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   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 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 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. 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