Dial in to great CLE seminars The TennBarU Teleseminar series offers you the chance to hear leading national experts discuss timely topics from the convenience of your office or home. All TennBarU Teleseminars are broadcast via telephone at noon central time. http://www.tba.org/TennBarU    TODAY'S OPINIONS: Wednesday, September 07, 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 - TN Supreme Court 00 - TN Worker's Comp Appeals 01 - TN Supreme Court - Rules 00 - TN Court of Appeals 14 - TN Court of Criminal Appeals 00 - TN Attorney General Opinions 00 - Judicial Ethics Opinions 00 - Formal Ethics Opinions - BPR 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 SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS CORRECTED LINK Court: TSC-Rules CORRECTED LINK http://www.tba.org/tba_files/TSC_Rules/2005/certlist90605.pdf RHYNUIA L. BARNES v. STATE OF TENNESSEE Court: TCCA Attorneys: Charles I. Malone, Nashville, Tennessee, for the appellant, Rhynuia L. Barnes. Paul G. Summers, Attorney General & Reporter; David H. Findley, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Bernard F. McEvoy, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS The petitioner appeals the denial of post-conviction relief, alleging various instances of ineffective assistance of counsel as well as a violation of his rights under the Confrontation Clause. Upon review of the claim under the Confrontation Clause, we conclude that counsel was not ineffective and that the statement did not prejudice the petitioner. We further conclude that the evidence does not preponderate against the post-conviction courtâs finding that counsel rendered effective assistance of counsel. Therefore, we affirm the post-conviction courtâs denial of relief. http://www.tba.org/tba_files/TCCA/2005/barnesr9705.pdf STATE OF TENNESSEE v. JARED C. BROWN Court: TCCA Attorneys: Michael J. Flanagan, Nashville, Tennessee, for the appellant, Jared C. Brown. Paul G. Summers, Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Michael Rohling, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE The appellant, Jared C. Brown, pled guilty in the Davidson County Criminal Court to possession of over ten pounds of marijuana with the intent to sell or deliver, and he received a sentence of two years. As a condition of his plea, the appellant reserved a certified question of law regarding the validity of a search warrant. Upon review of the record and the partiesâ briefs, we conclude that the question is not dispositive of the appellantâs case and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/2005/brownj9705.pdf STATE OF TENNESSEE v. SERGIO F. CANO Court: TCCA Attorneys: William A. Lane, Murfreesboro, Tennessee, for the appellant, Sergio F. Cano. Paul G. Summers, Attorney General & Reporter; Seth P. Kestner, Assistant Attorney General; and Brian Holmgren, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE The defendant, Sergio F. Cano, was convicted of four counts of aggravated sexual battery. See Tenn. Code Ann. ¤ 39-13-504(a)(4). The trial court ordered concurrent, Range I sentences of eleven years. In this appeal as of right, the defendant argues that the evidence was insufficient to support his convictions. The judgments of the trial court are affirmed. http://www.tba.org/tba_files/TCCA/2005/canos9705.pdf RONALD L. DAVIS v. STATE OF TENNESSEE Court: TCCA Attorneys: Ronald L. Davis, pro se. Paul G. Summers, Attorney General and Reporter; Michelle Chapman McIntire, Assistant Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER The Petitioner, Ronald L. Davis, appeals the trial courtâs denial of his petition for writ of error coram nobis. The State has filed a motion requesting that this Court affirm the trial courtâs denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We find the Stateâs motion has merit. Accordingly, the motion is granted and the appeal is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals. http://www.tba.org/tba_files/TCCA/2005/davisr9705.pdf JEFFREY WAYNE HAITHCOTE v. STATE OF TENNESSEE Court: TCCA Attorneys: Andy Myrick Jr., Attorney, Fayetteville, Tennessee for the appellant, Jeffrey Wayne Haithcote. Paul G. Summers, Attorney General & Reporter; Benjamin A. Ball, Assistant Attorney General; and Michael D. Randles, Assistant District Attorney, for the appellee, State of Tennessee. Judge: WADE The petitioner, Jeffrey Wayne Haithcote, appeals the trial court's denial of 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/haithcotej9705.pdf STATE OF TENNESSEE V. BILL VAUGHN HALTON Court: TCCA Attorneys: William B. (Jake) Lockert, Ashland City, Tennessee, for the Appellant, Bill Vaughn Halton. Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Dan M. Alsobrooks, District Attorney General; and Robert Wilson, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER The Defendant, Bill Vaughn Halton, pled guilty to three counts of sexual battery and to one count of sexual assault. The Defendant filed a petition to suspend fees and court costs. After a hearing, the trial court waived the Defendantâs counseling and probation fees, but concluded that it had no authority to waive the Defendantâs court costs. On appeal, the Defendant contends that the trial court erred when it refused to waive court costs. After thoroughly reviewing the record and the applicable authorities, we remand this case to the trial court to consider whether or not the Defendantâs court costs should be waived. http://www.tba.org/tba_files/TCCA/2005/haltonb9705.pdf SHANNON WADE JACOBS v. STATE OF TENNESSEE Court: TCCA Attorneys: William J. Eledge, Lawrenceburg, Tennessee, for the Appellant, Shannon Wade Jacobs. Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney, Assistant Attorney General; T. Michel Bottoms, District Attorney General; and Patrick Butler, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT The petitioner, Shannon Wade Jacobs, filed a petition for post-conviction relief from his 2000 jury conviction of second degree murder in the Giles County Circuit Court, for which he received a sentence of 23 years in the Department of Correction. After the post-conviction court appointed counsel for the petitioner and conducted an evidentiary hearing, the court dismissed the petition. The petitioner appeals. Upon our review, we affirm the denial of post-conviction relief. http://www.tba.org/tba_files/TCCA/2005/jacobss9705.pdf JAMES EARL KENNER v. RICKY J. BELL, WARDEN Court: TCCA Attorneys: James Earl Kenner, Only, Tennessee, pro se. Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; and Victor S. (Torry) Johnson III, District Attorney General, for the appellee, the State of Tennessee. Judge: WOODALL Petitioner, James Earl Kenner, filed a petition for writ of habeas corpus in the Circuit Court of Davidson County. Defendant was convicted in 1994 of five counts of aggravated burglary, five counts of Class D felony theft, and one count of unlawful possession of weapon. His petition sought relief on the basis that all of his sentences were imposed in violation of his right to a jury trial as set forth in Blakely v. Washington, 542 U.S. 296 (2004). The trial court summarily dismissed the petition without an evidentiary hearing on the grounds that the judgments were not void on their face, and Blakely v. Washington was not to be retroactively applied. Petitioner timely appealed to this court and the State has filed a motion for this Court to affirm the dismissal pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Finding merit in the motion, we grant same and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/2005/kennerj9705.pdf STATE OF TENNESSEE v. ROOSEVELT MORRIS Court: TCCA Attorneys: Garland Erguden, Memphis, Tennessee, for the appellant, Roosevelt Morris. Paul G. Summers, Attorney General & Reporter; Rachel E. Willis, Assistant Attorney General;William L. Gibbons, District Attorney General; and Lee Coffee, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES The Defendant, Roosevelt Morris, was convicted by a jury of two counts of attempted firstdegree premeditated murder. The trial court sentenced the Defendant as a Range I, standard offender to two consecutive terms of twenty-five years in the Department of Correction for aneffective sentence of fifty years. In this direct appeal, the Defendant challenges the sufficiency of the evidence and contends that his sentence is excessive. We affirm the Defendantâsconvictions. We modify the Defendantâs effective sentence to forty-seven years http://www.tba.org/tba_files/TCCA/2005/morrisr9705.pdf STATE OF TENNESSEE v. ROBERT LEE SMARTT Court: TCCA Attorneys: Robert Lee Smartt, pro se. Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER The Petitioner, Robert Lee Smartt, appeals the trial courtâs denial of his petition for writ of error coram nobis which asserted that newly discovered evidence existed that may have resulted in a different judgment at trial. The State has filed a motion requesting that this Court affirm the trial courtâs denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We find the Stateâs motion has merit. Accordingly, the motion is granted and the appeal is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals. http://www.tba.org/tba_files/TCCA/2005/smarttr9705.pdf STATE OF TENNESSEE v. JEREMY P. SMITH Court: TCCA Attorneys: Michael J. Flanagan, Nashville, Tennessee, for the appellant, Jeremy P. Smith. Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; Dan M. Alsobrooks, District Attorney General; and Kim Menke, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE The appellant, Jeremy P. Smith, pled guilty in the Dickson County Circuit Court to arson and received a sentence of five years. The trial court granted the appellant community corrections. Subsequently, the trial court revoked the appellantâs community corrections and ordered the appellant to serve one year in confinement before again being released into community corrections. On appeal, the appellant contests the revocation. Upon review of the record and the partiesâ briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/2005/smithj9705.pdf GERALD D. STOVER v. KEVIN MYERS, Warden Court: TCCA Attorneys: Gerald D. Stover, South Central Correctional Facility, Clifton, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; and David H. Findley, Assistant Attorney General, for the appellee, State of Tennessee. Judge: GLENN Following his plea of guilty to aggravated burglary, the petitioner was sentenced to twelve years. 1 After serving a period of time, the length of which is unclear from the record, he was paroled and, on February 19, 1999, was convicted in Alabama for trafficking cocaine. Apparently, a parole violation warrant was issued on January 25, 1999, for his Tennessee sentence, as to which he was declared on the same day to be delinquent. Presumably because the petitioner was incarcerated in Alabama, the warrant was not served on him until March 1, 2004. His parole was revoked on April 1, 2004, following a hearing that same day. He filed a petition for writ of habeas corpus on September 29, 2004, seeking relief because, by his analysis, his sentence had expired and the revocation hearing had not been timely. The trial court dismissed the petition and, following our review, we affirm the dismissal. http://www.tba.org/tba_files/TCCA/2005/stoverg9705.pdf JOE L. UTLEY v. STATE OF TENNESSEE Court: TCCA Attorneys: Joe L. Utley, pro se. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER The Petitioner, Joe L. Utley, appeals the trial courtâs denial of his petition for writ of error coram nobis which asserted that newly discovered evidence existed that may have resulted in a different judgment at trial. The State has filed a motion requesting that this Court affirm the trial courtâs denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We find the Stateâs motion has merit. Accordingly, the motion is granted and the appeal is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals. http://www.tba.org/tba_files/TCCA/2005/utleyj9705.pdf STATE OF TENNESSEE v. DARRYL EUGENE WATTS Court: TCCA Attorneys: Mike J. Urquhart, Nashville, Tennessee, for the appellant, Darryl Eugene Watts. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Bernard F. McEvoy, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: MCLIN Pursuant to a plea agreement, the defendant, Darryl Eugene Watts, pled guilty to rape, furnishing alcohol to a minor, and exposing a minor to pornography. He was sentenced to an effective eightyear sentence in confinement. On appeal, the defendant argues that the trial court erred in denying alternative sentencing. Following our review, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/2005/wattsd9705.pdf   PLEASE FORWARD THIS E-MAIL! Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address. GET A FULL-TEXT COPY OF AN OPINION! See the instructions at the beginning of this edition of Opinion Flash. JOIN THE TENNESSEE BAR ASSOCIATION! While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink. To join the TBA go to: http://www.tba.org/join_bar.mgi SUBSCRIBE TO OPINION FLASH! Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version. Visit the TBALink web site at: http://www.tba.org/op-flash.mgi UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi TBALink Home • Contact Us • PageFinder • What's New • Help © Copyright 2005 Tennessee Bar Association