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TODAY'S OPINIONS: Wednesday, November 02, 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
13 - 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

MORRIS M. DICKSON v. CITY OF MEMPHIS CIVIL SERVICE COMMISSION

Court: TCA

Attorneys:

Sara L. Hall, City Attorney; Jack L. Payne, Jr., Assistant City Attorney, For Appellant, City ofMemphis Civil Service Commission

Darrell J. O'Neal of Memphis For Appellee, Morris M. Dickson

Judge: CRAWFORD

The City of Memphis appeals from the trial courtās reversal of the Civil ServiceCommissionās decision to terminate a City employee/Appellee for violation of the substance abuse policy. The trial court found that the positive drug test, which provided the onlysubstantial and material evidence for Appelleeās termination, was inadmissible as evidence for failure of the City failed to comport with 42 U.S.C. ¤290. We affirm.

http://www.tba.org/tba_files/TCA/2005/dicksonm110205.pdf


STATE OF TENNESSEE v. MICHAEL DEAN BAUGH

Court: TCCA

Attorneys:

Andrew Jackson Dearing, III, Assistant Public Defender, Shelbyville, Tennessee, for theappellant, Michael Dean Baugh.

Paul G. Summers, Attorney General and Reporter; Seth P. Kestner, Assistant AttorneyGeneral;Mike McCown, District Attorney General; and Michael D. Randles and Ann Filer, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: SMITH

The appellant, Michael Dean Baugh, was convicted by a Bedford County jury of burglary andtheft of property under $500. He was sentenced as a multiple offender to seven (7) years, six (6) months for the burglary conviction and eleven (11) months, twenty-nine (29) days for the theftconviction. The trial court ordered the sentences to be served consecutively. After the denial of a motion for new trial, this appeal ensued. On appeal, the appellant argues that the evidence wasinsufficient to convict him of the charges against him and that his sentence is excessive. For the following reasons, we affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/2005/baughm110205.pdf


STATE OF TENNESSEE v. JAMES D. BLACK

Court: TCCA

Attorneys:

Stephen M. Wallace, District Public Defender; and Richard A. Tate, Assistant Public Defender, Blountville, Tennessee, for the appellant, James D. Black.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General, and Robert H. Montgomery, Jr., Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Following a jury trial, Defendant, James D. Black, was found guilty of aggravated perjury, a Class D felony. The trial court sentenced Defendant as a Range I, standard offender, to two years, all suspended but sixty days, and placed Defendant on supervised probation for four years. Defendant challenges the sufficiency of the convicting evidence. After a thorough review of the record, we affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/2005/blackj110205.pdf


STATE OF TENNESSEE v. JAMIE BROWN

Court: TCCA

Attorneys:

Mike Whalen, Knoxville, Tennessee, for the appellant, Jamie Brown.

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; and Randall E. Nichols, District Attorney General; and Ta Kisha Fitzgerald, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

The appellant, Jamie Brown, was convicted by a Knox County Jury of simple possession of marijuana. As a result, the trial court sentenced the appellant to eleven months and twenty-nine days, to be served on probation. On appeal, the appellant challenges the trial courtās denial of a motion to suppress. Because the trial court properly denied the motion to suppress, the judgment of the trial court is affirmed.

http://www.tba.org/tba_files/TCCA/2005/brownj110205.pdf


DARRELL CARTER v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Brent Hensley, Greeneville, Tennessee, for the appellant, Darrell Carter.

Paul G. Summers, Attorney General and Reporter; Brian C. Johnson, Assistant Attorney General; and C. Berkeley Bell, District Attorney General; and Eric D. Christiansen, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

The petitioner, Darrell Carter, pled guilty to five counts of aggravated sexual battery. As a result, he was sentenced to an effective sentence of twenty-one years in the Tennessee Department of Correction to be served at one hundred percent. The petitioner subsequently sought post-conviction relief on the basis of ineffective assistance of counsel and an alleged unknowing and involuntary guilty plea. The post-conviction court denied the petition. For the following reasons, we affirm the post-conviction courtās denial of the petition.

http://www.tba.org/tba_files/TCCA/2005/carterd110205.pdf


TYRONE D. CONLEY v. HOWARD CARLTON
WITH CONCURRING OPINION

Court: TCCA

Attorneys:

Tyrone D. Conley, Pro Se, Mountain City, Tennessee.

Paul G. Summers, Attorney General and Reporter; Brian C. Johnson, Assistant Attorney General; and Joe Crumley, District Attorney General; and Michelle Chapman McIntire, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

The petitioner pled guilty to second degree murder on November 14, 1997. The trial court sentenced the petitioner on the same day to twenty years to be served as a Range I, standard offender with a release eligibility of thirty percent. On July 27, 1999, the trial court amended the judgment stating that the petitionerās release eligibility would be one hundred percent with credit given for time served up to fifteen percent of his sentence. The petitioner filed a petition for habeas corpus relief on October 12, 2004. On November 15, 2004, the habeas court summarily dismissed the petitionerās petition. The petitioner appealed this decision. We affirm the decision of the habeas court.

http://www.tba.org/tba_files/TCCA/2005/conleyt110205.pdf

CONCURRING OPINION
http://www.tba.org/tba_files/TCCA/2005/conleyt_con110205.pdf


STATE OF TENNESSEE v. RICHARD FRANK DāANTONIO

Court: TCCA

Attorneys:

Ross E. Alderman, District Public Defender, and Jeffrey A. Devasher and Patrick Frogge,Assistant Public Defenders, for the appellant, Richard Frank DāAntonio.

Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan, Senior Counsel; Victor S.(Torry) Johnson, III, District Attorney General; and Tom Thurman and Kathy Morante, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant appeals his conviction for premeditated first degree murder and presents nineissues for review: (1) Sufficiency of the evidence; (2) Failure to dismiss the indictment due to prosecutorial delay; (3) Failure to suppress the defendantās statements; (4) Failure to suppress acrime scene photograph; (5) Admission of hearsay under the state of mind exception; (6) Admission of hearsay under the co-conspirator exception; (7) Admission of conduct andactivities by Chuck Dixon with Cashbox magazine; (8) Admission of a tape recording and transcript of the defendantās conversations; and (9) Error in instructing the jury on aiding andabetting. After careful review, we find no reversible error and affirm the defendantās conviction.

http://www.tba.org/tba_files/TCCA/2005/dantoniorf110205.pdf


STATE OF TENNESSEE v. JASON L. HOLLEY

Court: TCCA

Attorneys:

Cynthia F. Burns, Nashville, Tennessee, for the appellant, Jason L. Holley.

Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger, Assistant Attorney General;and Dan Hamm, Tammy Meade, and Katrin Miller, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WADE

The defendant, Jason Holley, pled guilty to four separate charges of possession with intent to sellmore than .5 grams of cocaine, a Class B felony. See Tenn. Code Ann. ¤ 39-17-417 (2003). Pursuant to a plea agreement, the trial court imposed a Range I, twelve-year sentence for eachconviction, to be served concurrently. The defendant was permitted by the Department of Correction to attend the boot camp program and, upon his successful completion of that program,was placed on probation and supervised by the Board of Probation and Parole. See Tenn. Code Ann. ¤ 40-20-206 (2003). More than two years later, a violation warrant was issued and the trialcourt revoked his probation and ordered the original sentence into execution. One week after the revocation, the defendant filed a pro se notice of appeal. Three months later, the defendantentered into an agreement with the state whereby he agreed to plead guilty to the violation of his probation in exchange for the state's dismissal of other criminal charges. Two months later, thedefendant filed a motion in the trial court seeking either a suspended sentence or admission into a drug court program. The trial court denied the motion and the defendant again appealed. Thiscourt consolidated the two appeals and the following issues are presented for our review: (1) whether the trial court erred by revoking probation and ordering service of the sentence, and (2)whether the trial court erred by denying the defendant's motion for a suspended sentence. The judgment of the trial court is affirmed.

http://www.tba.org/tba_files/TCCA/2005/holleyj110205.pdf


ELI J. LANDRY, JR. v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Thomas B. Luck, Nashville, Tennessee, for the appellant, Eli J. Landry, Jr.

Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General;Victor S. Johnson, III, District Attorney General; and Bret Gunn, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The petitioner, Eli J. Landry, Jr., pled guilty in the Davidson County Criminal Court to twocounts of aggravated sexual battery, a Class B felony, and the trial court sentenced him as a Range II, multiple offender to concurrent sentences of thirteen years. Subsequently, thepetitioner filed a petition for post-conviction relief, alleging that he received the ineffective assistance of trial counsel and that his guilty pleas were not knowingly and intelligently entered.The post-conviction court denied the petition, and the petitioner appeals. Upon review of the record and the partiesā briefs, we affirm the judgment of the post-conviction court.

http://www.tba.org/tba_files/TCCA/2005/landrye110205.pdf


STATE OF TENNESSEE v. CURTIS EMMANUEL LANE

Court: TCCA

Attorneys:

Mark E. Stephens, District Public Defender and Robert C. Edwards, Assistant Public Defender, for the appellant, Curtis Emmanuel Lane.

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; and Randall E. Nichols, District Attorney General; and Zane Scarlett, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

The appellant, Curtis Emmanuel Lane, pled guilty to simple possession of marijuana and was sentenced to eleven months and twenty-nine days, suspended upon payment of court costs and fines. Pursuant to Rule 37 (b)(2)(i) of the Tennessee Rules of Criminal Procedure, the appellant attempted to reserve a certified question of law to this Court on the issue of whether the evidence should have been suppressed as the result of an illegal arrest. After a thorough review of the record, we conclude that the appellant failed to properly reserve a certified question of law. Therefore, the appellantās issue is not properly before this Court, and this appeal is dismissed.

http://www.tba.org/tba_files/TCCA/2005/lanec110205.pdf


STATE OF TENNESSEE v. HOMER ALSON MADDIN, III

Court: TCCA

Attorneys:

B. F. ćJackä Lowery and G. Jeff Cherry, Lebanon, Tennessee, for the appellant, Homer AlsonMaddin, III.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General;Victor S. Johnson, District Attorney General; and Amy Eisenbeck, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

The appellant, Homer Alson Maddin, III, was convicted by a jury of four counts of aggravatedrape in violation of Tennessee Code Annotated section 39-13-502. As a result, the appellant was sentenced to an effective sentence of twenty-five years at one hundred percent. The appellantappeals, arguing that the trial court erred in instructing the jury on the mental state of reckless, and that the trial court erred in applying certain enhancement factors to determine his sentence.For the following reasons, we affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/2005/maddinh110205.pdf


STATE OF TENNESSEE v. JASON D. NORRIS

Court: TCCA

Attorneys:

Glenn R. Funk, Nashville, Tennessee, for the Appellant, Jason D. Norris.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant AttorneyGeneral; Victor S. Johnson III, District Attorney General; and David Vorhaus, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

The Appellant, Jason D. Norris, appeals the sentencing decision of the Davidson CountyCriminal Court. Pursuant to a plea agreement, Norris pled guilty to five counts of aggravated robbery, stemming from two separate indictments, with the manner and service of the sentencesto be determined by the trial court. Following a sentencing hearing, Norris was sentenced to eight years for each conviction, with two of the sentences to be served consecutively, for aneffective sentence of sixteen years. On appeal, he argues that his sentences are excessive and that the trial court erred by ordering total confinement as opposed to sentences of communitycorrections. Additionally, Norris argues that the imposition of consecutive sentences violates Blakely v. Washington. After review, we affirm.

http://www.tba.org/tba_files/TCCA/2005/norrisj110205.pdf


STATE OF TENNESSEE v. CHRISTOPHER PARSLEY

Court: TCCA

Attorneys:

John G. Mitchell and Valerie L. Malueg, Murfreesboro, Tennessee, for the appellant, ChristopherParsley.

Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney, Assistant AttorneyGeneral; William C. Whitesell, Jr., District Attorney General; and J. Paul Newman, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant, Christopher David Parsley, appeals his sentence of three years for aggravatedburglary and one year for sexual battery, to be served concurrently. A split confinement sentence was imposed of seven months to serve followed by three years of supervised probation.The defendant contends that the trial court erred in failing to grant judicial diversion or, alternatively, full probation. After review, we affirm the sentence of the trial court.

http://www.tba.org/tba_files/TCCA/2005/parsleyc110205.pdf


STATE OF TENNESSEE v. LYLE T. VAN ULZEN andBILLY J. COFFELT

Court: TCCA

Attorneys:

Cindy Burnes, Nashville, Tennessee, for the Appellant, Lyle T. Van Ulzen; and Mike J.Urquhart, Nashville, Tennessee, for the Appellant, Billy J. Coffelt.

Paul G. Summers, Attorney General and Reporter; Rachael E. Willis, Assistant AttorneyGeneral; Victor S. Johnson III, District Attorney General; and Jim Sledge, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

The Defendants, Lyle T. Van Ulzen and Billy J. Coffelt, were each convicted of one count offelony escape, two counts of aggravated assault, and three counts of especially aggravated kidnapping and were each sentenced to an effective sentence of ninety years in prison. Coffeltnow appeals, contending that: (1) the trial court erred in sentencing the Defendant when it found that no mitigating factors applied; and (2) the trial court erred when it ordered that his sentencesrun consecutively. Van Ulzen also appeals, contending that the sentence imposed was not justly deserved in relation to the seriousness of the offense and is greater than that deserved under thecircumstances. Finding no error, we affirm the judgments of the trial court.

http://www.tba.org/tba_files/TCCA/2005/vanulzenl110205.pdf


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