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
 

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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
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

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