Opinion FlashAugust 1, 2003
Volume 9 Number 138
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
REBECCA JANE LEW v. IRA EUGENE LEW Court:TCA Attorneys: J. Terry Holland, Knoxville, for the Appellant, Ira Eugene Lew Dail R. Cantrell, Clinton, and Michael L. Weathers, Florence, Alabama, for the Appellee, Rebecca Jane Lew Judge: GODDARD First Paragraph: In this divorce case, Ira Eugene Lew ("Husband") appeals the Trial Court's judgment declaring the parties divorced on the ground of irreconcilable differences, and approving and incorporating the parties' marital dissolution agreement ("MDA") in its order. Husband argues that the Court was without power to enter its judgment because he had withdrawn his consent and agreement to the MDA prior to the Court's entry of final judgment. The Trial Court found that Husband could not withdraw his consent to the MDA because, as a consequence of the unusual procedural posture of the this case, the parties had already executed, agreed to, and signed the MDA and presented it to the Trial Court, which approved it and incorporated it into a previous order. We affirm the judgment of the Trial Court. http://www.tba.org/tba_files/TCA/lewr.wpd
IN RE: PETITION OF JAMES F. WATSON, GENERAL SESSIONS COURT JUDGE Court:TCA Attorneys: Michael E. Evans, Nashville, Tennessee, for the appellant, McMinn County, Tennessee. James F. Watson, Pro Se. Judge: SUSANO First Paragraph: This is a declaratory judgment action. Judge James F. Watson was, at all relevant times, the general sessions court judge for McMinn County. Prior to 2000, McMinn County was classified as a county of the second class and Judge Watson was paid in accordance with the statutory compensation scheme for such counties. As a result of the 2000 census, McMinn County became a county of the first class. Judge Watson filed a petition seeking a determination as to the proper calculation of his salary as a class one general sessions court judge. The trial court determined that Judge Watson was entitled to continue receiving the jurisdictional supplements to his salary that he had been receiving as a class two judge. We reverse. http://www.tba.org/tba_files/TCA/watsonjf.wpd
STATE OF TENNESSEE v. JAMES WALTER GROOMS Court:TCCA Attorneys: Ethel L. Rhodes, Assistant District Public Defender, Morristown, Tennessee, for the appellant, James Walter Grooms Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General; C. Berkeley Bell, District Attorney General; and Paige Collins, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: On March 4, 2002, the Hamblen County Grand Jury returned an indictment against the appellant, James Walter Grooms, charging him with driving with a blood alcohol concentration greater that .10% and child endangerment. After a bench trial the appellant was found guilty as charged, and a sentence was imposed of 11 months and 29 days for each count to be served concurrently. In addition, the trial court ordered the appellant driver's license to be suspended for one year, and he was ordered to attend DUI school. The appellant now challenges the lawfulness of his warrantless arrest and the sufficiency of the evidence supporting his driving under the influence conviction. After a review of the record we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/groomsjames.wpd
STATE OF TENNESSEE v. LESLIE THURMAN MITCHELL Court:TCCA Attorneys: Robert L. Jolley, Jr., Knoxville, Tennessee, for the Appellant, Leslie Thurman Mitchell. Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Marsha Mitchell, Assistant District Attorney General, for the Appellant, State of Tennessee. Judge: WITT First Paragraph: The State of Tennessee appeals the Knox County Criminal Court's suppression and exclusion of evidence in the second-degree murder prosecution of Leslie Thurman Mitchell. The evidence consists, first, of the defendant's statements to law enforcement officers pertaining to the homicide following his arrest for an unrelated matter, and second, of the defendant's wife's testimony regarding marital communication pertaining to the alleged crime. We granted the state's application for interlocutory appeal, see Tenn. R. App. P. 9, and upon review, we reverse the lower court's rulings. http://www.tba.org/tba_files/TCCA/mitchelllesliet.wpd
Abolition of Office of Constable in DeKalb County Date: July 28, 2003 Opinion Number: 03-092 http://www.tba.org/tba_files/AG/2003/op92.pdf
Tort Liability of Emergency Medical Technicians and Paramedics Date: July 28, 2003 Opinion Number: 03-093 http://www.tba.org/tba_files/AG/2003/op93.pdf
Tax-exempt fuel provided by metropolitan airport authority to independent contractor operating local transit service. Date: July 30, 2003 Opinion Number: 03-094 http://www.tba.org/tba_files/AG/2003/op94.pdf
Consideration of prior foreign convictions (set aside) for qualification of police officers. Date: July 30, 2003 Opinion Number: 03-095 http://www.tba.org/tba_files/AG/2003/op95.pdf
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