Opinion FlashSeptember 24, 2002
Volume 8 Number 167
Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.This Issue (IN THIS ORDER):
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Howard H. Vogel
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0923.wpd
DEXTER MCMILLAN v. TENNESSEE BOARD OF PROBATION AND PAROLE Court:TCA Attorneys: Dexter L. McMillan, Clifton, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Stephanie R. Reevers, Associate Deputy Attorney General, for the appellee, Tennessee Board of Probation and Parole. Judge: COTTRELL First Paragraph: Petitioner filed a petition for writ of certiorari seeking review of a decision of the Board of Probation and Parole to revoke his parole nearly three years after the decision of the Board was rendered. He alleged that he suffered from a disability that effectively tolled the statute of limitations. The Board filed a motion to dismiss and the trial court granted the motion by finding that the petition was untimely and failed to state a claim for which relief could be granted. Because the petitioner failed to allege facts sufficient to invoke the operation of the tolling statute, Tenn. Code Ann. S 28-1-106, and failed to state a claim for which relief can be granted, we affirm the trial court's decision. http://www.tba.org/tba_files/TCA/mcmilland.wpd
MATTHEW STEPHEN POLIAK v. JAMES H. ADCOCK Court:TCA Attorneys: Jay Norman, Nashville, Tennessee, for the appellant, James H. Adcock. Joel H. Moseley, Sr., Nashville, Tennessee, for the appellee, Matthew Stephen Poliak. Judge: KOCH First Paragraph: This appeal involves a dispute between a father and his adult daughter's live-in boyfriend. The boyfriend filed a personal injury suit against his girlfriend's father in the Circuit Court for Davidson County after the father assaulted him with a piece of two-by-four. The father admitted that he had assaulted his daughter's boyfriend but asserted the defenses of self-defense, provocation, and defense of property. In response to the boyfriend's motion for partial summary judgment, the trial court determined that the father had failed to produce evidence to substantiate any of these defenses. The father perfected this appeal after the trial court certified its order as final in accordance with Tenn. R. Civ. P. 54.02. We have determined that the trial court was correct when it determined that the father's evidence regarding the circumstances surrounding the assault could not, as a matter of law, support his affirmative defenses. Accordingly, we affirm the trial court. http://www.tba.org/tba_files/TCA/poliakms.wpd
CHARLES CLAY YOUNG v. DONAL CAMPBELL, et al. Court:TCA Attorneys: Charles Clay Young, Clifton, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Kimberly J. Dean, Deputy Attorney General, Nashville, Tennessee, for the appellees, Donal Campbell, et al. Judge: KOCH First Paragraph: This appeal involves a dispute between a prisoner and the Tennessee Department of Correction regarding the calculation of his sentence expiration date. After the Department declined to give him credit for the time he had been on probation for a prior arson sentence, the prisoner filed suit against the Commissioner of Correction in the Chancery Court for Davidson County seeking 1,568 days of additional sentence credits. The trial court granted the Commissioner's motion for summary judgment after concluding that the Department's calculation of the prisoner's sentence was consistent with the sentencing court's orders and that it lacked jurisdiction to review the actions of the sentencing court. The prisoner has appealed. We have determined that the trial court properly dismissed the prisoner's petition for certiorari. http://www.tba.org/tba_files/TCA/youngcc.wpd
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