November 16, 2000 Volume 6 -- Number 189 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):   01 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 02 New Opinion(s) from the Tennessee Court of Appeals 01 New Opinion(s) from the Tennessee Court of Criminal Appeals 01 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 In the Matter Of All Assessments, Review of Ad Valorem Assessments of Public Utility Companies for Tax Year 1998 Court:TSC Attorneys: Attorney General Paul G. Summers and Jimmy G. Creecy, Chief Special Counsel, Office of the Attorney General, Nashville, Tennessee, for appellant, Tennessee State Board of Equalization. James W. McBride, Washington, D. C., Stephen D. Goodwin, Memphis, Tennessee, and Brigid T. Miller, Nashville, Tennessee for intervenors/appellants, Coalition of Certain Utilities. T. Arthur Scott, Jr. and Suzanne S. Cook, Kingsport, Tennessee, for intervenors/appellants, Appalachian Power Company and Kingsport Power Company. James L. Charles and Paul Krivacka, Nashville, Tennessee for appellee, The Metropolitan Government of Nashville and Davidson County. Jeffrey D. Moseley, Franklin, Tennessee, Donnie E. Wilson, Memphis, Tennessee, Robert B. Rolwing, Memphis, Tennessee, and Jean Dyer Harrison, Nashville, Tennessee, for appellees, Shelby and Williamson Counties. Judge: DROWOTA First Paragraph: This Court granted the applications for permission to appeal submitted on behalf of the Tennessee Board of Equalization and certain public utility companies. The purpose of our grant was to consider whether the Court of Appeals erred in determining that the Board of Equalization had exceeded its authority in granting a reduction in the assessed value of certain centrally-assessed public utility tangible personal property for tax year 1998. We hold that the Board of Equalization does have the legal authority, as part of the equalization process, to reduce the appraised value (and the assessed value) of centrally-assessed public utility property. Such a reduction is an appropriate remedy where the reduction causes the appraised value of such centrally-assessed personal property within each local tax jurisdiction to bear the same ratio to fair market value as obtains for the personal property within such local jurisdiction that is appraised and assessed by local taxing authorities. The judgment of the Court of Appeals is reversed, and this case is remanded to the Tennessee Board of Equalization for further proceedings consistent with this opinion. http://www.tba.org/tba_files/TSC/assessments.wpd MITCHELL BLAIN BINGHAM v. TAMMYANNE BINGHAM Court:TCA Attorneys: W. Troy McDougal, Collegedale, Tennessee, and Richard Ducote, New Orleans, Louisiana, for the appellant, Tammyanne Bingham. Sherry B. Paty, Chattanooga, Tennessee, for the appellee, Mitchell Blain Bingham. Sandra J. Bott, Chattanooga, Tennessee, for the appellees, Dr. Sam Bingham and Mary Lynn Bingham. Judge: SUSANO First Paragraph: In this post-divorce case, Mitchell Blain Bingham filed a petition seeking the custody of his minor child. The trial court, instead, awarded the child's custody to the child's paternal grandparents, who, prior to the trial court's order awarding them custody, were not parties to the action and had not previously petitioned for custody. Both of the child's parents appeal the award of custody to the paternal grandparents. We vacate the trial court's judgment and remand for further proceedings. http://www.tba.org/tba_files/TCA/binghammb.wpd JUDD'S INCORPORATED v. DORIS L. MUIR, et al. Court:TCA Attorneys: W. Richard Baker, Jr., Knoxville, Tennessee, for the Appellants, Doris L. Muir and Allan T. Muir James H. Ripley, Sevierville, Tennessee, for the Appellee Judd's Incorporated Edward H. Hamilton, Sevierville, Tennessee, for the Appellee Halliday-Tyler Printing, Inc. Judge: GODDARD First Paragraph: In this appeal Doris and Allan Muir insist that the Chancellor was in error in not allowing their homestead exemption as to certain funds realized from the sale of real estate to satisfy a judgment previously entered against them. Their attorney, W. Richard Baker, Jr., insists that the Chancellor was in error in not enforcing a lien for his attorney fees that he claimed was properly perfected as to the same funds. We affirm. http://www.tba.org/tba_files/TCA/juddinc.wpd STATE OF TENNESSEE v. FARON DOUGLAS PIERCE Court:TCCA Attorneys: Charles Deas, Maryville, Tennessee, for the appellant, Faron Douglas Pierce. Paul G. Summers, Attorney General & Reporter, Mark A. Fulks, Assistant Attorney General, and William Reed, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Faron Douglas Pierce, was convicted of one count of aggravated robbery. See Tenn. Code Ann. S 39-13-402. The trial court imposed a Range II sentence of 20 years in the Tennessee Department of Correction. In this appeal as of right, the defendant challenges the sufficiency of the evidence and contends that his sentence is excessive. Because the evidence is sufficient and because the defendant has failed to demonstrate that his sentence is excessive, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/piercefd.wpd Transportation of Persons with Mental Illness in Shelby County Date: November 8, 2000 Opinion Number: 00-172 http://www.tba.org/tba_files/AG/OP172.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