Opinion Flash

July 17, 2003
Volume 9 — Number 127

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
01 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


CITY OF ALCOA, TENNESSEE, v. THE TENNESSEE LOCAL GOVERNMENT PLANNING
ADVISORY COMMITTEE ("LGPAC"); BLOUNT COUNTY, TENNESSEE; THE CITY OF
MARYVILLE, TENNESSEE; THE CITY OF FRIENDSVILLE, TENNESSEE; THE TOWN OF
LOUISVILLE, TENNESSEE; THE CITY OF ROCKFORD, TENNESSEE; AND THE CITY
OF TOWNSEND, TENNESSEE, and CITY OF KNOXVILLE, TENNESSEE and
METROPOLITAN KNOXVILLE AIRPORT AUTHORITY

Court:TCA

Attorneys:                          

E. Bruce Foster, Thomas A. Varlan, Regina M. Lambert, Knoxville,
Tennessee, and Michael S. Kelley, Law Director, Debra Poplin, Deputy
Law Director, City of Knoxville Law Department, Knoxville, Tennessee,
for Appellants, City of Knoxville, Tennessee, and Metropolitan
Knoxville Airport Authority.

David R. Dugan, Maryville, Tennessee, and Jon G. Roach, Knoxville,
Tennessee, for Appellee, City of Alcoa, Tennessee.

Paul G. Summers, Attorney General and Reporter, Michael E. Moore,
Solicitor General, Ann L. Vic, Senior Counsel and Janet M.
Kleinfelter, Senior Counsel, Nashville, Tennessee, for Appellee,
Tennessee Local Government Planning Advisory Committee.

Judge: FRANKS

First Paragraph:

Plaintiff sought review of growth plan in Chancery Court pursuant to
Tenn. Code Ann. S 6-58- 105(a). The City of Knoxville and the
Metropolitan Knoxville Airport Authority sought to intervene, which
the Trial Court refused.  The Trial Court granted judgment on the
pleadings.  On appeal, we allow intervention and vacate the Judgment
on the pleadings.

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

STATE OF TENNESSEE v. MICHAEL SAMMIE BROWN

Court:TCCA

Attorneys:                          

Carl W. Eshbaugh, Knoxville, Tennessee, for the appellant, Michael
Sammie Brown.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; Scott McCluen, District Attorney
General; and Frank Harvey, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The defendant, acting pro se at trial, was convicted of retaliation
for past action and sentenced to one year of probation. The defendant
argues that the evidence is insufficient to sustain his conviction and
that he was wrongfully tried for recklessly committing the present
offense.  Because the indictment alleged that the defendant
intentionally committed the instant offense, the defendant argues that
there was a fatal variance between the indictment and the proof.  The
defendant also contends that the trial court wrongfully terminated his
cross-examination of the victim and the prosecution made inappropriate
comments regarding his religious beliefs during the closing arguments.
 The defendant argues that the trial court improperly acted in its
capacity as a thirteenth juror and failed to correctly charge the
jury.  We conclude that the evidence is sufficient to sustain the
defendant's conviction and that the trial court did not err.  The
judgment of the trial court is affirmed.

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

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