Opinion Flash

April 27, 2004
Volume 10 — Number 081

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
01 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


IN RE B.N.S.

Court:TCA

Attorneys:                          

Marshall A. Raines, Jr., Jasper, Tennessee, for the appellant, K.D.S.

Paul G. Summers, Attorney General and Reporter, and P. Robin Dixon,
Jr., Assistant Attorney General, for the appellee, Tennessee
Department of Children's Services.

Judge: KOCH

First Paragraph:

This appeal involves the termination of the parental rights of a
twelve-year-old child.  The Hamilton County Juvenile Court placed the
child in the custody of her uncle and aunt because she was chronically
absent from school.  The uncle and aunt later moved to Marion County. 
After the uncle and aunt decided that they no longer desired to have
custody of the child, the Marion County Juvenile Court placed the
child in the custody of the Department of Children's Services. 
Approximately fifteen months later, the Department filed a petition in
the Marion County Juvenile Court to terminate the biological parents'
parental rights.  The juvenile court granted the termination petition
after overruling the mother's objection that the petition should not
have been filed in Marion County.  The child's mother has appealed. 
We have determined that the order must be reversed because venue for
this termination proceeding does not lie in Marion County.

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

ELIZABETH D. OLIVER v. MARC L. OLIVER

Court:TCA

Attorneys:                          

Rosemary E. Phillips, Goodlettsville, Tennessee, for the appellant,
Marc L. Oliver.

Elizabeth D. Oliver, Nashville, Tennessee, Pro Se.

Judge: KOCH

First Paragraph:

This appeal involves a father's effort to obtain primary physical
custody of his now twelve-year-old daughter.  Approximately three
months after the parties' divorce, the father filed a petition in the
Circuit Court for Davidson County seeking to hold the mother in
criminal contempt for interfering with his visitation and for
alienating their daughter.  He later amended his petition to seek
primary physical custody.  Following a bench trial, the trial court
held the mother in contempt but declined to change custody from the
mother to the father.  The father has appealed.  We have determined
that the trial court did not err by denying the father's petition to
change custody.

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

Constitutionality of Granting a Homestead Exemption Based on Age and
Marital Status

Date: April 23, 2004

Opinion Number: 04-076                         

http://www.tba.org/tba_files/AG/2004/op76.pdf

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