TennBarU, the TBA Elder Law Section and the National Academy of Elder
Law Attorneys Present: Elder Law Basics
August 19-21 - Gaylord Opryland Hotel in Nashville

This program covers the breadth of elder law. The distinguished
faculty for this program includes past NAELA presidents and authors of
several national treatises on elder law. Level of instruction is basic
and intermediate. A unique aspect of this program is its focus on a
case study, in which participants will develop a long-term care plan
under the tutelage of experienced elder law attorneys. This course
provides 15.75 hours of general and one hour dual CLE credit.

Today's Opinions: June 17, 2005
Volume 11 — Number 115
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
01 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
09 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


SANDRA MAE FAIN v. CNA INSURANCE COMPANY, ET AL.

Court:TSC - Workers Comp Panel

Attorneys:                          

Richard Lane Moore, Cookeville, Tennessee, for appellants, CNA
Insurance Company and TRW Commercial Steering Division.

William Joseph Butler and E. Guy Holliman, Lafayette, Tennessee, for
appellee, Sandra Mae Fain.

Judge: INMAN

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. The
plaintiff's right hand was drawn into a machine and squeezed. She
suffered a minor laceration with perhaps soft-tissue injury. She had
no apparent serious injuries, and lost no time, not even one day, from
her job. Expert testimony focused on a loss of grip strength. The
trial judge found 65 percent permanent partial disability, and 65
percent permanent impairment. Reduced to 27.5 percent.

http://www.tba.org/tba_files/TSC_WCP/2005/fains61705.pdf

STATE OF TENNESSEE v. CECIL E. ANDERSON

Court:TCCA

Attorneys:                          

Sharon E.Guffee, Franklin, Tennessee (on appeal), and John
H.Henderson, District Public Defender (at trial), for the appellant,
Cecil E. Anderson.

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

Judge: WILLIAMS

First Paragraph:

The defendant was indicted on one count of aggravated robbery (a Class
B felony). Following a jury trial, he was convicted of the lesser
included offense of robbery (a Class C felony) and was sentenced as a
career offender to fifteen years in the Department of Correction. Upon
the grant of a delayed appeal, the defendant challenges: (1) the
sufficiency of the identification evidence; and (2) whether his
confession was sufficiently corroborated so as to establish the corpus
delicti. After careful review of the record, the briefs, and
applicable law, we affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/2005/andersonc61705.pdf

STATE OF TENNESSEE v. WESLEY EARL BROWN

Court:TCCA

Attorneys:                          

Jodie A. Bell (on appeal) and Matthew Mayo (at trial), Nashville,
Tennessee, for the appellant, Wesley Earl Brown.

Paul G.Summers, Attorney General and Reporter; Preston Shipp,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Brian Holmgren, Assistant District Attorney General, for
the appellee, State of Tennessee

Judge: GLENN

First Paragraph:

The defendant, WesleyEarl Brown, was convicted of two counts of rape
of a child, a Class Afelony, and three counts of aggravated sexual
battery, a Class B felony, and was sentenced to twenty-five years for
each rape conviction, to be served consecutively, and ten years for
each sexual battery conviction, to be served concurrently but
consecutively to the rape convictions, for a total effective sentence
of sixty years. On appeal, he argues: (1) the evidence was
insufficient to support his convictions; (2) the trial court erred in
admitting evidence of prior bad acts; and (3) the trial court erred in
sentencing. Following our review, we affirm the judgments of the trial
court.

http://www.tba.org/tba_files/TCCA/2005/brownw61705.pdf

RAYMOND A. CLARK v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Raymond A. Clark, pro se.

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

Judge: WILLIAMS

First Paragraph:

The Petitioner, Raymond A. Clark, appeals the trial court's denial of
his motion to reopen his postconviction petition/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 Petitioner has failed to
allege a ground 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/clarkr61705.pdf

MARIO ANTOINE LEGGS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

David M. Hopkins, Nashville, Tennessee, for the appellant, Mario
Antoine Leggs.

Paul G. Summers, Attorney General & Reporter, William G. Lamberth, II,
Assistant Attorney General, and Amy Eisenbeck, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The petitioner, Mario Antoine Leggs, appeals the denial of his
petition for post-conviction relief. In this appeal, he contends that
he was denied the effective assistance of counsel. In addition, he
asserts that the ruling in Blakely v. Washington, 542 U.S. __, 124 S.
Ct. 2531 (2004), renders his sentences invalid. The judgment of the
post-conviction court is affirmed.

http://www.tba.org/tba_files/TCCA/2005/leggsm61705.pdf

MICHAEL D. McDADE v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Comer L. Donnell, District Public Defender; and Richard J. Brodhead,
Assistant Public Defender, for the appellant, Michael D. McDade.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assistant Attorney General; Tom P. Thompson, Jr., District Attorney
General; and Robert N.Hibbett, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The petitioner, Michael D. McDade, appeals the denial of his petition
for post-conviction relief, arguing that his guilty plea was unknowing
and involuntary and he was denied the effective assistance of trial
counsel. Following our review, we affirm the post-conviction court's
denial of the petition.

http://www.tba.org/tba_files/TCCA/2005/mcdadem61705.pdf

CEDRICK KONARD MITCHELL v. STATE OF TENNESSEE
WITH CONCURRING OPINION

Court:TCCA

Attorneys:                          

Stanley K. Pierchoski, Lawrenceburg, Tennessee, for the appellant,
Cedrick Konard Mitchell.

Paul G. Summers, Attorney General and Reporter; David E. Coenen,
Assistant Attorney General; Patrick S. Butler, District Attorney
General, for the appellee, the State of Tennessee

Judge: WOODALL

First Paragraph:

Petitioner, Cedrick Konard Mitchell, appeals from the denial of his
petition for post-conviction relief. In his appeal, Petitioner
contends that his trial counsel rendered ineffective assistance of
counsel in connection with the negotiation and entry of Petitioner's
best interest guilty plea to the charges of assault and driving on a
suspended license, and that his guilty plea was not knowingly or
voluntarily entered into. After a careful review of the record in this
matter, we affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/2005/mitchellc61705.pdf

CONCURRING OPINION
http://www.tba.org/tba_files/TCCA/2005/mitchellc_con61705.pdf

STATE OF TENNESSEE v. LESHAUN NORWOOD

Court:TCCA

Attorneys:                          

James M. Marshall, Columbia, Tennessee, for the appellant, LeShaun
Norwood.

Paul G. Summers, Attorney General and Reporter; Seth P. Kestner,
Assistant Attorney General; T. Michael Bottoms, District Attorney
General; and Robert C. Sanders and J. Daniel Runde, Assistant District
Attorneys General, for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

A Maury County Circuit Court jury found the appellant, LeShaun
Norwood, guilty of second degree murder, and the trial court sentenced
him to twenty-five years in the Department of Correction (DOC). In
this appeal, the appellant claims (1) that the evidence is
insufficient to support the conviction, (2) that the trial court erred
by refusing to suppress his confession to police, and (3) that the
trial court erred by admitting prejudicial photographs into evidence.
Upon review of the record and the parties' briefs, we affirm the
judgment of the trial court.

http://www.tba.org/tba_files/TCCA/2005/norwoodl61705.pdf

STATE OF TENNESSEE v. WILLIAM E. PEWITT

Court:TCCA

Attorneys:                          

Michael J. Flanagan, Nashville, Tennessee, for the appellant, William
E. Pewitt.

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

Judge: WEDEMEYER

First Paragraph:

The Defendant, William E. Pewitt, pled guilty to one count of theft
over $1000.00, one count of burglary, and one count of theft over
$500.00. The trial court sentenced the Defendant to an effective
sentence of two years, and the Defendant appeals, contending that the
trial court erred when it denied him alternative sentencing. Finding
no reversible error, we affirm the judgments of the trial court.

http://www.tba.org/tba_files/TCCA/2005/pewittw61705.pdf

STATE OF TENNESSEE v. JOSEPH WILSON

Court:TCCA

Attorneys:                          

Merrilyn Feirman, Nashville, Tennessee (on appeal); and Ana Escobar,
Nashville, Tennessee (at trial), for the appellant, Joseph Wilson.

Paul G.Summers, Attorney General and Reporter; Preston Shipp,
Assistant Attorney General; John Wesley Carney, Jr., District Attorney
General; and Dent Morriss, Assistant District Attorney General, for
the appellee, the State of Tennessee.

Judge: WOODALL

First Paragraph:

Defendant was indicted for evading arrest, a Class E felony, in count
one; for carjacking, a Class B felony, in count two; for reckless
endangerment of Officer Billy Moyer, a Class E felony, in count three;
for reckless endangerment of Officer Joe MacLeod, a Class E felony, in
count four; for driving on a canceled, suspended or revoked license,
subsequent offense, a Class A misdemeanor, in count five; and
resisting arrest, a Class B misdemeanor, in count six. Following a
jury trial, Defendant was found guilty of Class E felony evading
arrest, carjacking, reckless endangerment of Officer Moyer, and
driving on a revoked license in counts one, two, three and five.
Defendant was found not guilty of reckless endangerment of Officer
MacLeod and resisting arrest in counts four and six. The trial court
sentenced Defendant as a Range II, multiple offender, to two years for
the felony evading arrest conviction, twelve years for the carjacking
conviction, two years for the reckless endangerment conviction, and
eleven months, twenty-nine days for the driving on a revoked license
conviction. The trial court ordered Defendant to serve his sentences
concurrently for an effective sentence of twelve years. On appeal,
Defendant argues that the evidence was insufficient to support his
convictions for carjacking and reckless endangerment, and that the
trial court erred in not instructing the jury on robbery and theft of
property as lesser included offenses of carjacking. Following a
thorough review of the record, we affirm the judgments of the trial
court.

http://www.tba.org/tba_files/TCCA/2005/wilsonj61705.pdf

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