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


Court:TSC - Rules

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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