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: June 7, 2005
Volume 11 — Number 107
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
02 New Opinion(s) from the Tennessee Court of Appeals
07 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


STANLEY DAVID KAHN v. RANDA LIPMAN KAHN

Court:TCA

Attorneys:                          

Richard A.Gordon, Memphis, TN, for Appellant

Caren B. Nichol and Blake W. Bourland, Memphis, TN, for Appellee

Judge: HIGHERS

First Paragraph:

This appeal arises out of a divorce between the parties. In its
decree, the trial court declared the parties were divorced, divided
the marital property and the debts of the parties, ordered the husband
to pay the entire balance of the guardian ad litem fees, named the
wife the primary residential parent, and ordered the husband to pay
wife child support. The husband now appeals to this Court. For the
following reasons, we affirm in part, reverse in part, and remand for
further proceedings.

http://www.tba.org/tba_files/TCA/2005/kahns6705.pdf

IN RE: ESTATE OF WILLIAM HUGH LUCK THOMAS BENTON LUCK, ET AL.,
EXECUTORS v. FDS/GOLDSMITH'S

Court:TCA

Attorneys:                          

David J. Waynick and Thomas B. Luck, Nashville, TN, for Appellants 

No Appellees Brief filed

Judge: HIGHERS

First Paragraph:

Following the decedent's death, his estate was not admitted to probate
until well over one year from the date of his death. A creditor filed
a claim against the estate over twenty-one months after the decedent's
date of death. The executors filed an exception to the creditor's
claim arguing that it was barred since it was not filed within one
year of the decedent's date of death. The probate court, relying on a
previous decision rendered by this Court, held that the creditor's
claim was not barred by the applicable statutes. After reviewing the
applicable statutory language and the decisions rendered by this Court
interpreting those statutes, we reverse.

http://www.tba.org/tba_files/TCA/2005/luckw6705.pdf

JOHNNY L. BEARD, SR. v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Elizabeth L. Youmans and John Henderson, Assistant Public Defenders,
for the appellant, Johnny L. Beard, Sr.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Ronald L. Davis, District Attorney
General; and Derek K. Smith, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: MCLIN

First Paragraph:

The petitioner appeals from the post-conviction court's dismissal of
his petition for postconviction relief. He contends that the
post-conviction court erred in concluding that his petition was
untimely filed without appointing counsel and conducting an
evidentiary hearing to determine whether due process considerations
tolled the statute of limitations. Following our review, we affirm the
dismissal of the petition.

http://www.tba.org/tba_files/TCCA/2005/beardj6705.pdf

STATE OF TENNESSEE v. JOHN THOMAS BINGHAM

Court:TCCA

Attorneys:                          

Hayley E. Fults, Shelbyville, Tennessee, (on appeal) and Richard
Cawley (at trial) for the appellant, John Thomas Bingham.

Paul G. Summers, Attorney General and Reporter; Seth P. Kestner,
Assistant Attorney General; W. Michael McCown, District Attorney
General; and Michael Randles and Ann Filer, Assistant District
Attorneys General, for the appellee, State of Tennessee.

Judge: MCLIN

First Paragraph:

A Bedford County jury convicted the defendant, John Thomas Bingham, of
robbery, a Class C felony. Following a sentencing hearing, the trial
court sentenced him as a Range I, standard offender to five years and
six months in the Department of Correction. In this appeal, the
defendant argues that the evidence is insufficient to support the
conviction and that the trial court erred in sentencing. We affirm the
judgment of the trial court

http://www.tba.org/tba_files/TCCA/2005/binghamj6705.pdf

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/2005/kennedym6705.pdf

STATE OF TENNESSEE v. CLARENCE MABON

Court:TCCA

Attorneys:                          

Robert Wilson Jones, District Public Defender; Garland Ingram Erguden,
Assistant Public Defender (on appeal); and Trent Hall, Assistant
Public Defender (at trial), for the appellant, Clarence Mabon.

Paul G. Summers, Attorney General and Reporter; Seth P. Kestner,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Vanessa D. King, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

A Shelby County Criminal Court jury convicted the defendant, Clarence
Mabon, of two counts of aggravated robbery, a Class B felony. The
trial court merged the two offenses and sentenced him as a Range I,
standard offender to eight years in the Department of Correction. On
appeal, the defendant contends that the evidence is not sufficient to
support his conviction and that a fatal variance exists between the
indictment and the proof presented at trial. We affirm the judgment of
the trial court.

http://www.tba.org/tba_files/TCCA/2005/mabonc6705.pdf

STATE OF TENNESSEE v. STEPHEN ANTHONY SCOTT

Court:TCCA

Attorneys:                          

Roger E. Nell, District Public Defender (on appeal), and Russel A.
Church, Assistant Public Defender (at trial), for the appellant,
Stephen Anthony Scott.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; John W. Carney, Jr., District Attorney
General; and C. Daniel Brollier, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: MCLIN

First Paragraph:

The defendant, Stephen Anthony Scott, appeals as of right from his
convictions by jury of aggravated robbery, attempted aggravated
robbery, especially aggravated kidnapping, two counts of aggravated
kidnapping, kidnapping, and attempted robbery. Following a sentencing
hearing, the defendant was classified as a Range I offender and
received a ten-year sentence at 30% for aggravated robbery, a
four-year sentence at 30% for attempted aggravated robbery, a
twenty-four year sentence at 100% for especially aggravated
kidnapping, a ten-year sentence at 100% for both counts of aggravated
kidnapping, a four-year sentence at 30% for kidnapping, and a fouryear
sentence at 30% for attempted robbery. In this appeal, the defendant
argues: (1) the evidence is insufficient to support his convictions;
and (2) the trial court erred in sentencing. We determine that two of
the defendant's convictions should be merged and remand for entry of
corrected judgments. In addition, we remand for a new sentencing
hearing on the defendant's conviction for aggravated kidnapping. In
all other respects, we affirm the judgments of the trial court.

http://www.tba.org/tba_files/TCCA/2005/scotts6705.pdf

STATE OF TENNESSEE v. ANTHONY JAMES SHEARER

Court:TCCA

Attorneys:                          

Joseph P. Atnip, District Public Defender (on appeal), William Anthony
Helm, Bartlett, Tennessee (at trial), for the appellant, Anthony James
Shearer.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Thomas A. Thomas, District Attorney
General; James T. Cannon, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

An Obion County Circuit Court jury convicted the defendant, Anthony
Shearer, of possession with intent to deliver one-half gram or more of
cocaine, a Class B felony, and the trial court sentenced him to nine
years in the Department of Correction. The defendant appeals, claiming
that the evidence is insufficient and that his sentence is excessive.
We affirm the trial court.

http://www.tba.org/tba_files/TCCA/2005/shearera6705.pdf

STATE OF TENNESSEE v. DONALD SOLOMON

Court:TCCA

Attorneys:                          

David O. McGovern, Assistant Public Defender, for the appellant,
Donald Solomon.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Senior Counsel Criminal Justice Division; J. Michael Taylor, District
Attorney General; and Steven M. Blount, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: MCLIN

First Paragraph:

The defendant, Donald Solomon, pled guilty to theft of property valued
at $1,000, but less than $10,000, a Class D felony. After conducting a
sentencing hearing, the trial court classified the defendant as a
Range I, standard offender and sentenced him to four years in the
Department of Correction. The trial court ordered the defendant to
serve the sentence consecutive to a sentence in another case for which
the defendant was on probation at the time. In this direct appeal, the
defendant presents the single issue of whether the trial court erred
in sentencing. We affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/2005/solomond6705.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