February 4, 2000
Volume 6 -- Number 017

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink from Tennessee's three appellate courts.

This Issue (IN THIS ORDER):
 
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
03 New Opinion(s) from the Tennessee Court of Appeals
02 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

There are three ways for TBALink members to get the full-text versions of these opinions from the Web:

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.

*NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original WordPerfect 6.0 version of the opinion.

Click the URL at end of each Opinion paragraph below. This option will allow you to download the original WordPerfect 6.0 document.

Lucian T. Pera
Editor-in-Chief, TBALink

						
JEFFREY L. LAWSON
VS.
UNIVERSITY OF TENNESSEE

Court:TCA

Attorneys:    

For Appellant               For Appellee
                
BEAUCHAMP E. BROGAN         VICTORIA H. BOWLING
General Counsel             Norris, Tennessee
University of Tennessee
Knoxville, Tennessee

RONALD C. LEADBETTER
Associate General Counsel
University of Tennessee
Knoxville, Tennessee                      

Judge:  SUSANO

First Paragraph:

We granted this Rule 9, T.R.A.P., application to determine whether the
defendant University of Tennessee ("the University") can be sued for a
violation of the federal Fair Labor Standards Act.  We find that it
cannot be sued for such violations under the current state of the law.
 Accordingly, we reverse the trial court's order denying the
University's motion to dismiss.

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



JOE PARKER, et. al BOARD OF COMMISSIONERS OF ROANE COUNTY, TENNESSEE and BOARD OF COMMISSIONERS OF ROANE COUNTY, TENNESSEE VS. JOE PARKER, et. al Court:TCA Attorneys: For the Appellants: For the Appellees: Steven Douglas Drinnon Jack H. McPherson, Jr. Dandridge, Tennessee Kingston, Tennessee Judge: SWINEY First Paragraph: This is an appeal of a Roane Chancery Court order which enjoined Appellants, Joe Parker, Mary Lynn Parker and Tiger Haven, Inc., from maintaining any Class I, wild or exotic animals, on certain parcels of land in Roane County, and from expanding the operation of Tiger Haven, Inc., except upon proper application and approval by the County. http://www.tba.org/tba_files/TCA/ParkerJ.wpd
HARLEY WHITE and WILLIAM MACK WHITE VS. GUY N. JONES, and wife, VIOLET E. JONES Court:TCA Attorneys: THOMAS V. TESTERMAN and ROY T. CAMPBELL, JR., Newport, for Appellees. ROBERT H. BAILEY, Greeneville, for Appellants. Judge: FRANKS First Paragraph: This is a dispute between adjoining property owners over a tract of land which the Chancellor determined was owned by plaintiffs. http://www.tba.org/tba_files/TCA/whiteh.wpd
NATHANIEL FLEMING VS. STATE OF TENNESSEE Court:TCCA Judge: WILLIAMS First Paragraph: The petitioner, Nathaniel Fleming, appeals from the trial court's dismissal of his petition for post-conviction relief. In May 1989, the Hickman County grand jury indicted the petitioner for first degree murder. This indictment led to a first trial which ended in a hung jury. At his second trial in October 1991, he was found guilty of the indicted charge and sentenced to life in prison. On direct appeal, the petitioner's conviction was affirmed. The petitioner then filed a petition for post-conviction relief. This petition was denied by the trial court, and the petitioner appealed. http://www.tba.org/tba_files/TCCA/Flemingn.wpd
STATE OF TENNESSEE VS. LISA KEY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GREG W. EICHELMAN PAUL G. SUMMERS District Public Defender Attorney General & Reporter MICHAEL A. WALCHER MICHAEL J. FAHEY, II Assistant Public Defender Assistant Attorney General 1609 College Park Drive 2nd Floor, Cordell Hull Building Morristown, TN 37813-1618 425 Fifth Avenue North Nashville, TN 37243 C. BERKELEY BELL, JR. District Attorney General ERIC D. CHRISTIANSEN Assistant District Attorney General 109 South Main Street, Suite 501 Greeneville, TN 37743 Judge: WOODALL First Paragraph: Defendant Lisa Key was indicted by the Greene County Grand jury for possession of a controlled substance with intent to sell or deliver and for possession of drug paraphernalia. Following a jury trial, Defendant was convicted of simple possession of a controlled substance and possession of drug paraphernalia. The trial court subsequently imposed concurrent sentences of eleven months and twenty-nine days at 75% release eligibility. http://www.tba.org/tba_files/TCCA/keyl.wpd

PLEASE FORWARD THIS EMAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN TBALink!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion-Flash free each day by e-mail? Anyone -- whether a TBA member or not is welcome to subscribe ... it's free!

For the
Plain Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
SUBSCRIBE
3) Leave the body of the message blank

For the HTML Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
SUBSCRIBE HTML
3) Leave the body of the message blank

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

To STOP receiving TBALink Opinion-Flash:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
UNSUBSCRIBE
3) Leave the body of the message blank


© Copyright 2000 Tennessee Bar Association