TBA YLD Presents: Who's Your Client (And Other Ethical Dilemmas)
March 29 - Memphis
March 30 - Nashville
March 21 - Knoxville

This fast-paced, three-hour ethics CLE includes presentations on conflicts of interest and other issues relating to the representation of elderly clients and conflicts of interest and other issues relating to the representation of both large corporations and small businesses, including family-owned and other closely-held corporations and their principals.

It will also include a one-hour segment dealing with ethics in mediation, covering topics relating to both the mediator and the parties in mediation. Finally, it will include a short segment on the proposed changes to the disciplinary reporting requirements and the fee dispute rules.

Today's Opinions: March 23, 2005
Volume 11 — Number 55
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
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
05 New Opinion(s) from the Tennessee Court of Criminal Appeals
05 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. We recommend you download the Opinions to your computer and then open them from there. • Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. • 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


BOBBIE D. GRAY, ET AL. v. THE CITY OF MEMPHIS, TENNESSEE, ET AL.

Court:TCA

Attorneys:                          

Robert L. J. Spence, Jr., Patti C. Bowlan, and Sara L. Hall, Memphis,
Tennessee, for the appellant, The City of Memphis, Tennessee.

Blakeley D. Matthews and Ben Rose, Nashville, Tennessee, for the
appellees, Bobbie D. Gray, The Association of City Retired Employees,
RX Shoppe, Inc., Rodney A. Tubbs, D.Ph., and the Tennessee Pharmacists
Association.

Judge: FARMER

First Paragraph:

The trial court permanently enjoined the City of Memphis from
modifying its health care plan to require enrollees to obtain
prescription medications through a mail-order pharmacy plan.  We
affirm in part, reverse in part, and remand.

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

TERESA McEWEN v. TENNESSEE DEPARTMENT OF SAFETY

Court:TCA

Attorneys:                          

Charles R. Ray and Jeffery S. Frensley, Nashville, Tennessee, for the
appellant, Teresa McEwen.

Paul G. Summers, Attorney General and Reporter, and Michael A. Meyer,
Assistant Attorney General, for the appellee, Tennessee Department of
Safety.

Judge: KOCH

First Paragraph:

This appeal involves the forfeiture of personal property seized
incident to a criminal investigation into the illegal sale of
controlled substances.  The owner of the property filed a claim for
its recovery with the Tennessee Department of Safety.  The Appeals
Division of the Department of Safety, overruling an administrative law
judge's initial order, ordered the forfeiture of all the seized
property except a pickup truck.  Thereafter, the owner filed a
petition in the Chancery Court for Davidson County seeking judicial
review of the Appeals Division's forfeiture order.  The trial court
affirmed the forfeiture order, and the owner of the property appealed.
 Although we disagree with the trial court's reasoning,  we likewise
affirm the forfeiture order.

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

STATE OF TENNESSEE v. CASEY AUSTIN

Court:TCCA

Attorneys:   

Paul G. Summers, Attorney General and Reporter; David E. Coenen,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and P.T. Hoover, Jr., Michael R. McCusker and David Zak,
Assistant District Attorney Generals, for the appellant, State of
Tennessee.

Robert Wilson Jones, Shelby County Public Defender; W. Mark Ward and
Tim Albers, Assistant Shelby County Public Defenders, for the
appellee, Casey Austin.

Judge: MCLIN

First Paragraph:

The State appeals the trial court's decision to dismiss the indictment
against the defendant, Casey Austin, without prejudice.  For reasons
discussed below, we affirm the judgment of the trial court. 

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

JAMES BEASLEY v. TONY PARKER, WARDEN

Court:TCCA

Attorneys:                          

James Beasley, pro se.

Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger,
Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: WILIAMS

First Paragraph:

The Petitioner James Beasley appeals the trial court's denial of his
petition for habeas corpus ad testificandum.  The State has filed a
motion requesting that this Court affirm the trial court's denial of
relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. 
An appeal as of right does not exist from a denial of a petition for
habeas corpus ad testificandum.  Accordingly, the above-captioned
appeal is dismissed. 

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

BILLY JAMES MATTHEWS v. WARDEN GLENN TURNER

Court:TCCA

ORDER

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

JOSHUA PATRICK THOMPSON v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

George Morton Googe, District Public Defender, and David H. Crichton,
Assistant Public Defender, for the appellant, Joshua Patrick Thompson.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assistant Attorney General; James G. Woodall, District Attorney
General; and Alfred L. Earls, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The petitioner appeals the denial of his petition for post-conviction
relief.  Specifically, he contends that the trial court erred (1) in
failing to find ineffective assistance of trial counsel, and (2) in
denying the petitioner's motion for a continuance.  Following our
review, we affirm the denial of post-conviction relief.

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

STATE OF TENNESSEE v. DENNIS WATSON

Court:TCCA

Attorneys:                          

Lanis L. Karnes, Jackson, Tennessee, and H. Rod Taylor, Assistant
Public Defender, for the appellant, Dennis Watson.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; C. Phillip Bivens, District Attorney
General, for the appellee, State of Tennessee.

Judge: MCLIN

First Paragraph:

The defendant, Dennis Watson, pled guilty to possession with the
intent to sell or deliver a controlled substance, Schedule II,
cocaine, in an amount over .5 grams, a Class B felony, in exchange for
a sentence of twelve years as a standard Range I offender in the
Department of Correction.  The defendant reserved two certified
questions of law for this appeal: (1) whether the trial court erred in
denying his motion to dismiss based upon the right to a speedy trial;
and (2) whether the trial court erred in denying his motion to
suppress.  After reviewing the issues, we affirm the judgment of the
trial court.

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

Municipal Condemnation of State Property

Date: March 21, 2005

Opinion Number: 05-025 

http://www.tba.org/tba_files/AG/2005/OP25.pdf

Appointment of General Sessions Court Officers

Date: March 21, 2005

Opinion Number: 05-026

http://www.tba.org/tba_files/AG/2005/OP26.pdf

General Legislation Authorizing Referenda on Increases in County
Property Tax Rates

Date: March 21, 2005

Opinion Number: 05-027

http://www.tba.org/tba_files/AG/2005/OP27.pdf

Deadline for Making Prorated Property Tax Assessments

Date: March 21, 2005

Opinion Number: 05-028

http://www.tba.org/tba_files/AG/2005/OP28.pdf

Law Enforcement Officers Safety Act of 2004

Date: March 21, 2005 

Opinion Number: 05-029

http://www.tba.org/tba_files/AG/2005/OP29.pdf

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