Opinion Flash

March 26, 2003
Volume 9 — Number 053

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
00	New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02	New Opinion(s) from the Tennessee Court of Appeals
01	New Opinion(s) from the Tennessee Court of Criminal Appeals
02	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

SUE ANN BOWSER v. JOHN M. BOWSER

Court:TCA

Attorneys: 

Virginia Lee Story, Franklin, Tennessee, for the appellant, Sue Ann
Bowser.

James T. DuBois, D. Scott Porch, IV, Columbia, Tennessee, for the
appellee, John M. Bowser.                         

Judge: COTTRELL

First Paragraph:

Prior to a determination on a complaint for divorce filed by Ms.
Bowser, the trial court found the parties to be married pursuant to
the common law of Ohio after their first divorce in that state in
1984.  The trial court then classified and distributed the marital
property and denied Ms. Bowser's request for rehabilitative or in
futuro alimony.  We affirm the decision of the trial court finding
that a common law marriage existed, affirm the trial court's
distribution of property, modify the alimony decision and remand the
cause for further proceedings consistent with this opinion.

http://www.tba.org/tba_files/TCA/bowsers.wpd
								
								
LEROY McBEE v. DAVID ELLIOTT, et al.

Court:TCA

Attorneys:    

Jerre M. Hood, Winchester, Tennessee, for the appellants, David
Elliott and Sharon N. Elliott.

Paul Cross, Monteagle, Tennessee, for the appellee, Leroy McBee.                      

Judge: CANTRELL

First Paragraph:

In this case, a brother and sister dispute who is the actual owner of
property formerly owned by their deceased parents.  We are asked to
decide if the trial court properly relied upon promissory estoppel and
adverse possession to recognize that the brother had a defense to this
claim for possession.  We affirm the decision of the trial court.

http://www.tba.org/tba_files/TCA/mcbeel.wpd
								
								
STATE OF TENNESSEE v. GEORGE H. HUTCHINS

Court:TCCA

Attorneys:

Stephen M. Wallace, District Public Defender (on appeal); Joseph F.
Harrison, Assistant Public Defender (on appeal); and Burkett C.
McInturff, Kingsport, Tennessee (at trial), for the appellant, George
H. Hutchins.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and B. Todd Martin, Assistant District Attorney General, for
the appellee, State of Tennessee.                        

Judge: GLENN

First Paragraph:

The defendant was convicted of violation of an habitual motor vehicle
offender order, a Class E felony, and sentenced to two years as a
Range I, standard offender in the Department of Correction.  He argues
on appeal that the trial court improperly set his sentence at the
maximum by failing to give adequate weight to applicable mitigating
factors and erred in denying his request for full probation or other
alternative sentencing.  Based on our review, we affirm the judgment
of the trial court.

http://www.tba.org/tba_files/TCCA/hutchinsgeorge.wpd
								
								
Action by the Four Lake Regional Industrial Development Authority

Date: March 24, 2003

Opinion Number: 03-029                          

http://www.tba.org/tba_files/AG/2003/OP29.pdf
								
								
State Lottery -- Application of discrimination law to lottery
scholarship program

Date: March 25, 2003

Opinion Number: 03-030                          

http://www.tba.org/tba_files/AG/2003/OP30.pdf

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