Opinion Flash

September 29, 2003
Volume 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):
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 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

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.

Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


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!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi


HomeContact UsPageFinderWhat's NewHelp
© Copyright 2003 Tennessee Bar Association