November 13, 2001 Volume 7 — Number 210 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 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. Howard H. Vogel Knoxville, Tennessee Editor-in-Chief, TBALink JAMES LEE JONES, III, et al. v. PIERCE BRANDON GARRETT, a/k/a PERRY GARRETT Court:TCA Attorneys: Douglas R. Beier, Morristown, Tennessee, for the Appellant, Pierce Brandon Garrett, a/k/a Perry Garrett Jonathan R. Perry, Morristown, Tennessee, for the Appellees, James Lee Jones, III, and Stephanie Trent Jones Judge: GODDARD First Paragraph: This is a suit wherein James Lee Jones, III, and his wife seek a determination that Pierce Brandon Garrett, a/k/a Perry Garrett, has abandoned his son so that they may adopt him. The Trial Judge found by clear and convincing evidence that abandonment had occurred, but did not make any finding as to the best interest of the child. We affirm the finding as to abandonment and remand the case for a determination as to best interest. http://www.tba.org/tba_files/TCA/jonesjames.wpd ROBERT LEE McNABB, et al. v. STEVE HATFIELD, et al. Court:TCA Attorneys: Barrett T. Painter, Cleveland, Tennessee, for the Appellants, Robert Lee McNabb and Roberta McNabb Poteet. Hallie H. McFadden, Chattanooga, Tennessee, for the Appellees, Steve Hatfield and Almeda Hatfield. Judge: SWINEY First Paragraph: Robert Lee McNabb and Roberta McNabb Poteet ("Plaintiffs") brought a partition action against Steve Hatfield and Almeda Hatfield ("Defendants") and Mary R. Edwards, concerning property located in Chattanooga, Tennessee ("Property"). The Property originally was owned by the parties' grandparents. During the pendency of this matter at the trial level, Plaintiffs voluntarily dismissed Mary R. Edwards from this suit. Defendants, who had possessed the Property and paid taxes on it since 1977, filed a counterclaim in which they requested the Trial Court quiet title in their favor. Defendants filed a Motion for Summary Judgment, arguing they were the true owners of the Property under the theories of adverse possession and title by prescription. Defendants also argued in their motion that they were entitled to the statutory presumption under Tenn. Code Ann. S 28-2-109 that they were the prima facie owners of the Property because they paid property taxes for more than twenty years, and that Plaintiffs' claim of ownership was barred by Tenn. Code Ann. S 28-2-110 due to Plaintiffs' failure to pay property taxes for more than twenty years. The Trial Court partially granted Defendants' motion, holding that Defendants were entitled to judgment as a matter of law as to Plaintiffs. The Trial Court held that Mary R. Edwards had a claim of ownership to the Property but was no longer a party to the partition action. The Trial Court concluded that the only effect of its judgment was to hold that Plaintiffs have no legal interest in the Property. Plaintiffs appeal. We reverse, in part, and affirm, in part. http://www.tba.org/tba_files/TCA/mcnabbrl.wpd ROY MICHAEL SHANKS v. HAZEL R. ALBERT, ACTING COMMISSIONER, TENNESSEE DEPARTMENT OF EMPLOYMENT SECURITY, et al. Court:TCA Attorneys: Paul G. Whetstone, Morristown, Tennessee, for the Appellant, Roy Michael Shanks Paul G. Summers, Attorney General and Reporter, and Douglas Earl Dimond, Assistant Attorney General, Nashville, Tennessee, for the Appellee, Hazel R. Albert Robert C. Jessee and Lori L. Jessee, Morristown, Tennessee, for the Appellee, The City of Morristown Judge: GODDARD First Paragraph: Roy Michael Shanks appeals dismissal of his suit seeking to overturn a determination of the Board of Review that he was not entitled to unemployment compensation because of misconduct. We concur in the determination of the Chancellor and affirm. http://www.tba.org/tba_files/TCA/shanksroy.wpd STATE OF TENNESSEE v. JANICE CAROL BISKNER Court:TCCA Attorneys: Ardena J. Garth, District Public Defender; William Dobson, Assistant Public Defender; and Donna R. Miller, Assistant Public Defender, for the appellant, Janice Carol Biskner. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; William H. Cox, III, District Attorney General; Tom Kimball, Assistant District Attorney General; and Parke Masterson, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant was convicted of driving under the influence ("DUI"), fourth or subsequent offense, driving while license revoked, and child endangerment. In this appeal, Defendant challenges all convictions on the ground that the trial court's refusal to bifurcate the trial proceedings violated her right to a fair trial. Defendant also argues that recently amended Tennessee Code Annotated section 55-10-403(a)(1) is unconstitutional and that her sentence is excessive. After a review of the record and applicable law, we reverse Defendant's convictions and remand this case for a new trial. http://www.tba.org/tba_files/TCCA/bisknerjanicecarol.wpd STATE OF TENNESSEE v. KEITH GOODMAN Court:TCCA Attorneys: Paul G. Summers, Attorney General and Reporter, and Elizabeth B. Marney, Assistant Attorney General, for the appellant, State of Tennessee. J. Thomas Marshall, Jr., District Public Defender, Clinton, Tennessee, for the appellee, Keith Goodman. Judge: TIPTON First Paragraph: The state appeals the dismissal of the especially aggravated kidnapping charge against the defendant, Keith Goodman. The trial court held that the defendant, as the natural father of the infant victim, could not be held criminally liable for kidnapping because a natural parent's removal or confinement of a child is not "unlawful" as that term is defined in Tenn. Code Ann. S 39-13-301(2). The state claims that the trial court misinterpreted the kidnapping statutes. We conclude that the trial court's dismissal of the indictment was essentially a summary judgment for the defendant, which is improper in criminal cases. We reverse the trial court's ruling and remand the case for reinstatement of the indictment. http://www.tba.org/tba_files/TCCA/goodmank.wpd Legality and Reinstatement of Beer Permit Distance Standards Date: October 25, 2001 Opinion Number: 01-157 http://www.tba.org/tba_files/AG/OP157.pdf Education: Use of Confidential Information About Juvenile Delinquent Date: October 25, 2001 Opinion Number: No. 01-158 http://www.tba.org/tba_files/AG/OP158.pdf Placement of Double-Wide Trailers in Trailer Parks Date: October 25, 2001 Opinion Number: 01-159 http://www.tba.org/tba_files/AG/OP159.pdf Authority of city to refer to its court as a general sessions court Date: October 25, 2001 Opinion Number: 01-160 http://www.tba.org/tba_files/AG/OP160.pdf Limits on Loans from Candidate's Personal Funds to Candidate's Campaign Date: November 5, 2001 Opinion Number: Opinion No. 01-161 http://www.tba.org/tba_files/AG/OP161.pdf Juvenile court referees also serving as appointed counsel in criminal cases Date: November 5, 2001 Opinion Number: No. 01-162 http://www.tba.org/tba_files/AG/OP162.pdf Certified Trainers under the Private Protective Services Licensing and Regulatory Act Date: November 5, 2001 Opinion Number: 01-163 http://www.tba.org/tba_files/AG/OP163.pdf PLEASE FORWARD THIS E-MAIL! 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