February 17, 2000 Volume 6 -- Number 025 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):   03 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 00 New Opinion(s) from the Tennessee Court of Appeals 00 New Opinion(s) from the Tennessee Court of Criminal Appeals 00 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 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 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 PLEASE FORWARD THIS E-MAIL! Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address. GET A FULL-TEXT COPY OF AN OPINION! See the intrsuctions at the beginning of this edition of Opinion Flash. JOIN TBALink! 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