NEW TENNBARU ONLINE ETHICS COURSE:
Identifying the Pitfalls of Practicing in Cyberspace

As use of the Internet grows, so does the evidence that lawyers need
to take a fresh look at the methods by which they are practicing law
and communicating with clients and prospective clients to be certain
that they are not unintentionally crossing the ethical line and
potentially harming both clients and non-clients.

Today's Opinions: December 15, 2004
Volume 10 — Number 240
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.
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
03 New Opinion(s) from the Tennessee Court of Appeals
05 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


WILLIAM A. COHN v. BOARD OF PROFESSIONAL RESPONSIBILITY OF THE SUPREME
COURT OF TENNESSEE
ORDER

Court:TSC

Judge: PER CURIAM

First Paragraph:

The appellant, William A. Cohn, has filed a petition for rehearing
pursuant to Tenn. R. App. P. 39.  We have considered all of the
arguments raised in the petition and we have found them to be without
merit.

http://www.tba.org/tba_files/TSC/cohnwilliama_ord.wpd

DONALD GLIDEWELL v. ANN RUSSELL

Court:TCA

Attorneys:                          

Harriet S. Thompson of Bolivar for Appellant, Donald Glidewell

Terry Abernathy of Selmer for Appellee, Ann Russell

Judge: CRAWFORD

First Paragraph:

Plaintiff-Appellant instituted a detainer action in general sessions
court seeking possession of property owned by Plaintiff-Appellant. 
From an adverse judgment in general sessions court,
Plaintiff-Appellant appealed to the circuit court for a trial de novo.
 Defendant-Appellee filed a counter-claim in circuit court,
alternatively requesting that if she is forced to vacate the premises,
she should be awarded damages for improvements made to the premises. 
The trial court entered judgment for possession to the
Defendant-Appellee.  Plaintiff-Appellant appeals.  We reverse.

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

MARJORIE M. KIRKPATRICK v. ROBERT W. O'NEAL

Court:TCA

Attorneys:                          

Mitchell A. Byrd, Chattanooga, Tennessee, for the Appellant Robert W.
O'Neal.

Robert P. Rayburn, Chattanooga, Tennessee, for the Appellee Marjorie
M. Kirkpatrick.

Judge: SWINEY

First Paragraph:

Robert W. O'Neal ("Father") and Sandra K. O'Neal ("Mother") were
granted a divorce by the Sumner County Circuit Court in 1986.  There
were two minor children born of the marriage, and Father was ordered
to pay $650 per month in child support.  After Mother passed away in
June of 1990, the children's maternal grandparents, William and
Marjorie Kirkpatrick, were awarded full custody of both children by
the Sumner County Chancery Court.  In 2001, Marjorie Kirkpatrick
("Petitioner") filed a petition in the Hamilton County Circuit Court
seeking to have the previous order requiring Father to pay $650 per
month in child support enforced.  Petitioner also sought a substantial
amount of arrearages.  The Hamilton County Circuit Court determined
that Father was in arrears a total of $55,063 covering from when
Petitioner was awarded custody until June of 2002.  Petitioner also
was awarded her attorney fees.  Father appeals, claiming the original
order from the Sumner County Circuit Court requiring him to pay $650
per month in child support had no effect once Mother died.  We modify
the judgment of the Hamilton County Circuit Court, and affirm as
modified.

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

YOUTH PROGRAMS, INC. v. TENNESSEE STATE BOARD OF EQUALIZATION, ET AL.

Court:TCA

Attorneys:                          

Paul G. Summers, Attorney General and Reporter, Mary Ellen Knack,
Assistant Attorney General, for the appellant, Tennessee State Board
of Equalization.

Brian L. Kuhn, Shelby County Attorney and Thomas E. Williams,
Assistant County Attorney, for the appellant, Shelby County Assessor
of Property.

R. Grattan Brown, Jr. And Katherine P. Griffin, Memphis, Tennessee,
for the appellee, Youth Programs, Inc.

Judge: FARMER

First Paragraph:

The chancery court reversed the Assessment Appeals Commission and held
that Youth Programs, a charitable organization, is entitled to a
property tax exemption on real property in Shelby County used in
conjunction with the FedEx/St. Jude Classic golf tournament.  The
trial court determined the disputed property is used exclusively for a
charitable purpose and that an unusable area is used constructively
and is likewise exempt.  The Shelby County Assessor of Property and
the State appeal.  We affirm.

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

STATE OF TENNESSEE v. CUMECUS RODRELLE CATES

Court:TCCA

Attorneys:                          

Russell T. Greene, Knoxville, Tennessee, for the appellant, Cumecus
Rodrelle Cates.

Paul G. Summers, Attorney General and Reporter; Michelle Chapman
McIntire, Assistant Attorney General; and Randall E. Nichols, District
Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

Following a jury trial, the Defendant was convicted of aggravated
burglary and misdemeanor theft.  On appeal, he challenges the
sufficiency of the convicting evidence.  We affirm the judgments of
the trial court.

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

CHRISTOPHER A. JOHNSON v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Christopher A. Johnson, Chattanooga, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; and William H. Cox, District Attorney
General, for the appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant, Christopher A. Johnson, seeks to appeal as of right
from the trial court's denial of his "Petition to Enforce the Plea
Agreement."  The State argues that this appeal should be dismissed
because an appeal as of right does not lie from a trial court's denial
of a petition to enforce a plea agreement.  We agree with the State's
argument and dismiss this appeal.

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

MARTIN PALMER JONES v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Bob McD. Green, Johnson City, Tennessee, Tennessee, for the appellant,
Martin Palmer Jones.

Paul G. Summers, Attorney General and Reporter; Kathy Aslinger,
Assistant Attorney General; Joe Crumley, District Attorney General;
and Anthony Clark and Fred Lance, Assistant District Attorneys
General, for the appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

This is an appeal from denial of post-conviction relief.  The
Defendant, Martin Palmer Jones, was convicted of two counts of first
degree felony murder upon entry of best-interest guilty pleas.  He was
sentenced to two terms of life imprisonment, which were to be served
consecutively.  The Defendant's sentences were affirmed on direct
appeal.  See State v. Martin Palmer Jones, No. 03C01-9803-CR-00084,
1999 WL 93144 (Tenn. Crim. App., Knoxville, Feb. 25, 1999).  On
petition for post-conviction relief, the Defendant claimed he received
ineffective assistance of counsel in conjunction with his guilty
pleas.  The trial court denied the petition, and the Defendant
appealed to this Court.  We affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. DION A. RUSSELL

Court:TCCA

Attorneys:                          

A. Philip Lomonaco, Knoxville, Tennessee, for the appellant, Dion A.
Russell.

Paul G. Summers, Attorney General and Reporter, and Brent C. Cherry,
Assistant Attorney General,  for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

On this consolidated appeal, the defendant challenges the manner and
consecutive nature of his sentences.  After analyzing the issues
properly before us, we conclude that the trial court did not err in
revoking the defendant's probation on the former sentence or in
denying him probation on the latter.  Further, we hold the consecutive
sentences to be warranted and proper in this instance.  Therefore, we
affirm.

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

ERIC THOMAS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Jacob Edward Erwin, Memphis, Tennessee, for the appellant, Eric
Thomas.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Gail Ann Vermaas, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The petitioner, Eric Thomas, appeals as of right from the dismissal of
his petition for post-conviction relief by the Shelby County Criminal
Court.  He seeks relief from his Class C felony conviction for robbery
and resulting sentence of eight years and one day in confinement.  He
contends that the post-conviction court erred in dismissing his
petition and that he received the ineffective assistance of counsel. 
We affirm the judgment of the trial court.

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

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