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
 

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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

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