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Court: TCA


C. Dewey Branstetter, Jr., Mark A. Mayhew, and David L. Raybin, Nashville, Tennessee, for the appellants, Willis Bruce Amos, et al.

Karl F. Dean, James L. Charles, Laura Kidwell, and Matthew J. Sweeney, Nashville, Tennessee, for the appellee, the Metropolitan Government of Nashville and Davidson County, Tennessee.

Judge: SCOTT

This appeal involves a declaratory judgment on the issue of whether pursuant to the Metro Code, the Metropolitan Government of Nashville and Davidson County, Tennessee, should have included lump-sum payments for accrued vacation time in the calculation of pension benefits for retired employees, or in the alternative, whether the Metropolitan Government of Nashville and Davidson County, Tennessee should be estopped from excluding lump-sum payments for accrued vacation time from the calculation of pension benefits for retired employees. On appeal, the Appellants claim that the trial court erred in finding that: 1) pursuant to the Metro Code, lump-sum payments should be excluded from the calculation of pension benefits for retired employees, 2) the Metropolitan Government of Nashville and Davidson County, Tennessee is not estopped from excluding the lump-sum payments from the calculations, and 3) denying certification of this matter as a class action. Finding no error, we affirm.



Court: TCA


Archie Sanders, III, Memphis, TN, for Appellants

C. Wesley Fowler, Memphis, TN, for Appellee, Memphis Housing Authority Joe Lee Wyatt, William J. Wyatt, Memphis, TN, for Appellee, Scruggs Security & Patrol, LLC


This appeal involves a wrongful death action arising from the fatal shooting of a tenant at a public housing property. The decedent was in the managerís office of the apartment complex when another tenant, who was involved in an altercation with a security guard on the premises, obtained a rifle from his apartment and began shooting at the security guard. The decedent was struck and killed by a bullet fired by the other tenant during the incident. The plaintiffs, the surviving children and sister of the decedent, sued the defendant owner and operator of the public housing property, asserting claims for wrongful death through negligence and breach of contract per the lease agreement. The trial court granted the defendantís motion for summary judgment. We affirm.


Court: TCA


R. Steven Waldron of Murfreesboro, Tennessee For Appellant, Cassandra Roberts

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Dawn Jordan, Assistant Attorney General for Appellee, State of Tennessee


Following a car accident, Claimant/Appellant filed a Complaint with the Tennessee Claims Commission. The Complaint stated that Claimant/Appellant did not have sufficient facts to state definitively a claim for negligence against a Tennessee State Trooper. The State filed a motion to dismiss, which the Commission granted. Claimant/Appellant appeals. We affirm.


Court: TCCA


C. Brad Sproles, Kingsport, Tennessee, for the appellant, Connie Lee Arnold.

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Anthony Wade Clark, District Attorney General; and Kenneth Baldwin, Assistant District Attorney General, for the appellee, State of Tennessee.


The petitioner, Connie Lee Arnold, appeals the Carter County Criminal Court's denial of his petition for post-conviction relief from his convictions for child rape and especially aggravated sexual exploitation of a minor and resulting effective thirty-seven-year sentence. On appeal, he contends that (1) he received the ineffective assistance of trial counsel because his attorney failed to file a motion for change of venue based on pretrial publicity and (2) the post-conviction court judge erred by refusing to recuse himself from this case. Upon review of the record and the parties' briefs, we conclude that the petitioner did not receive the ineffective assistance of counsel and that the post-conviction court did not err by denying the petitioner's motion to recuse. Nevertheless, we hold that the judge who presided over this post-conviction proceeding is disqualified from any subsequent proceedings in this case.

Juvenile Court Youth Services Officers

TN Attorney General Opinions

Date: 2007-08-02

Opinion Number: 07-115


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