January 19, 1999
Volume 5 -- Number 008

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink from Tennessee's three appellate courts.

This Issue (IN THIS ORDER):
 
03 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Court of Appeals
05 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

There are three ways for TBALink members to get the full-text versions of these opinions from the Web:

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.

*NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original WordPerfect 6.0 version of the opinion.

Click the URL at end of each Opinion paragraph below. This option will allow you to download the original WordPerfect 6.0 document.

Lucian T. Pera
Editor-in-Chief, TBALink

		
STATE OF TENNESSEE
VS.
VAUGHN MIXON

Court:TSC

Attorneys:  

For State-Appellee:                 For Defendant-Appellant:

John Knox Walkup                    George Morton Googe,
Attorney General & Reporter         District Public Defender 
                                    26th Judicial District
Michael E. Moore                    Jackson, Tennessee
Solicitor General

Elizabeth T. Ryan
Assistant Attorney General
Nashville, Tennessee

James G. Woodall
District Attorney General
Twenty-Sixth Judicial District
Jackson, Tennessee

Don Allen
Assistant District Attorney General
Jackson, Tennessee                        

Judge:DROWOTA

First Paragraph:

We granted this appeal to determine: (1) when a judgment becomes
"final" and triggers the one-year coram nobis statute of limitations;
and (2) whether a petition for writ of error coram nobis may be filed
in the trial court during the pendency of an appeal as of right from a
conviction.

We conclude that a judgment becomes final, and the one-year coram
nobis statute of limitations begins to run, thirty days after entry of
the judgment in the trial court if no post-trial motion is filed, or
upon entry of an order disposing of a timely filed post-trial motion. 
As a result, in most instances, to be timely, a petition for writ of
error coram nobis generally will be filed during the pendency of an
appeal as of right.

http://www.tba.org/tba_files/TSC/Mixonv_opn.WP6



REBA RECTOR VS. DACCO Court:TSC Judge:PER CURIAM First Paragraph: This case is before the Court upon motion for review pursuant to Tenn. Code Ann. S 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference; Whereupon, it appears to the Court that the motion for review is not well-taken and should be denied; and It is, therefore, ordered that the Panel's findings of fact and conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court. http://www.tba.org/tba_files/TSC/rectorr_jo.WP6
JENNIFER O. WILSON VS. LARRY ARNOLD WILSON ORDER Court:TSC Attorneys: Judge:PER CURIAM First Paragraph: The plaintiff-appellee, Jennifer O. Wilson, has filed a petition for rehearing in this case which the Court has considered and is of the opinion that the petition should be denied. The members of the Court adhere to the positions stated in the original opinions filed in this cause. http://www.tba.org/tba_files/TSC/Wilsonjo_prh.WP6
DENNIS B. CAIRE and CHERYL F. CAIRE VS. McLEMORE FOOD STORES, INC., and GAS TO GO, INC. Court:TCA Attorneys: Stevan L. Black, Memphis, Tennessee Vickie L. Hardy, Memphis, Tennessee Attorneys for Plaintiffs/Appellants. John W. Leach, SPICER, FLYNN & RUDSTROM, PLLC, Memphis, Tennessee, Attorney for Defendant/Appellee McLemore Foods Stores, Inc. James W. Causey, Memphis, Tennessee David S. Walker, Memphis, Tennessee Attorneys for Defendant/Appellee Gas to Go, Inc. Judge:FARMER First Paragraph: Plaintiffs Dennis B. Caire and his wife, Cheryl F. Caire, appeal the trial court's order which granted the motions for directed verdict made by Defendants/Appellees McLemore Food Stores, Inc., and Gas to Go, Inc., in this premises liability action. In granting the Defendants' motions for directed verdict, the trial court ruled that the Caires failed to show that the Defendants either created or had knowledge of a dangerous condition on their premises. We affirm the trial court's judgment. http://www.tba.org/tba_files/TCA/cairedb_opn.WP6
GARY (JAKE) HARRIS VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Gary (Jake) Harris, pro se John Knox Walkup W. Tenn. High Sec. Facility Attorney General & Reporter P. O. Box 1050 425 Fifth Avenue, North Henning, TN 38041 Nashville, TN 37243-0493 Todd R. Kelley Assistant Attorney General 425 Fifth Avenue, North Nashville, TN 37243-0493 David E. Crockett District Attorney General Route 19, Box 99 Johnson City, TN 37601 Kent W. Garland Assistant District Attorney General Unicoi County Courthouse Erwin, TN 37650 Judge:LAFFERTY First Paragraph: The appellant, Gary Harris, referred herein as the petitioner, appeals as of right from the summary dismissal of his petition for post-conviction relief by the Unicoi County Criminal Court. The trial court entered an order dismissing the petition for post-conviction relief on the basis that the petition, taken as a whole, did not state a colorable claim for post-conviction relief. http://www.tba.org/tba_files/TCCA/harrisgj_opn.WP6
STATE OF TENNESSEE VS. GEORGE RUDOLF (RUDY) HOLLOWAY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Katherine J. Kroeger John Knox Walkup Assistant Public Defender Attorney General & Reporter 101 South Main Street, Suite 450 425 Fifth Avenue, North Clinton, TN 37716 Nashville, TN 37243-0493 J. Thomas Marshall, Jr. Clinton J. Morgan District Public Defender Assistant Attorney General 101 South Main Street, Suite 450 425 Fifth Avenue, North Clinton, TN 37716 Nashville, TN 37243-0493 James N. Ramsey District Attorney General 127 Anderson County Courthouse Clinton, TN 37716 Janice G. Hicks Asst District Attorney General 127 Anderson County Courthouse Clinton, TN 37716 Judge:LAFFERTY First Paragraph: The appellant, George Rudolf Holloway, referred herein as the defendant, appeals as of right from the judgment of the Anderson County Criminal Court denying probation. The defendant was convicted of two counts of sale of cocaine, a Class C felony. The defendant entered two pleas of guilty and agreed to three-year concurrent sentences and a $2,000 fine for each count. The defendant requested a probation hearing. At the conclusion of the sentencing hearing, the trial court denied the defendant an alternative sentence and ordered the defendant to confinement in the Department of Correction. http://www.tba.org/tba_files/TCCA/hllwaygr_opn.WP6
GREGORY MORGAN VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Ashley L. Ownby Charles W. Burson 180 N. Ocoee Street Attorney General of Tennessee P.O. Box 176 and Cleveland, TN 37364-0176 Marvin E. Clements, Jr. Asst Attorney General of Tennessee 425 Fifth Avenue North Nashville, TN 37243-0493 Jerry N. Estes District Attorney General 203 E. Madison Avenue Athens, TN 37303-0647 Judge:TIPTON First Paragraph: The petitioner, Gregory Morgan, appeals as of right from the Bradley County Criminal Court's order denying him post-conviction relief from his 1990 first degree felony murder conviction and resulting life sentence. The judgment of conviction was affirmed on appeal. State v. Morgan, 825 S.W.2d 113 (Tenn. Crim. App. 1991). http://www.tba.org/tba_files/TCCA/morgang_opn.WP6
STATE OF TENNESSEE VS. ROBERT STRICKLAND Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JULIE A. MARTIN JOHN KNOX WALKUP P. O. Box 426 Attorney General and Reporter Knoxville, TN 37901-0426 CLINTON J. MORGAN Counsel for the State 425 Fifth Avenue North Nashville, TN 37243-0493 MIKE FLYNN District Attorney General PHILIP MORTON Assistant District Attorney 363 Court Street Maryville, TN 37804 Judge:SMITH First Paragraph: The appellant, Robert B. Strickland, pled guilty to two (2) counts of violating the Habitual Motor Vehicle Offender Act ("HMVO Act"), a Class E felony. The trial court sentenced him as a Range II offender to consecutive sentences of three (3) years and six (6) months on each count. On appeal, Appellant claims that the trial court imposed excessive sentences. After a thorough review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/strickro_opn.WP6
STATE OF TENNESSEE VS. RUSSELL WEMBLEY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GERALD L. GULLEY, JR. JOHN KNOX WALKUP P.O. Box 1708 Attorney General and Reporter Knoxville, TN 37901-1708 CLINTON J. MORGAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 MIKE FLYNN District Attorney General PHILIP MORTON Assistant District Attorney General 363 Court Street Maryville, TN 37804 Judge:WELLES First Paragraph: The Defendant, Russell Wembley, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. He was convicted, upon his plea of guilty, of one count of delivery of cocaine, a Class B felony. The agreed sentence was eight years as a Range I standard offender. The manner of service of the sentence was left to the discretion of the trial judge. After conducting a sentencing hearing, the trial judge ordered that the Defendant serve one year in the county jail, with the balance to be served in the community corrections program. The Defendant appeals from the trial judge's order that one year of his sentence be served in confinement. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/wembleru_opn.WP6

PLEASE FORWARD THIS EMAIL!
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 intrsuctions at the beginning of this edition of Opinion Flash.

JOIN TBALink!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/

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!

For the
Plain Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
SUBSCRIBE
3) Leave the body of the message blank

For the HTML Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
SUBSCRIBE HTML
3) Leave the body of the message blank

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

To STOP receiving TBALink Opinion-Flash:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
UNSUBSCRIBE
3) Leave the body of the message blank


© Copyright 1999 Tennessee Bar Association