Opinion Flash

July 22, 2003
Volume 9 — Number 130

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


STATE OF TENNESSEE, ON RELATION OF THE COMMISSIONER OF THE DEPARTMENT
OF TRANSPORTATION, FOR AND ON BEHALF OF THE STATE OF TENNESSEE, ET AL.
v. ANY AND ALL PARTIES WITH AN INTEREST IN PROPERTY IDENTIFIED AS TAX
MAP 158, PARCEL 34, TAX ASSESSOR'S OFFICE, DAVIDSON COUNTY, TENNESSEE,
ET AL.

Court:TCA

Attorneys:                          

Joseph H. Johnston, Nashville, Tennessee, for the Appellants, Alliance
for Native American Indian Rights of Tennessee Inc., Pat Cummins,
Sandi Perry, and Marion Dunn.

Paul G. Summers, Attorney General and Reporter, Michael E. Moore,
Solicitor General, and John H. Sinclair, Jr., Assistant Attorney
General, for the appellee, State of Tennessee.

Judge: FARMER

First Paragraph:

This is a case involving the proposed disinterment of Indian burial
grounds.  The Appellants urge this Court to consider numerous issues. 
Having determined that the only issue properly before this Court is
the propriety of the trial court's denial of Appellants' motion to
intervene, we affirm the trial court's denial of intervention.

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

STATE OF TENNESSEE v. JEFFREY DOUGLAS STRATTON

Court:TCCA

Attorneys:                          

Julie A. Rice, Knoxville, Tennessee (on appeal) and Raymond Mack
Garner, District Public Defender; and Stacy Nordquist, Assistant
Public Defender, Maryville, Tennessee (at trial) for the appellant,
Jeffrey Douglas Stratton.

Paul G. Summers, Attorney General and Reporter; Braden H. Boucek,
Assistant Attorney General; Michael L. Flynn, District Attorney
General; and Edward P. Bailey, Jr., Assistant District Attorney
General, for the appellee, the State of Tennessee.

Judge: WOODALL

First Paragraph:

Defendant, Jeffrey Douglas Stratton, was indicted on two counts of
burglary.  Defendant entered guilty pleas to both counts.  Defendant
was sentenced to two years for each conviction, to be served
concurrently with each other and consecutively to his sentence for a
prior conviction.  Defendant contends that the trial court erred by
ordering a sentence of incarceration.  After reviewing the record, we
conclude that a sentence of confinement was supported by the record. 
The judgment of the trial court is affirmed.

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

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