Opinion FlashMarch 23, 2004
Volume 10 Number 056
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
STATE OF TENNESSEE v. F. CHRIS CAWOOD Court:TSC Attorneys: Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Mark A. Fulks, Assistant Attorney General, for the appellant, State of Tennessee. Patrick C. Cooley, Kingston, Tennessee, for the appellee, F. Chris Cawood. Judge: BIRCH First Paragraph: The controversy here concerns certain audio and videotapes which were introduced in a bench trial and marked as exhibits. Following this Court's rejection of the State's application for Rule 11 review, the Court of Criminal Appeals, on motion of the appellee, entered an order returning this evidence to the "permanent possession" of the appellee. The issue framed and briefed by the parties requires us to determine whether the Court of Criminal Appeals' order returning the tapes to the appellee was consistent with statutes and regulations applicable to the retention and disposal of such evidence. http://www.tba.org/tba_files/TSC/cawoodchris.wpd
IN THE MATTER OF: B.E.D. Court:TCA Attorneys: Andrew Bernstein, Memphis, Tennessee, for the appellant, Bryan Davis. David F. Kustoff, Memphis, Tennessee, for the appellee, LaQuasha Harris-Lee. Judge: FARMER First Paragraph: The biological, custodial parent of a minor child appeals the juvenile court's award of visitation rights to the child's adult half-sister. We find no authority granting an adult sibling visitation rights to a minor child. We accordingly vacate the juvenile court's order. http://www.tba.org/tba_files/TCA/bed.wpd
TOMMY MURRAY v. CHRISTIAN METHODIST EPISCOPAL CHURCH Court:TCA Attorneys: Nathan B. Pride, Jackson, Tennessee, for the appellant, Christian Methodist Episcopal Church. J. Mark Benfield, Memphis, Tennessee, for the appellee, Tommy Murray. Judge: KIRBY First Paragraph: This case involves the breach of a construction contract. The plaintiff performed construction work on three apartment complexes, but was not paid in full for his services. He sued the defendant church, which allegedly owned the apartments, seeking the rest of the money due for his work. The church moved to dismiss, asserting it had no ownership interest in the apartment complexes. Discovery disputes arose. The trial court granted a default judgment in favor of the plaintiff, finding that the church failed to cooperate in the discovery process. The trial court denied the church's motion to set aside the default judgment. The church now appeals. We reverse, finding that under the circumstances of this case, the trial court abused its discretion in refusing to set aside the default judgment against the church. http://www.tba.org/tba_files/TCA/murraytommy.wpd
THOMAS EDWARD REDDICK v. STATE OF TENNESSEE Court:TCCA Attorneys: Thomas Edward Reddick, Wartburg, Tennessee, Pro se. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Marsha Mitchell, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The petitioner, Thomas Edward Reddick, pled guilty in the Knox County Criminal Court to second degree murder and received a sentence of twenty-eight years imprisonment in the Tennessee Department of Correction. Subsequently, the petitioner filed a petition for post-conviction relief, which petition the post-conviction court dismissed for failure to state a colorable claim for relief. The petitioner appealed. Upon review of the record and the parties' briefs, we dismiss the petitioner's appeal as being untimely. http://www.tba.org/tba_files/TCCA/reddickt.wpd
Constitutionality of HB 2543 Regarding Marriage License Fee Exception Date: March 19, 2004 Opinion Number: 04-045 http://www.tba.org/tba_files/AG/2004/op45.pdf
Applicability of Statute of Anne Provisions Regarding Gambling Date: March 18, 2004 Opinion Number: 04-046 http://www.tba.org/tba_files/AG/2004/op46.pdf
Regulation of Fishing Activities on Interstate Waters Bordering Tennessee Date: March 19, 2004 Opinion Number: 04-047 http://www.tba.org/tba_files/AG/2004/op47.pdf
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