March 21, 2001 Volume 7 -- Number 052 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 00 New Opinion(s) from the Tennessee Court of Appeals 02 New Opinion(s) from the Tennessee Court of Criminal Appeals 07 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 STATE OF TENNESSEE v. HOMER L. EVANS Court:TCCA Attorneys: Vic Pryor and Kathy Parrott, Jacksboro, Tennessee, for the appellant, Homer L. Evans. Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; William Paul Phillips, District Attorney General; and Michael Olin Ripley, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant appeals from the trial court's denial of alternative sentencing. We affirm the trial court. http://www.tba.org/tba_files/TCCA/evanshl.wpd STATE OF TENNESSEE v. ALI MOHSENZADEH Court:TCCA Attorneys: V. Michael Fox, Nashville, Tennessee, for the Appellant, Ali Mohsenzadeh. Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan, Assistant Attorney General; Ron Davis; District Attorney General, and Derek K. Smith, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant was convicted by a jury of DUI and sentenced to thirty days, suspended upon the service of five days, and eleven-months, twenty-nine days probation. The Defendant now appeals, contending that the arresting officer had no reasonable suspicion to pull him over or probable cause to arrest him; that the evidence is insufficient to support his conviction; that the State failed to prove venue; and that his sentence is excessive. We affirm the defendant's conviction and modify his sentence. http://www.tba.org/tba_files/TCCA/mohsenzadeha.wpd Preemption of Tenn. Code Ann. S 65-4-201(c) and/or (d) by 47 U.S.C. S 253 Date: March 19, 2001 Opinion Number: 01-036 http://www.tba.org/tba_files/AG/OP36.pdf Employee Pension Funds Not Considered "Earnings" Under Workers' Compensation Act Date: March 19, 2001 Opinion Number: 01-037 http://www.tba.org/tba_files/AG/OP37.pdf Probable cause determinations by judicial commissioners Date: March 19, 2001 Opinion Number: 01-038 http://www.tba.org/tba_files/AG/OP38.pdf Reconsideration Tenn. Atty. Gen. Op. No. 00-94 (May 18, 2000) - Constitutionality of House Bill 1932/Senate Bill 1933 from 101st General Assembly Date: March 19, 2001 Opinion Number: 01-039 http://www.tba.org/tba_files/AG/OP39.pdf Expungement of Records Date: March 19, 2001 Opinion Number: 01-040 http://www.tba.org/tba_files/AG/OP40.pdf Jurisdiction of General Sessions Court Under Tenn. Code Ann. S 33-7-303 Date: March 19, 2001 Opinion Number: 01-041 http://www.tba.org/tba_files/AG/OP41.pdf Applicability of Open Meetings Act to Hospital Board Date: March 19, 2001 Opinion Number: 01-042 http://www.tba.org/tba_files/AG/OP42.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! 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