Opinion Flash

May 9, 2003
Volume 9 — Number 085

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
01 New Opinion(s) from the Tennessee Court of Appeals
02 New Opinion(s) from the Tennessee Court of Criminal Appeals
04 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




Daryl M. South, Murfreesboro, Tennessee, for the appellants,
Celebration Nissan, Inc., Randy Roberts, Rebecca Roberts and William
P. Bradbury.

David W. Kious, Murfreesboro, Tennessee, for the appellees, Mark
Pirtle Chevrolet, Inc. and Mark A. Pirtle.


First Paragraph:

This case involved claims and counter-claims for breach of contract on
the sale of an automobile dealership.  After a hearing, the trial
court awarded the plaintiffs damages for most of their claims. Since
the defendants did not file a timely notice of appeal, we cannot
consider arguments about the court's Final Order.  However, the
plaintiff filed a Rule 60 motion to clarify one paragraph of the Final
Order.  The trial court granted the motion, and modified the order to
specify that the defendant was to pay the plaintiff $49,000 for
certain cars that had been the subjects of a dispute. The defendant
appealed the trial court's action.  We affirm.

STATE OF TENNESSEE v. MARK A. BALES Court:TCCA Attorneys: Bob McD. Green, Johnson City, Tennessee, for appellant, Mark A. Bales. Paul G. Summers, Attorney General & Reporter; Peter M. Coughlan, Assistant Attorney General; Greeley Wells, District Attorney General; and Todd Martin, Assistant District Attorney General, for appellee, State of Tennessee. Judge: SMITH First Paragraph: The defendant, Mark Anthony Bales, pled guilty to attempted second degree murder. After accepting his plea, the trial court sentenced the defendant to serve eleven years as a Range I standard offender. The defendant now appeals his sentence arguing that the trial court erred (1) by finding that when the defendant committed the instant crime, he treated the victim with exceptional cruelty; (2) by giving insufficient weight to two applicable mitigating factors, the defendant's excellent social history and his lack of a criminal record; and (3) by sentencing the defendant to a term of years that made him ineligible for consideration for an alternative sentence. After a thorough review of the record, we find that none of the defendant's allegations merit relief and accordingly affirm his sentence. http://www.tba.org/tba_files/TCCA/balesmark.wpd
STATE OF TENNESSEE v. KENNETH MICHAEL BYRD, ALIAS Court:TCCA Attorneys: Mark E. Stephens, District Public Defender, and Robert C. Edwards and John R. Halstead, Assistant Public Defenders, for the appellant, Kenneth Michael Byrd, Alias. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Zane M. Scarlett, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: Issue: Whether the issuance of a capias tolls the expiration of a probationary sentence. Upon this record, we conclude it does not. We reverse the revocation of the defendant's probation, concluding his probationary sentence had expired. http://www.tba.org/tba_files/TCCA/byrdkmalias.wpd
Permissible Games under Lottery Amendment Date: May 5, 2003 Opinion Number: 03-058 http://www.tba.org/tba_files/AG/2003/OP58.pdf
Juvenile Court Discretion to Permit Minors to Buy Tobacco in Sting Operations Date: May 6, 2003 Opinion Number: 03-059 http://www.tba.org/tba_files/AG/2003/OP59.pdf
County Buildings Located Outside City Limits of County Seat Town Date: May 6, 2003 Opinion Number: 03-060 http://www.tba.org/tba_files/AG/2003/OP60.pdf
Enforcement of Municipal Ordinance in State Court Date: May 7, 2003 Opinion Number: 03-061 http://www.tba.org/tba_files/AG/2003/OP61.pdf

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