Opinion FlashJuly 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):
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Howard H. Vogel
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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