Opinion Flash

October 10, 2003
Volume 9 — Number 185

Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.

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
00 New Opinion(s) from the Tennessee Court of Appeals
05 New Opinion(s) from the Tennessee Court of Criminal Appeals
04 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

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version.
Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.

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.

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

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


TOMMY DICKERSON  v.  STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Tommy Dickerson, Nashville, Tennessee, Pro se.

Paul G. Summers, Attorney General & Reporter; David H. Findley,
Assistant Attorney General; James Michael Taylor, District Attorney
General; Steven Blount, Assistant District Attorney General, for the
appellee, the State of Tennessee.

Judge: SMITH

First Paragraph:

Appellant, Tommy Dickerson, appeals from the trial court's summary
dismissal of Appellant's second petition for post-conviction relief. 
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/dickersontommy.wpd

KENA HODGES  v.  STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Jeffrey S. Pulley, Nashville, Tennessee, for the appellant, Kena
Hodges.

Paul G. Summers, Attorney General and Reporter; Kim R. Helper,
Assistant Attorney General; Victor S. Johnson III, District Attorney
General; Bernard McEvoy, Assistant District Attorney General, for the
appellee, the State of Tennessee.

Judge: WOODALL
 
First Paragraph:

Petitioner, Kena Hodges, appeals from the dismissal of her petition
for post-conviction relief.  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/hodgeskena.wpd

STATE OF TENNESSEE v. KEVIN L. LAWRENCE

Court:TCCA

Attorneys:                          

William D. Massey and C. Michael Robbins, Memphis, Tennessee (on
appeal), and William D. Massey and Lorna McCluskey, Memphis, Tennessee
(at trial), for the appellant, Kevin L. Lawrence.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Braden H. Boucek, Assistant Attorney General;
William L. Gibbons, District Attorney General; Jennifer Nichols and
Phyllis Gardner, Assistant District Attorneys General, for the
appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

A Shelby County jury convicted the Defendant of first degree felony
murder, and the trial court sentenced the Defendant to imprisonment
for life with the possibility of parole.  The Defendant now appeals,
contending the following: (1) that the trial court erred when it
denied his motion to suppress his statement to police; (2) that the
trial court erred when it denied his motion for mistrial based upon a
witness's non-responsive statement; (3) that the trial court erred in
permitting the prosecution to assert matters not in evidence during
closing arguments; and (4) that the trial court committed plain error
by incorrectly instructing the jury with respect to the culpable
mental state of "knowingly."  Finding no error, we affirm the judgment
of the trial court.

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

GLEN BERNARD MANN v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Donald E. Dawson, Post-Conviction Defender, and Catherine Y.
Brockenborough, Assistant Post- Conviction Defender, for the
appellant, Glen Bernard Mann.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore,
Solicitor General; Gill E. Geldreich, Assistant Attorney General; and
C. Phillip Bivens, District Attorney General, for the appellee, State
of Tennessee.

Judge: WILLIAMS

First Paragraph:

The petitioner, Glen Bernard Mann, appeals the trial court's denial of
post-conviction relief.  In 1994, the petitioner was sentenced to
death by a jury for the premeditated first degree murder of Anne Lou
Wilson, a sixty-two-year-old widow.  He was also convicted and
sentenced to twenty-five years for aggravated rape and six years for
aggravated burglary of the same victim.  The convictions and sentences
were affirmed on direct appeal by both this Court and the Tennessee
Supreme Court.  The petitioner is seeking post-conviction relief for,
inter alia, ineffective assistance of counsel at both the guilt and
penalty phase of his trial.  The post-conviction court, after a
hearing, found the petitioner failed to carry his burden of proving by
clear and convincing evidence that his trial counsel was ineffective. 
After review, we affirm the post-conviction court's denial of post-
conviction relief.

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

DEDRIC D. PHILLIPS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

D. Michael Dunavant, Ripley, Tennessee, for the appellant, Dedric D.
Phillips.

Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; Elizabeth T. Rice, District
Attorney General; and Tracey A. Brewer, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

The petitioner, Dedric D. Phillips, appeals the Lauderdale County
Circuit Court's denial of his post- conviction relief petition.  The
petitioner entered guilty pleas to possession with intent to deliver
less than .5 grams of cocaine and simple assault, and the trial court
imposed an effective sentence of ten years as a Range III persistent
offender.  On appeal, the petitioner contends: (1) he received
ineffective assistance of counsel; and (2) his guilty pleas were
unknowingly and involuntarily entered.  Upon review of the record and
the applicable law, we affirm the judgment of the post- conviction
court.

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

Use of Fines Under Tenn. Code Ann. S 55-10-452

Date: September 29, 2003

Opinion Number: 03-128                         

http://www.tba.org/tba_files/AG/2003/op128.pdf

Pledge of Allegiance in Public Schools: Constitutionality of Tenn.
Code Ann. S 49-6-1001.

Date: October 3, 2003

Opinion Number: 03-129                          

http://www.tba.org/tba_files/AG/2003/op129.pdf

Charter school eligibility for students assigned to a new school
without a value added assessment; effect of charter school rejection
on optional school eligibility.

Date: October 3, 2003

Opinion Number: 03-130                         

http://www.tba.org/tba_files/AG/2003/op130.pdf

Rhea Medical Center

Date: October 3, 2003

Opinion Number: 03-131                         

http://www.tba.org/tba_files/AG/2003/op131.pdf

PLEASE FORWARD THIS E-MAIL!
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 THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

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! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi


HomeContact UsPageFinderWhat's NewHelp
© Copyright 2003 Tennessee Bar Association