Opinion Flash; 05/13/2005


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Today's Opinions: May 13, 2005 Volume 11 — Number 091 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
03	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

DOUGLAS L. BROWN v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Douglas L. Brown, Pikeville, Tennessee, pro se.

Paul G.Summers, Attorney General &Reporter; Renee W.Turner, Assistant
Attorney General; and James Michael Taylor, District Attorney General,
for the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

The petitioner, Douglas L. Brown, has appealed from the Bledsoe County
Circuit Court's dismissal of his petition for habeas corpus relief.
The petition attacked the petitioner's two 1998, Davidson County,
guilty-pleaded convictions of rape of a child. The state has moved the
court pursuant to Rule 20 of this court's rules to summarily affirm
the judgment of the habeas corpus court. We sustain the motion and
affirm the judgment.

http://www.tba.org/tba_files/TCCA/2005/brownd51305.pdf

PRENTISS PHILLIPS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Juni S. Ganguli, Memphis, Tennessee, for the appellant, Prentiss
Phillips.

Paul G. Summers, Attorney General & Reporter; Seth P. Kestner,
Assistant Attorney General; and David Zak, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The petitioner, Prentiss Phillips, appeals the denial of his petition
for post-conviction relief. The single issue presented for review is
whether the petitioner was denied the effective assistance of counsel
at trial. The judgment is affirmed.

http://www.tba.org/tba_files/TCCA/2005/phillipsp51305.pdf

STATE OF TENNESSEE v. DAVID JAMES WILEY

Court:TCCA

Attorneys:                          

Daniel J. Ripper, Chattanooga, Tennessee, for the appellant, David
James Wiley.

Paul G. Summers, Attorney General and Reporter; William G. Lamberth,
II, Assistant Attorney General; WilliamH.Cox,III, District Attorney
General; and Lila Statom, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, David James Wiley, pled guilty in the Hamilton County
Criminal Court to arson and received a probationary sentence of six
years. Subsequently, the trial court revoked the appellant's
probation. The appellant now appeals, contesting the trial court's
evidentiary rulings during the revocation hearing and the sufficiency
of the evidence supporting the revocation. Upon our review of the
record and the parties' briefs, we reverse the judgment of the trial
court and remand for a new hearing.

http://www.tba.org/tba_files/TCCA/2005/wileyd51305.pdf

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