Register now for Judicial Campaign Ethics Seminar As stewards of our judicial system the bar has an obligation to assure that next year's judicial elections enhance the fair and impartial administration of justice. To that end the TBA is undertaking a program of education on judicial campaign ethics and considering other steps to foster appropriate judicial election behavior by all involved. The program will be held Dec. 10 in Nashville at the Frist Center for the Visual Arts. https://www.tba.org/onsiteinfo/judicialcampaign_2005.html    TODAY'S OPINIONS: Tuesday, December 06, 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 01 - TN Supreme Court - Rules 03 - TN Court of Appeals 02 - 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 SUPREME COURT OF TENNESSEE-SUPREME COURT DISCRETIONARY APPEALS Corrected List: List Originally Issued 12/5/2005 Court: TSC-Rules Corrected List http://www.tba2.org/tba_files/TSC_Rules/2005/certlist12605.pdf CITY OF SOUTH PITTSBURG, TENNESSEE v. JOHN N. SHELLEY, II ET AL Court: TCA Attorneys: J. Harvey Cameron, Jasper, Tennessee, for the appellants, John N. Shelley, II, Mary Shelley, James E. Cooper, and Alice L. Cooper. Tracy C. Wooden, Chattanooga, Tennessee, for the appellee, City of South Pittsburg, Tennessee. Judge: KOCH This application for an interlocutory appeal arises out of a condemnation action filed by the City of South Pittsburg. The sole issue on appeal concerns the landownersâ use of an unrecorded and unapproved plat of a proposed subdivision to establish the fair market value of the property. The City filed a motion in limine to disallow the use of the plat. The trial court, relying on Davidson County Bd. of Ed. v. First Am. Nat. Bank, 202 Tenn. 9, 301 S.W.2d 905 (1957), determined that the landowners could not introduce the plat into evidence nor could their expert use the plat in his testimony to establish fair market value. The trial court subsequently granted the landowners an interlocutory appeal pursuant to Tenn. R. App. P. 9. We concur with the trial court that this is an appropriate case for an interlocutory appeal. We also conclude that the plat may be introduced and used in ways consistent with Davidson County Bd. of Ed., and we thus vacate the trial courtâs order categorically prohibiting its introduction and use. http://www.tba2.org/tba_files/TCA/2005/southpittsburg12605.pdf LEVOYD M. TALLEY, ET AL. v. ESTATE OF ROBERT HODGE, JR., DECEASED Court: TCA Attorneys: Walter W. Bussart, Lewisburg, Tennessee, for the appellant, Mary F. Talley. William A. Lockett, Chattanooga, Tennessee, for the appellee, Estate of Robert Hodge, Jr. Judge: CAIN Plaintiffs driver and passenger sued the estate of deceased Defendant driver for negligent operation of his vehicle. The jury found in favor of Defendant as to both Plaintiffs’ claims. Plaintiff passenger appealed after the trial court denied her motion for a new trial. We affirm the decision of trial court. http://www.tba2.org/tba_files/TCA/2005/talleyl12605.pdf STACE LEE THOMPSON v. THE CITY OF LAVERGNE Corrected Case: attorney and client names corrected case originally released 11/16/2005 Court: TCA Attorneys: Keith F. Blue and Molly R. Cripps, Nashville, Tennessee, for the appellant, The City of Lavergne. Roger S. Waldron and Terry A. Fann, Murfreesboro, Tennessee, for the appellee, Stace Lee Thompson. Judge: HARRIS This appeal involves an action brought by Lieutenant Stace Thompson of the City of LaVergne Police Department under the Tennessee Human Rights Act. Lt. Thompson alleged he was demoted as a result of investigating the alleged sexual harassment of a police officer within the department by the administrative assistant to the Chief of Police. After a trial by jury, judgment was rendered in favor of Lt. Thompson in the amount of $300,000.00 for embarrassment and humiliation and $4,000.00 for loss of benefits. The City of LaVergne has appealed. Finding no reversible error, we affirm. Corrected Case http://www.tba2.org/tba_files/TCA/2005/thompsons12605.pdf STATE OF TENNESSEE v. GABRIAL AYUEL Court: TCCA Attorneys: Kathleen G. Morris, Nashville, Tennessee, for the appellant, Gabrial Ayuel. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Renee Erb, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: MCLIN The defendant, Gabrial Ayuel, was convicted by a Davidson County jury of attempted first-degree murder and sentenced to twenty years as a Range I standard offender. On appeal, the defendant raises five issues: (1) juror misconduct; (2) prosecutorial misconduct; (3) erroneous evidentiary rulings; (4) improper disclosure of unrelated, outstanding warrants; and (5) sufficiency of theconvicting evidence. Following our review, we affirm the judgment of the trial court. http://www.tba2.org/tba_files/TCCA/2005/ayuelg12605.pdf STATE OF TENNESSEE v. DAVID M. WHITMAN, JR. Court: TCCA Attorneys: V. Michael Fox and Doug Thurman, Nashville, Tennessee for the appellant, David M. Whitman, Jr. Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and James Sledge and Michael Rohling, Assistant District Attorney Generals, for the appellee, State of Tennessee. Judge: MCLIN The defendant was indicted on two counts of driving under the influence (DUI). After a bench trial, the defendant was found guilty of both counts, but the trial court merged the counts into one conviction for DUI. The trial court sentenced the defendant to eleven months and twenty-nine days in the county jail, to be suspended after serving forty-eight hours in jail. The trial court also revoked the defendant’s license for one year and imposed a three hundred fifty dollar fine. On appeal, the defendant argues that: (1) the arresting officer did not have reasonable suspicion to stop his vehicle; (2) the test results from the breath-alcohol test were inadmissible because the officer failed to observe him for the requisite twenty minutes prior to the administration of the test; and (3) the evidence was insufficient to support his conviction. After review, we affirm the judgment of the trial court. http://www.tba2.org/tba_files/TCCA/2005/whitmand12605.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! 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