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Today's Opinions: August 2, 2005
Volume 11 — Number 146
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
03 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


LAWUAN STANFORD v. THE COMMISSIONER OF THE DEPARTMENT OF LABOR AND
WORKFORCE DEVELOPMENT AND ALTAMA FOOTWEAR

Court:TCA

Attorneys:                          

Beth Stricklin Bates, Jackson, TN, for Appellant

Paul G. Summers, Attorney General and Reporter, Warren A. Jasper,
Assistant Attorney General, Nashville, TN, for Appellee, Commissioner
James G. Neeley

Charles M. Purcell, MaryGlenn Rutland, Jackson, TN, for Appellee,
Altama Footwear

Judge: HIGHERS

First Paragraph:

This appeal arises out of a claim filed by the appellant for
unemployment benefits after her termination from her employment. The
Tennessee Department of Labor and Workforce Development denied the
appellant's claim for unemployment benefits. The appellant filed an
appeal to the Appeals Tribunal of the Department, and, after a
hearing, the Appeals Tribunal denied the appellant's claim for
unemployment benefits. Subsequently, the appellant filed an appeal to
the Board of Review, which also denied her claim for unemployment
benefits and affirmed the Appeals Tribunal. After the Board denied the
appellant's petition to rehear, the appellant sought review by the
chancery court. After reviewing the record, the chancery court denied
the appellant's claim for unemployment benefits and affirmed the Board
of Review. The appellant now seeks review by this Court. We affirm.

http://www.tba.org/tba_files/TCA/2005/stanfordl8205.pdf

STATE OF TENNESSEE v. KEITH DOTSON

Court:TCCA

Attorneys:                          

Robert Wilson Jones, Shelby County Public Defender (of counsel); and
Phyllis Aluko(on appeal), Trent Hall (at trial), and Sandra DiMaggio
(at trial), Assistant Public Defenders, for the appellant, Keith
Dotson.

Paul G. Summers, Attorney General & Reporter; Jennifer Bledsoe,
Assistant Attorney General; and Alanda Dwyer, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The defendant, Keith Dotson, was convicted of aggravated burglary. See
Tenn. Code Ann. S 39-14- 403. The trial court ordered a Range III
sentence of fifteen years in the Department of Correction. In this
appeal of right, the defendant argues that the evidence was
insufficient and that his sentence is excessive under Blakely v.
Washington, 542 U.S. ___, 124 S. Ct. 2531 (2004). The judgment of the
trial court is affirmed.

http://www.tba.org/tba_files/TCCA/2005/dotsonk8205.pdf

SHAWN KELLY v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

JimW.Horner, District PublicDefender, HowellTod Taylor, Assistant
Public Defender, and Patrick R. McGill (on appeal), Assistant Public
Defender, for the appellant, Shawn Kelly.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; C. Phillip Bivens, District Attorney
General; and Karen Waddell Burns, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The petitioner, Shawn Kelly, appeals the dismissal of his petition for
post-conviction relief by the Dyer County Circuit Court. He seeks
relief from two convictions for the sale of one-half gram or more of
cocaine, a Class B felony, and his concurrent sentences of twelve and
fifteen years. The petitioner was convicted by a jury of one drug
offense and pled guilty to the other drug offense. He contends that he
received the ineffective assistance of counsel in both cases, that he
was denied his constitutional right to an impartial jury, that his
guilty plea was not voluntary, and that the trial court erred in not
allowing him to inspect the grand jury minutes relating to his
indictments. We affirm the trial court's denial of post-conviction
relief.

http://www.tba.org/tba_files/TCCA/2005/kellys8205.pdf

STATE OF TENNESSEE v. ALBERT FITZGERALD TURNER

Court:TCCA

Attorneys:                          

Edwin C. Lenow, Memphis, Tennessee, for the appellant, Albert
Fitzgerald Turner.

Paul G. Summers, Attorney General and Reporter; Mark A. Fulks,
Assistant Attorney General; and Gary Brown, District Attorney General,
for the appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant, Albert Fitzgerald Turner, pled guilty to statutory rape
and was sentenced as a Range I, standard offender to two years in the
Department of Correction, suspended after sixty days of service. The
Defendant now appeals as of right, contending that the trial court
erred in refusing to grant him "judicial diversion." Because the trial
court failed to state adequately upon the record the basis for its
refusal to grant judicial diversion, we vacate the sentence of the
Defendant and remand this matter for further proceedings consistent
with this opinion.

http://www.tba.org/tba_files/TCCA/2005/turnera8205.pdf

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