January 30, 2001
Volume 7 -- Number 019

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):
 
02 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
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

STATE OF TENNESSEE v. RICHARD T. SMILEY

Court:TSC

Attorneys: 

Kevin W. Shepherd, Maryville, Tennessee, for the appellant, Richard T.
Smiley.

Paul G. Summers, Attorney General and Reporter, Michael E. Moore,
Solicitor General, Todd R. Kelley, Assistant Attorney General, Michael
L. Flynn, District Attorney, and Kirk Andrews, Assistant District
Attorney General, for the appellee, State of Tennessee.                         
 
Judge: BIRCH

First Paragraph:

Richard T. Smiley, using a knife, inflicted injury to the victim, W.
F. Bivens.  Smiley was indicted for aggravated assault, a Class C
felony under Tenn. Code Ann. S 39-13-102(a)(1) (Supp. 1995).  In
contrast, the simple assault statute, Tenn. Code Ann. S 39-13-101(a)
(1997), provides that a person who intentionally causes "physical
contact" that is "extremely offensive or provocative" commits a Class
B misdemeanor.   This case presents for review the question whether
the lesser crime of intentionally causing "extremely offensive or
provocative" physical contact should have been submitted to the jury
as a lesser-included offense of aggravated assault even when the
aggravated assault caused "bodily injury."  Because we find that the
offense of intentionally causing "extremely offensive or provocative"
physical contact should not have been submitted to the jury as a
lesser included offense of aggravated assault (bodily injury), we
affirm the judgment of the Court of Criminal Appeals.

http://www.tba.org/tba_files/TSC/smileyr.wpd


MICHAEL H. SNEED v. BOARD OF PROFESSIONAL RESPONSIBILITY Court:TSC Attorneys: Michael H. Sneed, Nashville, Tennessee, for the appellant, Michael H. Sneed. Charles A. High, Nashville, Tennessee, for the appellee, Board of Professional Responsibility. Judge: BIRCH First Paragraph: This case is before the Court on an appeal of right from the judgment of the Chancery Court of Davidson County suspending Michael H. Sneed, the appellant, from the practice of law for six months together with other sanctions. Sneed contends that the trial court erred in imposing discipline and that the six-month suspension is too harsh a sanction. Because we conclude that the trial court had the authority to impose sanctions and that the sanctions imposed are fair and proportionate in light of the entire record, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TSC/sneedm.wpd
BERMAN D. KENNEDY v. DARLENE LANE-DETMAN, et al. Court:TCA Attorneys: Charles D. Paty, Chattanooga, Tennessee, for the appellant, Berman D. Kennedy. Barry L. Abbott, Chattanooga, Tennessee, for the appellee, Herbert G. Adcox. Judge: SUSANO First Paragraph: The defendant Herbert G. Adcox guaranteed, in part, payment of a $35,000 promissory note executed by Darlene Lane-Detman in favor of the plaintiff Berman D. Kennedy. Adcox's guaranty took the form of a post-dated check in the amount of $30,000. When Detman defaulted on the note and Adcox then stopped payment on the check, the plaintiff sued Adcox on the check. The trial court granted Adcox summary judgment, finding that the record before it established a number of affirmative defenses. We affirm the trial court's decision to grant summary judgment to Adcox, because we find that Kennedy modified the repayment terms of Detman's note without Adcox's consent. http://www.tba.org/tba_files/TCA/kennedybd.wpd

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