May 12, 1999
Volume 5 -- Number 064

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink from Tennessee's three appellate courts.

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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
01 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Lucian T. Pera
Editor-in-Chief, TBALink

						
						
SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/statelst_510.WP6





ETHICS OPINION NO. 99-2

First Paragraph:

A request has been submitted to the Committee for an opinion regarding
the propriety of certain political activity by a part-time municipal
court judge.  The judge has been requested by the "Alexander for
President" campaign staff to be a co-chairperson for the Maury County
local campaign.  For this part-time municipal court judge with
municipal ordinance violation jurisdiction only, the provisions of
Canon 5A(1) elucidating the general requirements for political
activity are inapplicable.  Notwithstanding this exclusion, the
Committee opines that the anticipated political activity would be
inappropriate by virtue of other provisions of the Tennessee Code of
Judicial Conduct.

http://www.tba.org/tba_files/TSC_Rules/99-2_opn.WP6





GORDON L. PETERS
VS.
SHARON PETERS (MOORE)

Court:TCA

Attorneys: 

For the Plaintiff/Appellant:        For the Defendant/Appellee:

Kent F. Gearin                      Mary Jo Middlebrooks  
Martin, Tennessee                   Jackson, Tennessee 
                         

Judge:LILLARD

First Paragraph:

This is a post-divorce child custody case.  The father alleges that
violence in the mother's home constitutes a material change of
circumstance warranting a change of custody.  The trial court denied
the father's petition to change custody.  We reverse.

http://www.tba.org/tba_files/TCA/peters_opn.WP6





STATE OF TENNESSEE
VS.
WILLIAM COX

A. C. GILLESS, SHERIFF OF SHELBY COUNTY

Court:TCA

Attorneys:  

PAUL G. SUMMERS
Attorney General & Reporter
MARK A. HUDSON
Senior Counsel
Nashville, Tennessee
Attorneys for Appellant


LENARD HACKEL
Memphis, Tennessee
Attorney for Appellee                        

Judge:HIGHERS

First Paragraph:

The State of Tennessee ("the State") appeals from an order of the
Shelby County Criminal Court that ordered the State "to reimburse the
emergency hospitalization and medical treatment" of numerous criminal
defendants based upon Tennessee Code Annotated section 41-4-115(b). 
Based upon the following, we reverse and vacate the lower court's
order and remand for further proceedings consistent with this opinion.

http://www.tba.org/tba_files/TCA/statvcox_opn.WP6

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