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Today's Opinions: September 1, 2005
Volume 11 — Number 168
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
04 New Opinion(s) from the Tennessee Court of Appeals
05 New Opinion(s) from the Tennessee Court of Criminal Appeals
01 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


EDWARD LEE BURCH v. M CKOON, BILLINGS & GOLD, P.C., ET AL.

Court: TCA

Attorneys:

James R. McKoon, Chattanooga, Tennessee, for the appellants, McKoon,
Billings & Gold, P.C.

William M. Foster, Chattanooga, Tennessee, L. Thomas Austin, Dunlap,
Tennessee, and StephenT. Greer, Dunlap, Tennessee, for the appellees,
Charles B. and Kathleen R. Chappelle, Edward Lee and Elizabeth Burch
and Christopher S. and Ginger Barker Mills, respectively.

Judge: CAIN

This is an action to quiet title filed by the grantor against an
assignee of the grantees relative toan installment land
contract.Remote grantees of the grantor were joined as third party
defendants by the original defendant/assignee relative to portions of
the land involved in theinstallment land contract and held by the
third party defendants under deeds from the grantor. The trial judge
granted summary judgment to the grantor and against the assignee of
the granteesin the installment land contract.He further granted
summary judgment to the remote grantees of the grantor in the
third-party action by the assignee against them.The assignee appeals,
and weaffirm the judgment of the trial court.

http://www.tba.org/tba_files/TCA/2005/burche9105.pdf

EDWARD EARL DeWERFF v. CHRISTINE CONNIE DeWERFF (now HAND)

Court: TCA

Attorneys:

Larry B. Watson, Clarksville, Tennessee, for the appellant, Edward
Earl Dewerff.

Thomas R. Meeks, Clarksville, Tennessee, for the appellee, Christine
Connie Dewerff Hand.

Judge: FARMER

The trial court denied Father,s petition to decrease child support
upon finding Father wasvoluntarily underemployed.It also determined
Father,s previous payments of child support in excess of the court
ordered amount were a gift and refused to credit them to Father,s
subsequentarrearage.Father appeals.We affirm.

http://www.tba.org/tba_files/TCA/2005/dewerffe9105.pdf

IN THE MATTER OF: J.A.F.

Court: TCA

Attorneys:

Timothy V. Potter, Dickson, Tennessee, for the appellant, J.A.F.

Paul G. Summers, Attorney General and Reporter, Helena Walton
Yarbrough, AssistantAttorney General, for the appellee, State of
Tennessee.

Judge: COTTRELL

This is an appeal from a Circuit Court determination, in a de novo
appeal from juvenile court,that a juvenile was delinquent on the basis
of a sale of marijuana to another juvenile.The defendant argues on
appeal that the evidence presented was insufficient for a finding of
guiltbeyond a reasonable doubt.We agree, and we reverse the trial
court.

http://www.tba.org/tba_files/TCA/2005/jaf9105.pdf

SHERMAN ALEXANDER HENDERSON v. DAVID MILLS, WARDEN

Court: TCA

Attorneys:

Sherman Alexander Henderson, Pro Se

Paul G. Summers, Attorney General and Reporter; Michael E. Moore,
Solicitor General; JenniferL. Brenner, Office of the Attorney General,
Nashville, For Appellee, Warden David Mills

Judge: CRAWFORD

Appellant is an inmate in the custody of the Tennessee Department of
Correction.Appellant filed suit against the Warden of the West
Tennessee State Penitentiary on grounds of retaliation and violation
of inmate,s civil rights arising from inmate,s reclassification
andtransfer.The trial court granted Warden,s Tenn. R. App. P. 12.02
Motion to Dismiss. Inmate appeals. We affirm.

http://www.tba.org/tba_files/TCA/2005/hendersons9105.pdf

GERALD BUCHANAN v. GLEN TURNER, WARDEN and the STATE OF TENNESSEE

Court: TCCA

Attorneys:

Gerald Buchanan, Whiteville, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Rachel E. Willis,
Assistant Attorney General; and Elizabeth T. Rice, District Attorney
General, for the appellee, State of Tennessee. 

Judge: TIPTON

The petitioner, Gerald Buchanan, appeals the Hardeman County Circuit
Court,s summary dismissal of his petition for habeas corpus relief
from his conviction for first degree murder and resulting sentence of
life imprisonment.He claims his judgment of conviction is void because
it classifies his release eligibility status as thirty percent in
violation of our statutory sentencing scheme.We affirm the trial
court. 

http://www.tba.org/tba_files/TCCA/2005/buchanang9105.pdf

STATE OF TENNESSEE v. KEN CHILDRESS

Court: TCCA

Attorneys:

Garland Erguden, Assistant Public Defender, Memphis, Tennessee, for
the appellant, Ken Childress.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Dennis Johnson, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: SMITH

The appellant, Ken Childress, was convicted by a jury of attempted
first degree murder and aggravated criminal trespass.The trial court
sentenced the appellant to an effective sentence of twenty-five (25)
years.On appeal, the appellant challenges the sufficiency of the
evidence and his sentence as improper in light of the United States
Supreme Court,s decision in Blakely v. Washington, 542, U.S. 296, 124
S. Ct. 2531 (2004).Because the evidence is sufficient to support the
convictions and the Tennessee Supreme Court has determined that
Blakely has no effect in Tennessee, we affirm the judgments of the
trial court.

http://www.tba.org/tba_files/TCCA/2005/childressk9105.pdf

STATE OF TENNESSEE v. TRAVIS YOUNG 

Court: TCCA

Attorneys:

Phyllis Aluko, Assistant Public Defender, Memphis, Tennessee, for the
appellant, Travis Young.

Paul G. Summers, Attorney General and Reporter; David E. Coenen,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Michael McCusker, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: SMITH

The appellant, Travis Young, was convicted by a jury of especially
aggravated kidnapping, especially aggravated robbery, and criminal
attempt to commit second degree murder.As a result, the appellant was
sentenced to an effective sentence of twenty (20) years.After the
denial of a motion for new trial, the appellant appealed.On appeal,
the following issues are presented for our review: (1) whether the
evidence is sufficient to sustain the jury verdict; (2) whether the
trial court improperly refused to dismiss the especially aggravated
kidnapping charge; and (3) whether the trial court improperly
instructed the jury with regard to especially aggravated kidnapping
and especially aggravated robbery.After a thorough review of the
record and applicable authority, we affirm the judgment of the trial
court.

http://www.tba.org/tba_files/TCCA/2005/youndt9105.pdf

BRIAN L. WOODSv. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Timothy Boxx, Dyersburg, Tennessee, for the Appellant, Brian L. Woods.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; C. Phillip Bivens, District Attorney
General, for the Appellee, State of Tennessee.

Judge: HAYES

The Appellant, Brian L. Woods, appeals the Dyer County Circuit Court,s
denial of his petition for post-conviction relief.On appeal, Woods
argues that he was denied his Sixth Amendment right to the effective
assistance of counsel.After review of the record, we affirm the denial
of postconviction relief.

http://www.tba.org/tba_files/TCCA/2005/woodsb9105.pdf

ROY WILSON v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Paul J. Springer, Memphis, Tennessee, for the appellant, Roy Wilson.


Paul G. Summers, Attorney General and Reporter; Seth Kestner,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Chris Scruggs, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: SMITH

The petitioner, Roy Wilson, pled guilty to four (4) counts of
aggravated rape, eleven (11) counts of especially aggravated
kidnapping, seven (7) counts of aggravated robbery, and two (2) counts
of aggravated burglary, for convictions stemming from multiple
indictments.As a result of the guilty pleas, the petitioner received a
fifteen (15) year sentence for one (1) of the aggravated rape
convictions that was ordered to run consecutive to all of the other
convictions, which ran concurrent to each other for a total of fifteen
(15) years, for a total effective sentence of thirty (30) years.The
petitioner filed a pro se petition for post-conviction relief based
upon ineffective assistance of counsel with respect to his guilty plea
on one (1) of the aggravated rape convictions.After an evidentiary
hearing, the post-conviction court denied the petition.On appeal, the
petitioner challenges the trial court,s denial of the petition.Because
the petitioner failed to prove that he received ineffective assistance
of counsel or that his guilty plea was involuntary, we affirm the
judgment of the post-conviction court.

http://www.tba.org/tba_files/TCCA/2005/wilsonr9105.pdf

Limitation on Health Insurance Benefits for Members of General
Assembly Found Guilty of Crimes Involving Public Office

Date: August 30, 2005

Opinion Number: 05-136

http://www.tba.org/tba_files/AG/2005/op136.pdf

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