Make plans now to attend the 2007 TBA convention

The TBA will celebrate 125 years of service to the Tennessee legal community at this summer's annual convention in Nashville. Don't miss it! Distinguished legal journalist and broadcaster Fred Graham will address the Bench/Bar gathering, Tennessee legal historians will delight attendees with a program on historical figures in Tennessee law and everyone will be at the Hermitage, home of President Andrew Jackson, for a gala anniversary celebration. Join us June 13-16 in Nashville. Find out more or sign up today:

http://www.tba2.org/convention2007

TODAY'S OPINIONS
Click on the category of your choice to view summaries of today’s opinions from that court, or other body. A link at the end of each case summary will let you download the full opinion in PDF format. To search all opinions in the TBALink database, go to our OpinionSearch page. If you have forgotten your password or need to obtain a password, you can look it up on TBALink at http://www.tba.org/getpassword.mgi.

00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
00 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

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

WILLIAM HARRISON NIX, III v. RICHARD TERRY SUTTON

Court: TCA

Attorneys:

John M. Cannon, Goodlettsville, TN, for Appellant

William Harrison Nix, III, Mount Juliet, TN, pro se

Judge: HIGHERS

The appellant contends that the circuit court erred in dismissing his appeal from general sessions court when he failed to appear on the date of the hearing. He claimed that he had gone to the wrong courthouse on the hearing date. We affirm.

http://www.tba2.org/tba_files/TCA/2007/nixw_052907.pdf


WILLIAM W. YORK v. TENNESSEE BOARD OF PROBATION AND PAROLE

Court: TCA

Attorneys:

William W. York, Mountain City, TN, pro se

Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; Mark A. Hudson, Senior Counsel, Nashville, TN, for Appellee

Judge: HIGHERS

In 2001, the appellant, a pro se prisoner, petitioned the chancery court for a writ of certiorari regarding the parole board's decision denying him parole and setting a date for his next parole hearing ten years later. The chancery court granted the parole board's motion to dismiss the petition, and the prisoner appealed. This Court affirmed the chancery court's decision to dismiss the petition insofar as the prisoner alleged error with the decision to deny parole, but reversed and remanded as to the decision to defer parole consideration for ten years, finding it arbitrary. On remand, the chancery court ordered a second parole hearing, but later vacated the order. However, a second hearing had already been held at which the parole board again denied parole and set a date for the next parole hearing six years from the date of this second hearing. The chancery court ruled that the decision of the parole board to defer parole consideration for six years was not arbitrary, and concluded that the prisoner had been granted the relief to which he was entitled, dismissing the petition. The prisoner timely appealed to this Court. We affirm, as modified.

http://www.tba2.org/tba_files/TCA/2007/yorkw_052907.pdf


TODAY'S NEWS

Legal News
Legislative News

Legal News
State high court says police subject to open records laws
The Tennessee Supreme Court on Friday ruled that law enforcement agencies are not exempt from the state's open records law. The ruling was a victory for The Jackson Sun newspaper, which has been seeking law enforcement and other public records from the city. Read more in the Tennessean
Download the opinion
U.S. Supreme Court denies stay in Anna He case
The U.S. Supreme Court has refused to stay a state court order requiring the return of nine-year-old Anna He to her natural parents. A separate petition for the high court to review the adoption case itself is pending. The Memphis Commercial Appeal reported the news.

Sweat case to be reopened
Judge Donald P. Harris of Williamson County will hear the re-opened case of Tina Marie Sweat, the Cookeville area woman who was arrested on drug and assault charges but had her record wiped clean with the assistance of District Attorney General William "Bill" Gibson. Gibson is currently suspended from the practice of law and awaiting a final ruling by the Board of Professional Responsibility.
Read about it in the Crossville Chronicle
School board agrees to open meeting on desegregation
The Jackson-Madison County School Board has agreed to work with the local NAACP to set a date for a public meeting regarding unitary status for the school district. The agreement came after the Madison County Commission refused to meet behind closed doors. The commission is suing the board for breaching a contract to end the school system's desegregation suit.
Learn more from the Jackson Sun
Paper: past time for Gonzales to step down
The News Sentinel recently editorialized that in the case of U.S. Attorney General Alberto Gonzales, Monica Goodling is the last straw.
Read the opinion piece
Cohen seeks slavery apology
U.S. Rep. Steve Cohen of Memphis has introduced a resolution formally apologizing for slavery, segregation and discrimination against blacks. Cohen said he believes the move would be a first step toward racial reconciliation.
Learn more about the proposal in the Commercial Appeal
Students experience justice system as Teen Court officers
A reporter for the Jackson Sun reviews the Jackson-Madison County Teen Court Program, highlighting how this volunteer work by high school students builds character and plants seeds of a law career.
Read the article
Legislative News
Gun bill targets mentally ill
In the ongoing debate about gun possession in the state, Rep. Frank Niceley, R-Strawberry Plains, now wants to block the mentally ill from buying weapons.
The News Sentinel reports
Sen. Ford rejects family's help
State Sen. Ophelia Ford, D-Memphis, refused to talk to family members who traveled to Nashville over the weekend to take her home for rehabilitation, one of her brothers said.
The News Sentinel has the story

 
 
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