Opinion FlashMay 7, 2004Volume 10 — Number 89 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 ARTHUR McRAE, ET AL. v. KNOX COUNTY, ET AL. Court:TCA Attorneys: Lawrence P. Leibowitz and Rebecca G. Bond, Knoxville, Tennessee, attorneys for appellants, Danny Amanns and Outdoor Displays, Inc. Keith H. Burroughs and Audrey A. Headrick, Knoxville, Tennessee, attorneys for appellees, Arthur McRae, Brigitte McRae and Three Rivers Preservation Association, Inc. Judge: INMAN First Paragraph: This is a zoning dispute involving billboards. Its posture is not traditional because the Board of Zoning Appeals and the owner of the billboards are in agreement. The Board granted the owner two variance from a zoning ordinance; this action was challenged by the Appellees who claimed that the erection of the billboards adversely affected the value, use, and enjoyment of their property, which vested them with a special interest and entitlement to file a petition for certiorari for a judicial review of the Board's action. The Writ was granted, and a hearing resulted in a finding that the action of the Board of Zoning Appeals was unlawful and capricious. http://www.tba.org/tba_files/TCA/mcraearthur.wpd STATE OF TENNESSEE v. JAMES ALLEN BATES Court:TCCA Attorneys: William A. Kennedy, Blountville, Tennessee, for the appellant, James Allen Bates. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; Greeley Wells, District Attorney General; and Robert Montgomery, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: A jury convicted the Defendant, James A. Bates, of two counts of especially aggravated kidnapping, three counts of assault (which the trial court merged into a single count), one count of possession of a firearm by a convicted felon, one count of felony evading arrest, and one count of possession of marijuana. The trial court subsequently sentenced the Defendant on the especially aggravated kidnapping convictions as a Range II, multiple offender to an effective term of thirty-eight years in the Department of Correction. The Defendant now appeals, challenging the sufficiency of the evidence supporting his convictions of especially aggravated kidnapping and the trial court's decision to sentence him as a Range II, multiple offender on those offenses. We affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/batesja.wpd KENNETH SMITH v. STATE OF TENNESSEE Court:TCCA Attorneys: Thomas M. Minor, Somerville, Tennessee, for the Appellant, Kenneth Jermaine Smith. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Kathy D. Aslinger, Assistant Attorney General; Elizabeth T. Rice, District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Kenneth Smith, appeals the Fayette County Circuit Court's denial of his petition for post-conviction relief. On appeal, Smith argues that he received the ineffective assistance of counsel. Having reviewed the record, the briefs of the parties, and the applicable law, we conclude that Smith's post-conviction petition was time-barred. Because we are without jurisdiction, the appeal is dismissed. http://www.tba.org/tba_files/TCCA/smithkenneth.wpd CHRISTOPHER A. WILLIAMS v. STATE OF TENNESSEE Court:TCCA Attorneys: Paul K. Guibao, Memphis, Tennessee, for the Appellant, Christopher Williams. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Thomas E. Williams, III, Assistant Attorney General; William L. Gibbons, District Attorney General; and Ray Lepone, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Christopher A. Williams, brings this appeal as of right from the Shelby County Criminal Court's denial of his petition for post-conviction relief. Williams was convicted of attempted aggravated robbery and felony murder. On appeal, he argues that the post-conviction court erred by denying his motion for an ex parte hearing and for investigative services. After a review of the record, we affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/williamschristophera.wpd Request for Proposals for Construction Management Services Date: May 5, 2004 Opinion Number: 04-084 http://www.tba.org/tba_files/AG/2004/op84.pdf Effect of Tennessee Code Annotated S 40-6-215 upon Rule 4 of the Tennessee Rules of Criminal Procedure Date: April 4, 2004 Opinion Number: 04-085 http://www.tba.org/tba_files/AG/2004/op85.pdf Constitutionality of SB 176/HB 591 Date: May 5, 2004 Opinion Number: 04-086 http://www.tba.org/tba_files/AG/2004/op86.pdf Constitutionality of Tenn. Code Ann. S 12-4-320 Date: April 5, 2004 Opinion Number: 04-087 http://www.tba.org/tba_files/AG/2004/op87.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! 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