November 3 , 2000 Volume 6 -- Number 181 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 03 New Opinion(s) from the Tennessee Court of Appeals 01 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 CONCURRING OPINION Court:TCA Judge: GODDARD First Paragraph: I concur in the opinion of Judge Susano because I believe he has accurately articulated the present state of Tennessee law on the subject at hand. I also concur in so much of the dissenting opinion of Judge Franks as urges the Supreme Court to accept this case if an application for permission to appeal is requested so that a definitive and authoritative rule may be enunciated as to this significant constitutional question. http://www.tba.org/tba_files/TCA/chattanoogac.wpd WILLIAM DAVIDSON v. RICHARD HOLTZMAN, et al. Court:TCA Attorneys: Michael E. Richardson, Chattanooga, Tennessee, for the appellants, Richard Holtzman and Engel Stadium Corporation. William H. Horton, Chattanooga, Tennessee, for the appellee, William Davidson. Judge: SUSANO First Paragraph: The jury awarded the plaintiff, William Davidson, damages for breach of two oral contracts between Davidson and his former employer, the defendant Richard Holtzman, who, at the time the contracts were made, was the sole shareholder of the defendant Engel Stadium Corporation ("the Corporation"). Defendants appeal, arguing (1) that one of the agreements is barred by the Statute of Frauds; (2) that the same agreement is too indefinite to be enforced; and (3) that the trial court erred in admitting the testimony of another former employee of Holtzman. We affirm. http://www.tba.org/tba_files/TCA/davidsonw.wpd JIM HOCKADAY v. DENNIS FREELS Court:TCA Attorneys: Thomas M. Leveille, Knoxville, Tennessee, for the appellant, Dennis Freels. Henry Clay Barry, Lebanon, Tennessee, for the appellee, Jim Hockaday. Judge: SUSANO First Paragraph: This is an action for conversion of a $10,169.59 check. Responding to the plaintiff's allegations, the defendant claimed he had authority to negotiate the check because he and the plaintiff had orally entered into a partnership or joint venture. Following a bench trial, the court below found that no such relationship existed and that the defendant had wrongfully converted the check. We affirm. http://www.tba.org/tba_files/TCA/hockadayj.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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