Update your contact information! Now you can let the TBA know of your new contact information over the web. Just follow the link below and we'll update your record in our database. http://www.tba.org/address/index.mgi    TODAY'S OPINIONS: Thursday, October 13, 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 01 - TN Worker's Comp Appeals 00 - TN Supreme Court - Rules 01 - TN Court of Appeals 09 - TN Court of Criminal Appeals 01 - 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 THOMAS GARY WESTON, III v. WASTE MANAGEMENT, INC. Court: TWCA Attorneys: Jerry Scott and Chad Allen Massey, Scott & Associates, Murfreesboro, TN,for the appellant, Thomas Gary Weston, III. Elaine M. Youngblood, Ortale, Kelley, Herbert & Crawford, Nashville, TN,for the appellee, Waste Management, Inc. Judge: TURNBULL This workersâ compensation appeal has been referred to the SpecialWorkersâ Compensation Appeals Panel in accordance with Tenn. Code Ann. ¤ 50-6-225(e)(3) for hearing and reporting to the Supreme Court offindings of fact and conclusion of law. The employee appeals the trial courtâs finding of no permanent disability. We conclude that the judgmentof the trial court should be affirmed. http://www.tba.org/tba_files/TSC_WCP/2005/westont101305.pdf TINA M. LUNSFORD v. ROBERT W. LUNSFORD Court: TCA Attorneys: Charlotte Lee Rhodes, Nashville, Tennessee, for the appellant, Tina M. Lunsford. Connie Reguli, Brentwood, Tennessee, for the appellee, Robert W. Lunsford. Judge: HARRIS This case arose from the divorce of Tina M. Lunsford and Robert W. Lunsford, his untimelydeath, and a dispute between the estate of Robert W. Lunsford and Tina M. Lunsford as to the right to a pre-retirement death benefit provided by the Young Menâs Christian AssociationRetirement Fund in which Mr. Lunsford participated. Even though Tina M. Lunsford was the designated beneficiary of the death benefit at the time of Mr. Lunsford died, the trial courtdetermined the intent of the parties evidenced by their marital dissolution agreement was to divest Tina Lunsford of any interest in his retirement plan. The trial court, by qualified domesticrelations order, directed the death benefit be paid to the contingent beneficiaries and Tina M. Lunsford appealed. Because of the specific language of the marital dissolution agreement, weaffirm. http://www.tba.org/tba_files/TCA/2005/lunsfordt101305.pdf STATE OF TENNESSEE V. WANDA G. AYERS Court: TCCA Attorneys: Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney, Assistant Attoney General; John H. Carney, District Attorney General; and Dan Brollier, Assistant District Attorney General, for the appellant, State of Tennessee. Peter Olson and Tim Wallace, Clarksville, Tennessee, for the appellee, Wanda G. Ayers. Judge: WADE In March of 2002, the defendant, Wanda G. Ayers, was indicted for first degree murder, a class X felony, a crime which allegedly occurred in 1983. See Tenn. Code Ann. ¤ 39-2-202 (1982). The trial court granted a defense motion in limine to exclude expert testimony regarding the manner of death of the deceased. In this extraordinary appeal by the state, the single issue is whether the trial court properly excluded the testimony. Because it is our view that the trial court erred, the order is reversed and the cause is remanded for trial. http://www.tba.org/tba_files/TCCA/2005/ayersw101305.pdf STATE OF TENNESSEE v. KENNETH BEARD Court: TCCA Attorneys: Emma Rae Tennent, Assistant Public Defender, Nashville, Tennessee (on appeal); Gary Tamkin and Diane McNamara, Assistant Public Defenders, Nashville, Tennessee (at trial), for the appellant, Kenneth Beard. Paul G. Summers, Attorney General & Reporter; David E. Coenen, Assistant Attorney General; and Michael Rohling, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE The defendant, Kenneth Beard, entered a plea of guilty to rape, a Class B felony. The trial court imposed a Range I, eight-year sentence. Although the defendant was granted probation, the first year was intensely supervised and the entire term involved special conditions of release. After violating the terms of probation by testing positive for cocaine use and serving nine months in jail, the defendant was reinstated to probation. Shortly thereafter, another probation violation warrant was issued and the trial court required the defendant to serve an additional year in jail as a part of a split confinement sentence. Upon review after the one year period of incarceration, the trial court ordered execution of the original judgment, requiring service of the balance of the term in prison. The judgment of the trial court must be reversed and the cause remanded for service of the sentence on conditional probation. http://www.tba.org/tba_files/TCCA/2005/beardk101305.pdf CORTEZ BENNETT v. STATE OF TENNESSEE Court: TCCA Attorneys: Charles Walker, Nashville, Tennessee, for the Appellant, Cortez Bennett. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Victor S. (Torry) Johnson III, District Attorney General; and Kristen Shea, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER A jury convicted the Petitioner, Cortez Bennett, of first degree premeditated murder, felony murder, attempted first degree murder, and two counts of especially aggravated robbery. This court affirmed the convictions on direct appeal and the Tennessee Supreme Court denied review. The Petitioner filed a petition for post-conviction relief, which the post-conviction court dismissed after a hearing. The Petitioner appeals, contending that his trial counsel rendered ineffective assistance of counsel at trial. After thoroughly reviewing the record and the applicable law, we conclude that there exists no reversible error. Accordingly, we affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/2005/bennettc101305.pdf JASON CRAWFORD v. STATE OF TENNESSEE Court: TCCA Attorneys: John Dixon, John H. Baker, III, and Donald M. Bulloch, Jr., Murfreesboro, Tennessee, for the appellant, Jason Crawford. Paul G. Summers, Attorney General & Reporter; Benjamin A. Ball, Assistant Attorney General; and Paul Newman, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE The petitioner, Jason Crawford, appeals the denial of his petition for post-conviction relief. The single issue presented for review is whether he was denied the effective assistance of counsel. The judgment of the post-conviction court is affirmed. http://www.tba.org/tba_files/TCCA/2005/crawfordj101305.pdf STEVEN PAUL DESKINS v. STATE OF TENNESSEE Court: TCCA Attorneys: Dwight E. Scott, Nashville, Tennessee, for the appellant, Steven Deskins. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Bernard F. McEvoy, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH The petitioner, Steven Paul Deskins, was convicted of seven (7) counts of rape of a child and four (4) counts of aggravated sexual battery. On appeal, this Court reversed one (1) of the petitionerâs convictions for aggravated sexual battery, finding that it violated due process and double jeopardy, but otherwise affirmed the remaining convictions. See State v. Steven Paul Deskins, No. M200201808-CCA-R3-CD, 2003 WL 21957083 (Tenn. Crim. App., at Nashville, Aug. 14, 2003), perm. app. denied (Tenn. Jan. 5, 2004). The petitioner filed a petition for post-conviction relief alleging, inter alia, ineffective assistance of counsel. Following an evidentiary hearing, the post-conviction court denied post-conviction relief. After a thorough review of the record and the applicable authorities, we affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/2005/deskinss101305.pdf STATE OF TENNESSEE v. BRYAN JOHN DROST Court: TCCA Attorneys: J. Barney Witherington IV, Covington, Tennessee, for the Appellant, Bryan John Drost. Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; Elizabeth T. Rice, District Attorney General; and Colin Campbell, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES The Appellant, Bryan John Drost, was convicted by a Tipton County jury of possession of .5 grams or more of cocaine with the intent to deliver, and he was subsequently sentenced to ten years and six months confinement in the Department of Correction. On appeal, he challenges the trial courtâs denial of his motion to suppress, arguing that the affidavit given in support of the warrant was insufficient to establish probable cause because: (1) it failed to establish that the informant was, as alleged, a citizen informant; and (2) the affidavit failed to demonstrate the informant's reliability and credibility as required by Jacumin. After review of the record, we find no error and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/2005/drostb101305.pdf STATE OF TENNESSEE v. MICHAEL CARNELL JONES Court: TCCA Attorneys: Ardena J. Garth, District Public Defender and Donna Robinson Miller, Assistant District PublicDefender, for the appellant, Michael Carnell Jones. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant AttorneyGeneral; and Bill Cox, District Attorney General; and Bates Bryan, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH The appellant, Michael Carnell Jones, appeals from the trial courtâs revocation of his communitycorrections sentence. For the following reasons, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/2005/jonesm101305.pdf STATE OF TENNESSEE v. DEON LARKINS Court: TCCA Attorneys: Jonathan E. Richardson, Nashville, Tennessee, for the appellant, Deon Larkins. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Michael Rohling, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH The appellant, Deon Larkins, was convicted by a jury of carjacking. As a result, the trial court sentenced the appellant to twelve (12) years. On appeal, the appellant argues: (1) that the trial court erred in denying his motion to suppress; (2) that the trial court erred in failing to sustain the objections regarding hearsay; (3) that the trial court erred in denying the motion to dismiss based on a false warrant; (4) that the trial court should have granted a mistrial because the jury made a statement that was unfairly prejudicial; (5) that the appellantâs constitutional rights were violated because of a ãsecond settingä of the jury after the first panel of jurors was dismissed; (6) that the trial court erred by not ãbringingä a material witness to testify; (7) that the evidence was insufficient to support the appellantâs conviction; and (8) the appellantâs sentence is excessive. After a thorough review of the evidence, we determine that a number of the appellantâs first six (6) issues are waived for failure to prepare an adequate record for our review. As to the remaining issues, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/2005/larkinsd101305.pdf FREDRICK SLEDGE v. STATE OF TENNESSEE Court: TCCA Attorneys: Gerald Skahan, Memphis, Tennessee, for the appellant, Fredrick Sledge. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; William L. Gibbons, District Attorney General; and Alexia Fulgham, Assistant District Attorney General, for the appellee, the State of Tennessee. Judge: WOODALL Petitioner, Fredrick Sledge, appeals the trial courtâs dismissal of his petition for post-conviction relief. In this appeal, Petitioner argues that his counselâs representation at trial was deficient because he failed to file a motion to suppress Petitionerâs statement to the police, and he failed to investigate Petitionerâs case or interview any witnesses. After a thorough review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/2005/sledgef101305.pdf District Attorney Generalâs Subpoena Authority Under Tenn. Code Ann. ¤ 40-17-123 TN Attorney General Opinions Date: 2004-10-10 Opinion Number: 05-153 http://www.tba.org/tba_files/AG/2005/op153.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? 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