TennBarU, the TBA Elder Law Section and the National Academy of Elder
Law Attorneys Present: Elder Law Basics
August 19-21 - Gaylord Opryland Hotel in Nashville

This program covers the breadth of elder law. The distinguished
faculty for this program includes past NAELA presidents and authors of
several national treatises on elder law. Level of instruction is basic
and intermediate. A unique aspect of this program is its focus on a
case study, in which participants will develop a long-term care plan
under the tutelage of experienced elder law attorneys. This course
provides 15.75 hours of general and one hour dual CLE credit.

Today's Opinions: July 26, 2005
Volume 11 — Number 141
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
01 New Opinion(s) from the Tennessee Court of Appeals
03 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. 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


STATE OF TENNESSEE ex rel. WILLIAM L. GIBBONS, DISTRICT ATTORNEY
GENERAL v. CLUB UNIVERSE

Court:TCA

Attorneys:                          

Jeffrey Jones, Bartlett, for respondent/appellant Club Universe

Lyndsay Fuller Hood, Assistant Attorney General and Steven A. Hart,
Special Counsel, Office of the Tennessee Attorney General, Nashville,
for petitioner/appellee State of Tennessee

Judge: KIRBY

First Paragraph:

This is a public nuisance case. The Shelby County district attorney
general filed a petition in general sessions court, asking the court
to declare a local nightclub a public nuisance and to enjoin the
nightclub from further operation. This division of the general
sessions court was designated as an environmental court pursuant to
Tennessee statute. After a hearing, the environmental court found that
the nightclub was a public nuisance and permanently enjoined operation
of the nightclub. The nightclub appealed this ruling to both the
circuit court, requesting de novo review, and to this Court. The
circuit court held that it did not have jurisdiction to hear the
appeal because the appeal would lie with this Court. Because the
environmental court had concurrent jurisdiction with the circuit
court, we affirm the trial court's holding that the appeal from
environmental court lies in this Court. Further, we affirm the
environmental court's finding that the nightclub is a public nuisance
and the grant of a permanent injunction.

http://www.tba.org/tba_files/TCA/2005/clubu72605.pdf

STATE OF TENNESSEE v. JAMES T. BRACKINS
CORRECTED OPINION (ORIGINALLY ISSUED 7-20-2005)

Court:TCCA

Attorneys:                          

G. Kenneth Gilleland, Sevierville, Tennessee, for the appellant, James
T. Brackins.

Paul G. Summers, Attorney General & Reporter; Blind Akrawi, Assistant
Attorney General; Al Schmutzer, Jr., District Attorney General; Steven
R.Hawkins, Assistant District Attorneys General, for the appellee,
State of Tennessee.

Judge: SMITH

First Paragraph:

The appellant, James T. Brackins, pled guilty to robbery. As part of
the plea agreement, the appellant received a six (6) year sentence.
After a sentencing hearing, the trial court ordered the appellant to
serve the sentence in incarceration. On appeal, the appellant argues
that the trial court erred in denying alternative sentencing. We
affirm the judgment of the trial court.

CORRECTED OPINION
http://www.tba.org/tba_files/TCCA/2005/brackinsj72605.pdf

SAMUEL PENDERGRASS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Ruth H. DeLange, Chattanooga, Tennessee, for the Appellant, Samuel
Pendergrass.

Paul G.Summers, Attorney General and Reporter; Seth P. Kestner,
Assistant Attorney General; and Boyd Patterson, Assistant District
Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Samuel Pendergrass, appeals the Hamilton County
Criminal Court's denial of his petition for post-conviction relief. On
appeal, Pendergrass argues that his guilty pleas to four misdemeanor
counts of passing worthless checks and one count of felony theft of
property over $1,000 were not knowing and voluntary due to the
ineffective assistance of counsel. After review, the judgment of the
post-conviction court is affirmed.

http://www.tba.org/tba_files/TCCA/2005/pendergrasss72605.pdf

STATE OF TENNESSEE v. THOMAS WHITE, JR.

Court:TCCA

Attorneys:                          

Daniel J. Ripper, Chattanooga, Tennessee, for the appellant, Thomas
White, Jr..

Paul G. Summers, Attorney General & Reporter; Seth P. Kestner,
Assistant Attorney General; Bill Cox, District Attorney General; C.
Parke Masterson and Rodney C. Strong, Assistant District Attorneys
General, for the appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

After pleading guilty to various charges, the appellant, Thomas White,
Jr., was placed on intensive probation for seven (7) years in 2002. In
February of 2003, the appellant was arrested twice for violation of
the Motor Vehicle Offencer Act, Tennessee Code Annotated sec.
55-10-616. A probation violation warrant was issued against the
appellant. After a bench trial, the appellant was found guilty of both
counts of violating Tennessee Code Annotated sec. 55-10-616. As a
result, the trial court revoked the appellant's probation and ordered
the appellant to serve an effective fourteen (14) year sentence.
Because we are unable to discern the trial court's intentions from
either the transcript of the hearing or the judgments, we reverse and
remand this case for entry of corrected and clarified judgments.

http://www.tba.org/tba_files/TCCA/2005/whitet72605.pdf

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