Opinion Flash

April 25, 2002
Volume 8 — Number 071

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.

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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
04 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


IN RE: ORDER ESTABLISHING RULES 41 AND 42, RULES OF THE SUPREME COURT
OF TENNESSEE: RULES OF ETHICS FOR SPOKEN FOREIGN LANGUAGE INTERPRETERS
IN TENNESSEE COURTS; STANDARDS FOR COURT  INTERPRETERS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/interpret41and42.wpd

LAYTHANIEL HANEY, SR. v. STATE OF TENNESSEE

Court:TCCA

Attorneys: 

Gerald L. Gulley, Jr., Knoxville, Tennessee (on appeal); and Donald K.
Schold, Naples, Florida (at trial), for the Appellant, Laythaniel
Haney, Sr.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney
General; and Charles E. Atchley, Jr., Assistant District Attorney
General, for the Appellee, State of Tennessee.                         

Judge: WEDEMEYER

First Paragraph:

The Petitioner was convicted by a Cocke County jury of seven counts of
selling cocaine and one count of simple possession of marijuana.  The
trial court imposed an effective sentence of thirty-six years in the
Tennessee Department of Correction.  The convictions and sentence were
affirmed on direct appeal.  The Petitioner subsequently filed a
petition for post-conviction relief, arguing that he received
ineffective assistance of counsel at trial.  Following a hearing, the
trial court denied post- conviction relief, and this appeal ensued. 
Concluding that the Petitioner received effective assistance of
counsel at trial, we affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/haneyl.wpd

STATE OF TENNESSEE v. MARCUS M. ODEN

Court:TCCA

Attorneys:   

Gerald L. Melton, District Public Defender; and Jeffrey S. Henry,
Assistant District Public Defender, for the appellant, Marcus M. Oden.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; William C. Whitesell, Jr., District
Attorney General; and J. Paul Newman, Assistant District Attorney
General, for the appellee, State of Tennessee.                         

Judge: RILEY

First Paragraph:

The Rutherford County Grand Jury indicted the defendant for aggravated
child abuse.  Pursuant to a negotiated plea agreement, the defendant
pled guilty to aggravated assault as a Range II multiple offender for
an eight-year sentence, with the manner of service to be determined by
the trial court.  Following a sentencing hearing, the trial court
denied the defendant's request for alternative sentencing and ordered
him confined in the Tennessee Department of Correction.  In this
appeal, the defendant contends he should have received alternative
sentencing.  After a thorough review of the record, we affirm the
judgment of the trial court.

http://www.tba.org/tba_files/TCCA/odenmm.wpd

STATE OF TENNESSEE v. TOMMY R. POWELL

Court:TCCA

Attorneys:

Tommy R. Powell, Bell Buckle, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Christine M. Lapps,
Assistant Attorney General; Ronald L. Davis, District Attorney
General; and Derek K. Smith, Assistant District Attorney General, for
the appellee, State of Tennessee.                         

Judge: RILEY

First Paragraph:

Defendant was found guilty of violating the state speeding law by the
Fairview City Court and, on appeal, was again found guilty by the
Circuit Court of Williamson County.  In this appeal, defendant
contends he was denied his constitutional right to trial by jury, and
the evidence was insufficient to support his conviction.  Although we
find the evidence sufficient to support the conviction, we conclude
defendant was deprived of his right to trial by jury.  We reverse and
remand for a new trial.

http://www.tba.org/tba_files/TCCA/powelltr.wpd

STATE OF TENNESSEE v. DANNY TROUT

Court:TCCA

Attorneys:

David E. Brandon (at trial and on appeal) and Peter D. Heil (on
appeal), Nashville, Tennessee, for the appellant, Danny Trout.

Paul G. Summers, Attorney General and Reporter; Gill Robert Geldreich,
Assistant Attorney General; Victor S. (Torry) Johnson, III, District
Attorney General; and David G. Vorhaus and Ed Ryan, Assistant District
Attorneys General, for the appellee, State of Tennessee.                          

Judge: RILEY

First Paragraph:

The defendant was convicted by a Davidson County jury of DUI.  In this
appeal, he alleges the Vehicular Crimes Grand Jury, which was convened
in Davidson County to consider only vehicle- related crimes, was
illegally empaneled.  He further contends the investigatory stop of
his automobile was improper.  We affirm.

http://www.tba.org/tba_files/TCCA/troutd.wpd

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