March 23, 1999
Volume 5 -- Number 38

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):
 
01 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
00 New Opinion(s) from the Tennessee Court of Appeals
03 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Judicial Ethics Opinion(s)
01 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Lucian T. Pera
Editor-in-Chief, TBALink



STATE OF TENNESSEE
VS.
RICHARD MADKINS

Court:TSC

Attorneys:                          

For the Appellant:          For Appellee:

Richard Madkins, Pro Se     John Knox Walkup
TDOC # 107546               Attorney General and Reporter
C.C.A.-South Central
  Correctional Center       Michael E. Moore
P. O. Box 279               Solicitor General
Clifton, Tennessee      
                            Elizabeth T. Ryan
                            Assistant Attorney General
                            Nashville, Tennessee


                            At Trial:

                            John W. Pierotti
                            District Attorney General
    
                            Lee V. Coffee
                            Terrell L. Harris
                            Assistant District Attorneys General
                            Memphis, Tennessee

Judge:ANDERSON

First Paragraph:

We granted this appeal to resolve a single issue: whether the
defendant's conviction for attempted felony murder must be reversed
and dismissed under our decision in State v. Kimbrough, 924 S.W.2d 888
(Tenn. 1996), which held that the offense did not exist under
Tennessee statutory law.

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



FORMAL ETHICS OPINION 84-F-73(a) BOARD OF PROFESSIONAL RESPONSIBILITY OF THE SUPREME COURT OF TENNESSEE First Paragraph: Formal Ethics Opinion 84-F-73 was issued by the Board of Professional Responsibility on June 13, 1984, arising out of a criminal case wherein the defendant was charged with first degree murder. The defendant objected to any efforts or actions by appointed defense counsel in his behalf against the imposition of the death penalty in the event that a guilty verdict was returned in the guilt phase of the trial and instructed appointed defense counsel to neither investigate nor present mitigating evidence in the penalty phase of the trial. The defendant was adjudged competent to stand trial. The appointed counsel sought guidance from the Board of Professional Responsibility prior to trial regarding their ethical responsibilities. http://www.tba.org/tba_files/TSC_Rules/FEO84F73a.wp6
STATE OF TENNESSEE VS. ROY L. HOWARD Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CHRISTOPHER VAN RIPER JOHN KNOX WALKUP Stuart & Van Riper Attorney General and Reporter 300 Market St, Ste 200 Clinton, TN 37716 ELLEN H. POLLACK Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 JAMES N. RAMSEY District Attorney General JAN HICKS Assistant District Attorney Room 127, Anderson Co. Courthouse Clinton, TN 37716 Judge:SMITH First Paragraph: On May 2, 1997, the State filed a petition in the Anderson County Criminal Court in which it sought to have Appellee Roy L. Howard declared a motor vehicle habitual offender pursuant to Tennessee Code Annotated sections 55-10-601, et seq. The trial court conducted a hearing on the petition on November 7, 1997, and the court subsequently denied the petition by an order dated February 11, 1998. The State challenges the trial court's denial of its petition. After a review of the record, we must reverse the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Howardro_opn.WP6
STATE OF TENNESSEE VS. LAUREN E. LESLIE AND JANIE WHITEHEAD Court:TCCA Attorneys: FOR LAUREN E. LESLIE: FOR THE APPELLEE: SHARON G. LEE JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter 106 College St., P.O. Box 425 Madisonville, TN 37354-0425 CLINTON J. MORGAN Counsel for the State FOR JANIE WHITEHEAD: Criminal Justice Division 425 Fifth Ave. North CHARLES M. CORN, 2d Floor, Cordell Hull Bldg. District Public Defender Nashville, TN 37243-0493 53-A Central Ave., P. O. Box 1453 JERRY N. ESTES Athens, TN 37364-1453 District Attorney General RICHARD CARSON NEWMAN Assistant District Attorney General 130 Washington Ave., P.O. Box 647 Athens, TN 37371-0647 Judge: WITT First Paragraph: The defendants, Lauren E. Leslie and Janie Whitehead, pleaded guilty in Monroe County Criminal Court to assault, a Class A misdemeanor. In addition, Leslie pleaded guilty to reckless endangerment, also a Class A misdemeanor. The trial court sentenced Leslie to two concurrent sentences of eleven (11) months and twenty-nine (29) days. The trial judge ordered him to serve thirty (30) percent of that sentence as a "standard offender." Whitehead received a sentence of eleven (11) months and twenty-nine (29) days to be suspended after serving the first thirty days in confinement. In addition, the defendants are jointly and severally liable for restitution in the amount of $957. In this direct appeal, the defendants contend that the trial court erred in ordering them to serve a portion of their sentences in confinement. After reviewing the record on appeal and the briefs of the parties, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Lesliel_opn.WP6
STATE OF TENNESSEE VS. JOHNNY MARTIN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CHARLES M. CORN JOHN KNOX WALKUP District Public Defender Attorney General & Reporter WILLIAM C. DONALDSON ELIZABETH B. MARNEY Assistant Public Defender Assistant Attorney General 10th Judicial District 2nd Floor, Cordell Hull Building 110 _ Washington Avenue NE 425 Fifth Avenue North Athens, TN 37303 Nashville, TN 37243 GERALD L. GULLEY, JR. JERRY N. ESTES Attorney at Law District Attorney General P.O. Box 1708 10th Judicial District Knoxville, TN 37901-1708 130 Washington Avenue NE (On Appeal Only) P.O. Box 647 Athens, TN 37371-0647 Judge:WOODALL First Paragraph: The Defendant, Johnny Martin, appeals as of right his conviction for second degree murder following a jury trial in the McMinn County Criminal Court. Defendant was found guilty on January 29, 1985. He was subsequently sentenced to serve thirty (30) years as a Range I Standard Offender on March 1, 1985. He also filed a Motion for New Trial on that same date. For reasons totally unexplained in the record, the trial court did not enter an Order denying the Motion for New Trial until June 3, 1997. The hearing on the Motion for New Trial is not transcribed in the record. However, the trial court's Order indicates the motion was not heard until November 4, 1996. http://www.tba.org/tba_files/TCCA/Martinj_wpd.WP6

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