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Today's Opinions: August 11, 2005
Volume 11 — Number 153
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

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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 EX REL. KARL F. DEAN v. GEORGE L. VANHORN ET AL. 

Court: TCA

Attorneys:

John E. Herbison, Nashville, Tennessee, for the appellant, I-65 Realty
Partners, LLC.

Karl F. Dean, J. Brooks Fox, and John L. Kennedy, Nashville,
Tennessee, for the appellee, Metropolitan Government of Nashville and
Davidson County, Tennessee.

Judge: KOCH

This appeal involves the courtsā power to require a property owner to
post a bond to regain possession of real property on which a public
nuisance had been maintained.After the Metropolitan Government of
Nashville and Davidson County filed suit in the Criminal Court for
Davidson County seeking to enjoin the operation of a brothel at a
Nashville address, the property owner conveyed the property to a
Nevada corporation.Even though the new property owner agreed to the
entry of an order permanently enjoining the operation of a house of
prostitution on the premises, the city insisted that the new owner
should also be required to post a $20,000 bond to assure compliance
with the injunction.The trial court acceded to the cityās request and
conditioned the restoration of the property to the ownerās control on
the owner posting a $20,000 cash bond.The owner has appealed. We have
determined that the trial court erred by conditioning the property
ownerās lawful use of its property on the filing of an open-ended
bond.

http://www.tba.org/tba_files/TCA/2005/vanhorng81105.pdf

STATE OF TENNESSEE v. PAUL DOTTERWEICH 

Court: TCCA

Attorneys:

Scott Pratt, Johnson City, Tennessee, for the appellant, Paul
Dotterweich.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Joe Crumley, District Attorney General;
and Stan Widner, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: WELLES

This is a direct appeal as of right upon a certified question of
law.See Tenn. R. Crim. P. 37(b)(2). The Defendant, Paul Dotterweich,
was convicted of DUI and underage consumption, both Class A
misdemeanors, following his entry of guilty pleas.The Defendant
received concurrent sentences of eleven months, twenty-nine days and
loss of driving privileges for one year.On appeal, the Defendant
argues that the trial court erred by failing to suppress the evidence
upon which his convictions were based because the evidence was
obtained during an unlawful investigatory stop. We affirm the
judgments of the trial court.

http://www.tba.org/tba_files/TCCA/2005/dotterweichp81105.pdf

STATE OF TENNESSEE v. PRESTON MORRIS KISER 

Court: TCCA

Attorneys:

Terry Jordan, Assistant Public Defender, Bountville, Tennessee, for
the appellant, Preston Morris Kiser.

Paul G. Summers, Attorney General and Reporter; David E. Coenen,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and James F. Goodwin, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, Preston Kiser, pled guilty to multiple counts of
passing worthless checks, theft under $500, theft over $500, forgery,
reckless driving, and driving on a suspended license.For these
offenses, the Defendant received an effective sentence of three years
as a Range I, standard offender. The Defendant was ordered to serve
his sentence on community corrections.Following a subsequent
revocation hearing, the Defendantās community corrections sentence was
revoked and the trial court ordered him to serve his sentence in
confinement.The Defendant now appeals the trial courtās revocation
order.We affirm the judgments of the trial court.

http://www.tba.org/tba_files/TCCA/2005/kiserp81105.pdf

ROBERT RIGGS v. STATE OF TENNESSEE 

Court: TCCA

Attorneys:

Robert Riggs, Pro Se. 

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Alfred C. Schmutzer, Jr., District
Attorney General; and Steven Hawkins, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, Robert Riggs, was convicted by a jury of three counts
of misapplication of contract funds.His convictions were affirmed by
this Court on direct appeal.See State v. Robert B. Riggs, No.
E2000-01983-CCA-R3-CD, 2002 WL 1364031 (Tenn. Crim. App., Knoxville,
June 25, 2002). The Tennessee Supreme Court denied the Defendantās
application for permission to appeal.The Defendant subsequently filed
a pro se petition for post-conviction relief, while he remained
incarcerated.The State responded by filing a motion to dismiss on the
grounds that the petition had been filed outside the statute of
limitations.The Defendant contested the Stateās motion but the trial
court granted it without a hearing.The Defendant now appeals the
summary dismissal of his petition for post-conviction relief.We
reverse the trial courtās ruling and remand this matter for an
evidentiary hearing on the timeliness of the Defendantās petition.

http://www.tba.org/tba_files/TCCA/2005/riggsr81105.pdf

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