| TODAY'S OPINIONS: Tuesday, October 11, 2005
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 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
01 - TN Court of Appeals
01 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
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Howard H. Vogel
| MARTIN EDWARD MALONE v. LYNETTE DIANE BERGER MALONE
James F. Logan, Jr., Cleveland, Tennessee, for appellant.
Randy Sellers, Cleveland, Tennessee, for appellee.
The Trial Court, while finding a material change in circumstances, refused to change custody of the
minor child on the ground that it would not be in the best interest of the child.
STATE OF TENNESSEE v. MICHAEL R. HARNESS
Patricia Hall Long, Knoxville, Tennessee, for the appellant, Michael R. Harness.
Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General;
William Paul Phillips, District Attorney General; and Amanda L. Cox, Assistant District
Attorney General, for the appellee, State of Tennessee.
The defendant, Michael R. Harness, pled guilty to attempted aggravated sexual battery, a Class C felony, and the Union County Criminal Court sentenced him as a child rapist to five years to be served at one hundred percent in the Department of Correction. The defendant appeals,
contending that the trial court erred in applying enhancement factors in sentencing, in denying him alternative sentencing, and in sentencing him as a child rapist to serve his sentence at one hundred percent. We hold the trial court erred in classifying the defendant as a child rapist, in applying an enhancement factor, and in failing to apply a mitigating factor based on the defendantās poor health. We modify his sentence to four years with a release eligibility of thirty percent to reflect his status as a Range I, standard offender. In all other respects, we affirm the judgment of the trial court, and we remand the case for entry of a judgment consistent with this opinion.