April 24, 2000
Volume 6 -- Number 060

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):
 
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
01 New Opinion(s) from the Tennessee Court of Appeals
04 New Opinion(s) from the Tennessee Court of Criminal Appeals
04 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

						
B & G CONSTRUCTION, INC. v. MANFRED POLK, et al.

Court:TCA

Attorneys:

Manfred Polk, Brentwood, Tennessee, appellant, Pro Se.

Isham B. Bradley, Brentwood, Tennessee, for the appellee, B & G
Construction, Inc.

Judge: SWINEY

First Paragraph:

This appeal arises from a judgment for the Appellee landlord in a
Circuit Court appeal from a detainer action originally brought in
Davidson County General Sessions Court.  The Appellant tenant raises
issues alleging error in the Trial Court's assertion of jurisdiction
over the cause of action.  These assertions are based upon the
tenant's objection to the method of service of process for the General
Sessions Court detainer warrant, and failure of the Circuit Court to
recognize the tenant's filing of a petition for removal in the United
States District Court.  Because the detainer warrant was served upon
an adult found in possession of the premises in question, service of
process was effective under T.C.A. S 29-18-115(a) to establish
jurisdiction for the original General Sessions Court award of
possession in favor of the landlord.  When the tenant appealed the
General Sessions Court judgment to Davidson County Circuit Court under
the authority of T.C.A. SS 29-18-128 and 27-5-108, the appeal was de
novo under T.C.A. SS 16-15-729 and 27-5-108(c), and the Circuit Court
acted properly in awarding the landlord not only possession, but also
damages and discretionary costs.  Because the tenant failed to comply
with the procedure required to remove the lawsuit from the
jurisdiction of the Tennessee courts to the jurisdiction of the
federal court, the Trial Court properly retained jurisdiction over
this cause of action.

http://www.tba.org/tba_files/TCA/B&GConst.wpd



STATE OF TENNESSEE v. MICHAEL T. GILLIAM Court:TCCA Attorneys: John S. Anderson, Rogersville, Tennessee, for the appellant, Michael T. Gilliam Paul G. Summers, Attorney General and Reporter, R. Stephen Jobe, Assistant Attorney General, Nashville, Tennessee, C. Berkeley Bell, Jr., District Attorney General, Michelle Green, Assistant District Attorney General, for appellee, State of Tennessee Judge: WITT First Paragraph: The defendant, Michael T. Gilliam, appeals from his Class E felony conviction of manufacturing marijuana. The trial court imposed the maximum sentence of two years to be served in the Department of Correction. In this appeal, the defendant challenges the sufficiency of the convicting evidence and the length of the sentence. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/GilliamM.wpd
STATE OF TENNESSEE v. ANDREW YOUNG JOHNSON Court:TCCA Attorneys: J. Wesley Edens, Bristol, Tennessee, for the appellant, Andrew Young Johnson. Paul G. Summers, Attorney General and Reporter, Marvin S. Blair, Jr., Assistant Attorney General, H. Greeley Wells, Jr., District Attorney General, and Mary Katherine Harvey, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant appealed his convictions for reckless endangerment with a deadly weapon and attempted first degree murder, for which he received an effective sentence of twenty-five years. As the basis for his appeal, he alleged that the evidence was insufficient for conviction, that the trial court should have given his special jury instructions, that the court should have excused one of the jurors from the panel, and that the trial court should have held a hearing as to whether he wanted to continue with the same counsel. Based upon our review, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/johnsonay.wpd
STATE OF TENNESSEE v. MICHAEL Q. RAY Court:TCCA Attorneys: David A. Stuart, Clinton, Tennessee, for the appellant, Michael Q. Ray. Paul G. Summers, Attorney General and Reporter, Patricia C. Kussmann, Assistant Attorney General, James N. Ramsey, District Attorney General, and Janice G. Hicks, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WODDALL First Paragraph: Defendant pled guilty to one count of second degree murder. Defendant subsequently filed a motion to withdraw his guilty plea. The trial court denied the motion and Defendant challenges that denial. The judgment of the trial court is reversed. http://www.tba.org/tba_files/TCCA/raymq.wpd
LAWRENCE STRICKLAND, v. STATE OF TENNESSEE Court:TCCA Attorneys: Kenneth F. Irvine, Jr., Eldridge & Irving, PLLC, Knoxville, Tennessee, for the appellant, Lawrence Strickland. Paul G. Summers, Attorney General and Reporter, and Kim R. Helper, Assistant Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: The petitioner is presently serving a twelve (12) year sentence imposed following his 1997 guilty plea to aggravated sexual battery. In 1998, he filed a petition for post-conviction relief alleging, inter alia, that his guilty plea was involuntary because he was not fully advised of his rights prior to entering a plea of guilty. At the hearing on the petition, the petitioner also claimed that his guilty plea was unknowing and involuntary because he was under the influence of mind-altering medications when he entered his plea. After an evidentiary hearing, the trial court denied the petition. On appeal, the petitioner presents two (2) issues for this Court's review: (1) whether he is entitled to a new hearing as a result of an inadequate transcript of the post-conviction hearing; and (2) whether his guilty plea was knowingly and voluntarily entered. After a thorough review of the record before this Court, we conclude that a new evidentiary hearing is not required and that the record amply supports the trial court's judgment that the petitioner knowingly and voluntarily entered his guilty plea. The judgment of the trial court is therefore affirmed. http://www.tba.org/tba_files/TCCA/stricklandlaw.wpd
Constitutionality of Limiting Minor's Access to Video Games Date: April 11, 2000 Opinion Number: Opinion No. 00-068 http://www.tba.org/tba_files/AG/OP68.pdf
Constitutionality of Proposed Amendment to House Bill 2230 Limiting Payment of Punitive Damage Awards to Civil Litigation Plaintiffs Who Obtain Judgments Including Punitive Damages in an Amount Over $50,000,000 Against One or More of the Defendants Released From Liability Pursuant to the Master Settlement Agreement. Date: April 11, 2000 Opinion Number: Opinion No. 00-069 http://www.tba.org/tba_files/AG/OP69.pdf
"Emeritus Programs" Established by the Board of Regents of the State University and Community College System and the Board of Trustees of the University of Tennessee Date: April 11, 2000 Opinion Number: Opinion No. 00-070 http://www.tba.org/tba_files/AG/OP70.pdf
Identification for Pawn Transactions Date: April 11, 2000 Opinion Number: Opinion No. 00-071 http://www.tba.org/tba_files/AG/OP71.pdf

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