April 20, 2000
Volume 6 -- Number 059

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.

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
02 New Opinion(s) from the Tennessee Court of Appeals
00 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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Lucian T. Pera
Editor-in-Chief, TBALink

B & G CONSTRUCTION, INC. 
VS. 
MANFRED POLK, et al.

Court:TCA

Attorneys:   

Manfred Polk, Brentwood, Tennessee, appellant, Pro Se.

Isham B. Bradley, Brentwood, Tennessee, for the appellee, B & G
Construction, Inc.

Judge:  SWINEY

First Paragraph:

This appeal arises from a judgment for the Appellee landlord in a
Circuit Court appeal from a detainer action originally brought in
Davidson County General Sessions Court.  The Appellant tenant raises
issues alleging error in the Trial Court's assertion of jurisdiction
over the cause of action.  These assertions are based upon the
tenant's objection to the method of service of process for the General
Sessions Court detainer warrant, and failure of the Circuit Court to
recognize the tenant's filing of a petition for removal in the United
States District Court.  Because the detainer warrant was served upon
an adult found in possession of the premises in question, service of
process was effective under T.C.A. S 29-18-115(a) to establish
jurisdiction for the original General Sessions Court award of
possession in favor of the landlord.  When the tenant appealed the
General Sessions Court judgment to Davidson County Circuit Court under
the authority of T.C.A. SS 29-18-128 and 27-5-108, the appeal was de
novo under T.C.A. SS 16-15-729 and 27-5-108(c), and the Circuit Court
acted properly in awarding the landlord not only possession, but also
damages and discretionary costs.  Because the tenant failed to comply
with the procedure required to remove the lawsuit from the
jurisdiction of the Tennessee courts to the jurisdiction of the
federal court, the Trial Court properly retained jurisdiction over
this cause of action.

http://www.tba.org/tba_files/TCA/B&GConst.wpd



JERRY RAY, Executor of the Estate of James Earl Ray VS. STATE OF TENNESSEE Court:TCA Attorneys: Paul J. Bruno, Nashville, Tennessee, for the appellant, Jerry Ray, Executor of the Estate of James Earl Ray. Paul G. Summers, Attorney General and Reporter, and Dianne Stamey Dycus, Deputy Attorney General, for appellee, State of Tennessee. Judge: FARMER First Paragraph: This appeal arises from a dispute over property in the custody of the Criminal Court Clerk of Shelby County. In 1969, the Decedent, James Earl Ray, was convicted of the murder of Dr. Martin Luther King, Jr., after the Decedent pled guilty to this charge in the Criminal Court of Shelby County. In the years following his conviction, the Decedent filed numerous petitions in both state and federal courts seeking post-conviction relief on various grounds. These criminal proceedings finally concluded upon the Decedent's death in 1998. Thereafter, Jerry Ray, the Decedent's brother and the Executor of the Decedent's estate, filed this lawsuit against the State of Tennessee in the Probate Court of Davidson County, seeking the return of certain property that had been used as evidence in the Decedent's criminal proceedings and that remained in the custody of the Shelby County Criminal Court Clerk. The Probate Court granted the State's motion to dismiss because the court ruled that the Executor's claim was barred by the doctrines of sovereign immunity and collateral estoppel. We affirm the Probate Court's dismissal of the Executor's complaint; however, we do so upon the alternative ground that the Probate Court lacked the authority to order the transfer or disposition of property held in the custody of the Criminal Court Clerk. http://www.tba.org/tba_files/TCA/rayjerry.wpd

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