February 4, 2000
Volume 6 -- Number 017

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
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
03 New Opinion(s) from the Tennessee Court of Appeals
02 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 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

						
JEFFREY L. LAWSON
VS.
UNIVERSITY OF TENNESSEE

Court:TCA

Attorneys:    

For Appellant               For Appellee
                
BEAUCHAMP E. BROGAN         VICTORIA H. BOWLING
General Counsel             Norris, Tennessee
University of Tennessee
Knoxville, Tennessee

RONALD C. LEADBETTER
Associate General Counsel
University of Tennessee
Knoxville, Tennessee                      

Judge:  SUSANO

First Paragraph:

We granted this Rule 9, T.R.A.P., application to determine whether the
defendant University of Tennessee ("the University") can be sued for a
violation of the federal Fair Labor Standards Act.  We find that it
cannot be sued for such violations under the current state of the law.
 Accordingly, we reverse the trial court's order denying the
University's motion to dismiss.

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





JOE PARKER, et. al
BOARD OF COMMISSIONERS OF ROANE COUNTY, TENNESSEE
and
BOARD OF COMMISSIONERS OF ROANE COUNTY, TENNESSEE
VS.
JOE PARKER, et. al

Court:TCA

Attorneys:

For the Appellants:             For the Appellees:
Steven Douglas Drinnon          Jack H. McPherson, Jr.
Dandridge, Tennessee            Kingston, Tennessee                    

Judge:  SWINEY

First Paragraph:

This is an appeal of a Roane Chancery Court order which enjoined
Appellants, Joe Parker, Mary Lynn Parker and Tiger Haven, Inc., from
maintaining any Class I, wild or exotic animals, on certain parcels of
land in Roane County, and from expanding the operation of Tiger Haven,
Inc., except upon proper application and approval by the County. 

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





HARLEY WHITE and WILLIAM MACK WHITE
VS.
GUY N. JONES, and wife, VIOLET E. JONES

Court:TCA

Attorneys:  

THOMAS V. TESTERMAN and ROY T. CAMPBELL, JR., Newport, for Appellees.

ROBERT H. BAILEY, Greeneville, for Appellants.                        

Judge:  FRANKS

First Paragraph:

This is a dispute between adjoining property owners over a tract of
land which the Chancellor determined was owned by plaintiffs.

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





NATHANIEL FLEMING
VS.
STATE OF TENNESSEE

Court:TCCA                          

Judge:  WILLIAMS

First Paragraph:

The petitioner, Nathaniel Fleming, appeals from the trial court's
dismissal of his petition for post-conviction relief.  In May 1989,
the Hickman County grand jury indicted the petitioner for first degree
murder.  This indictment led to a first trial which ended in a hung
jury.  At his second trial in October 1991, he was found guilty of the
indicted charge and sentenced to life in prison.  On direct appeal,
the petitioner's conviction was affirmed.  The petitioner then filed a
petition for post-conviction relief.  This petition was denied by the
trial court, and the petitioner appealed.

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





STATE OF TENNESSEE
VS. 
LISA KEY

Court:TCCA

Attorneys:                          

FOR THE APPELLANT:              FOR THE APPELLEE:

GREG W. EICHELMAN               PAUL G. SUMMERS 
District Public Defender        Attorney General & Reporter

MICHAEL A. WALCHER              MICHAEL J. FAHEY, II
Assistant Public Defender       Assistant Attorney General
1609 College Park Drive         2nd Floor, Cordell Hull Building
Morristown, TN  37813-1618      425 Fifth Avenue North 
                                Nashville, TN  37243

                                C. BERKELEY BELL, JR.
                                District Attorney General 

                                ERIC D. CHRISTIANSEN
                                Assistant District Attorney General
                                109 South Main Street, Suite 501
                                Greeneville, TN  37743 

Judge:  WOODALL

First Paragraph:

Defendant Lisa Key was indicted by the Greene County Grand jury for
possession of a controlled substance with intent to sell or deliver
and for possession of drug paraphernalia.  Following a jury trial,
Defendant was convicted of simple possession of a controlled substance
and possession of drug paraphernalia.  The trial court subsequently
imposed concurrent sentences of eleven months and twenty-nine days at
75% release eligibility.

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

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