Opinion Flash
June 16, 2003
Volume 9 — Number 107
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 |
| 01 |
New Opinion(s) from the Tennessee Court of Appeals |
| 02 |
New Opinion(s) from the Tennessee Court of Criminal Appeals |
| 07 |
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_0616.wpd
MARY NELL JONES SACCOMANNO v. MELVIN FRANK SACCOMANNO
Court:TCA
Attorneys:
Chadwick G. Hunt, Savannah, For Appellant, Mary Nell Jones Saccomanno
Mary Jo Middlebrooks and Betty Stafford Scott, Jackson, For Appellee,
Melvin Frank Saccomanno
Judge: CRAWFORD
First Paragraph:
This is an appeal from a Final Order, granting the parties a divorce
and dividing the marital property. Wife appeals and asserts that the
division of marital property is inequitable. We affirm.
http://www.tba.org/tba_files/TCA/sacco.wpd
RICKY FLAMINGO BROWN, SR. v. STATE OF TENNESSEE
Court:TCCA
TIPTON CONCURRING (Opinion reported in June 13, 2003, Opinion Flash)
http://www.tba.org/tba_files/TCCA/brownrickyflamingo_con.wpd
STATE OF TENNESSEE v. GEORGE C. PEERY, III
Court:TCCA
Attorneys:
Stephen M. Wallace, District Public Defender; and Joseph F. Harrison,
Assistant Public Defender, Blountville, Tennessee, for the appellant,
George C. Peery, III.
Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan,
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: WOODALL
First Paragraph:
Defendant, George C. Peery, III, appeals his sentence of split
confinement imposed upon his plea of guilt to aggravated burglary, a
Class C felony, and theft under $500, a Class A misdemeanor. In his
appeal, Defendant requests full probation and challenges the
imposition of a one-year period of confinement followed by two years
probation in the community corrections program for his felony
conviction. Defendant does not challenge his misdemeanor sentence.
We affirm the trial court's denial of full probation but reverse the
one-year period of confinement and remand for modification of the
judgment to reflect a period of confinement of 10.8 months to be
served in the local jail or workhouse. In addition, because there is
a conflict between the transcript and the judgment, we remand this
case for correction of the judgment.
http://www.tba.org/tba_files/TCCA/peerygeorgec.wpd
Preemption of House Bill 275 by Americans with Disabilities Act
Date: May 23, 2003
Opinion Number: 03-067
http://www.tba.org/tba_files/AG/2003/OP67.pdf
Valuation of Property that Generates Electricity Using Wind
Date: May 27, 2003
Opinion Number: 03-068
http://www.tba.org/tba_files/AG/2003/OP68.pdf
Taxation of Boat Dock Rentals by a Local Government
Date: May 27, 2003
Opinion Number: 03-069
http://www.tba.org/tba_files/AG/2003/OP69.pdf
State Board of Equalization Procedures
Date: May 27, 2003
Opinion Number: 03-070
http://www.tba.org/tba_files/AG/2003/OP70.pdf
Criminal contempt as a conviction under Tenn. Code Ann. S 38-8-106(4)
Date: May 27, 2003
Opinion Number: 03-071
http://www.tba.org/tba_files/AG/2003/OP71.pdf
Cost of Medical Services Incurred in Jail as Condition of Probation
Date: June 10, 2003
Opinion Number: 03-072
http://www.tba.org/tba_files/AG/2003/OP72.pdf
Ambulance Service - Tenn. Code Ann. 7-61-104
Date: June 10, 2003
Opinion Number: 03-073
http://www.tba.org/tba_files/AG/2003/OP73.pdf
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