November 2, 2000
Volume 6 -- Number 180

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
02 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

CITY OF CHATTANOOGA v. KEVIN DAVIS
WITH CONCURRING OPINION & DISSENTING OPINION
CORRECTION

Court:TCA

Attorneys:

Kenneth O. Fritz, Chattanooga, Tennessee, for the appellant, City of
Chattanooga.

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: SUSANO

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


CONCURRING OPINION
http://www.tba.org/tba_files/TCA/davisk_con.wpd


DISSENTING OPINION
http://www.tba.org/tba_files/TCA/davisk_dis.wpd


WILLIAM COLLINS v. STATE OF TENNESSEE Court:TCCA Attorneys: William Collins, Mountain City, Tennessee, pro se. Paul G. Summers, Attorney General & Reporter, Patricia C. Kussmann, Assistant Attorney General, Victor Vaughn, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: Because the trial court properly treated a habeas corpus petition as one for post-conviction relief and because the statute of limitations barred any review of constitutional issues, the petition was properly dismissed. http://www.tba.org/tba_files/TCCA/collinsw.wpd
STATE OF TENNESSEE v. BILLY KENNETH HALL Court:TCCA Attorneys: Dale Miller, Knoxville, Tennessee (on appeal) and John W. Routh, Knoxville, Tennessee (at trial) for appellant, Billy Kenneth Hall. Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Scott Green, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant appeals his convictions for aggravated kidnapping and aggravated rape, contending that the evidence is insufficient to support his convictions, that the trial court should have granted a continuance to allow him to substitute counsel, and that his attorney was constitutionally ineffective. We affirm the trial court. http://www.tba.org/tba_files/TCCA/hallbk.wpd

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