Opinion Flash

March 30, 2004
Volume 10 — Number 061

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):
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
01 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


STATE OF TENNESSEE v. F. CHRIS CAWOOD
REVISED OPINION
WITH ORDER

Court:TSC

Attorneys:                          

Paul G. Summers, Attorney General and Reporter; Michael E. Moore,
Solicitor General; Mark A. Fulks, Assistant Attorney General, for the
appellant, State of Tennessee.

Patrick C. Cooley, Kingston, Tennessee, for the appellee, F. Chris
Cawood.

Judge: BIRCH

First Paragraph:

The controversy here concerns certain audio and videotapes which were
introduced in a bench trial and marked as exhibits.  Following this
Court's rejection of the State's application for Rule 11 review, the
Court of Criminal Appeals, on motion of the appellee, entered an order
returning this evidence to the "permanent possession" of the appellee.
 The issue framed and briefed by the parties requires us to determine
whether the Court of Criminal Appeals' order returning the tapes to
the appellee was consistent with statutes and regulations applicable
to the retention and disposal of such evidence.

REVISED OPINION
http://www.tba.org/tba_files/TSC/cawoodchris.wpd

ORDER
http://www.tba.org/tba_files/TSC/cawoodchris_ord.wpd

RUSSELL WAYNE CANTER v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

John D. Parker, Jr., Kingsport, Tennessee, for the appellant, Russell
Wayne Canter.

Paul G. Summers, Attorney General & Reporter; Brent C. Cherry,
Assistant Attorney General; and Barry Staubus, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The petitioner, Russell Wayne Canter, pled guilty to second degree
murder by distribution of a Schedule I controlled substance (heroin). 
See Tenn. Code Ann. S 39-13-210(a)(2).  Pursuant to the plea
agreement, the trial court ordered a sentence of eighteen years in the
Department of Correction.  In this post-conviction proceeding, the
petitioner claims that his trial counsel was ineffective and that his
plea was not knowing and voluntary.  The post-conviction court denied
relief.  That judgment is affirmed.

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

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