Opinion Flash

April 16, 2004
Volume 10 — Number 074

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
01 New Opinion(s) from the Tennessee Court of Appeals
01 New Opinion(s) from the Tennessee Court of Criminal Appeals
07 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


KENNETH W. MITCHELL, et al. v. HOMER E. CHANCE, et al.

Court:TCA

Attorneys:                          

George E. Copple, Jr., Nashville, Tennessee, for the appellants,
Kenneth W. Mitchell and Michael S. Clement.

John Lee Williams, Waverly, Tennessee, for the appellees, Homer E.
Chance and Chance Limited Partnership.

Judge: KOCH

First Paragraph:

This appeal involves a dispute between neighbors regarding the use of
a county road in rural Humphreys County.  After one of the landowners
began to use the road to cross the neighboring landowners' property,
the neighboring landowners erected barricades in the road and later
filed a trespass action in the Chancery Court for Humphreys County. 
The landowners who desired to use the road counterclaimed to establish
their right of way along the road.  Following a bench trial, the trial
court sided with the landowners desiring to use the road.  On this
appeal, the landowners who desire to prevent the use of the road take
issue with the trial court's refusal to consider parol evidence
regarding the meaning of the references to the road in the deeds.  We
affirm the trial court's decision that the references to the road in
the deeds are not ambiguous, as well as its decision to admit
extrinsic evidence to determine the location of the road.  We have
also determined that the evidence fully supports the trial court's
decision regarding the location and dimensions of the road.

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

STATE OF TENNESSEE V. MARY LUCINDA WASHINGTON

Court:TCCA

Attorneys:                          

Periann S. Houghton, Trenton, Tennessee, for the appellant, Mary
Lucinda Washington.

Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III,
Assistant Attorney General; Gary Brown, District Attorney General; and
Edward L. Hardister, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The defendant was convicted of reckless homicide for the stabbing
death of her adult daughter.  The trial court sentenced the defendant
to a maximum sentence of four years for a Class D felony as a Range I
offender.  The defendant appeals this sentence claiming it is
excessive and that the trial court erred in permitting the judge who
presided over the defendant's preliminary hearing to testify at the
sentencing hearing.  We find these issues do not merit a reversal of
this case and affirm the trial court's decision to impose the maximum
sentence.

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

Amendment 9 to Senate Joint Resolution 127

Date: March 31, 2004

Opinion Number: 04-056                         

http://www.tba.org/tba_files/AG/2004/op56.pdf

Preemption and Visitorial Rules of the Comptroller of the Currency

Date: April 6, 2004

Opinion Number: 04-057                         

http://www.tba.org/tba_files/AG/2004/op57.pdf

Amendment to Municipal Incorporation Statute

Date: April 6, 2004

Opinion Number: 04-058                         

http://www.tba.org/tba_files/AG/2004/op58.pdf

Effect of Federal Banking Rules on State Predatory Lending Laws

Date: April 7, 2004

Opinion Number: 04-059                          

http://www.tba.org/tba_files/AG/2004/op59.pdf

Authority of Board of Accountancy to Hire or Terminate Executive
Director and Board Staff

Date: April 8, 2004

Opinion Number: 04-060                         

http://www.tba.org/tba_files/AG/2004/op60.pdf

Rejection of House Bill 2651

Date: April 8, 2004

Opinion Number: 04-061                          

http://www.tba.org/tba_files/AG/2004/op61.pdf

Constitutionality of Proposed Amendment to HB 2543 Regarding Marriage
License Fee Exception

Date: April 13, 2004

Opinion Number: 04-062                         

http://www.tba.org/tba_files/AG/2004/op62.pdf

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