2004: Tennessee Supreme Court in Review
What were the key decisions coming out of the Tennessee Supreme Court
during 2004? And what do you need to learn from them for your
practice? A new TennBarU online course has the answers. Tennessee
Attorneys Memo Editor and TennBarU faculty member Virginia Mayo takes
you through the court year, analyzing cases dealing with torts,
workers' compensation, contracts, taxation, property, family law,
criminal law, criminal procedure, and post-conviction relief.

Today's Opinions: March 9, 2005
Volume 11 — Number 045
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
03 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
05 New Opinion(s) from the Tennessee Court of Appeals
14 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. We recommend you download the Opinions to your computer and then open them from there. • Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. • 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


JAMES ARCHIBALD v. SATURN CORPORATION

Court:TSC - Workers Comp Panel

Attorneys:                          

Brian A. Lapps, Jr., Waller Lansden Dortch & Davis, PLLC, Nashville,
TN, for the appellant, Saturn Corporation.

J. Anthony Arena, Arena & McElhaney, PLLC, Nashville, TN, for the
appellee, James Archibald.

Judge: SCOTT

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel in accordance with Tennessee Code
Annotated S 50-6-225(e)(3) for hearing and reporting to the Supreme
Court of findings of fact and conclusions of law.  The trial court
found that the employee demonstrated a reasonable excuse for failing
to give timely notice of his injury to the employer and that the
employer was not prejudiced by the delay in notice.  The trial court
fixed the employee's vocational impairment rating at forty percent. 
The employer contends that the trial court erred in finding that the
employee had a reasonable excuse for failing to give timely notice and
that the employer was not prejudiced.  The employer also contends that
the trial court's award to the employee was excessive in light of the
record.  We find no error and affirm the judgment of the trial court.

http://www.tba.org/tba_files/TSC_WCP/archibaldjames.wpd

WILLIAM T. CARLSON v. SATURN CORPORATION

Court:TSC - Workers Comp Panel

Attorneys:                          

Thomas H. Peebles, IV, and Terrence O. Reed, Nashville, Tennessee, for
the appellant, Saturn Corporation.

Larry R. McElhaney, Arena & McElhaney PLLC, Nashville, Tennessee, for
the appellee, William T. Carlson.

Judge: SCOTT

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann.
S 50-6-225(e)(3) for hearing and reporting of findings of fact and
conclusions of law.  The trial court awarded benefits of thirty-six
percent permanent partial disability, finding that the employee had
given timely notice of a gradual, work-related injury.  The employer
contends that the trial court erred in the following:  (1) finding
both a gradual injury and that the notice requirement under Tenn. Code
Ann. S 50-6-201 was satisfied; and (2) finding that the injury was
work-related in light of the medical evidence.  The employee counters
by claiming that the appeal is frivolous.  We hold that the judgment
of the trial court should be affirmed on both issues, and that the
appeal is not frivolous.

http://www.tba.org/tba_files/TSC_WCP/carlsonwillt.wpd

EDUCATORS CREDIT UNION and CUMIS INSURANCE SOCIETY v. CHRISTINE GENTRY
and DANA GENTRY

Court:TSC - Workers Comp Panel

Attorneys:                          

R. Eric Thornton, Ramsey, Thornton & Barrett, Dickson, TN, for the
appellant, Christine Gentry.

Michael W. Jones, Wimberly Lawson Seale Wright & Daves, Nashville, TN,
for the appellees, Educators Credit Union and CUMIS Insurance Society

Judge: SCOTT

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel in accordance with Tennessee Code
Annotated S 50-6-225(e)(3) for reporting of findings of fact and
conclusions of law.  The trial court, in determining whether death
benefits for a widow having no dependent children could be commuted to
a lump sum payment, held that commutation of periodic payments is not
appropriate in the case of a sole surviving spouse due to limitations
placed on death benefits under Tenn. Code Ann. S 50-6-210(e)(4) and
(8).  The widow contends the trial court erred in denying lump sum
commutation in that Tenn. Code Ann. S 50-6-229(a) allows lump sum
commutation of workers' compensation and that the Tennessee Supreme
Court has previously awarded a lump sum payment of death benefits to a
surviving spouse.  This Panel, finding that Tenn. Code Ann. SS
50-6-210 and 50-6-229 should be read in pari materia, concludes that
the judgment of the trial court should be affirmed.

http://www.tba.org/tba_files/TSC_WCP/educatorscreditu.wpd

ALEXANDER FORD-MERCURY, INC. v. CITY OF FRANKLIN, TENNESSEE, BOARD OF
ZONING APPEALS

Court:TCA

Attorneys:                          

David H. King, Franklin, Tennessee, attorney for appellant, Alexander
Ford-Mercury, Inc.

Douglas Berry, Nashville, Tennessee, attorney for appellee, City of
Franklin, Tennessee, Board of Zoning Appeals.

Judge: INMAN

First Paragraph:

This is a zoning case involving a free-standing sign.  The plaintiff
seeks to replace it with another sign which does not conform to a new
sign ordinance.  The plaintiff seeks the protection of the grandfather
statute.  The Chancellor held that the grandfather statute did not
apply.  We affirm.

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

ROBERT STEVEN JOHNSON v. TENNESSEE FARMERS MUTUAL INSURANCE COMPANY
WITH CONCURRING AND DISSENTING OPINIONS

Court:TCA

Attorneys:                          

John T. Johnson, Jr., Knoxville, Tennessee, and Michael R. Campbell,
Chattanooga, Tennessee, for appellant, Tennessee Farmers Mutual
Insurance Company.

Bryan L. Capps and Sidney Gilreath, Knoxville, Tennessee, for
appellee, Robert Steven Johnson.

Judge: INMAN

First Paragraph:

The issue for jury resolution was whether Tennessee Farmers Mutual
Insurance Company refused in bad faith to settle a damage suit against
Johnson by Moore within his policy limits of $25,000, and exposed him
to a final judgment of nearly $200,000.00.  Johnson's defense entirely
focused on his asserted non-liability, not withstanding that Moore's
medical expenses exceeded $75,000, and his injuries were serious and
permanently disabling, thus reasonably indicating that if Johnson was
found to be negligent, the percentage of his fault necessarily would
have to be minimal in light of his insurance limits.  An unidentified
van forced Johnson to crash head-on into Moore, and the jury allocated
50% of Moore's damages to Johnson and 50% to the van.  After this
allocation was affirmed on appeal, Johnson sued Tennessee Farmers
Mutual Insurance Company, claiming that Moore's claim could have been
settled for his policy limits.  Tennessee Farmers Mutual Insurance
Company presents a host of issues, beginning with the refusal of the
court to direct a verdict, and continuing with complaints of the trial
judge commenting on the evidence and refusing corrective jury
instructions.  The judgment is reversed for the latter two reasons.

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

CONCURRING OPINION
http://www.tba.org/tba_files/TCA/johnsonrobes_con.wpd

DISSENTING OPINION
http://www.tba.org/tba_files/TCA/johnsonrobes_dis.wpd

STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES v. M.S. and J.S.

Court:TCA

Attorneys:                          

Janet D. Powell; M. Keith Siskin, Murfreesboro, Tennessee, for the
appellants, J.S. and M.S.

Paul G. Summers, Attorney General and Reporter, Douglas Earl Dimond,
Senior Counsel, for the appellee, State of Tennessee, Department of
Children's Services

Judge: COTTRELL

First Paragraph:

This appeal involves a dependency and neglect petition filed by the
Department of Children's Services concerning the four minor children
of M.S. and J.S.  After the juvenile court found the children to be
dependent and neglected and the victims of severe child abuse, the
parents appealed to circuit court where a de novo adjudicatory hearing
was held.  The circuit court also made findings of dependency and
neglect and severe child abuse and ordered that the children remain in
DCS custody.  Both parents appeal.  Because we find there was clear
and convincing evidence to support the trial court's findings, we
affirm.

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

IN RE:   R. D. F. and D. L. F.
ORDER

Court:TCA

Judge: INMAN

First Paragraph:

Neil Flit, attorney for Roger Fallon, was adjudged in criminal
contempt of the Juvenile Court of Rutherford County, and appealed the
judgment to this court.  We reversed the finding of contempt and
assessed the costs to Sherryl Fallon, who has filed a motion to re-tax
the costs, pointing out that she took no position in the contempt
matter which was essentially between attorney Flit and the court.

ORDER
http://www.tba.org/tba_files/TCA/rdfdlf_ord.wpd

ROBERT RIGGS v. JAMES W. GREENLEE 

Court:TCA

Attorneys:                          

Robert Riggs, Pro Se, Appellant

James W. Greenlee, Pro Se, Appellee

Judge: GODDARD

First Paragraph:

This is a legal malpractice suit by Robert Riggs against James W.
Greenlee, who represented him in a criminal case.  Mr. Riggs was
convicted of a Class E felony, which carries a sentence range of one
to two years.  The Trial Court dismissed the case because Mr. Riggs,
who it appears is still incarcerated, failed to appear when the case
was set.  We vacate and remand.

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

STATE OF TENNESSEE v. LUIS CASTANON

Court:TCCA

Attorneys:                          

Geoffrey Coston, Kingston Springs, Tennessee, (on appeal), and Ross E.
Alderman, District Public Defender; John D. Wiethe, Assistant Public
Defender; and Amy Dawn Harwell, Assistant Public Defender, Nashville,
Tennessee, (at trial), for the appellant, Luis Castanon.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assistant Attorney General; Victor S. (Torry) Johnson III, District
Attorney General; Pamela Sue Anderson, Assistant District Attorney
General; and Lisa Angela Naylor, Assistant District Attorney General,
for the appellee, the State of Tennessee.

Judge: WOODALL

First Paragraph:

Following a jury trial, Defendant, Luis Castanon, was charged with and
convicted of four counts of aggravated rape and one count of
aggravated burglary.  He was sentenced to twenty years for each of the
aggravated rape offenses and three years for aggravated burglary. 
Three of the aggravated rape sentences were ordered to be served
consecutively to each other, with the remaining aggravated rape
sentence and the aggravated burglary sentence to be served
concurrently, for an effective sentence of sixty years.  On appeal,
Defendant argues that the evidence presented at trial was insufficient
to support the jury's verdict and that the trial court's imposition of
consecutive sentences was improper.  We conclude that the evidence was
sufficient to support the Defendant's convictions and hold that the
imposition of consecutive sentencing was appropriate.   Accordingly,
the judgments of the trial court are affirmed.

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

STATE OF TENNESSEE v. LATWAN R. COLEMAN

Court:TCCA

Attorneys:                          

Mike J. Urquhart, Nashville, Tennessee, for the appellant, Latwan R.
Coleman.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; Victor S. (Torry) Johnson III, District
Attorney General; and Roger Moore, Assistant District Attorney
General, for the appellee, the State of Tennessee.

Judge: WOODALL

First Paragraph:

Defendant, Latwan R. Coleman, pled guilty to possession of over 0.5
grams of cocaine with intent to sell, a Class B felony, in case number
2003-A-265, and to sale of less than 0.5 grams of cocaine, a Class C
felony, in case number 2003-A-280.  The plea agreement contained a
recommended sentence of nine years for the Class B felony conviction
and a sentence of three years for the Class C felony conviction. 
Defendant's request for community corrections was left for the trial
court to determine.  Following a sentencing hearing, the trial court
denied Defendant's request for a community corrections sentence, and
ordered Defendant to serve the recommended sentences in confinement.
The trial court ordered the sentences to be served concurrently for an
effective sentence of nine years.  On appeal, Defendant argues that
the trial court erred in denying his request that he be sentenced to
community corrections rather than incarceration.  After a review of
the record, we affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. CHAD ALLEN CONYERS

Court:TCCA

Attorneys:                          

David Eldridge, Knoxville, Tennessee, for the appellant, Chad Allen
Conyers.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Philip Morton, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant, Chad Allen Conyers, pled guilty to voluntary
manslaughter.  The trial court deferred entry of a judgment of
conviction and placed the Defendant on judicial diversion for fifteen
(15) years.  The Defendant was subsequently charged with violating the
terms of his probation.  After an evidentiary hearing, the trial court
revoked the Defendant's probation.  The trial court subsequently
sentenced the Defendant to four years, split confinement.  The
Defendant now appeals both the revocation of his probation and the
manner of service of his sentence.  Finding that the trial court
abused its discretion in revoking the Defendant's probation, we
reverse the judgment of the trial court and order that the Defendant's
probation be reinstated.

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

MILBURN L. EDWARDS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Milburn L. Edwards, Clifton, Tennessee, appellant, pro se.

Paul G. Summers, Attorney General & Reporter, and Richard H. Dunavant,
Assistant Attorney General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The petitioner, Milburn L. Edwards, appeals the trial court's summary
dismissal of his petition for writ of habeas corpus.  The judgment of
the trial court is affirmed.

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

STATE OF TENNESSEE v. CALVIN LOUIS HILL

Court:TCCA

Attorneys:                          

Gregory D. Smith (on appeal), Clarksville, Tennessee, and Michael J.
Collins (at trial and on appeal), Shelbyville, Tennessee, for the
appellant, Calvin Louis Hill.

Paul G. Summers, Attorney General and Reporter; Preston Shipp,
Assistant Attorney General; William Michael McCown, District Attorney
General; Weakely E. Barnard, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

A Marshall County jury convicted the Defendant, Calvin Louis Hill, of
carjacking, theft of property valued over $1000.00, and three counts
of forgery.  The trial court sentenced the Defendant, as a Range II
offender, to an effective sentence of eighteen years.  On appeal, the
Defendant contends that: (1) the evidence is insufficient to sustain
his convictions for carjacking and forgery; and (2) his sentence was
excessive.  Finding no reversible error, we affirm the judgments of
the trial court.

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

STATE OF TENNESSEE v. GINGER JACKSON

Court:TCCA

Attorneys:                          

Paul D. Cross, Monteagle, Tennessee, for the appellant, Ginger
Jackson.

Paul G. Summers, Attorney General & Reporter; Helena Walton Yarbrough,
Assistant Attorney General; and Steven M. Blount, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The defendant, Ginger Jackson, was convicted of solicitation of first
degree murder.  The trial court imposed a Range I sentence of eight
years and six months.  In this appeal, the defendant asserts (1) that
the trial court erred by the admission of certain testimony; (2) that
the trial court erred by admitting into evidence certain audiotape
recordings; (3) that the trial court erred by failing to instruct the
jury regarding the inaudible portions of the audiotape recordings; (4)
that the trial court erred by failing to suppress the audiotape
recording of the defendant's arrest; (5) that the trial court erred by
denying the defendant's motion for a judgment of acquittal at the
close of the state's proof; (6) that the trial court erred by
excluding certain evidence offered by the defendant; (6) that the
trial court erred by admitting into evidence testimony regarding
lawsuits involving the defendant and various public entities; (7) that
the trial court erred by failing to require the state to elect the
specific date on which the offense occurred; (8) that the trial court
erred by denying alternative sentencing; and (9) that the sentence is
excessive.  The defendant has also asked this court to review her
sentence under the guidelines of Blakely v. Washington, 542 U.S. ___,
124 S. Ct. 2531 (2004).  The judgment of the trial court is affirmed. 
The sentence is modified and the cause is remanded for consideration
of the defendant's suitability for probation.

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

STATE OF TENNESSEE v. MICHAEL ANTONIO JONES

Court:TCCA

Attorneys:                          

Merrilyn Feirman, Nashville, Tennessee (on appeal); Donna Leigh
Hargrove, District Public Defender; and Andrew Jackson Dearing, III,
Assistant Public Defender (at trial), for the Appellant, Michael
Antonio Jones.

Paul G. Summers, Attorney General & Reporter; David E. Coenen,
Assistant Attorney General; William Michael McCown, District Attorney
General; and Weakley E. Barnard, Assistant District Attorney General,
for the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

Convicted of aggravated robbery and sentenced as a career offender to
a prison term of 30 years, the defendant, Michael Antonio Jones,
appeals and challenges both the sufficiency of the convicting evidence
and the propriety of the sentence.  Discerning no error, we affirm the
Marshall County Circuit Court's judgment.

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

STATE OF TENNESSEE v. CHRISTOPHER DEMOTTO LINSEY

Court:TCCA

Attorneys:                          

Collier W. Goodlett, Clarksville, Tennessee, for the Appellant,
Christopher Demotto Linsey.

Paul G. Summers, Attorney General and Reporter; Preston Shipp,
Assistant Attorney General; John W. Carney, Jr., District Attorney
General; and Arthur Bieber, Assistant District Attorney General, for
the Appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

A Montgomery County jury convicted the Defendant, Christopher Demotto
Linsey, of one count of possession of more than .5 grams of cocaine
with the intent to sell, one count of possession of more than half an
ounce of marijuana with the intent to sell, and one count of
possession of an altered serial number item.  The trial court
sentenced the Defendant to an effective sentence of fourteen years in
prison.  The Defendant appeals, contending: (1) the evidence presented
at trial is insufficient to sustain his conviction for possession of
cocaine; and (2) the trial court erred when it sentenced him.  After
thoroughly reviewing the record and applicable authorities, we affirm
the trial court's judgments.

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

STATE OF TENNESSEE v. JAMES D. NICHOLSON
WITH DISSENTING OPINION

Court:TCCA

Attorneys:                          

James O. Martin, III, Nashville, Tennessee, for the appellant, James
D. Nicholson.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; Victor S. (Torry) Johnson, III, District
Attorney General; and Michael D. Rohling, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

On appeal, the defendant challenges the trial court's denial of his
motion to suppress.  After careful review, we conclude that, under the
facts presented, the defendant was seized when the officers instructed
the defendant to "hold up," pursued him on foot, and eventually
apprehended him.  Moreover, we hold that the detectives lacked
reasonable suspicion or probable cause to effectuate the stop. 
Therefore, we reverse the findings of the trial court, the evidence
flowing from the illegal seizure is suppressed, the defendant's
conviction is vacated, and the charges are dismissed.

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

DISSENTING OPINION
http://www.tba.org/tba_files/TCCA/nicholsonjamesd_dis.wpd

STATE OF TENNESSEE v. TERRANCE D. NICHOLS

Court:TCCA

Attorneys:                          

C. Michael Robbins (on appeal) and Steven M. Temple (at trial),
Memphis, Tennessee, for the appellant, Terrance D. Nichols.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Lee Coffee, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Terrance D. Nichols, was convicted by a jury in the
Shelby County Criminal Court of premeditated first degree murder and
sentenced to life imprisonment.  On appeal, the appellant contends
that (1) the trial court erred by refusing to instruct the jury that
"reflection" in the context of the instruction on premeditation means
"careful consideration," and (2) the trial court committed plain error
by permitting the State to engage in improper and prejudicial argument
in its summation to the jury.  Upon review of the record and the
parties' briefs, we affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. JONATHAN WESLEY STEPHENSON 

Court:TCCA

Attorneys:                          

Carl R. Ogle, Jr., Jefferson City, Tennessee, John E. Herbison,
Nashville, Tennessee, and Tim S. Moore, Newport, Tennessee, for the
appellant, Jonathan Wesley Stephenson.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore,
Solicitor General; Angela M. Gregory, Assistant Attorney General; Al
Schmutzer, Jr., District Attorney General; and James B. Dunn,
Assistant District Attorney General, for the appellee, State of
Tennessee

Judge: WELLES

First Paragraph:

The Defendant, Jonathan Wesley Stephenson, appeals as of right his
sentence of death.  In 1990, he was convicted of first degree murder
and conspiracy to commit first degree murder in the death of his wife.
 His conviction for murder was based on his role in the killing under
the criminal responsibility statute.  The jury sentenced the Defendant
to death for the murder and the trial court imposed a consecutive
sentence of twenty-five years in prison for the conspiracy.  On direct
appeal, our supreme court affirmed both convictions, but remanded for
resentencing because of an error which nullified the jury's verdict. 
See State v. Stephenson, 878 S.W. 2d 530, 534 (Tenn. 1994).  On
remand, by agreement of the parties, the Defendant was sentenced to
life without parole for the murder and to sixty years for the
conspiracy.  In 1998, the Defendant filed a petition for writ of
habeas corpus in the Circuit Court for Johnson County in which he
challenged his life sentence.  On appeal, this court affirmed the
trial court's dismissal of the petition.  See Jonathan Stephenson v.
Howard Carlton, Warden, No. 03C01-9807-CR-00255, 1999 WL 318835 (Tenn.
Crim. App., Knoxville, May 19, 1999), app. granted (Tenn. Sept. 20,
1999).  On further review, the Tennessee Supreme Court concluded that
the Defendant's life sentence for the murder conviction was illegal
because life without parole was not a statutorily authorized
punishment at the time of the offense.  The Court remanded the case
for further proceedings.  See Stephenson v. Carlton, 28 S.W. 3d 910,
912 (Tenn. 2000).  After his life sentence was declared void,
resentencing proceedings began in the Circuit Court for Cocke County. 
At the conclusion of the proof, the jury found as the sole aggravating
circumstance that the "defendant committed the murder for remuneration
or the promise of remuneration or employed another to commit the
murder for remuneration or the promise of remuneration."  Tenn. Code
Ann. S39-13-204(i)(4).  The jury further found that the mitigating
circumstances did not outweigh the aggravating circumstance and
imposed the death penalty.  The Defendant now appeals.  We affirm the
judgment of the trial court.

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

STATE OF TENNESSEE v. KAHNIL WALLACE

Court:TCCA

Attorneys:                          

Robert Wilson Jones, Shelby County Public Defender; W. Mark Ward,
Assistant Public Defender (on appeal); and William L. Johnson,
Assistant Public Defender (at trial), for the appellant, Kahnil
Wallace.

Paul G. Summers, Attorney General and Reporter; Rachel E. Willis,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Thomas Henderson and Jennifer Nichols, Assistant District
Attorneys General, for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Kahnil Wallace, was convicted by a jury in the Shelby
County Criminal Court of felony murder, aggravated robbery, and
criminal attempt to commit theft of property.  The appellant was
sentenced to life imprisonment for the felony murder, twelve years
incarceration for the aggravated robbery, and six months for the
attempt to commit theft of property.  On appeal, the appellant
challenges the sufficiency of the evidence and the trial court's
ruling allowing the State to introduce evidence of his prior
conviction of armed robbery for impeachment purposes.  Upon review of
the record and the parties' briefs, we affirm the judgments of the
trial court.

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

STATE OF TENNESSEE v. DELAWRENCE WILLIAMS

Court:TCCA

Attorneys:                          

Charles M. Agee, Jr., Dyersburg, Tennessee, for the appellant,
Delawrence Williams.

Paul G. Summers, Attorney General and Reporter; Mark A. Fulks,
Assistant Attorney General; and C. Phillip Bivens, District Attorney
General, for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

This is a Rule 9, Tennessee Rules of Appellate Procedure,
interlocutory appeal of the trial court's denial of the defendant's
motion to suppress drug evidence seized from his home during a search
executed pursuant to a warrant.  The defendant, Delawrence Williams,
is charged with possession of more than .5 grams of cocaine with the
intent to sell or deliver based on the drug evidence  recovered from
his home and with aggravated assault based on a domestic violence
episode involving his girlfriend that preceded the issuance of the
search warrant.  At the suppression hearing, he argued that the
officer's affidavit in support of the warrant failed to establish
probable cause because it did not contain sufficient facts to show
that the defendant's girlfriend, who was the source for the officer's
knowledge, satisfied the two-pronged test, as set forth in State v.
Jacumin, 778 S.W.2d 430 (Tenn. 1989), for information supplied by a
criminal informant.  The trial court denied the motion, finding that
the affidavit sufficiently demonstrated the basis for the informant's
knowledge and the reliability of her information.  Following our
review, we affirm the order of the trial court denying the motion to
suppress.

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

MICHAEL WRIGHT v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Mark M. Mizell, Attorney, Franklin, Tennessee, for the appellant,
Michael Wright.

Paul G. Summers, Attorney General and Reporter; Helena W. Yarbrough,
Assistant Attorney General,  Ronald L. Davis, District Attorney
General; and Mary Katherine White, Assistant District Attorney
General, for the appellee, the State of Tennessee.

Judge: WOODALL

First Paragraph:

Appellant, Michael Wright, filed a pro se petition for post-conviction
relief, which was subsequently amended by appointed counsel. 
Following an evidentiary hearing, the petition was denied.  On appeal,
Appellant argues that he was entitled to post-conviction relief on his
claim that he received ineffective assistance of counsel.  After
careful review, we affirm the judgment of the post-conviction court.

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

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

TBALink HomeContact UsPageFinderWhat's NewHelp

© Copyright 2005 Tennessee Bar Association