Opinion FlashJune 25, 2003
Volume 9 Number 113
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):
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Howard H. Vogel
STATE OF TENNESSEE v. RODNEY M. BUTLER WITH CONCURRING AND DISSENTING OPINION Court:TSC Attorneys: Nathan B. Pride, Jackson, Tennessee, for the appellant, Rodney M. Butler. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; J. Ross Dyer, Assistant Attorney General; Jerry Woodall, District Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: BARKER First Paragraph: The defendant, Rodney M. Butler, was convicted in the Criminal Court for Madison County of: 1) unlawfully driving or being in physical control of a motor vehicle while under the influence of an intoxicant; 2) unlawfully driving or being in physical control of a motor vehicle with a blood or breath alcohol concentration of .10% or more; and 3) driving under the influence, fourth offense. At the sentencing hearing, after merging the first two counts into count three, the trial judge reduced the $15,000 fine assessed by the jury to $10,000 and sentenced Butler to four years in the Department of Correction as a Range II offender. We granted this appeal to determine whether the evidence was sufficient to support the defendant's convictions and also to determine whether the defendant was properly sentenced. After an examination of the facts and the law pertinent to the issues, we hold that the evidence was sufficient to support the defendant's convictions. Additionally, we hold that the defendant's sentence was proper. http://www.tba.org/tba_files/TSC/butlerrm_opn.wpd CONCURRING AND DISSENTING OPINION http://www.tba.org/tba_files/TSC/butlerrm_con_dis.wpd
BILLY CULP AND LOIS CULP v. BILLIE GRINDER AND HELEN GRINDER Court:TCA Attorneys: W. Andrew Yarbrough, Waynesboro, Tennessee, for the appellants, Billy Culp and Lois Culp. George Gray, Waynesboro, Tennessee, for the appellees, Billie Grinder and Helen Grinder. Judge: COTTRELL First Paragraph: The Culps brought suit against their neighbors, the Grinders, for removal of a septic tank solid line located on their property. The Culps argued that the ten foot easement reserved by the subdivision for "utilities" did not include personal septic tanks. The trial court dismissed the suit and found that the septic tank solid line placement was a type of "utility" and was within the ten foot easement; further, the court found no damages had been suffered by the Culps. We affirm the decision of the trial court. http://www.tba.org/tba_files/TCA/culpb.wpd
SYNTHIA M. HOPKINS v. VICTOR L. HOPKINS Court:TCA Attorneys: Mark A. Rassas and Julia P. North, Clarksville, Tennessee, for the appellant, Synthia M. Hopkins. Sharon T. Massey, Clarksville, Tennessee, for the appellee, Victor L. Hopkins. Judge: CANTRELL First Paragraph: The trial court granted the wife an absolute divorce, and fashioned a parenting plan that gave the husband primary physical custody of their three children during the school year, with the wife to exercise primary physical custody during the summer. The wife argues on appeal that the trial court's plan gave the husband more custodial time than he had asked for, and far more than he was entitled to. She also argues that the trial court erred in its division of marital property, by giving the husband the benefit of an offset for a purported loan from his parents. We reverse the trial court's custody order, but affirm its property division. http://www.tba.org/tba_files/TCA/hopkinssm.wpd
KATHY MARIE PARKER v. BOBBY LEE PARKER, JR. Court:TCA Attorneys: Bobby Lee Parker, Jr., Shelbyville, Tennessee, Pro Se. Michelle M. Benjamin, Winchester, Tennessee, for the appellee, Kathy Marie Parker. Judge: CANTRELL First Paragraph: The trial court granted the parties a divorce, and awarded them joint custody of the three children of their marriage, with the mother to exercise primary custody. The court's order included a detailed visitation schedule, which did not mention Mother's Day. After the children spent their first post- divorce Mother's Day with the father, the mother moved the court to be granted Mother's Day visitation. The court granted the motion, and assessed attorney fees against the father. The father appeals the award of attorney fees. We affirm the trial court. http://www.tba.org/tba_files/TCA/parkerkm.wpd
"John Doe" Right to a Jury Trial; Waiver Date: June 16, 2003 Opinion Number: 03-074 http://www.tba.org/tba_files/AG/2003/OP74.pdf
Inmate labor benefiting private party Date: June 18, 2003 Opinion Number: 03-075 http://www.tba.org/tba_files/AG/2003/OP75.pdf
West Tennessee Examiner as a "newspaper" and/or "newspaper of general circulation" Date: June 20, 2003 Opinion Number: 03-076 http://www.tba.org/tba_files/AG/2003/OP76.pdf
Use of Compensatory Time to Attend Meeting Date: June 20, 2003 Opinion Number: 03-077 http://www.tba.org/tba_files/AG/2003/OP77.pdf
Process Servers Appointed under Tenn. Code Ann. S 8-8-108(b) and (c) Date: June 20, 2003 Opinion Number: 03-078 http://www.tba.org/tba_files/AG/2003/OP78.pdf
Per Diem for Fire Fighting Personnel Board Members Date: June 20, 2003 Opinion Number: 03-079 http://www.tba.org/tba_files/AG/2003/OP79.pdf
Apportioning TVA Revenue Funds Between County and Special School District Date: June 20, 2003 Opinion Number: 03-080 http://www.tba.org/tba_files/AG/2003/OP80.pdf
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