Opinion Flash

March 18, 2004
Volume 10 — Number 053

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
02 New Opinion(s) from the Tennessee Court of Appeals
01 New Opinion(s) from the Tennessee Court of Criminal Appeals
09 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


IN RE:  C. LAC. AND D.L.
WITH CONCURRING OPINION

Court:TCA

Attorneys:                          

Lynn O. Sparkman, Sparta, Tennessee, for the appellant, A. LaC.

Paul G. Summers, Attorney General and Reporter; and Douglas Earl
Dimond, Assistant Attorney General for the appellee, Tennessee
Department of Children's Services.

Judge: CLEMENT

First Paragraph:

Mother appeals the decision of the trial court which terminated her
parental rights on two statutory grounds, abandonment and failure to
comply with the permanency plan, and upon the finding that termination
was in the best interest of the children.  Mother claims the evidence
was insufficient to satisfy the clear and convincing evidentiary
standard necessary to prove the statutory grounds for termination and
that termination was in the best interest of the children.  We affirm.

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

CONCURRING OPINION
http://www.tba.org/tba_files/TCA/clac_con.wpd

JOYCE HARDAWAY, ET AL. v. BOARD OF EDUCATION OF THE HAMILTON COUNTY
SCHOOLS

Court:TCA

Attorneys:                          

Richard Lee Colbert, Nashville, Tennessee, Attorney for Appellants,
Joyce Hardaway and Eva Settles.

William H. Pickering and W. Jack Benson, Jr., Attorneys for Appellee,
Board of Education of the Hamilton County Schools.

Judge: INMAN
 
First Paragraph:

Mother appeals the decision of the trial court which terminated her
parental rights on two statutory grounds, abandonment and failure to
comply with the permanency plan, and upon the finding that termination
was in the best interest of the children.  Mother claims the evidence
was insufficient to satisfy the clear and convincing evidentiary
standard necessary to prove the statutory grounds for termination and
that termination was in the best interest of the children.  We affirm.

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

CRAIG STEPHEN BOURNE v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Charles R. Martin, Kingsport, Tennessee, for the appellant, Craig
Stephen Bourne.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and Joseph E. Perrin, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The petitioner, Craig Stephen Bourne, appeals the Sullivan County
Circuit Court's denial of his petition for post-conviction relief from
his convictions for especially aggravated kidnapping, attempted second
degree murder, and aggravated burglary and effective thirty-two-year
sentence.  The petitioner claims that he received the ineffective
assistance of counsel because his attorneys (1) failed to raise the
issue of double jeopardy; (2) failed to raise the issue of the trial
court's interference during plea negotiations; (3) failed to raise the
issue that the trial court gave the jury inaccurate instructions on
release eligibility dates; (4) failed to challenge a jury instruction
on a crime that was not included in the indictment in his motion for a
new trial; and (5) failed, in the petitioner's motion for a new trial,
to challenge the trial court's denial of trial counsel's motion to
withdraw before trial.  We affirm the trial court's denial of the
petition.

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

Effect of criminal summons statute on citizen arrests and the
authority of a law enforcement officer to seek arrest warrants

Date: March 12, 2004

Opinion Number: 04-036                         

http://www.tba.org/tba_files/AG/2004/op36.pdf

Effective Date of Annexation for Purposes of Local Sales Tax
Distribution Under Tenn. Code Ann. S 6-51-115(b)(2)

Date: March 12, 2004

Opinion Number: 04-037                         

http://www.tba.org/tba_files/AG/2004/op37.pdf

Juvenile court authority to detain an adult for an offense committed
while a juvenile

Date: March 12, 2004

Opinion Number: 04-038                         

http://www.tba.org/tba_files/AG/2004/op38.pdf

Charter Schools: Eligibility for Enrollment in Type 1 Charter School;
Approval of New Charter School Application

Date: March 12, 2004

Opinion Number: 04-039                         

http://www.tba.org/tba_files/AG/2004/op39.pdf

Negotiation of Payments in Lieu of Taxes by Local Industrial
Development Boards

Date: March 12, 2004

Opinion Number: 04-040                          

http://www.tba.org/tba_files/AG/2004/op40.pdf

Prohibiting Yard Signs in Subdivision

Date: March 12, 2004

Opinion Number: 04-041                         

http://www.tba.org/tba_files/AG/2004/op41.pdf

Legality of Lottery Pool

Date: March 12, 2004

Opinion Number: 04-042                         

http://www.tba.org/tba_files/AG/2004/op42.pdf

Powers of Child Support Expedited Process Referees

Date: March 12, 2004

Opinion Number: 04-043                         

http://www.tba.org/tba_files/AG/2004/op43.pdf

Constitutionality of Senate Bill 3183 Imposing An Equity Assessment
Fee On Tobacco Product Manufacturers Who Are Not Participating in the
Tobacco Master Settlement Agreement.

Date: March 12, 2004

Opinion Number: 04-044                        

http://www.tba.org/tba_files/AG/2004/op44.pdf

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