Opinion Flash

August 13, 2004
Volume 10 — Number 156

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
01 New Opinion(s) from the Tennessee Court of Appeals
04 New Opinion(s) from the Tennessee Court of Criminal Appeals
01 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


KARL P. BIRKHOLZ, ET UX. v. DAVIS N. HARDY, ET UX.

Court:TCA

Attorneys:                          

William Ernest Norcross of Cordova; Minton P. Mayer of Memphis For
Appellants, The Estate of Davis N. Hardy and Clarise B. Hardy

Glen Reid, Jr. of Memphis For Appellees, Karl P. Birkholz and Molly B.
Birkholz

Judge: CRAWFORD

First Paragraph:

Appellants/buyers appeal from judgment entered for Appellees/sellers
on promissory note given for purchase of real estate.  The note
contained a condition precedent wherein the principal would not be due
until Appellants/buyers sold commercial property they owned.  The
trial court imposed five years as a reasonable time for performance of
the contract and awarded prejudgment interest.  Appellants/buyers
appeal.  We affirm in part, reverse in part, and remand.

http://www.tba.org/tba_files/TCA/birkholzkp.wpd

STATE OF TENNESSEE v. MALCOLM BENSON

Court:TCCA

Attorneys:                          

Ramsdale O'DeNeal, Jr., Jackson, Tennessee, for the appellant, Malcolm
Benson.

Paul G. Summers, Attorney General & Reporter; David H. Findley,
Assistant Attorney General; and Phillip Bivens, District Attorney
General,  for the appellant, State of Tennessee.

Judge: SMITH
 
First Paragraph:

Following a jury trial on April 23, 2003, the defendant was convicted
of one count of sale of a controlled substance more than .5 grams.  He
was sentenced to ten years in the Tennessee Department of Correction
and fined $3000.  He appeals this conviction.  The defendant argues
two issues: (1) whether the evidence was sufficient to support the
defendant's conviction; and (2) whether the trial court erred by not
allowing the defendant's uncle to testify at trial as to the identity
of an individual in the videotape of the drug sale.  We affirm the
decision of the trial court.

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

STATE OF TENNESSEE v. BOBBY LEE

Court:TCCA

Attorneys:                          

Danny H. Goodman, Jr., Tiptonville, Tennessee, for the appellant,
Bobby Lee.

Paul G. Summers, Attorney General and Reporter; Michelle Chapman
McIntire, Assistant Attorney General; Thomas A. Thomas, District
Attorney General; and Kevin D. McAlpin, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The defendant appeals his conviction for attempted first degree
murder.  The defendant's sole issue on appeal is a claim that the jury
venire was unconstitutionally empaneled by failing to include adequate
representation of African-Americans.  The defendant failed to prove a
prima facie case, and the conviction is affirmed.

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

RONNIE SIMPSON v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

James M. Gulley, Memphis, Tennessee, Attorney for the Appellant,
Ronnie Simpson.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Elizabeth T. Ryan, Assistant Attorney General;
William L. Gibbons, District Attorney General; and Steve Jones,
Assistant District Attorney General, for the Appellee, State of
Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Ronnie Simpson, appeals from the Shelby County Criminal
Court's dismissal of his petition for post-conviction relief. 
Pursuant to a negotiated plea agreement, Simpson pled guilty to
especially aggravated robbery and aggravated burglary and received an
effective fifteen-year sentence.  On appeal, Simpson challenges the
validity of his guilty plea upon grounds of: (1) voluntariness and (2)
ineffective assistance of counsel.   Following a review of the record,
we affirm the judgment of the post-conviction court dismissing the
petition.

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

STATE OF TENNESSEE v. DANNY JOE WRIGHT

Court:TCCA

Attorneys:                          

Paul E. Lewis, Millington, Tennessee, for the appellant, Danny Joe
Wright.

Paul G. Summers, Attorney General and Reporter; Michael Markham,
Assistant Attorney General; Elizabeth Rice, District Attorney General;
and James Walter Freeland, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant, Danny Joe Wright, was convicted of driving under the
influence second offense and violating the open container law.  He was
also found to have violated the implied consent law.  In this direct
appeal, he argues that the trial court improperly limited his
cross-examination of the arresting officer and that the trial court
erred by refusing to admit the testimony of an expert witness in field
sobriety testing.  We affirm the judgments of the trial court.

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

Tennessee Health Services and Development Agency -- Applicability of
Title VI of the Civil Rights Act of 1964

Date: August 12, 2004

Opinion Number: August 12, 2004                          

http://www.tba.org/tba_files/AG/2004/op130.pdf

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