Opinion FlashMarch 18, 2004Volume 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):
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 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 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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