Knoxville to host 124th Annual TBA Convention
Reel Justice is the theme for this year's TBA convention and attendees
can expect to receive the red carpet treatment when they sign up. Here
are some of the highlights:

-- Top quality CLE programming, including a look at legal themes in
popular movies by ethics experts Lucian Pera and Sarah Sheppeard,
entertainment lawyer Dorothy Campbell and moderator Don Paine.

-- Attorney and legal affairs writer Mark Curriden headlining the
annual Bench/Bar program.

-- A night of fun, food and entertainment at the fabulous Tennessee
Theatre, just open following a $23 million renovation that has
restored it to its former grandeur.

Today's Opinions: May 26, 2005
Volume 11 — Number 100
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.
02 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
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


LILLIAN E. GRIFFIS, ET AL. v. DAVIDSON COUNTY METROPOLITAN GOVERNMENT
d/b/a DAVIDSON COUNTY BOARD OF EDUCATION
CORRECTED OPINION WITH ORDER

Court:TSC

Attorneys:                          

Karl F. Dean, J. Brooks Fox, and John L. Kennedy, Nashville,
Tennessee, for the appellant Metropolitan Government of Nashville and
Davidson County.

John W. Barringer, Jr. and Justin D. Wear, Nashville, Tennessee, for
the appellees Lillian E. Griffis, Nellie Wheeler, and Audrey Griffis.

Randall G. Bennett and Vickie P. Hall, Nashville, Tennessee, for
amicus curiae Tennessee School Boards Association.

Judge: DROWOTA

First Paragraph:

In 1908, a fee simple determinable estate in real property was
conveyed to the Davidson County Board of Education and its successors
("Metro"). The deed required the property to be used "for school
purposes" and to be "devoted exclusively to the cause of education."
The deed further provided that the property would revert to the
grantors or their heirs should the property be "abandoned" for these
purposes. In July 2000, the defendant Metro ceased using the property
for classroom instruction and administration but continued to maintain
the property, to use it to store surplus food service equipment, and
to hold it in reserve for possible use in the indefinite future. In
April 2001, heirs of the grantors brought suit against Metro, claiming
that the property had been abandoned for school purposes, thereby
triggering reversion to them. Concluding that there had been no
abandonment, the trial court granted summary judgment in favor of
Metro. However, the Court of Appeals concluded that the limitations
"for school purposes" and the "cause of education" are satisfied
solely by classroom instruction. The Court of Appeals thus not only
held that Metro had abandoned the property for these limitations, but
also granted summary judgment in favor of the nonmovants, the heirs of
the grantors. We vacate the Court of Appeals' holding that "school
purposes" and the "cause of education" require classroom instruction
alone. We hold that these limitations permit any use that directly
benefits and enhances the process of learning and instruction or that
directly advances the objective of instructing, training, and rearing.
Further, we hold that in a fee simple determinable where the term
"abandon" is not otherwise defined, the common law definition of
abandonment applies; a complainant therefore must show both intent to
abandon for the stated limitations and some external act or omission
by which the intent to abandon is effectuated. Whether abandonment has
occurred is predominantly a factual determination based upon all the
relevant circumstances. In the proceedings below, the parties lacked
the benefit of our holding today concerning the legal standard for
abandonment; consequently, the factual record relevant to this
standard has not been sufficiently developed. We thus vacate both the
Court of Appeals' grant of summary judgment in favor of the plaintiffs
and the trial court's grant of summary judgment in favor of the
defendant. We remand this case to the trial court to allow the parties
the opportunity to litigate the case in accord with the legal standard
adopted herein.

CORRECTED OPINION
http://www.tba.org/tba_files/TSC/2005/griffisl52605.pdf

ORDER
http://www.tba.org/tba_files/TSC/2005/griffisl_ord52605.pdf

STATE OF TENNESSEE v. PAUL DENNIS REID, JR.
CORRECTED OPINION

Court:TSC

Attorneys:                          

James A. Simmons and Thomas F. Bloom, Nashville, Tennessee, for the
Appellant, Paul Dennis Reid, Jr.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore,
Solicitor General; Jennifer L. Smith, Associate Deputy Attorney
General; John W. Carney, Jr., District Attorney General; and Arthur F.
Bieber, Assistant District Attorney General, for the Appellee, State
of Tennessee.

Judge: ANDERSON

First Paragraph:

The defendant, Paul Dennis Reid, Jr., was convicted of two counts of
premeditated first degree murder, two counts of especially aggravated
kidnapping, and one count of especially aggravated robbery. In
imposing a death sentence for each count of first degree murder, the
jury found three aggravating circumstances, i.e., that the defendant
was previously convicted of one or more felonies whose statutory
elements involved the use of violence to the person, that the murders
were especially heinous, atrocious or cruel in that they involved
torture or serious physical abuse beyond that necessary to produce
death, and that the murders were committed for the purpose of
avoiding, interfering with, or preventing a lawful arrest or
prosecution of the defendant or another, had been proven beyond a
reasonable doubt. Tenn. Code Ann. B 39-13-204(i)(2), (5), (6) (2003).
In addition, the jury found that the evidence of aggravating
circumstances outweighed evidence of mitigating circumstances beyond a
reasonable doubt. Tenn. Code Ann. B 39-13-204(c) (2003). The Court of
Criminal Appeals affirmed the convictions and the death sentences.

CORRECTED OPINION
http://www.tba.org/tba_files/TSC/2005/reidp52605.pdf

STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES v. AMANDA
HARDIN, ET AL.

Court:TCA

Attorneys:                          

Michael U. King of Huntingdon for Appellant, Steven T Kelley

Paul G. Summers, Attorney General and Reporter; William A. Tillner,
Assistant Attorney General, for Appellee, State of Tennessee,
Department of Children's Services

Judge: CRAWFORD

First Paragraph:

This is a termination of parental rights case. Father appeals from the
order of the Juvenile Court of Benton County terminating his parental
rights. Specifically, Appellant asserts that the grounds of failure to
substantially comply with the permanency plan and persistence of
conditions are not supported by clear and convincing evidence in the
record, that the Department of Children's Services failed to exercise
reasonable efforts toward reunification and/or relative placement, and
that termination of his parental rights is not in the best interest of
the child. Because we find clear and convincing evidence in the record
to support the trial court's findings, we affirm.

http://www.tba.org/tba_files/TCA/2005/hardina52605.pdf

REGINALD L. ALMO v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Reginald L. Almo. pro se.

Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III,
Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: MCLIN

First Paragraph:

The Petitioner, Reginald Almo, 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
the petition fails to grant a cognizable claim for habeas corpus
relief, we grant the State's motion and affirm the judgment of the
lower court.

http://www.tba.org/tba_files/TCCA/2005/almor52605.pdf

ERIC AMOS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Eric Amos, pro se.

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

Judge: HAYES

First Paragraph:

The Petitioner, Eric Amos, 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 failed to allege any ground that would render the
judgment of conviction void. Accordingly, we grant the State's motion
and affirm the judgment of the lower court.

http://www.tba.org/tba_files/TCCA/2005/amose52605.pdf

MICHAEL BELL v. TONY PARKER, WARDEN

Court:TCCA

Attorneys:                          

Michael Bell, pro se.

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

Judge: HAYES

First Paragraph:

The Petitioner, Michael Bell, 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 pursuant to Rule 20,
Rules of the Court of Criminal Appeals. The State's motion is granted.
The judgment of the trial court is affirmed.

http://www.tba.org/tba_files/TCCA/2005/bellm52605.pdf

ANTONIO DEWAYNE BLEDSOE v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Kathleen G. Morris, Nashville, Tennessee, for the Appellant, Antonio
Dewayne Bledsoe.

Paul G. Summers, Attorney General and Reporter; Michael Markham,
Assistant Attorney General; and Dan Hamm, Assistant District Attorney
General, for the Appellee, State of Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Antonio Dewayne Bledsoe, appeals the denial of his
petition for post-conviction relief by the Davidson County Criminal
Court. On appeal, Bledsoe contends that he was denied the effective
assistance of counsel and, as a result, his nolo contendere plea was
not knowingly and voluntarily entered. After review, we affirm the
denial of the petition.

http://www.tba.org/tba_files/TCCA/2005/bledsoea52605.pdf

WILLIAM BROWN v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Dana M. Ausbrooks, Franklin, Tennessee, for the appellant, William
Brown.

Paul G.Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Ronald L. Davis, District Attorney
General; and Mary Katharine White, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: MCLIN

First Paragraph:

The petitioner, William Brown, appeals the trial court's 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. After reviewing the record, we affirm the dismissal of the
petition for postconviction relief.

http://www.tba.org/tba_files/TCCA/2005/brownw52605.pdf

TYRONE CHALMERS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Catherine Y. Brockenborough, Nashville, and Donald Edward Dawson,
Nashville, for the appellant, Tyrone Chalmers.

Paul G. Summers, Attorney General & Reporter; Mark A. Fulks, Assistant
Attorney General, for the appellee, the State of Tennessee.

Judge: MCLIN

First Paragraph:

The Petitioner, Tyrone Chalmers, appeals the trial court's denial of
his petition for postconviction 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
the petition for post-conviction relief is time-barred by the statute
of limitations, we grant the State's motion and affirm the judgment of
the lower court.

http://www.tba.org/tba_files/TCCA/2005/chalmerst52605.pdf

LEWIS A. GRIMES v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Lewis A. Grimes, pro se.

Paul G. Summers, Attorney General & Reporter; Rachel E. Willis,
Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: HAYES

First Paragraph:

The Petitioner, Lewis A. Grimes, appeals the lower court's denial of
his petition for post-conviction relief. The State has filed a motion
requesting that this Court affirm the trial court pursuant to Rule 20,
Rules of the Court of Criminal Appeals. The petition was filed outside
the applicable statute of limitation and is, therefore, time-barred.
Accordingly, we affirm the trial court's dismissal.

http://www.tba.org/tba_files/TCCA/2005/grimesl52605.pdf

STATE OF TENNESSEE v. JONATHAN HARRIS

Court:TCCA

Attorneys:                          

Clifford K. McGown, Jr. (on appeal) and Julie K. Pillow, (counsel at
trial and of counsel on appeal) Assistant Public Defender, for the
appellant, Jonathan Harris.

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

Judge: MCLIN

First Paragraph:

The defendant, Jonathan Harris, was convicted by jury of attempted
second degree murder, a Class B felony; voluntary manslaughter, a
Class C felony; and theft of property valued between $10,000 and
$60,000, a Class C felony. The trial court sentenced the defendant as
a Range I, standard offender to twelve years for the attempted second
degree murder conviction, six years for the voluntarymanslaughter
conviction, and five years for the theft of property conviction. The
trial court ordered the sentences to run consecutively for an
effective sentence of twenty-three years. On appeal, the defendant
argues: (1) the trial court erred in not suppressing the defendant's
statements and journal; (2) the evidence was insufficient to support
his convictions; (3) and the trial court erred in imposing an
excessive sentence. Following our review, we affirm the judgments of
the trial court.

http://www.tba.org/tba_files/TCCA/2005/harrisj52605.pdf

KELVIN HOOKS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

C. Michael Robbins, Memphis, Tennessee, for the appellant.

Paul G. Summers, Attorney General & Reporter, for the appellee, the
State of Tennessee.

Judge: MCLIN

First Paragraph:

This matter is before the Court upon the motion of appointed counsel
seeking permission to withdraw from further representation of the
Appellant in the above-captioned appeal pursuant to Rule 22, Rules of
the Tennessee Court of Criminal Appeals. Counsel claims that there are
no meritorious issues available for appellate review. Counsel has
complied with the procedural requirements of Rule 22, Rules of the
Tennessee Court of Criminal Appeals. The Petitioner, Kelvin Hooks, has
failed to submit a responsive brief pursuant to Rule 22(E), Rules of
the Tennessee Court of Criminal Appeals. After careful review of the
motion, the accompanying Anders brief, and the appellate record,
including the transcripts of the post-conviction evidentiary hearing,
we agree with counsel's assertion that the appeal has no merit and is,
accordingly, frivolous within the meaning of Rule 22, Rules of the
Tennessee Court of Criminal Appeals. Counsel's motion to withdraw is
granted and the judgment of the trial court is affirmed pursuant to
Rule 20, Rules of the Tennessee Court of Criminal Appeals.

http://www.tba.org/tba_files/TCCA/2005/hooksk52605.pdf

KELVIN LEE HOWARD v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Cyburn H.Sullivan, III.(on appeal), Covington, Tennessee, and David S.
Stockton, Assistant Public Defender (at trial), for the appellant,
Kelvin Lee Howard.

Paul G. Summers, Attorney General and Reporter; David E. Coenen,
Assistant Attorney General; Elizabeth T.Rice, District Attorney
General; and James Walter Freeland, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: MCLIN

First Paragraph:

The petitioner, Kelvin Lee Howard, appeals from the post-conviction
court's denial of post-conviction relief. On appeal, he contends that
he received the ineffective assistance of counsel which caused himto
enter unknowing and involuntaryguiltypleas. Followingour review, we
affirm the judgment of the post-conviction court denying
post-conviction relief.

http://www.tba.org/tba_files/TCCA/2005/howardk52605.pdf

MIQWON LEACH v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Miqwon Deon Leach, pro se.

Paul G. Summers, Attorney General & Reporter; Rachel E. Willis,
Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The Petitioner, Miqwon Leach, appeals the trial court's dismissal of
his petition seeking 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 the Petitioner has failed to allege aground for relief which
would render the judgment void, we grant the State's motion and affirm
the judgment of the lower court.

http://www.tba.org/tba_files/TCCA/2005/leachm52605.pdf

CHRISTOPHER ROBERTSON v. STEPHEN DOTSON

Court:TCCA

Attorneys:                          

Christopher Robertson, pro se.

Paul G. Summers, Attorney General & Reporter; Rachel E. Willis,
Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: GLENN

First Paragraph:

The Petitioner, Christopher Robertson, 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 failed to file a timely notice of appeal document.
This Court finds that justice does not require waiver. Accordingly,
the above-captioned appeal is dismissed.

http://www.tba.org/tba_files/TCCA/2005/robertsonc52605.pdf

STATE OF TENNESSEE v. GLORIA M. PATTON STOVALL

Court:TCCA

Attorneys:                          

Philip A. Condra, District Public Defender, and David O. McGovern,
Assistant Public Defender, for the appellant, Gloria M. Patton
Stovall.

Paul G. Summers, Attorney General and Reporter; Preston Shipp,
Assistant Attorney General; James Michael Taylor, District Attorney
General; and William B. Copeland, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The defendant appeals the trial court's revocation of her probation
based upon a new law violation, to wit: introduction of contraband
into a penal facility. Specifically, she contends that: (1) no proof
was presented that Soma is a controlled substance or legend drug; (2)
the trial court improperly took judicial notice that Soma is a
controlled substance; (3) no proof was presented of unlawful intent;
and (4) the revocation order does not properly state the evidence
relied upon and reason for revoking probation. Upon our review, we
conclude that there was substantial evidence to support the finding of
a new law violation; we affirm the judgments of the trial court.

http://www.tba.org/tba_files/TCCA/2005/stovallg52605.pdf

JOSEPH L. TIMS v. TONY PARKER, WARDEN

Court:TCCA

Attorneys:                          

Joseph L. Tims, pro se.

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

Judge: WILLIAMS

First Paragraph:

The Petitioner, Joseph L. Tims, 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 pursuant to Rule 20,
Rules of the Court of Criminal Appeals. The State's motion is granted.
The judgment of the trial court is affirmed.

http://www.tba.org/tba_files/TCCA/2005/timsj52605.pdf

STATE OF TENNESSEE v. RUSSELL L. TIPTON

Court:TCCA

Attorneys:                          

Robert T. Carter, Tullahoma, Tennessee, for the appellant, Russell L.
Tipton.

Paul G. Summers, Attorney General and Reporter; Richard H. Dunavant,
Assistant Attorney General; James M. Taylor, District Attorney
General; and Steve M. Blount, Assistant District Attorney General, for
the appellee, State of Tennessee

Judge: WILLIAMS

First Paragraph:

The defendant challenges the District Attorney General's denial of
pretrial diversion pursuant to Tennessee Rule of Appellate Procedure
9. Specifically, he avers that the District Attorney General abused
his discretion and failed to consider all relevant factors. Upon
careful consideration, we reverse the judgment of the trial court and
remand for the District Attorney General's further consideration of
all applicable factors, discussion of the evidence supporting those
factors, and an explanation of the weight accorded to each

http://www.tba.org/tba_files/TCCA/2005/tiptonr52605.pdf

JAMES EUGENE YATES v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

James Eugene Yates, pro se.

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

Judge: GLENN

First Paragraph:

The Petitioner, James Eugene Yates, 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 pursuant to Rule 20,
Rules of the Court of Criminal Appeals. The State's motion is granted.
The judgment of the trial court is affirmed.

http://www.tba.org/tba_files/TCCA/2005/yatesj52605.pdf

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