February 15, 2000 Volume 6 -- Number 023 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. This Issue (IN THIS ORDER):   04 New Opinion(s) from the Tennessee Supreme Court 01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel 01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court 01 New Opinion(s) from the Tennessee Court of Appeals 02 New Opinion(s) from the Tennessee Court of Criminal Appeals 19 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   There are three ways for TBALink members to get the full-text versions of these opinions from the Web: 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. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Lucian T. Pera Editor-in-Chief, TBALink MICHAEL O'NEAL MCCONNELL VS. STATE OF TENNESSEE Court:TSC Attorneys: For the Appellant For the Appellee Charles W. Holt Paul G. Summers Lawrenceburg, Tennessee Attorney General & Reporter Nashville, Tennessee Gordon W. Smith Assistant Attorney General Nashville, Tennessee Ellen H. Pollack Assistant Attorney General Nashville, Tennessee Judge: BARKER First Paragraph: We granted the appeal in this case to decide whether the sentences imposed by the trial court pursuant to a plea bargain agreement that exceeded provisions of the Criminal Sentencing Reform Act of 1989 are illegal. We have examined the record and considered the arguments of the parties as well as applicable law. We conclude that the sentences imposed were outside the trial court's jurisdiction and were therefore illegal. Accordingly, we vacate appellant's sentences and remand this case to the trial court for proceedings consistent with this opinion. http://www.tba.org/tba_files/TSC/McConnellMO.wpd MAX NORTON and LONG OUTDOOR ADVERTISING VS. JOHN A. McCASKILL, d/b/a CITY SIGN COMPANY Court:TSC Attorneys: For Plaintiffs-Appellees: For Defendant-Appellant: Larry A. Butler James T. Ryal, Jr. Spragins, Barnett, Cobb & Butler, PLC Adams, Ryal & Flippin, PC Jackson, Tennessee Humboldt, Tennessee Justin S. Gilbert The Gilbert Firm Jackson, Tennessee Judge: DROWOTA First Paragraph: We granted this appeal to determine the time frame within which a lessee must exercise the option to renew a lease that does not designate a specific time frame for renewal but requires that the option be exercised "at the end of" or "at the termination of" the original lease term. We have concluded that in the absence of a specific time designation in the lease, an option to renew remains effective only during the term of the lease. Accordingly, when a lease merely stipulates that it must be renewed at the end of its term, the lessee must exercise the option on or before the day the lease expires. We find that the lease in this case was not renewed because the lessee did not exercise the option until after the lease had expired. We therefore affirm the judgments of the trial court and Court of Appeals. http://www.tba.org/tba_files/TSC/NORTON.wpd BENNY WAYNE RUMSEY VS. COUNTY OF HUMPHREYS AND HUMPHREYS COUNTY SHERIFF'S DEPARTMENT JUDGMENT ORDER Court:TSC Attorneys: Judge: PER CURIAM First Paragraph: This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference. Whereupon, it appears to the Court that the Memorandum Opinion of the Panel should be accepted and approved; and ... http://www.tba.org/tba_files/TSC/rumsey.wpd STATE OF TENNESSEE VS. AVERY WALKER Court:TSC Attorneys: For Appellant: For Appellee: JOHN S. COLLEY, III PAUL G. SUMMERS Columbia, TN Attorney General and Reporter MICHAEL E. MOORE Solicitor General ELIZABETH B. MARNEY Assistant Attorney General Nashville, TN T. MICHAEL BOTTOMS District Attorney General J. LEE BAILEY, III Assistant District Attorney Columbia, TN v Judge: BIRCH First Paragraph: The statute pertinent here provides that an officer who observes the commission of certain misdemeanors must cite and release the misdemeanant rather than effecting a custodial arrest. There are, however, exceptions to this statute. The exception relevant here authorizes an officer to effect a custodial arrest of a misdemeanant when that person "cannot or will not offer satisfactory evidence of identification . . . ." http://www.tba.org/tba_files/TSC/walkeraopn.wpd SHYUN S. HAMLETT VS. HEILIG-MEYERS FURNITURE CO. and LUMBERMAN'S MUTUAL INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: FOR THE APPELLANT: FOR THE APPELLEES: LEWIS L. COBB J. ARTHUR CREWS, II Spragins, Barnett, Cobb & Butler B. DUANE WILLIS 312 East Lafayette Street Waldrop and Hall, P.A. P.O. Box 2004 106 South Liberty Street Jackson, Tennessee 38302-2004 P.O. Box 726 Jackson, Tennessee 38301 Judge: TATUM First Paragraph: This workers' compensation appeal was referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tennessee Code Annotated S 50-6-225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This is an appeal by the employee, Shyun S. Hamlett, from a judgment of the Chancery Court of Madison County in favor of the defendants. The chancellor found that the appellant "was outside the course and scope of her employment" at the time of the accidental injury. In her only issue, the plaintiff states that the trial court was in error in its conclusion. We find that the preponderance of the evidence supports the finding of the chancellor and affirm his judgment. http://www.tba.org/tba_files/TSC_WCP/Hamlett.wpd SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/CERTLIST_0214.wpd WILLIAM THOMAS WINCHESTER VS. CHRISTY RAUCHLE LITTLE Court:TCA Attorneys: WILLIAM T. WINCHESTER, pro se Jackson, Tennessee THOMAS H. RAINEY JOHN D. BURLESON DALE CONDER, JR. RAINEY, KIZER, BUTLER, REVIERE & BELL, P.L.C. Jackson, Tennessee Attorneys for Appellee Judge: HIGHERS First Paragraph: Plaintiff William Thomas Winchester ("Winchester" or "Appellant") appeals the decision of the trial court dismissing Plaintiff's Complaint against Defendant Christy Little ("Little" or "Appellee"). http://www.tba.org/tba_files/TCA/WINCHEST.wpd ALICIA SHAYNE LOVERA VS. STATE OF TENNESSEE ORDER ON PETITION TO REHEAR Court:TCCA Attorneys: Judge: PER CURIAM First Paragraph: A petition to rehear has been filed on behalf of the appellant, Alicia Shayne Lovera, pursuant to Rule 39, Tenn. R. App. P., to have this court reconsider its opinion previously filed in this case on January 4, 2000. After consideration of the same, this court is of the opinion that the petition should be granted to address one allegation, i.e., whether the appellant's guilty plea was knowingly and voluntarily entered. http://www.tba.org/tba_files/TCCA/LoveraAS_ord.wpd STATE OF TENNESSEE VS. AIMEE LYNN WOLFE Court:TCCA Attorneys: FOR THE APPELLANT: JAMES H. SNYDER, JR. Attorney at Law 345 East Broadway Ave. Maryville, TN 37804 FOR THE APPELLEE: PAUL G. SUMMERS Attorney General & Reporter R. STEPHEN JOBE Asst. Attorney General 425 Fifth Ave. North 2d Floor, Cordell Hull Bldg. Nashville, TN 37243-0493 MICHAEL L. FLYNN District Attorney General EDWARD P. BAILEY, JR. Asst. District Attorney General 942 E. Lamar Alexander Pkwy. Maryville, TN 37804 Judge: WITT First Paragraph: The defendant, Aimee Lynn Wolfe, appeals from the revocation of her Community Corrections sentence by the Blount County Circuit Court. She contends that the trial court erred in revoking her Community Corrections sentence without authorizing a state-funded psychological evaluation for her. Following a review of the record and the briefs of the parties, we affirm the trial court's judgment. http://www.tba.org/tba_files/TCCA/WolfeA.wpd General Sessions Judge's Legal Authority Date: January 4, 2000 Opinion Number: Opinion No. 00-001 http://www.tba.org/tba_files/AG/OP1.pdf Powers of Board under Sheriff's Civil Service Law Date: January 4, 2000 Opinion Number: Opinion No. 00-002 http://www.tba.org/tba_files/AG/OP2.pdf Utility Districts with Territory in More than One County Date: January 6, 2000 Opinion Number: Opinion No. 00-003 http://www.tba.org/tba_files/AG/OP3.pdf Special School District - Waiver of Pro Rata Distribution of Bond Proceeds Date: January 6, 2000 Opinion Number: Opinion No. 00-004 http://www.tba.org/tba_files/AG/OP4.pdf Fund raising, School Property, County Trustee, Audits Date: January 11, 2000 Opinion Number: Opinion No. 00-005 http://www.tba.org/tba_files/AG/OP5.pdf Truancy enforcement -- private and church-related schools Date: January 11, 2000 Opinion Number: Opinion No. 00-006 http://www.tba.org/tba_files/AG/OP6.pdf Exemptions Under the Tennessee Oil Spill Cleanup and Environmental Preservation Act Date: January 18, 2000 Opinion Number: Opinion No. 00-007 http://www.tba.org/tba_files/AG/OP7.pdf Effect of Juvenile Delinquency Adjudications Upon Ability to Obtain Handgun Carrying Permit. Date: January 18, 2000 Opinion Number: Opinion No. 00-008 http://www.tba.org/tba_files/AG/OP8.pdf Actions of Court Officers Date: January 19, 2000 Opinion Number: Opinion No. 00-009 http://www.tba.org/tba_files/AG/OP9.pdf House Rule 63: Status of House Bill 954 Date: January 19, 2000 Opinion Number: Opinion No. 00-010 http://www.tba.org/tba_files/AG/OP10.pdf Campaign Fundraising by Legislator for County Office Date: January 24, 2000 Opinion Number: Opinion No. 00-011 http://www.tba.org/tba_files/AG/OP11.pdf Constitutionality of Tenn. Code Ann. S 36-5-116(a)(1) Date: January 24, 2000 Opinion Number: Opinion No. 00-012 http://www.tba.org/tba_files/AG/OP12.pdf Building and Fire Codes for County Educational Facilities Date: January 24, 2000 Opinion Number: Opinion No. 00-013 http://www.tba.org/tba_files/AG/OP13.pdf Publication of criminal case dispositions on the Internet. Date: January 26, 2000 Opinion Number: Opinion No. 00-014 http://www.tba.org/tba_files/AG/OP14.pdf Voting on Metropolitan Planning Organization Date: January 26, 2000 Opinion Number: Opinion No. 00-015 http://www.tba.org/tba_files/AG/OP15.pdf TennCare/House Bill 2002 Date: February 2, 2000 Opinion Number: Opinion No. 00-016 http://www.tba.org/tba_files/AG/OP16.pdf Constitutionality of Municipal Charter Amendment that Extends Term of Elected Officials Date: February 8, 2000 Opinion Number: Opinion No. 00-017 http://www.tba.org/tba_files/AG/OP17.pdf Inclusion of Federally Owned Land in County Growth Plan Date: February 10, 2000 Opinion Number: Opinion No. 00-018 http://www.tba.org/tba_files/AG/OP18.pdf Separation of Powers: Board Appointments by Speakers Date: February 10, 2000 Opinion Number: Opinion No. 00-019 http://www.tba.org/tba_files/AG/OP19.pdf PLEASE FORWARD THIS E-MAIL! Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address. 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