February 6, 2001 Volume 7 -- Number 023 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 01 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 00 New Opinion(s) from the Tennessee Court of Criminal Appeals 05 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 KENNETH CROTTS v. BENCHMARK MECHANICAL CONTRACTORS, INC. Court:TSC - Workers Comp Panel Attorneys: Paul Todd Nicks, Jackson, Tennessee, for the Appellant, Kenneth Crotts W. Timothy Hayes, Jr., Memphis, Tennessee, for the Appellee, Benchmark Mechanical Contractors, Inc. Judge: MALOAN First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff, Kenneth Crotts, appeals the judgment of the Circuit Court of Hardin County which found the plaintiff failed to carry his burden of proving an injury by accident and dismissed his claim. For the reasons stated in this opinion, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/crottsk.wpd RONALD L. DAVIS v. HERSHELL D. KOGER Court:TCA Attorneys: Ronald L. Davis, Henning, Tennessee, Pro Se. Hershell D. Koger, Pulaski, Tennessee, Pro Se. Judge: KOCH First Paragraph: This appeal involves a dispute between a convicted felon and the lawyer appointed to represent him in his efforts to reopen his post-conviction challenge to his conviction. After the efforts to set aside his conviction proved unsuccessful, the prisoner sued the lawyer in the Chancery Court for Maury County arguing that his civil rights had been violated because his lawyer had conspired with the prosecutor and the trial judge to prevent him from obtaining the post-conviction relief to which he believed he was entitled. The lawyer denied these allegations, and the prisoner moved for a summary judgment. On June 15, 2000, the trial court summarily dismissed the prisoner's complaint on two grounds. First, the court concluded that it did not have subject matter jurisdiction to consider claims regarding the denial of the prisoner's request for post-judgment relief. Second, the trial court concluded that the prisoner had failed to state a claim upon which relief can be granted. We affirm the dismissal of the prisoner's complaint. http://www.tba.org/tba_files/TCA/davisrl.wpd DOROTHY JEAN SHELTON v. MICHAEL E. SHELTON Court:TCA Attorneys: Eric J. Burch, Manchester, Tennessee, for the appellant, Michael E. Shelton. Roger J. Bean and Jeffrey D. Ridner, Tullahoma, Tennessee, for the appellee, Dorothy Jean Shelton. Judge: KOCH First Paragraph: This appeal involves a dispute over spousal support following the dissolution of a 27-year marriage. Following a bench trial, the Chancery Court for Coffee County awarded the wife a divorce on the ground of inappropriate marital conduct and directed the husband to pay $4,000 per month in spousal support for ten years. On this appeal, the husband takes issue with the amount and duration of the spousal support award. We have determined that the record amply supports the trial court's decision and, therefore, affirm the spousal support award. http://www.tba.org/tba_files/TCA/sheltondj.wpd JERRY TRUSTY, et al. v. CAPRI ROBINSON, et al. Court:TCA Attorneys: Jerry Gonzalez, Lebanon, Tennessee, for the appellants, Capri Robinson and David Grauherr. Jacky O. Bellar, Carthage, Tennessee, for the appellees, Jerry Trusty and Sue Trusty. Judge: KOCH First Paragraph: This appeal arises from a landlord-tenant dispute over damage to residential property. After the landlords obtained a $3,600 judgment in the Smith County General Sessions Court, the tenants appealed to the Circuit Court for Smith County. A jury awarded the landlords $4,500. On this appeal, the appellants assert that the trial court erred by (1) permitting the landlords' lawyer to exercise a peremptory challenge in a racially discriminatory manner, (2) permitting the landlords' lawyer to make prejudicial statements to the jury during opening argument, (3) providing a supplemental instruction in response to the jury's question, and (4) failing to enter a detailed order denying their motion for new trial. We find nothing deficient in the trial court's order denying the motion for new trial. In addition, the absence of either a transcript or a statement of the evidence or proceedings prevents us from considering the substance of the tenants' other issues. Accordingly, we affirm the judgment and find that the appeal is frivolous. http://www.tba.org/tba_files/TCA/trustyj.wpd Legislator on Judicial Selection Commission and Judicial Evaluation Commission Date: January 26, 2001 Opinion Number: 01-011 http://www.tba.org/tba_files/AG/OP11.pdf Election Laws - Equal Protection - Punch Card Machines - Uniformity - Bush v. Gore Date: January 30, 2001 Opinion Number: 01-012 http://www.tba.org/tba_files/AG/OP12.pdf Interfacing roles of the Director of Schools and local Board of Education regarding teacher reemployment, dismissal and tenure Date: January 30, 2001 Opinion Number: 01-013 http://www.tba.org/tba_files/AG/OP13.pdf Public records - Tennessee Municipal League Risk Management Pool Date: January 30, 2001 Opinion Number: 01-014 http://www.tba.org/tba_files/AG/OP14.pdf Government Official -- Processing Fees for Use of Credit Cards Date: January 31, 2001 Opinion Number: 01-015 http://www.tba.org/tba_files/AG/OP15.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! 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