Opinion Flash

August 20, 2003
Volume 9 — Number 151

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):
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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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


BOBBY CUNNINGHAM v. TERRY LESTER, ET AL.

Court:TCA

Attorneys:                          

John H. Norton, III, for the appellant, Bobby Cunningham.

Ralph McBride, Jr., for the appellees, Terry Lester and wife, Gayla
Lester.

Judge: FARMER

First Paragraph:

This dispute arises from an auction sale of real property.  The trial
court awarded plaintiff buyer specific performance of one contract and
denied specific performance of a second contract.  We affirm.

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

WILLIAM WATERS, JR. v. TENNESSEE DEPARTMENT OF CORRECTION, ET AL.
CORRECTED OPINION

Court:TCA

Attorneys:                          

William R. Waters, Jr., Only, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Stephanie R. Reevers,
Associate Deputy Attorney General, for the appellant, State of
Tennessee.

Judge: CANTRELL

First Paragraph:

A prison disciplinary board found a prisoner guilty of assault, and
sentenced him to punitive segregation.  The prisoner filed a Petition
for Writ of Certiorari, contending that there was no evidence that he
had initiated an assault, and that the disciplinary board had ignored
evidence that he was actually defending himself from a potentially
deadly assault from another prisoner.  The trial court found the
disciplinary board's action to be arbitrary, and reversed the
conviction.  The State argues on appeal that the trial court's action
was improper, because it should simply have ordered that the record be
sent up for further consideration.  We affirm the trial court.

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

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