Opinion Flash

September 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):
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 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
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


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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