August 13, 2000 Volume 6 -- Number 146 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):   02 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 03 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) 01 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 STUART BOWDEN v. MEMPHIS BOARD OF EDUCATION Court:TSC Attorneys: Charles Hampton White, Richard L. Colbert, and Jay N. Chamness, Nashville, Tennessee, for the appellant, Stuart Bowden. Ernest G. Kelly, Jr, Memphis, Tennessee, for the appellee, Memphis Board of Education. Judge: ANDERSON First Paragraph: We granted this appeal to determine whether the appellant acquired permanent tenure where the superintendent of schools failed to notify the Board of Education that the appellant would attain tenure if reelected for a fourth year of employment. We conclude that if the superintendent fails to notify the Board pursuant to Tenn. Code Ann. S 49-5-504(b), permanent tenure is not attained. We therefore affirm the judgment of the Court of Appeals, which had upheld the trial court's summary judgment in favor of the Board. http://www.tba.org/tba_files/TSC/bowdens.wpd A. THOMAS MONCERET v. THE BOARD OF PROFESSIONAL RESPONSIBILITY CORRECTION Court:TSC Attorneys: A. Thomas Monceret, Knoxville, Tennessee, Pro Se. William W. Hunt, III, Disciplinary Counsel, Board of Professional Responsibility of the Supreme Court of Tennessee, Nashville, Tennessee, for the appellee, Board of Professional Responsibility. Judge: ANDERSON First Paragraph: This is an appeal from the Knox County Chancery Court, which affirmed a hearing panel's ruling that the appellant violated Tenn. R. Sup. Ct. 8, DR 7-104(A)(1) by deposing a witness that he knew to be represented by counsel. We hold that the chancery court correctly determined that the term "party" used in DR 7-104(A)(1) is not limited to the named plaintiff or defendant in a lawsuit and may also include a witness who is represented by counsel. We further hold that the protection of the Rule cannot be waived by the party but only by the party's lawyer. Accordingly, we affirm the judgment. http://www.tba.org/tba_files/TSC/monceret.wpd FORMAL ETHICS OPINION 2000-F-145 Court:TSC - Rules First Paragraph: Inquiry is made regarding the ethical propriety of defense attorneys retained by insurance companies to represent the insurance company's insureds, taking the following actions in tort cases, solely because the insurance company directs them to do so: appeal adverse General Sessions judgments against the insureds, and refuse to waive a jury trial in such cases, and refuse to participate in mediation on behalf of the insureds. http://www.tba.org/tba_files/TSC_Rules/feo145.wpd State of Tennessee v. Joe C. Anderson a/k/a Uncle Joe Court:TCCA Attorneys: Joseph R. Ford, Loudon, Tennessee, Kenneth F. Irvine, Jr., Knoxville, Tennessee (on appeal) Alfred Hathcock and Walter Johnson, Assistant District Public Defenders (at trial), for the appellant, Joe C. Anderson. Paul G. Summers, Attorney General & Reporter, Mark A. Fulks, Assistant Attorney General, Charles E. Hawk, District Attorney General, Scott McCluen and Frank Harvey, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WITT First Paragraph: Raising issues of sufficiency of the evidence and improper sentencing, Joe C. Anderson appeals from his conviction of second degree murder in the Loudon County Criminal Court. Because we discern no error requiring reversal, we affirm. http://www.tba.org/tba_files/TCCA/andersonjc.wpd STATE OF TENNESSEE v. SHANNON CORLEY Court:TCCA Attorneys: George Waters, Assistant District Public Defender, for the appellant, Shannon Corley. Paul G. Summers, Attorney General & Reporter; Clinton J. Morgan, Counsel for the State; Michael L. Flynn, District Attorney General; and Tammy M. Harrington, Assistant District Attorney, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant seeks full probation after pleading guilty to aggravated burglary and theft. She claims the trial court erred in requiring her to be incarcerated for ninety days of her four-year sentence. We affirm the sentence as imposed. http://www.tba.org/tba_files/TCCA/corleys.wpd J.D. HICKMAN v. STATE OF TENNESSEE Court:TCCA Attorneys: J.D. Hickman, Mountain City, Tennessee, Pro Se Paul G. Summers, Attorney General and Reporter, Patricia C. Kussmann, Assistant Attorney General, Elizabeth B. Marney, Assistant Attorney General, Joe C. Crumley, District Attorney General, for the appellee, State of Tennessee. Judge: WITT First Paragraph: J.D. Hickman appeals from the Washington County Criminal Court's summary dismissal of his pro se petition for post-conviction relief, complaining of excessive sentences, and the denial of his pro se motion to correct his conviction judgments. After reviewing the record on appeal, the briefs of the parties, and the applicable law, we dismiss the petitioner's appeal from the denial of his motion to correct the judgment forms, and we affirm the trial court's dismissal of the post-conviction petition. http://www.tba.org/tba_files/TCCA/hickmanjd.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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