Opinion Flash

March 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):
01 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
03 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


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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