Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts and the TN Attorney General.
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THELMA J. RICKETTS, v. JUNE CARTER, Court:TSC For Plaintiff-Appellee: For Defendant-Appellant: Timothy A. Ryan, III Reid Phillips Memphis, Tennessee Memphis, Tennessee Michael L. Robb John H. Dotson Thomason, Hendrix, Harvey, Johnson & Mitchell Memphis, Tennessee First Paragraph: In this personal injury case stemming from an automobile accident, the defendant, June Carter, appeals from the Court of Appeals' affirmance of the trial court's denial of her motion for new trial. This case presents the following issue for our determination: whether the trial court erred by refusing to inquire into a sworn jurors impartiality after that juror had been involved in automobile accident on her way to court, and had received injuries similar to those incurred by the plaintiff. URL:http://www.tba.org/tba_files/TSC/RICKETTS.OPN.WP6 STATE OF TENNESSEE, v. WAYNE M. TRUSTY, Court:TSC For Appellant: For Appellee: A. C. Wharton, Jr. Charles W. Burson District Public Defender Attorney General & Reporter Walker Gwinn Michael E. Moore Assistant Public Defender Solicitor General William David Bridges Assistant Attorney General John W. Pierotti District Attorney General Judson W. Phillips Asst District AG First Paragraph: The question in this case is whether one indicted for attempted first-degree murder may be convicted of aggravated assault. Aggravated assault, as defined in Tennessee Code Annotated Section 39-13-102, is neither a lesser grade or class of attempted first-degree murder nor a lesser included offense of first-degree murder. Under Tennessee law, a conviction for an unindicted offense that is not a lesser degree of the offense charged or a lesser included offense may not stand. URL:http://www.tba.org/tba_files/TSC/TRUSTYWM.OPN.WP6 LAURENCE ARMOUR, v. STATE OF TENNESSEE, Court:TCA LAURENCE ARMOUR, Pro Se, Memphis. BEAUCHAMP E. BROGAN, General Counsel, The University of Tennessee, Memphis, and ODELL HORTON, JR., Associate General Counsel, Attorneys for Defendant/Appellee. First Paragraph: Laurence E. Armour (claimant) filed suit pro se against the State of Tennessee (defendant) before the Tennessee Claims Commission seeking damages for injuries to his left thumb due to the alleged malpractice of two medical resident physicians at the University of Tennessee Center for Health Care Sciences in Memphis. Defendant filed a motion for summary judgment, which the Commissioner granted. URL:http://www.tba.org/tba_files/TCA/ARMOUR.OPN.WP6 STATE OF TENNESSEE, v. KEVIN E. ANDERSON, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: F. Mitchell Gibson, Jr. Charles W. Burson Attorney at Law Attorney General/Reporter 1416 Parkway Towers 450 James Robertson Parkway 404 James Robertson Parkway Nashville, TN 37234-0497 Nashville, TN 37219 John P. Cauley Assistant Attorney General Victor S. Johnson, III District Attorney General Bernard F. McEvoy Asst. District AG First Paragraph: The appellant, Kevin E. Anderson, was convicted of vehicular homicide, a Class C felony, and leaving the scene of an accident involving death, a Class E felony, by a jury of his peers. The trial court found that the appellant was a standard offender and imposed the following Range I sentences: (a) a fine of $10,000 and confinement for six (6) years in the Davidson County Jail for vehicular homicide, and (b) a fine of $1,000 and confinement for one (1) year in the Davidson County Workhouse for leaving the scene of an accident. URL:http://www.tba.org/tba_files/TCCA/ANDERSNK.OPN.WP6 STATE OF TENNESSEE, v. JOE T. BAKER, Court:TCCA For the Appellant: For the Appellee: Wade Bobo Charles W. Burson Attorney Attorney General and Reporter 129 South Third Street 450 James Robertson Parkway Clarksville, TN 37040 Nashville, TN 37243-0493 and Michael E. Moore Solicitor General James A. Simmons Attorney and 1707 Division Street Suite 100 Michael W. Catalano Nashville, TN 37203 Associate Solicitor General 500 Charlotte Avenue Nashville, TN 37243 Steve Garrett Assistant District Attorney 204 Franklin Street Suite 200 Clarksville, TN 37041 First Paragraph: The defendant, Joe T. Baker, appeals of right from his conviction for felony murder. The state had unsuccessfully sought the death penalty. The trial court imposed a life sentence. URL:http://www.tba.org/tba_files/TCCA/BAKERJT.OPN.WP6 MARTIN BARLOW, III, v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Martin Barlow, III, Pro Se Charles W. Burson Southeastern TN State Attorney General & Reporter Regional Correctional Annex Route 4, Box 600 Charlotte H. Rappuhn Pikeville, TN 37367-9243 Assistant Attorney General Criminal Justice Division Robin Harris Legal Assistant William M. Locke District Attorney General C. Michael Layne Asst. Dist. AG (former) First Paragraph: The appellant, Martin Barlow, III, was indicted for first degree murder. While on bond, he voluntarily admitted himself to a private mental health facility. He was committed for approximately 421 days. Following the state's decision to try him as an adult, the appellant entered a negotiated plea to second degree murder in 1988. He received a sentence of 16 years confinement less 108 days credit for time spent in the private mental health facility. URL:http://www.tba.org/tba_files/TCCA/BARLOWM.OPN.WP6 STATE OF TENNESSEE, v. DEWAYNE FOSTER, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Comer L. Donnell Charles W. Burson District Public Defender Attorney General & Reporter Howard L. Chambers Clinton J. Morgan Asst. Public Defender Counsel for the State Connie Massey District AG, Pro Tem Doug Hall Asst. Dist. Attorney General First Paragraph: The appellant, Dewayne Foster, pled guilty pursuant to a plea agreement to aggravated assault. Sentenced as a Range II multiple offender, the appellant received a ten-year sentence running consecutively to two existing sentences. In this appeal, the appellant raises two issues for review. First, he claims that the trial court imposed an excessive sentence. Secondly, he alleges error in the trial court's decision to run his sentence consecutively to the existing sentences. URL:http://www.tba.org/tba_files/TCCA/FOSTERD.OPN.WP6 STATE OF TENNESSEE, v. BUFORD E. GAITER, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Terry A. Fann Charles W. Burson Attorney at Law Attorney General & Reporter Murfreesboro, TN Nashville, TN Cecil H. Ross Assistant Attorney General Guy R. Dotson District Attorney General William C. Whitesell, Jr. Assistant District AG Gregory M. Reed Assistant District AG First Paragraph: The appellant, Buford E. Gaiter, was convicted of facilitation of a felony, murder in the first degree, a Class A felony, and attempt to commit especially aggravated robbery, a Class B felony, by a jury of his peers. The trial court, finding that the appellant was a standard offender, imposed the following Range I sentences: (a) facilitation of a felony, confinement for twenty-two (22) years in the Department of Correction and (b) attempt to commit especially aggravated robbery, confinement for eleven (11) years in the Department of Correction. URL:http://www.tba.org/tba_files/TCCA/GAITER.OPN.WP6 STATE OF TENNESSEE, v. DANNY LEE HOLDER, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Andrew Jackson Dearing, III Charles W. Burson Attorney at Law Attorney General & Reporter Michael J. Fahey, II Assistant Attorney General W. Michael McCown District Attorney General Weakley E. Barnard Assistant District AG First Paragraph: The appellant, Danny Lee Holder, was convicted of raping a child, a Class A felony, by a jury of his peers. The trial court sentenced the appellant to confinement for twenty-three (23) years in the Department of Correction. Three basic issues are presented for review. The appellant contends that the evidence is insufficient to sustain his conviction; the sentence imposed by the trial court is excessive; and Tenn. Code Ann. 39-13-523, which requires a person convicted of child rape to serve the entire sentence imposed by the trial court, is unconstitutional. URL:http://www.tba.org/tba_files/TCCA/HOLDERDL.OPN.WP6 STATE OF TENNESSEE, v. JAMES E. JOHNSON, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL R. JONES CHARLES W. BURSON 19th District Public Defender Attorney General/Reporter MICHELLE L. LEHMANN Assistant Attorney General JOHN CARNEY District Attorney General DENT MORRISS Assistant District AG First Paragraph: This is a direct appeal pursuant to Rule 37(b)(2) of the Tennessee Rules of Criminal Procedure from a plea of nolo contendere. In the Defendant's plea agreement, all charges were dropped except for one count of possession of a schedule II drug with intent to sell. He was sentenced to six years as a Range I offender. In his plea of nolo contendere, the Defendant expressly reserved a certified question of law that is dispositive of the case. The certified question of law stems from the trial court's denial of the defendant's motion to suppress. URL:http://www.tba.org/tba_files/TCCA/JOHNSONJ.OPN.WP6 STEPHEN R. MASSEY, v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Hershell D. Koger Charles W. Burson 135 N. First Street Attorney General & Reporter P.O. Box 1148 Pulaski, TN 38478 William David Bridgers Assistant Attorney General Mike Bottoms District Attorney General Richard H. Dunavant Asst. Dist. Attorney General First Paragraph: The petitioner, Stephen R. Massey, brings this appeal challenging the trial court's dismissal of his petition for post-conviction relief. Specifically, he claims that (1) the trial court erred in holding that the failure to provide petitioner with a preliminary hearing on his probation revocation was not error, (2) his due process and Fourth Amendment rights were denied when he was arrested pursuant to what petitioner labels an "unlawful warrant," and (3) his counsel was ineffective. URL:http://www.tba.org/tba_files/TCCA/MASSEYS.OPN.WP6 JAMES R. MILLER, v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: JAMES R. MILLER, Pro Se CHARLES W. BURSON District Attorrney General MICHELLE L. LEHMANN Assistant District AG MIKE BOTTOMS District Attorney General JAMES G. WHITE Assistant District AG First Paragraph: This is an appeal from an order of the trial court dismissing a petition for writ of habeas corpus. The trial judge found that the petition failed to state a claim appropriate for habeas corpus relief. The trial judge further found that the court did not have jurisdiction to entertain the petition as a petition for post-conviction relief, because the petition had not been filed in the court of the Defendant's conviction. URL:http://www.tba.org/tba_files/TCCA/MILLERJR.OPN.WP6 STATE OF TENNESSEE, v. LESTER A. PEAVYHOUSE, Court:TCCA For the Appellant: For the Appellee: Russel A. Church Charles W. Burson Asst. Public Defender Attorney General and Reporter William David Bridgers Assistant Attorney General John Wesley Carney, Jr. District Attorney General Arthur F. Bieber Asst. District Attorney General Edward DeWerff Asst. District Attorney General First Paragraph: The appellant, Lester A. Peavyhouse, was convicted of two counts of first degree murder, one count of attempted first degree murder, one count of attempted second degree murder, four counts of aggravated assault with a deadly weapon, and one count of possession of an unlawful weapon. The appellant received two life sentences for the first degree murder convictions (counts one and two), to be served consecutively. URL:http://www.tba.org/tba_files/TCCA/PEAVYH.OPN.WP6 ERIC PENDLETON, v. STATE OF TENNESSEE, Court:TCCA For the Appellant: For the Appellee: Justin Johnson Charles W. Burson 2131 Murfreesboro Rd. Attorney General of Tennessee Nashville, TN 37217 and Christina S. Shevalier Assistant Attorney General of TN Victor S. Johnson, III District Attorney General and Paul DeWitt Assistant District AG First Paragraph: This case was remanded by the Tennessee Supreme Court for our consideration in light of House v. State, 911 S.W.2d 705 (Tenn. 1995). In our previous opinion, we reversed the Davidson County Criminal Court's dismissal of the petitioner's third post-conviction petition and remanded the case for an evidentiary hearing regarding waiver. In light of House, we conclude that the trial court's dismissal of the petitioner's petition should be affirmed. URL:http://www.tba.org/tba_files/TCCA/PENDLETO.OPN.WP6 STATE OF TENNESSEE, v. JOSEPH MICHAEL SHELTON, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: GERALD L. MELTON CHARLES W. BURSON District Public Defender Attorney General & Reporter 201 West Main St., Suite 101 Murfreesboro, TN 37130 JOHN P. CAULEY Asst. Attorney General GUY R. DOTSON District Attorney General DAVID L. PUCKETT Asst. District AG First Paragraph: The defendant was indicted for aggravated burglary and especially aggravated kidnapping. On May 24, 1994, he was found guilty at a jury trial on both charges. The trial court sentenced the defendant to sixteen years for especially aggravated kidnapping and to three years for aggravated burglary. The sentences were ordered to run concurrently. URL:http://www.tba.org/tba_files/TCCA/SHELTONJ.OPN.WP6 WILLIAM CARLOS THOMAS v. STATE OF TENNESSEE, Court:TCCA For the Appellant: For the Appellee: ON APPEAL: Charles W. Burson Attorney General and Reporter Richard J. Brodhead Cedars Center Sharon S. Selby 307 West Main Street Assistant Attorney General Lebanon, TN 37087 Tom P. Thompson, Jr. District Attorney General First Paragraph: The appellant, William Carlos Thomas, appeals from an order entered by the Criminal Court for Wilson County dismissing his petition for post-conviction relief. The appellant raises the following twelve issues for our review: URL:http://www.tba.org/tba_files/TCCA/THOMASWC.OPN.WP6
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