November 24, 1999
Volume 5 -- Number 162

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):
 
02 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

						
						
CORETTA SCOTT KING, MARTIN LUTHER KING, III, BERNICE KING, DEXTER SCOTT
KING, and YOLANDA KING 
VS.
LOYD JOWERS, and other unknown co-conspirators
and
MEMPHIS PUBLISHING COMPANY
Court:TSC

Judge: PER CURIAM

First Paragraph:

Upon consideration of the application for permission to appeal filed
by Memphis Publishing Company in this cause, the Court is of the
opinion that the application should be, and is, hereby granted.

http://www.tba.org/tba_files/TSC/corettaking.wpd



HECK VAN TRAN VS. STATE OF TENNESSEE SEPARATE CONCURRING AND DISSENTING OPINION Court:TSC Attorneys: FOR APPELLANT: FOR APPELLEE: Brock Mehler Paul G. Summers Nashville, Tennessee Attorney General & Reporter William D. Massey Michael E. Moore Memphis, Tennessee Solicitor General Kathy Morante Deputy Attorney General Jennifer L. Smith Assistant Attorney General Criminal Justice Division Nashville, Tennessee William L. Gibbons District Attorney General 30th Judicial District John Campbell Assistant District Attorney Memphis, Tennessee Glenn R. Pruden Assistant Attorney General Nashville, Tennessee Judge: DROWOTA First Paragraph: We granted the application for permission to appeal filed on behalf of petitioner Heck Van Tran in order to clarify the procedure by which a prisoner who has been sentenced to death may raise the issue of present mental competency to be executed. The petitioner attempted to raise this issue in a petition for relief under the Post-Conviction Procedure Act, Tenn. Code Ann. SS 40-30-201 to -222 (1997). Both the trial court and the Court of Criminal Appeals held that a proceeding for post-conviction relief is not the appropriate avenue for litigating the issue of competency to be executed. We agree with the lower courts that a petition for post-conviction relief is not the appropriate mechanism for raising the issue. Indeed, we have determined that there currently is no Tennessee statute that contains a procedure for litigating the issue of present competency. http://www.tba.org/tba_files/TSC/vantrahn_opn.wpd SEPARATE CONCURRING AND DISSENTING OPINION http://www.tba.org/tba_files/TSC/VanTranh_dis.wpd
CHIP HARBOUR VS. KELSAY PLUMBING COMPANY Court:TCA Attorneys: For Appellant For Appellee DANIEL J. RIPPER RONALD J. BERKE Luther - Anderson, PLLP Berke, Berke & Berke Chattanooga, Tennessee Chattanooga, Tennessee Judge: SUSANO First Paragraph: This litigation arose out of work performed by the defendant Kelsay Plumbing Company ("Kelsay Plumbing") in connection with the plumbing contract on a new house built by the plaintiff Chip Harbour ("Harbour"). In response to a question posed to it, the jury determined that "there [was] negligence on the part of [Kelsay Plumbing], which caused loss or damage to [Harbour]." It awarded damages of $100,000. http://www.tba.org/tba_files/TCA/HARBOURC.wpd
STATE OF TENNESSEE VS. DAVID CALLOWAY Court:TCCA Attorneys: For the Appellant: For the Appellee: Robert E. Cupp Paul G. Summers 409 East Watauga Avenue Attorney General of Tennessee Johnson City, TN 37601 and (AT TRIAL) Erik W. Daab Assistant Attorney General of Tennessee E. Lynn Dougherty 425 Fifth Avenue North Thomas J. Seeley, III Nashville, TN 37243-0493 131 Eighth Street Post Office Box 189 Joe C. Crumley, Jr. (ON APPEAL) District Attorney General and Kenneth C. Baldwin Assistant District Attorney General 900 East Elk Avenue Elizabethton, TN 37643 Judge: TIPTON First Paragraph: The defendant, David Calloway, appeals as of right from his convictions by a jury in the Carter County Criminal Court for five counts of aggravated sexual battery, a Class B felony, and twenty-four counts of rape of a child, a Class A felony. The defendant received a total sentence of one-hundred twenty-one years to be served in the Department of Correction. http://www.tba.org/tba_files/TCCA/CALLOW~1.wpd
STATE OF TENNESSEE VS. THOMAS E. CHAMBERS Court:TCCA Attorneys: For the Appellant: For the Appellee: Kenneth F. Irvine, Jr. Paul G. Summers Post Office Box 84 Attorney General of Tennessee Knoxville, TN 37901-0084 and Erik W. Daab Assistant Attorney General of Tennessee 425 Fifth Avenue North Nashville, TN 37243 Randall E. Nichols District Attorney General and Robert L. Jolley, Jr. Assistant District Attorney General Post Office Box 1468 Knoxville, TN 37901-1468 Judge: TIPTON First Paragraph: The defendant, Thomas E. Chambers, appeals as of right following his conviction by a jury in the Knox County Criminal Court for first degree murder. The defendant was sentenced to life imprisonment in the custody of the Department of Correction. He contends that the evidence is insufficient to support his conviction and that the trial court erred by not instructing the jury on his failure to flee the scene. We affirm the judgment of conviction. http://www.tba.org/tba_files/TCCA/CHAMBE~1.wpd
STATE OF TENNESSEE VS. ALLEN DALE CUTSHAW Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: THOMAS D. SHELBURNE PAUL G. SUMMERS 100 West Main Street Attorney General & Reporter P. O. Box 608 Rogersville, TN 37857 CLINTON J. MORGAN (On Appeal) Assistant Attorney General 425 Fifth Avenue North JOHN T. MILBURN ROGERS Nashville, TN 37243-0493 100 South Main Street Greeneville, TN 37743 C. BERKELEY BELL, JR. (At Trial) District Attorney General KENNETH N. BAILEY, JR. ERIC D. CHRISTIANSEN 100 South Main Street Assistant District Attorney General Greeneville, TN 37743 (At Trial) CECIL C. MILLS, JR. Assistant District Attorney General 109 South Main Street, Suite 501 Greeneville, TN 37743 Judge: GLENN First Paragraph: The defendant, Allen Dale Cutshaw, was indicted by the Greene County grand jury for first degree murder in the death of J. R. Metcalf. The defendant admitted to killing the victim, but argued the killing was in self-defense. A jury convicted the defendant on the lesser included offense of second degree murder. The jury fixed a fine of $25,000. After a sentencing hearing, the trial court sentenced the defendant to the maximum sentence of twenty-five years. http://www.tba.org/tba_files/TCCA/CUTSHA~1.wpd
KENNETH ROMINES, a/k/a RAYMOND ROMINES VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ALBERT J. NEWMAN, JR. PAUL G. SUMMERS Suite 500 Burwell Building Attorney General & Reporter 602 South Gay Street Knoxville, TN 37902 ELLEN H. POLLACK Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 RANDALL EUGENE NICHOLS District Attorney General ZANE M. SCARLETT Assistant District Attorney General WILLIAM H. CRABTREE Assistant District Attorney General 400 Main P.O. Box 1468 Knoxville, TN 37901-1468 Judge: WOODALL First Paragraph: The Petitioner, Kenneth Romines, a/k/a Raymond Romines, appeals as of right from the dismissal of his petition for post-conviction relief by the Knox County Criminal Court. We affirm pursuant to Tennessee Court of Criminal Appeals Rule 20. http://www.tba.org/tba_files/TCCA/ROMINESK.wpd
STATE OF TENNESSEE VS. LARRY TRUEBLOOD Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOE H. WALKER PAUL G. SUMMERS District Public Defender Attorney General & Reporter ALFRED LEE HATHCOCK, JR. ELIZABETH B. MARNEY Assistant Public Defender Assistant Attorney General P.O. Box 334 2nd Floor, Cordell Hull Building Harriman, TN 37748 425 Fifth Avenue North Nashville, TN 37243 J. SCOTT McCLUEN District Attorney General FRANK HARVEY Assistant District Attorney General P.O. Box 703 Kingston, TN 37763-0703 Judge: WOODALL First Paragraph: In this case the Defendant appeals as of right from the trial court's decision that his sentences be served by incarceration in the Department of Correction rather than through a community-based alternative sentence. In the trial court and in his brief, Defendant urges that a sentence of split confinement would be more appropriate. http://www.tba.org/tba_files/TCCA/TRUEBL~1.wpd

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