July 21, 1999
Volume 5 -- Number 102

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):
 
00 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
 

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Lucian T. Pera
Editor-in-Chief, TBALink


JOHN MICHAEL GORSKI
VS.
LINDA EMILY GORSKI RAGAINS

Court:TCA

Attorneys:                          
For Plaintiff/Appellant:        For Defendant/Appellee:

Joe P. Binkley, Jr.             Michael W. Edwards
Nashville, Tennessee            Hendersonville, Tennessee

Judge:KOCH

First Paragraph:

This appeal stems from a protracted post-divorce custody dispute. 
Shortly after the divorce, the father filed a change of custody petition
in Division II of the Sumner County General Sessions Court, and the
court awarded him primary physical custody on a temporary basis.  Over
two years later, the general sessions court dismissed the father's
petition and ordered that the children be returned to their mother.  We
vacate the order dismissing the father's change of custody petition
because the evidence does not support the general sessions court's
conclusion that there had been no material change in the children's
circumstances since the divorce.

http://www.tba.org/tba_files/TCA/Gorskijm_opn.WP6



JERRY LEE CRAIGMIRE VS. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: Mark E. Stephens John Knox Walkup District Public Defender Attorney General and Reporter 1209 Euclid Avenue 425 Fifth Avenue North Knoxville, TN 37921 Nashville, TN 37243-0493 Paula R. Voss Elizabeth B. Marney Assistant Public Defender Assistant Attorney General 1209 Euclid Avenue Criminal Justice Division Knoxville, TN 37921 425 Fifth Avenue North Nashville, TN 37243-0493 John Halstead Assistant Public Defender Robert Jolley 1209 Euclid Avenue Assistant District Attorney General Knoxville, TN 37921 City-County Building Knoxville, TN 37902 Judge:OGLE First Paragraph: The petitioner, Jerry Lee Craigmire, appeals the Knox County Criminal Court's dismissal of his petition for post-conviction relief. On appeal, the petitioner raises the following issues for our review: 1. Whether his conviction as an habitual offender violated the doctrine of collateral estoppel. 2. Whether the trial court's instructions to the jury at the conclusion of the petitioner's habitual criminal trial shifted the burden of proof to the petitioner, thereby violating his right to due process. 3. Whether the actions of the trial court and the prosecutor during closing arguments in the petitioner's habitual criminal trial denied the petitioner the effective assistance of counsel, due process, and a fair trial. 4. Whether the petitioner's counsel was ineffective at trial and on direct appeal in failing to raise the issues relating to collateral estoppel and the petitioner's closing argument. Following a thorough review of the record and the parties' briefs, we affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/Craigmir_opn.WP6
STATE OF TENNESSEE VS. CHARLES HAMES Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ARVIN H. REINGOLD PAUL G. SUMMERS Attorney at Law Attorney General & Reporter Suite 401, Park Plaza Bldg 1010 Market Street ELLEN H. POLLACK Chattanooga, TN 37402 Assistant Attorney General 425 Fifth Ave. N., 2d Floor Nashville, TN 37243-0493 JERRY N. ESTES District Attorney General SANDRA N. C. DONAGHY Asst District Attorney General P.O. Box 1351 Cleveland, TN 37364 Judge:WITT First Paragraph: The defendant, Charles Hames, appeals from his jury conviction for theft over $10,000 but less than $60,000 in the Bradley County Criminal Court. The trial court imposed a three year sentence in the Tennessee Department of Correction. In this direct appeal, the defendant challenges the admission of testimony by the state's expert, Buddy Kimsey, regarding the amount of theft. After a review of the record, the briefs of the parties, and the applicable law, we affirm. http://www.tba.org/tba_files/TCCA/Hamesc_opn.WP6
STATE OF TENNESSEE VS. JAMES D. HORN Court:TCCA Attorneys: For Appellant: For Appellee: Julie A. Martin John Knox Walkup P.O. Box 426 Attorney General and Reporter Knoxville, TN 37901-0426 450 James Robertson Parkway Nashville, TN 37243-0493 Richard Tate Assistant Public Defender R. Stephen Jobe Blountville, TN 37617 Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North, 2nd Floor Nashville, TN 37243-0493 Teresa M. Smith and Ed Wilson Asst District Attorneys General Blountville, TN 37617 Judge:OGLE First Paragraph: The appellant, James D. Horn, was convicted by a jury in the Sullivan County Criminal Court of thirty-one counts of aggravated burglary, eighteen counts of theft of property valued between one thousand and ten thousand dollars, one count of theft of property valued between five hundred and one thousand dollars, and ten counts of theft of property valued at five hundred dollars or less. The trial court sentenced him as a Range II multiple offender to ten years for each aggravated burglary conviction, eight years for each conviction of theft of property valued between one thousand and ten thousand dollars, two years for his conviction of theft of property valued between five hundred and one thousand dollars, and eleven months and twenty-nine days for each conviction of theft of property valued at five hundred dollars or less. The trial court ordered the appellant to serve nine aggravated burglary sentences consecutively and all remaining sentences concurrently, resulting in an effective sentence of ninety years incarceration in the Tennessee Department of Correction. http://www.tba.org/tba_files/TCCA/Hornjd_opn.WP6
STATE OF TENNESSEE VS. ALBERT L. NORTON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GEORGE H. WATERS PAUL G. SUMMERS Asst. Public Defender Attorney General & Reporter 419 High Street Maryville, TN 37804 ERIK W. DAAB Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243 PHILIP MORTON Asst. District Attorney General Blount County Courthouse 363 Court Street Maryville, TN 37804 Judge:WITT First Paragraph: The defendant, Albert L. Norton, appeals his Blount County Circuit Court jury conviction of second-offense DUI, a class A misdemeanor. He does not challenge his jail sentence of eleven months, 29 days at 90 percent, to be probated after serving 90 days, a $2,500 fine, and a two-year license revocation. Rather, he challenges his conviction by raising the following issues: 1. The evidence was insufficient to support his conviction. 2. The trial court erred by allowing evidence of the defendant's blood test result despite the failure to establish a proper chain of custody of the blood sample. 3. The trial court erred in allowing evidence of drugs being present in the defendant's blood sample. 4. The trial court erred by admitting testimony that the defendant failed to pass a horizontal gaze nystagmus field sobriety test. After a review of the record, the briefs of the parties, and the applicable law, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Nortonal_opn.WP6
STATE OF TENNESSEE VS. ROBERT S. VASSER Court:TCCA Attorneys: For Appellant For Appellee B. Jeffery Harmon Paul G. Summers Assistant Public Defender Attorney General and Reporter P.O. Box 220 425 Fifth Avenue North Jasper, TN 37347 Nashville, TN 37243-0493 Ellen H. Pollack Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Will Dunn Assistant District Attorney General First American National Bank Dayton, TN 37321 Judge:OGLE First Paragraph: The appellant, Robert S. Vasser, was convicted in the Circuit Court of Bledsoe County of the aggravated sexual battery of two young girls, ages eight and ten. The trial court imposed concurrent sentences of eight years and nine months in the Tennessee Department of Correction. The sole issue raised on appeal is whether the trial court erred by instructing the jury pursuant to Tenn. Code. Ann. S 40-35-201 (Repealed, May 18, 1998), the "truth in sentencing" statute. Following a thorough review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Vasserro_opn.WP6

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