TENNBARU ONLINE PRESENTS NEW ETHICS COURSE: IS YOUR FIRM AT RISK?
TENNBARU ONLINE PRESENTS NEW ETHICS COURSE: IS YOUR FIRM AT RISK?

Management consultant Suzanne Rose offers some common (but not so
familiar) risk factors in ethics complaints and malpractice claims.

http://www.tennbaru.com

Today's Opinions: December 6, 2004
Volume 10 — Number 233
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.
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
01 New Opinion(s) from the Tennessee Court of Appeals
02 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

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 or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.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

SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_120604.wpd

ESTATE OF CURTIS MARSHALL SELLE, Deceased, and PATRICIA B. SELLE, v.
JACQUELYN TEAL SELLE, Administrator of the Estate of CURTIS MARSHALL
SELLE, Deceased

Court:TCA

Attorneys:                          

Scott C. Williams, and Stephanie S. Maxwell, Columbia, Tennessee, for
Appellant.

William S. Fleming, Columbia, Tennessee, for Appellee.

Judge: FRANKS

First Paragraph:

This appeal involves a dispute between the mother and wife of a
decedent concerning the attempted revocation of his will.  Following
the decedent's death, his mother filed a petition in the Chancery
Court for Maury County seeking to admit her son's will to probate. 
Her daughter-in-law moved to dismiss the petition on the ground that
the will had been revoked by a later instrument.  The Trial Court
determined that the later instrument did not qualify as a will or as a
document of revocation.  However, the Court determined that the act of
executing the later instrument amounted to a cancellation of the will
under Tenn. Code Ann. S 22-1-201(3) (2001).  The decedent's mother has
appealed.  We have determined that the act of executing the later
instrument was not a cancellation of the earlier will and, therefore,
reverse the Trial Court.

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

FRANK W. JOHNSON v. GLEN TURNER, WARDEN

Court:TCCA

Attorneys:                          

Frank W. Johnson, Whiteville, Tennessee, Pro se.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assitant Attorney General; and Elizabeth T. Rice, District Attorney
General, for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The petitioner, Frank W. Johnson, pled guilty to second degree murder
and was sentenced to thirteen and one-half years incarceration in the
Tennessee Department of Correction.  Subsequently, he filed a petition
for a writ of habeas corpus, alleging that he pled guilty to an
illegal sentence.  The trial court denied the petition, and the
petitioner now appeals.  Upon review of the record and the parties'
briefs, we affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. REGINALD STACY SUDDERTH
Corrected Opinion

Court:TCCA

Attorneys:                          

Herbert S. Moncier, Knoxville, Tennessee, for the appellant, Reginald
Stacy Sudderth.

Paul G. Summers, Attorney General and Reporter; Joseph F. Whalen,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and Joseph E. Perrin and Barry Staubus, Assistant District
Attorneys General, for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

In 1998, the defendant, through former counsel, entered into a letter
agreement with the Blount County District Attorney General which
provided that he would be granted immunity for the murder of Andre
Jackson if he provided information and cooperated in the prosecution
of the murder of Gary Huskey and passed a polygraph examination
administered by the Federal Bureau of Investigation ("FBI") as to the
Huskey murder.  The defendant subsequently was indicted for first
degree murder and conspiracy to commit first degree murder.  He then
filed a motion to dismiss the indictment, claiming, inter alia, that
the polygraph was unfair, that he had not failed the test, and that
the State breached its agreement to provide another polygraph. 
Following hearings, the trial court denied the motion, and the
defendant filed an interlocutory appeal.  After review, we affirm the
judgment of the trial court denying the motion, but remand for entry
of corrected minutes reflecting that the trial court denied the
defendant's motion to dismiss.

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

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