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TODAY'S OPINIONS: Wednesday, August 31, 2005
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 - Formal Ethics Opinions - BPR
00 - Judicial Ethics Opinions
00 - TN Attorney General Opinions
00 - TN Court of Appeals
04 - TN Court of Criminal Appeals
00 - TN Supreme Court
00 - TN Supreme Court - Rules
00 - TN Worker's Comp Appeals

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
STATE OF TENNESSEE v. DARRYL J. LEINART, II

Court: TCCA

Attorneys:

Paul G. Summers, Attorney General & Reporter; David E. Coenen, Assistant Attorney General;James N. Ramsey, District Attorney General; Jan Hicks, Assistant District Attorneys General, for the appellant, State of Tennessee.

Roger A. Miller, Clinton, Tennessee, for the appellee, Darryl J. Leinart, II

Judge: SMITH

The defendant, Darryl J. Leinart, II, was indicted on one (1) count of possession of marijuanaand one (1) count of possession of drug paraphernalia. The defendant filed a motion to suppress the evidence against him contending that the warrantless search of his residence was illegal. Thetrial court granted the motion to suppress and the State filed this appeal. We find the State failed to carry its burden in the trial court of proving that the warrantless search of the defendantāsresidence was valid. The judgment of the trial court is therefore affirmed.

http://www.tba.org/tba_files/TCCA/2005/leinartd83105.pdf


JAMES M. LOVEDAY v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

James R. Hickman, Jr., Sevierville, Tennessee, for the appellant, Richard R. Vance.

Paul G. Summers, Attorney General and Reporter; Benjamin A. Ball, Assistant AttorneyGeneral; Al C. Schmutzer, Jr., District Attorney General; and Steven R. Hawkins, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The petitioner, James M. Loveday, appeals the dismissal of his petition for post-conviction relief,arguing that the post-conviction court erred in finding he received the effective assistance of trial counsel. Because the record reveals that the petitioner filed his petition outside the one-yearstatue of limitations, we conclude that this case is not properly before this court. Accordingly, we dismiss the appeal for lack of jurisdiction.

http://www.tba.org/tba_files/TCCA/2005/lovedayj83105.pdf


STATE OF TENNESSEE v. JEROME HESTER ROBINSON

Court: TCCA

Attorneys:

Julie A. Rice, Knoxville, Tennessee (on appeal), and Stacy D. Nordquist, Assistant DistrictPublic Defender (at trial), for the appellant, Jerome Hester Robinson.

Paul G. Summers, Attorney General & Reporter; David E. Coenen, Assistant Attorney General;and Mike Gallegos, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WADE

The defendant, Jerome Hester Robinson, was convicted of delivery of less than 0.5 grams ofcocaine. See Tenn. Code Ann. ¤ 39-17-417 (2003). The trial court imposed a three-year sentence, with nine months to be served in jail and the remainder in a community correctionsprogram. Following a revocation hearing based upon violations of the terms of his sentence, the trial court increased his three-year sentence to a Range I five-year sentence. The defendant wasordered to serve one hundred and twenty additional days in jail. In this appeal as of right, the defendant argues that the trial court erred by increasing his sentence from three years to fiveyears. The judgment is affirmed.

http://www.tba.org/tba_files/TCCA/2005/robinsonj83105.pdf


STATE OF TENNESSEE v. ALETA RENEE SOUDER

Court: TCCA

Attorneys:

Stephen M. Wallace, District Public Defender; and Joe Harrison, Assistant Public Defender, for the Appellant, Aleta Renee Souder.

Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Joseph E. Perrin, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WITT

The defendant, Aleta Renee Souder, appeals her Sullivan County effective incarcerative sentence of 18 months on her guilty-pleaded convictions for possession of more than one-half ounce of marijuana for resale, a Class E felony, two counts of possession of drug paraphernalia, a Class A misdemeanor, and unlawful possession of a switchblade knife, a Class A misdemeanor. The defendant had sought a probationary sentence or some form of alternative sentencing, which the trial court rejected. Our review of the record discloses no basis to disturb the trial courtās sentencing decision, and we affirm the judgments.

http://www.tba.org/tba_files/TCCA/2005/soudera83105.pdf


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