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   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 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 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! While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. 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