Opinion Flash

July 10, 2003
Volume 9 — Number 122

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
00	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

STATE OF TENNESSEE v. DUANE BRIAN BROOKS

Court:TCA

Attorneys:                          

Stephen M. Wallace, Assistant Public Defender, for the appellant,
Duane Brian Brooks.

Paul G. Summers, Attorney General & Reporter; Brent C. Cherry,
Assistant Attorney General; and Barry P. Staubus, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The defendant, Duane Brian Brooks, was convicted of first degree
murder and sentenced to life imprisonment.  In this appeal, the
defendant asserts that the trial court erroneously instructed the jury
as to the culpable mental states for first and second degree murder
and failed to provide an instruction on causation.  Because it is our
view that any error with regard to the jury instructions can be
classified as harmless beyond a reasonable doubt, the judgment of the
trial court is affirmed.

http://www.tba.org/tba_files/TCA/brooksduaneb.wpd

EARL DEWAYNE HOLLOWAY v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Lee Ortwein, Chattanooga, Tennessee, for the Appellant, Earl Dewayne
Holloway.

Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; William H. Cox, III, District Attorney
General; and Barry Steelman, Assistant District Attorney General, for
the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

The petitioner, Earl Dewayne Holloway, appeals the denial of his
petition for post-conviction relief, alleging numerous instances of
ineffective assistance of trial and appellate counsel.  We conclude
that the evidence does not preponderate against the findings of the
post-conviction court and affirm the dismissal of the petition.

http://www.tba.org/tba_files/TCCA/hollowayearldew.wpd

McMINN COUNTY v. OCOEE ENVIRONMENTAL SERVICES, INC., et al.

Court:TCCA

Attorneys:

Vance L. Baker, Jr., Athens, Thomas J. Walsh, Jr., Memphis, and Brian
L. Kuhn, Memphis, for the Appellant, McMinn County

H. Chris Trew, Athens, for the Appellee, Environmental Trust Company

Judge: GODDARD

First Paragraph:

This appeal questions the validity of a resolution enacted by
Appellant McMinn County imposing a surcharge for solid waste disposal
at all Class I landfills located in McMinn County.  The resolution as
initially passed imposed a surcharge of $4.00 per ton of waste, and
was subsequently reduced by McMinn County to $2.75 per ton.  Appellee
Environmental Trust Company ("ETC"), which owns one of the two
landfills in the county, refused to pay the surcharge, asserting that
it was actually an unlawful tax.  McMinn County filed this action to
require ETC to pay the surcharge.  The Trial Court held that the
resolution imposed an unlawful tax, and granted summary judgment in
favor of ETC.  We affirm the judgment of the Trial Court.

http://www.tba.org/tba_files/TCCA/mcminn.wpd

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