Novembe 1, 2000 Volume 6 -- Number 179 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 00 New Opinion(s) from the Tennessee Court of Criminal Appeals 02 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 CITY OF CHATTANOOGA v. KEVIN DAVIS WITH DISSENTING OPINION Court:TCA Attorneys: Jerry H. Summers, Chattanooga, Tennessee, for the appellee, Kevin Davis. Paul G. Summers, Attorney General & Reporter, and Peter M. Coughlan, Assistant Attorney General, for the intervening party, State of Tennessee. Judge: FRITZ First Paragraph: The defendant was found guilty of violating a city ordinance proscribing reckless driving. A Chattanooga city court judge imposed a "penalty" of $300. On his appeal to the Hamilton County Criminal Court, the defendant was again found guilty, but this time his punishment was set at $50. The trial court went further and permanently enjoined the City of Chattanooga from "imposing or trying to collect" fines or penalties in excess of $50 for ordinance violations. The trial court also declared the state statutes and city ordinance providing for the assessment of penalties up to $500 for such violations to be unconstitutional and/or invalid. We affirm the trial court's imposition of a $50 fine. We reverse the judgment of court declaring the statutes and city ordinance unconstitutional and/or invalid. We further reverse the judgment of the court enjoining the City from collecting fines or penalties in excess of $50. http://www.tba.org/tba_files/TCA/davisk_opn.wpd DISSENTING OPINION http://www.tba.org/tba_files/TCA/davisk_dis.wpd Local Education - Personnel; Compensation; Conflict of Interest Date: October 31, 2000 Opinion Number: 00-168 http://www.tba.org/tba_files/AG/OP168.pdf Title to real property conveyed for use as a site for a new public library Date: October 31, 2000 Opinion Number: 00-169 http://www.tba.org/tba_files/AG/OP169.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. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/ SUBSCRIBE TO OPINION FLASH! Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! For the Plain Text Version: 1) Send an e-mail message to: Opinion-Flash@tba.org 2) In the SUBJECT of the message type: SUBSCRIBE 3) Leave the body of the message blank For the HTML Text Version: 1) Send an e-mail message to: Opinion-Flash@tba.org 2) In the SUBJECT of the message type: SUBSCRIBE HTML 3) Leave the body of the message blank UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! To STOP receiving TBALink Opinion-Flash: 1) Send an e-mail message to: Opinion-Flash@tba.org 2) In the SUBJECT of the message type: UNSUBSCRIBE 3) Leave the body of the message blank © Copyright 2000 Tennessee Bar Association