditions requiring he establish paternity of his minor child
and pay child support.  We agree with the defendant and reverse and
remand the case to the trial court for proceedings pursuant to this
opinion.

http://www.tba.org/tba_files/TCCA/2005/algoodjoshuaw.pdf

EDWIN MATTHEW BRYANT v. FLORA J. HOLLAND, WARDEN

Court:TCCA

Attorneys:                          

Edwin Matthew Bryant, Pro Se, Nashville, Tennessee.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; Victor S. (Torry) Johnson, III, District
Attorney General; Pamela Sue Anderson, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The petitioner, Edwin Matthew Bryant, appeals pro se from the Davidson
County Criminal Court's dismissal of his petition for habeas corpus
relief from his convictions for two counts of vehicular assault, a
Class D felony, and resulting sentences of four years each to be
served concurrently in the Department of Correction.  He contends that
the trial court erred in dismissing his writ of habeas corpus without
appointing counsel and that his sentences are illegal because the
trial court sentenced him to incarceration and imposed restitution and
because the trial court enhanced each of his sentences from two years
to four years without finding any applicable enhancement factors.  We
affirm the trial court's dismissal of the petition.

http://www.tba.org/tba_files/TCCA/2005/bryantedwinmat.pdf

STATE OF TENNESSEE v. TERRY WAYNE BUCKNER

Court:TCCA

Attorneys:                          

Ralph O. Frazier, Jr., Nashville, Tennessee, (on appeal); and Tony L.
Maples, Murfreesboro, Tennessee, (at trial),  for the appellant, Terry
Wayne Buckner.

Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; Charles Michael Layne, District
Attorney General; and Jason Michael Ponder, Assistant District
Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

First Paragraph:

Following a jury trial, Defendant, Terry Wayne Buckner, was convicted
of two counts of sexual battery.  Defendant was sentenced to serve one
year in confinement for each offense, with the sentences to run
concurrently with each other.  On appeal, Defendant challenges the
trial court's failure to order alternative sentencing and the trial
court's consideration of enhancement factors which were not submitted
to a jury.  After a thorough review, we modify Defendant's sentence
for each conviction to a sentence of one year of split confinement
with three months to be served in confinement and the balance to be
served on probation, with the sentences to run concurrently with each
other.

http://www.tba.org/tba_files/TCCA/2005/bucknerterryw.pdf

STATE OF TENNESSEE v. KEITH LATRELL JACKSON

Court:TCCA

Attorneys:                          

Kenneth Quillen, Nashville, Tennessee, for the Appellant, Keith
Jackson.

Paul G. Summers, Attorney General and Reporter; Richard H. Dunavant,
Assistant Attorney General; Victor S. (Torry) Johnson, III, District
Attorney General; and John Zimmerman and Christina Goodson, Assistant
District Attorneys General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

A Davidson County jury found the Defendant, Keith Latrell Jackson,
guilty of possession with the intent to sell twenty-six (26) grams or
more of a substance containing cocaine in a Drug-Free School Zone and
of possession of a firearm with the intent to employ it in the
commission of or escape from an offense.  The trial court sentenced
the Defendant to an effective sentence of thirty-six years in prison. 
On appeal, the Defendant contends that: (1) the trial court erred when
it denied his motion to suppress; (2) the evidence is insufficient to
support his convictions; (3) the trial court erred in admitting the
testimony of a surveyor pertaining to the use of GPS in determining
the distance between the location of the offense and the real property
that comprises Wharton School; and (4) the trial court erred when it
sentenced him.  After thoroughly reviewing the record and the
applicable authorities, we reverse the Defendant's conviction and
sentence for possession of a firearm with the intent to employ it in
the commission of or escape from an offense, and we affirm the
Defendant's conviction and sentence for possession with the intent to
sell twenty-six (26) grams or more of a substance containing cocaine
in a Drug-Free School Zone.

http://www.tba.org/tba_files/TCCA/2005/jacksonklatrell.pdf

STATE OF TENNESSEE v. JESSE JAMES JOHNSON

Court:TCCA

Attorneys:                          

David O. McGovern, Assistant Public Defender, Jasper, Tennessee, for
the appellant, Jesse James Johnson.

Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney,
Assistant Attorney General; J. Michael Taylor, District Attorney
General, and Steven Blount, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The appellant, Jesse James Johnson, was indicted for driving on a
revoked license, violating the Motor Vehicle Habitual Offender Act and
third offense driving on a revoked license.  At trial, the appellant's
counsel argued that the order declaring the appellant to be an
habitual traffic offender had expired as it was more than three (3)
years old.  The trial court prohibited the jury from considering the
argument.  The jury found the appellant guilty of driving on a revoked
license and violation of the Motor Vehicle Habitual Offender Act.  In
a separate phase of the trial, the trial court found the appellant
guilty of third offense driving on a revoked license.  The appellant
received a sentence of three (3) years and six (6) months for the
violation of the Motor Vehicle Habitual Offender Act and eleven (11)
months and twenty-nine (29) days for the third offense driving on a
revoked license.  After the denial of a motion for new trial, this
appeal ensued.  Despite the absence of a transcript of the hearing on
the motion for new trial, we determine that the trial court did not
abuse its discretion in prohibiting the appellant's counsel from
arguing that the order declaring the appellant to be an habitual motor
vehicle offender had expired.

http://www.tba.org/tba_files/TCCA/2005/johnsonjamesj.pdf

STATE OF TENNESSEE V. LORETTA A . WRIGHT

Court:TCCA

Attorneys:                          

Tracey Robinson-Coffee, Nashville, Tennessee, for the Appellant,
Loretta Wright.

Paul G. Summers, Attorney General and Reporter; Michael Markham,
Assistant Attorney General; Ronald L. Davis, District Attorney
General; and Mary Katharine White, Assistant District Attorney
General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

A Williamson County Grand Jury indicted the Defendant, Loretta A.
Wright, for one count of misdemeanor child abuse.  The Defendant pled
guilty, and the trial court sentenced the Defendant to serve eleven
months and twenty-nine days.  On appeal, the Defendant contends that
the trial court's sentence is excessive.  After thoroughly reviewing
the record and the applicable authorities, we affirm the Defendant's
sentence

http://www.tba.org/tba_files/TCCA/2005/wrightlorettaa.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 intrsuctions at the beginning of this edition of Opinion Flash.

JOIN THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!
But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi

TBALink HomeContact UsPageFinderWhat's NewHelp

© Copyright 2005 Tennessee Bar Association