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Today's Opinions: August 1, 2005
Volume 11 — Number 145
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
01 New Opinion(s) from the Tennessee Court of Appeals
08 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


JAMES W. CLARK v. JIM ROSE

Court:TCA

Attorneys:                          

James W. Clark, Jr., Pro Se

Paul G. Summers, Attorney General and Reporter; Jennifer R. Bailey,
Assistant Attorney General for Appellee, Jim Rose

Judge: CRAWFORD

First Paragraph:

Petitioner/Appellant is an inmate in the custody of the Tennessee
Department of Correction. This is the second appeal before this Court
arising from the Appellant's filing of the underlying pro se petition
for common law writ of certiorari, seeking review of the procedures
used by the Tennessee Department of Correction in reaching its
decision to keep Appellant confined in administrative segregation.
This Court initially remanded the case to the trial court for a
determination of whether the inmate's status was punitive or
non-punitive in nature. Upon remand, the trial court determined that
his status was non-punitive. Inmate appeals. Finding that the trial
court did not abuse its discretion in its determination that inmate's
status was nonpunitive and that, as such, the common law writ of
certiorari was not the proper means of challenging his status, we
affirm.

http://www.tba.org/tba_files/TCA/2005/clarkj8105.pdf

DONNELL BOOKER v. HOWARD CARLTON, WARDEN and the STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Donnell V. Booker, Mountain City, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Michelle Chapman
McIntire, Assistant Attorney General, for the Appellee, State of
Tennessee.

Judge: OGLE

First Paragraph:

The petitioner, Donnell Booker, appeals from the trial court's order
dismissing his petition for writ of habeas corpus. The state has filed
a motion requesting that this court affirm the trial court's denial of
relief pursuant to Rule 20 of the Rules of the Court of Criminal
Appeals. The petitioner has failed to establish that he is entitled to
habeas corpus relief. Accordingly, the state's motion is granted and
the judgment of the trial court is affirmed.

http://www.tba.org/tba_files/TCCA/2005/bookerd8105.pdf

STATE OF TENNESSEE v. THOMAS DAVID COLLINS, ALIAS

Court:TCCA

Attorneys:                          

M. Christopher Coffey, Knoxville, Tennessee, for the appellant, Thomas
David Collins.

Paul G. Summers, Attorney General & Reporter; Seth P. Kestner,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; Zane Scarlett, Assistant District Attorneys General, for the
appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The appellant, Thomas David Collins, was convicted by a jury of
voluntary manslaughter. As a result, the trial court sentenced the
appellant to five (5) years as a Range I, standard offender. After the
denial of a motion for new trial, the appellant filed a timely notice
of appeal. On appeal, the appellant claims that: (1) the jury did not
properly reject the appellant's claim of self-defense; (2) the
evidence was not sufficient to sustain the verdict; (3) the trial
court improperly applied several enhancement factors; and (4) the
trial court improperly denied the appellant alternative sentencing.
After a review of the record, we affirm the judgment of the trial
court.

http://www.tba.org/tba_files/TCCA/2005/collinst8105.pdf

STATE OF TENNESSEE v. KENNETH WAYNE DUNN

Court:TCCA

Attorneys:                          

Philip A.Condra (on appeal) and David O.McGovern (at trial), Jasper,
Tennessee, for the appellant, Kenneth Wayne Dunn.

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

Judge: OGLE

First Paragraph:

The appellant, Kenneth Wayne Dunn, pled guilty in the Franklin County
Circuit Court to possession of a Schedule II controlled substance, a
Class C felony, and the trial court sentenced him to four years to be
served as thirty days in jail and the remainder on probation.
Subsequently, the trial court revoked the appellant's probation and
ordered him to serve his sentence in confinement. In this appeal, the
appellant's sole contention is that he did not receive a fair
probation revocation hearing because the trial court allowed a witness
to give hearsay testimony. 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/dunnk8105.pdf

DONALD RAY EADY, JR. v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Richard Elliston, Cleveland, Tennessee, for the appellant, Donald Ray
Eady, Jr..

Paul G. Summers, Attorney General &Reporter; Seth P. Kestner,
Assistant Attorney General; Jerry N. Estes, District Attorney General;
Shari Tayloe-Young, Assistant District Attorneys General, for the
appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The petitioner was convicted of second degree murder in July of 1998.
He appealed his conviction to this Court, and we affirmed his
conviction. State v. Donald R. Eady, Jr., E2000-01152-CCA-R3- CD, 2001
WL 1543472 (Tenn. Crim. App., at Knoxville, Dec. 4, 2001), perm. app.
denied, (Tenn. May 6, 2002). The petitioner then filed a petition for
post-conviction relief. The post-conviction court denied his petition.
He appeals to this Court solely on the issue of ineffective assistance
of counsel. We affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/2005/eadyd8105.pdf

ARZOLIA CHARLES GOINES v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Arzolia Charles Goines, Mountain City, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Randall E. Nichols, District Attorney
General, for the Appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The petitioner, Arzolia Charles Goines, appeals from the trial court's
order dismissing his petition for writ of habeas corpus. The state has
filed a motion requesting that this court affirm the trial court's
denial of relief pursuant to Rule 20 of the Rules of the Court of
Criminal Appeals. The petitioner failed to comply with the statutory
requirements for pursuing habeas corpus relief. Accordingly, the
state's motion is granted and the judgment of the trial court is
affirmed.

http://www.tba.org/tba_files/TCCA/2005/goinesa8105.pdf

ANDRE L. MAYFIELD v. HOWARD CARLTON & STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Andre L. Mayfield, Pro Se, Mountain City, Tennessee.

Paul G. Summers, Attorney General & Reporter; Brent C. Cherry,
Assistant Attorney General and Joe Crumley, District Attorney General
for the appellee, State of Tennessee

Judge: SMITH

First Paragraph:

The petitioner, Andre L. Mayfield, filed a petition for writ of habeas
corpus arguing that: (1) he was improperly considered as a multiple
rapist; (2) the trial court lacked the authority to sentence the
petitioner as a multiple rapist without an indictment charging him as
such; (3) the trial court lacked authority to modify the petitioner's
original sentence; (4) the trial court failed to expressly state how
the sentence in count five (5) would run; (5) the trial court
improperly filled out the judgment form for count four (4); and (6)
the judgment forms indicating that the petitioner was sentenced as a
multiple offender with a release eligibility of thirty-five percent
(35%) are improper. The trial court denied the petition. The
petitioner appeals. For the following reasons, we affirm the judgment
of the trial court.

http://www.tba.org/tba_files/TCCA/2005/mayfielda8105.pdf

DARRELL MCQUIDDY v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Darrell McQuiddy, Pro Se, Memphis, Tennessee.

Paul G. Summers, Attorney General & Reporter; Brent C. Cherry,
Assistant Attorney General; Victor S.Smith, District Attorney General;
Kathy Morante, Assistant District Attorneys General, for the appellee,
State of Tennessee.

Judge: SMITH

First Paragraph:

The petitioner, Darrell McQuiddy, filed a petition for writ of error
coram nobis. The trial court dismissed the petition without a hearing.
On appeal, the petitioner argues that the trial court erred by
dismissing the petition. For the following reasons, we affirm the
judgment of the trial court.

http://www.tba.org/tba_files/TCCA/2005/mcquiddyd8105.pdf

STATE OF TENNESSEE v. BILLY R. SHELLEY

Court:TCCA

Attorneys:                          

Steve McEwen (on appeal), Mountain City, Tennessee; and Richard Tate
(at trial), Assistant Public Defender, Blountville, Tennessee, for the
Appellant, Billy R. Shelley.

Paul G. Summers, Attorney General and Reporter; William G. Lamberth
II, Assistant Attorney General; H.Greeley Wells, Jr., District
Attorney General; and WilliamB. Harper, Assistant District Attorney
General, for the Appellee, State of Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Billy R. Shelley, was convicted by a Sullivan County
jury of theft of property over $1,000, a class D felony, and sentenced
as a Range II multiple offender to eight years in the Department of
Correction. Onappeal, Shelleyraises the followingissues for our
review: (1) whether the evidence was sufficient to support the
verdict; (2) whether the trial court erred in ruling that his prior
convictions, which expired more than ten years prior to this
prosecution, were admissible for impeachment purposes; and (3) whether
his sentence was proper. After a review of the record, the judgment of
the Sullivan County Criminal Court is affirmed.

http://www.tba.org/tba_files/TCCA/2005/shelleyb8105.pdf

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