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Today's Opinions: January 10, 2005
Volume 11 — Number 005
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.
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Court of Appeals
02 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 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

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 or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.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. • Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. • Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_011005.wpd

STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES v. LILLI LOWERY,
IN THE MATTER OF M.D.B. (dob 11/18/96)

Court:TCA

Attorneys:                          

Scott A. Hodge, Morristown, Tennessee, for Appellant.

Paul G. Summers, Attorney General and Reporter, and Juan G.
Villasenor, Assistant Attorney General, Nashville, Tennessee, for
Tennessee Department of Children's Services.

Judge: FRANKS

First Paragraph:

The Trial Court determined there were statutory grounds to terminate
the mother's parental rights and that termination was in the child's
best interest, all by clear and convincing evidence.  On appeal, we
affirm.

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

STATE OF TENNESSEE v. THOMAS L. GOUGE

Court:TCCA

Attorneys:                          

David Crockett, Elizabethton, Tennessee (at trial), and Steve McEwen,
Mountain City, Tennessee (on appeal), for the appellant, Thomas L.
Gouge.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and Kent Chitwood, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The defendant, Thomas L. Gouge, appeals from the trial court's
revocation of probation requiring a sixty-day jail sentence.  The
order of revocation provided that the defendant reside in a work
release facility for an unspecified amount of time after service of
sixty days and that his probationary release was conditioned upon his
refraining from taking residence "with any female to whom he is not
married."  The order of revocation is affirmed; the sentence, however,
is modified by deleting the provision prohibiting the sharing of the
residence with an unmarried woman.

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

FREDERICK D. RICE v. STATE OF TENNESSEE 

Court:TCCA

Attorneys:                          

Kevin T. Beck, Chattanooga, Tennessee, for the Appellant, Frederick D.
Rice.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Brent C. Cherry, Assistant Attorney General; Bill
Cox, District Attorney General; and Neal Pinkston, Assistant District
Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Frederick D. Rice, appeals the judgment of the Hamilton
County Criminal Court dismissing his petition for post-conviction
relief.  On appeal, Rice raises the single issue of whether he was
denied the effective assistance of counsel at trial.  After review of
the record, we affirm the dismissal of the petition.

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

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