Opinion Flash

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
01	New Opinion(s) from the Tennessee Court of Appeals
02	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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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

GRACE FELLOWSHIP CHURCH OF LOUDON COUNTY, INC., v. LENOIR CITY BEER
BOARD and K-VA-T FOOD STORES, INC., d/b/a FOOD CITY

Court:TCA

Attorneys:

J. Eric Harrison, Morristown, Tennessee, for Appellant, K-VA-T Food
Stores, Inc.

Rex A. Dale, Lenoir City, Tennessee, for Appellee, Grace Fellowship
Church of Loudon County, Inc.

Judge: FRANKS

First Paragraph:

The Trial Court voided Beer permit issued by the Beer Board.  We
vacate the Trial Court's Judgment and remand to the Board to
reconsider the application on grounds the Board's actions were in
violation of the Open Meetings Act.

http://www.tba.org/tba_files/TCA/gracech.wpd

STATE OF TENNESSEE v. CHRIS HAIRE

Court:TCCA

Attorneys:  

Richard A. Fisher, Cleveland, Tennessee, for the appellant, Chris
Haire.

Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan,
Assistant Attorney General; Jerry N. Estes, District Attorney General;
and William Reedy, Assistant District Attorney General, for the
appellee, State of Tennessee.                        

Judge: WITT

First Paragraph:

The defendant appeals from his McMinn County Criminal Court
convictions and sentences for second degree murder and facilitation of
attempted second degree murder.  The trial court sentenced the
defendant to 25 years in the Department of Correction as a Range I
offender for the second degree murder conviction and to five years
incarceration for the facilitation of attempted second degree murder
conviction.  In this direct appeal, the defendant complains that the
evidence is insufficient; that photographs and expert testimony were
improperly admitted; that prosecutorial misconduct taints the verdict;
that the state improperly questioned the defendant about his
post-arrest exercise of his right to remain silent; that the jury
instructions regarding intoxication were prejudicially inadequate; and
that the sentences imposed are excessive.  Unpersuaded by the
defendant's assignments of errors, we affirm the trial court's
judgment and sentence.

http://www.tba.org/tba_files/TCCA/hairechris.wpd

STATE OF TENNESSEE v. KENNETH LEE KENDRICK

Court:TCCA

Attorneys:

Stephen M. Wallace, District Public Defender and Terry L. Jordan,
Assistant Public Defender, for the appellant, Kenneth Lee Kendrick.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and Joseph Eugene Perrin, Assistant District Attorney
General, for the appellee, State of Tennessee.                        

Judge: TIPTON

First Paragraph:

The defendant, Kenneth Lee Kendrick, appeals the Sullivan County
Criminal Court's revocation of his probation.  We affirm the trial
court.

http://www.tba.org/tba_files/TCCA/kendrickkl.wpd

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