New CLE Series for Young Lawyers Begins this Week The first of 12 CLE programs designed for new attorneys takes place this Thursday, Nov. 17, in Nashville, Knoxville, Chattanooga and Memphis. The YLD-sponsored program will focus on practicing in state court and will be followed by a networking and social reception. https://www.tba.org/onsiteinfo/skillbuilding_05-06.html    TODAY'S OPINIONS: Friday, November 18, 2005 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. 00 - TN Supreme Court 00 - TN Worker's Comp Appeals 00 - TN Supreme Court - Rules 01 - TN Court of Appeals 03 - TN Court of Criminal Appeals 00 - TN Attorney General Opinions 00 - Judicial Ethics Opinions 00 - Formal Ethics Opinions - BPR TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then open them from there. Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. 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. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion. Howard H. Vogel Knoxville, Tennessee Editor-in-Chief, TBALink DAVID W. MOORE, ET AL. v. CITY OF CHATTANOOGA Court: TCA Attorneys: D. Marty Lasley, Chattanooga, Tennessee, for the Appellant, City of Chattanooga. Thomas L. Wyatt, Chattanooga, Tennessee, for the Appellees, David W. Moore and wife, Sandra Moore. Judge: SWINEY David W. Moore and Sandra Moore sued the City of Chattanooga (“the City”) after a truck owned by the City and driven by a City employee rear-ended Mr. Moore’s car. The case went to trial and the City stipulated to liability, among other things. After a bench trial, the judgment was entered awarding, inter alia, Mr. Moore $40,000 in lost income and $46,000 for his personal injuries. Mrs. Moore was awarded $20,000 for loss of consortium. The City appeals claiming that the awards for lost income, personal injuries, and loss of consortium are excessive and not supported by the evidence. We affirm. http://www.tba2.org/tba_files/TCA/2005/moored111805.pdf WILLIAM CHASE v. STATE OF TENNESSEE Court: TCCA Attorneys: William Chase, Pollock, Louisiana, pro se. Paul G. Summers, Attorney General & Reporter; and Renee W. Turner, Assistant Attorney General, for the appellee, State of Tennessee. Judge: WADE The petitioner, William Chase, appeals the summary dismissal of his petition for post-conviction relief. Because the post-conviction court erred by concluding that it was without jurisdiction to consider the petition, the judgment must be reversed and the cause remanded. http://www.tba2.org/tba_files/TCCA/2005/chasew111805.pdf STATE OF TENNESSEE v. JIMMY PAUL PROVENCIO Court: TCCA Attorneys: Daniel J. Ripper and Meredith C. Mochel, Chattanooga, Tennessee (on appeal); and Ardena J. Garth, District Public Defender, and Hillary Stuart, Assistant Public Defender (at trial), for the appellant, Jimmy Paul Provencio. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; William H. Cox, III, District Attorney General; and Neal Pinkston, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS The defendant challenges his summary adjudication of criminal contempt. Following thorough review, we conclude that the gratuitous profane language used by the defendant was sufficient to convict him; that the trial court was within its discretion in summarily adjudicating the matter; and that the trial court’s failure to include the factual basis of the charge in the order, while technically incorrect, was not harmful to the defendant. Therefore, we affirm. http://www.tba2.org/tba_files/TCCA/2005/provencioj111805.pdf PATRICK STEWART v. STATE OF TENNESSEE Court: TCCA Attorneys: Patrick Stewart, pro se. Paul G. Summers, Attorney General & Reporter; Renee W. Turner, Assistant Attorney General, for the appellee, the State of Tennessee. Judge: GLENN The Petitioner, Patrick Stewart, appeals the lower court’s denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to allege any ground that would render the judgment of conviction void. Accordingly, we affirm the trial court’s dismissal. http://www.tba2.org/tba_files/TCCA/2005/stewartp111805.pdf   PLEASE FORWARD THIS E-MAIL! 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 instructions at the beginning of this edition of Opinion Flash. JOIN THE TENNESSEE BAR ASSOCIATION! While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink. To join the TBA go to: http://www.tba.org/join_bar.mgi 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! Sign up for text or HTML version. 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