May 9, 2003
Volume 9 Number 085
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.This Issue (IN THIS ORDER):
||New Opinion(s) from the Tennessee Supreme Court
||New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
||New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
||New Opinion(s) from the Tennessee Court of Appeals
||New Opinion(s) from the Tennessee Court of Criminal Appeals
||New Opinion(s) from the Tennessee Attorney General (PDF format)
||New Judicial Ethics Opinion(s)
||New Formal Ethics Opinion(s) from the Board of Professional Responsibility
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Howard H. Vogel
MARK PIRTLE CHEVROLET, INC., et al. v. CELEBRATION NISSAN, INC., et
Daryl M. South, Murfreesboro, Tennessee, for the appellants,
Celebration Nissan, Inc., Randy Roberts, Rebecca Roberts and William
David W. Kious, Murfreesboro, Tennessee, for the appellees, Mark
Pirtle Chevrolet, Inc. and Mark A. Pirtle.
This case involved claims and counter-claims for breach of contract on
the sale of an automobile dealership. After a hearing, the trial
court awarded the plaintiffs damages for most of their claims. Since
the defendants did not file a timely notice of appeal, we cannot
consider arguments about the court's Final Order. However, the
plaintiff filed a Rule 60 motion to clarify one paragraph of the Final
Order. The trial court granted the motion, and modified the order to
specify that the defendant was to pay the plaintiff $49,000 for
certain cars that had been the subjects of a dispute. The defendant
appealed the trial court's action. We affirm.
STATE OF TENNESSEE v. MARK A. BALES
Bob McD. Green, Johnson City, Tennessee, for appellant, Mark A. Bales.
Paul G. Summers, Attorney General & Reporter; Peter M. Coughlan,
Assistant Attorney General; Greeley Wells, District Attorney General;
and Todd Martin, Assistant District Attorney General, for appellee,
State of Tennessee.
The defendant, Mark Anthony Bales, pled guilty to attempted second
degree murder. After accepting his plea, the trial court sentenced
the defendant to serve eleven years as a Range I standard offender.
The defendant now appeals his sentence arguing that the trial court
erred (1) by finding that when the defendant committed the instant
crime, he treated the victim with exceptional cruelty; (2) by giving
insufficient weight to two applicable mitigating factors, the
defendant's excellent social history and his lack of a criminal
record; and (3) by sentencing the defendant to a term of years that
made him ineligible for consideration for an alternative sentence.
After a thorough review of the record, we find that none of the
defendant's allegations merit relief and accordingly affirm his
STATE OF TENNESSEE v. KENNETH MICHAEL BYRD, ALIAS
Mark E. Stephens, District Public Defender, and Robert C. Edwards and
John R. Halstead, Assistant Public Defenders, for the appellant,
Kenneth Michael Byrd, Alias.
Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Zane M. Scarlett, Assistant District Attorney General,
for the appellee, State of Tennessee.
Issue: Whether the issuance of a capias tolls the expiration of a
probationary sentence. Upon this record, we conclude it does not. We
reverse the revocation of the defendant's probation, concluding his
probationary sentence had expired.
Permissible Games under Lottery Amendment
Date: May 5, 2003
Opinion Number: 03-058
Juvenile Court Discretion to Permit Minors to Buy Tobacco in Sting
Date: May 6, 2003
Opinion Number: 03-059
County Buildings Located Outside City Limits of County Seat Town
Date: May 6, 2003
Opinion Number: 03-060
Enforcement of Municipal Ordinance in State Court
Date: May 7, 2003
Opinion Number: 03-061
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