Opinion FlashSeptember 29, 2003Volume 9 — Number 176 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):
TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Howard H. Vogel SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0929.wpd TOM HENDERSON, ET AL. v. CITY OF CHATTANOOGA Court:TCA Attorneys: Phillip A. Noblett and Lawrence W. Kelly, Chattanooga, Tennessee, for the Appellant City of Chattanooga. Bryan H. Hoss, Chattanooga, Tennessee, for the Appellants Justin B. McCommon and Fraternal Order of Police, Rock City Lodge No. 22. W. Gerald Tidwell, Jr., Chattanooga, Tennessee, for the Appellants Southern States Police Benevolent Association, Inc., Martin R. Penny, Christopher Smith, Mark A. Smeltzer and David Allen. Alfred H. Knight and Alan D. Johnson, Nashville, Tennessee, for the Appellees Tom Henderson, Steve Hunsicker, and Freedom Broadcasting of Tennessee, Inc., d/b/a/ WTVC News Channel 9. Douglas R. Pierce and D. Wes Sullenger, Nashville, Tennessee, for the Appellee Tennessee Association of Broadcasters. Richard L. Hollow, Knoxville, Tennessee, for the Appellee Tennessee Press Association. Anthony A. Jackson and Bruce C. Bailey, Chattanooga, Tennessee, for the Appellee Chattanooga Publishing Company. Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, and Janet M. Kleinfelter, Senior Counsel, Nashville, Tennessee, for the Appellee State of Tennessee. Judge: SWINEY First Paragraph: Five police officers employed by the Chattanooga Police Department were involved in a physical altercation with Torris Harris ("Harris") which ended with Harris' death. Harris allegedly had ties to the local Crips gang. Pursuant to the Public Records Act, a local news station requested photographs of these five officers as well as a sixth officer who had prepared the official police report. After the request was denied by the City of Chattanooga, the news station filed a petition seeking to compel production of the photographs. After a trial, the Trial Court concluded the photographs were "public records" and the undercover officer exemption found in the Public Records Act did not apply to these officers. The Trial Court also held that disclosing the photographs would not place the officers or their families at substantial risk of harm and, therefore, would not violate the officers' constitutional right to privacy. After ordering production of the photographs, the Trial Court refused to award attorney fees incurred by the successful petitioners. We affirm. http://www.tba.org/tba_files/TCA/hendnt.wpd CONCHITA JOHNSON v. GREG JOHNSON Court:TCA Attorneys: Brent R. Watson and Suzanne N. Price, Knoxville, Tennessee, for Appellant. Monica J. Franklin, Knoxville, Tennessee, and Bruce Hill, Sevierville, Tennessee, for Appellee. Judge: FRANKS First Paragraph: The Trial Court entered Judgment for back child support, ordered increase in continuing child support, and awarded custodial parent attorney's fees. Father, who sought change of custody, appealed. We affirm. http://www.tba.org/tba_files/TCA/johnsnc.wpd STATE OF TENNESSEE v. CHARLES WAYNE SAWYER Court:TCCA Attorneys: Paul G. Summers, Attorney General & Reporter; Kim R. Helper, Assistant Attorney General; Mike McCowen, District Attorney General; and Weakley E. Barnard, Assistant District Attorney General, for the appellant, State of Tennessee. Michael E. Gilmer, Columbia, Tennessee, for the appellee, Charles Wayne Sawyer. Judge: SMITH First Paragraph: A Marshall County grand jury indicted the defendant, Charles Wayne Sawyer, for aggravated sexual battery. The defendant filed a motion to suppress a statement that he allegedly made to the police without first being advised of his rights under Miranda. He made the alleged statement in response to a police officer's reading of the affidavit of complaint supporting his arrest warrant. The trial court, after conducting an evidentiary hearing, granted the defendant's motion to suppress his statement, finding that the reading of the affidavit was the functional equivalent of interrogation and therefore should have been prefaced by an admonishment of the defendant's constitutional rights. The state, with the trial court's permission, filed an interlocutory appeal, and pursuant to the state's Rule 9 application, this Court agreed to review the state's appeal. After reviewing the evidentiary hearing and other materials presented to this Court, we find that the trial court properly suppressed the defendant's statement and therefore affirm the judgment below. http://www.tba.org/tba_files/TCCA/sawyercharles.wpd PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi Home • Contact Us • PageFinder • What's New • Help |
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