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: July 11, 2005
Volume 11 — Number 130
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
03 New Opinion(s) from the Tennessee Court of Appeals
04 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


MBNA AMERICA v. THE ESTATE OF LAVADA JONES

Court:TCA

Attorneys:                          

Walter E. Grantham, II, Chattanooga, Tennessee, for appellant.

L. Blair Bennington, Chattanooga, Tennessee, for appellee.

Judge: FRANKS

First Paragraph:

In this estate administration, the Trial Court allowed plaintiff's
claim. On appeal, we affirm.

http://www.tba.org/tba_files/TCA/2005/mbna71105.pdf

SLC, b/n/f EC and MC, v. ALDON JOE DANIEL and the AMATEUR ATHLETIC
UNION OF THE UNITED STATES, INC., AND AJC, b/n/f LAS, v. ALDON JOE
DANIEL, and the AMATEUR ATHLETIC UNION OF THE UNITED STATES, INC.

Court:TCA

Attorneys:                          

Aldon Joe Daniel, Jr., Wartburg, Tennessee, pro se.

Gary A. Brewer and Derrick A. Free, Nashville, Tennessee, for
appellees.

Judge: FRANKS

First Paragraph:

Defendant appealed the granting of summary judgment to his
co-defendant in plaintiffs' action against defendants. We dismiss the
appeal on grounds that notice of appeal was not timely filed.

http://www.tba.org/tba_files/TCA/2005/slc71105.pdf

WILBUR WATTS and wife, RUTH WATTS, v. HARVEY SHANNON and wife, JUDY
SHANNON and WILLIAM J. LEGGINS

Court:TCA

Attorneys:                          

Harold D. Balcom, Jr., Kingston, Tennessee, for appellants. 

Sidney R. Seals, Oneida, Tennessee, for appellees.

Judge: FRANKS

First Paragraph:

In this boundary line dispute, the Trial Court established boundary
and awarded plaintiffs' damages against adjoining property owner and
his surveyor. On appeal, we affirm.

http://www.tba.org/tba_files/TCA/2005/wattsw71105.pdf

STATE OF TENNESSEE v. ANTHONY ALLEN

Court:TCCA

Attorneys:                          

William D. Massey (on appeal), Memphis, Tennessee and Brett Stein and
Steve Halmon (at trial), Memphis, Tennessee, for the appellant,
Anthony Allen.

Paul G. Summers, Attorney General and Reporter; Rachel E. Willis,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Thomas Hoover and Steve Crossno, Assistant District
Attorney Generals, for the appellee, State of Tennessee.

Judge: MCLIN

First Paragraph:

The defendant, Anthony Allen, was convicted by a Shelby County jury
and received an effective sentence of 124 years for numerous
aggravated rape and aggravated robbery charges consolidated into a
single trial. In this appeal, he argues: (1) the trial court erred in
consolidating the indictments; (2) the trial court erred by ordering
consecutive sentences; (3) the trial court erred in denying his motion
to suppress a post-arrest statement; (4) the evidence is insufficient
to support three of his convictions; and (5) the State failed to elect
the offense for which conviction was sought in two case numbers.
Following a thorough review of the record and applicable law, we
reverse one of the defendant's aggravated rape convictions and remand
it for a new trial, affirm the remaining judgments of conviction, and
remand the case for a new sentencing hearing to determine whether
consecutive sentencing is appropriate.

http://www.tba.org/tba_files/TCCA/2005/allena71105.pdf

PERCY FARRIS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Ken Seaton, Selmer, Tennessee, for the appellant, Percy Farris.

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

Judge: WELLES

First Paragraph:

The Defendant, Percy Farris, was convicted by a juryof attempt to
commit first degree premeditated murder and especially aggravated
robbery. His convictions were affirmed on direct appeal. See State v.
Percy Perez Farris, No. W2001-01787-CCA-R3-CD, 2002 WL 927430 (Tenn.
Crim. App., Jackson, May 8, 2002). The Defendant subsequently filed
for post-conviction relief alleging ineffective assistance of counsel.
After an evidentiary hearing, the trial court denied relief. This
appeal followed. We affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/2005/farrisp71105.pdf

STATE OF TENNESSEE v. MARICO FINNIE

Court:TCCA

Attorneys:                          

Charles E. Waldman, Memphis, Tennessee, for the appellant, Marico
Finnie.

Paul G. Summers, Attorney General and Reporter; Mark A. Fulks,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Paul Thomas Hoover, Jr., and W. Stephen Crossnoe,
Assistant District Attorneys General, for the appellee, State of
Tennessee.

Judge: TIPTON

First Paragraph:

A Shelby County Criminal Court Jury convicted the defendant, Marico
Finnie, of four counts of aggravated rape, a Class A felony, seven
counts of aggravated robbery, a Class B felony, and three counts of
facilitation of aggravated rape, a Class B felony, and the trial court
sentenced him to eight years for each robbery conviction, twenty years
for each rape conviction, and eight years for each facilitation of
aggravated rape conviction. The trial court ordered four of the
robbery convictions to be served concurrently with each other but
consecutively to the remaining robbery convictions and to the
convictions for rape and facilitation of rape. It then ordered the
remaining sentences for robbery, rape, and facilitation of rape to be
served consecutively for an effective sentence of 128 years in the
Department of Correction. The defendant appeals, claiming the trial
court's order imposing consecutive sentencing violates his right to
trial by jury. We affirm the trial court.

http://www.tba.org/tba_files/TCCA/2005/finniem71105.pdf

KENNETH RAY HAYNES v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Matthew M. Maddox, Huntingdon, Tennessee, for the appellant, Kenneth
Ray Haynes.

Paul G. Summers, Attorney General & Reporter; J. Ross Dyer, Assistant
Attorney General; and Steven D. Jackson, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The petitioner, Kenneth Ray Haynes, 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.
The judgment is affirmed.

http://www.tba.org/tba_files/TCCA/2005/haynesk71105.pdf

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