Opinion Flash

May 7, 2004
Volume 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):
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
03 New Opinion(s) from the Tennessee Court of Criminal Appeals
04 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


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

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