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TODAY'S OPINIONS: Tuesday, October 11, 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
00 - TN Supreme Court - Rules
01 - TN Court of Appeals
01 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

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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

MARTIN EDWARD MALONE v. LYNETTE DIANE BERGER MALONE

Court: TCA

Attorneys:

James F. Logan, Jr., Cleveland, Tennessee, for appellant.

Randy Sellers, Cleveland, Tennessee, for appellee.

Judge: FRANKS

The Trial Court, while finding a material change in circumstances, refused to change custody of the minor child on the ground that it would not be in the best interest of the child.

http://www.tba.org/tba_files/TCA/2005/malonem101105.pdf


STATE OF TENNESSEE v. MICHAEL R. HARNESS

Court: TCCA

Attorneys:

Patricia Hall Long, Knoxville, Tennessee, for the appellant, Michael R. Harness.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; William Paul Phillips, District Attorney General; and Amanda L. Cox, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The defendant, Michael R. Harness, pled guilty to attempted aggravated sexual battery, a Class C felony, and the Union County Criminal Court sentenced him as a child rapist to five years to be served at one hundred percent in the Department of Correction. The defendant appeals, contending that the trial court erred in applying enhancement factors in sentencing, in denying him alternative sentencing, and in sentencing him as a child rapist to serve his sentence at one hundred percent. We hold the trial court erred in classifying the defendant as a child rapist, in applying an enhancement factor, and in failing to apply a mitigating factor based on the defendantās poor health. We modify his sentence to four years with a release eligibility of thirty percent to reflect his status as a Range I, standard offender. In all other respects, we affirm the judgment of the trial court, and we remand the case for entry of a judgment consistent with this opinion.

http://www.tba.org/tba_files/TCCA/2005/harnessm101105.pdf


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