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2010 Opinions


10-01 January 13, 2010 Kirby, James W.- DA's Conference

Effect of 2009 Tenn. Pub. Acts, ch. 324 on blood tests for alcohol or drug content

10-02 January 14, 2010 Ferguson, Dennis- Representative State Legislator Contracting with Non-Profit State Grant Recipient: Use of State Grant Funds
10-03 January 19, 2010 Bass, Eddie- Representative Requirement of Local Governments to Provide Police, Fire, and Medical Services
10-04 January 19, 2010 Haynes, Joe M.- Senator Written authorization required by Tenn. Code Ann. § 55-16-112(a) to a tow vehicle
10-05 January 19, 2010 Barker, Judy- Representative Union City Hotel-Motel Tax
10-06 January 19, 2010 Soloman, Carol- Judge Ex Parte Order of Protection
10-07 January 22, 2010 Traughber, Charles- Chairman of Board of Probation and Parole Authority of Board of Probation and Parole to Supervise Individuals on Pretrial Diversion
10-08 January 25, 2010 Wells, H. Greeley- District Attorney Deputy Sheriff as Candidate for County Commission
10-09 January 26, 2010 Bone, Stratton- Representative Tennessee Real Estate Commission Education Course Approval
10-10 January 27, 2010 Dean, Vince- Representative Constitutionality of criminal penalties for unauthorized sale, possession and use of fireworks
10-11 January 28, 2010 Campfield, Stacey- Representative Constitutionality of Restriction on Fund-Raising Activities of Incumbent Legislators
10-12 January 28, 2010 Hackworth, Jim- Representative Ability of Municipalities to Charge a Fee for Building Permits for Agricultural Land
10-13 February 2, 2010 Eldridge, Jimmy- Representative WITHDRAWN
10-14 February 16, 2010 Dean, Vince- Representative Vendors' Contractual Rights Under the State and Federal Constitutions
10-15 February 17, 2010 Bass, Eddie- Representative Prohibition of Multiple Adult-Oriented Establishments in the Same Building or Structure
10-16 February 17, 2010 Bass, Eddie- Representative Appointments to County Adult-Oriented Establishment Board
10-17 February 19, 2010 Shipley, Tony- Representative Traffic Cameras
10-18 February 19, 2010 Brandon, Roger E.- Judge Authority of Judge Exercising General Sessions Court Jurisdiction to Expunge Defendant's Criminal Record
10-19 February 23, 2010 Brooks, Harry- Representative Local Community Groups as Nonprofit Organizations Under Tenn. Code Ann. § 5-9-109
10-20 February 23, 2010 Wohlford, Paul R.- Judge Juvenile Court's Authority to Release Delinquent Child from DCS Custody
10-21 February 24, 2010 West, Ben- Representative WITHDRAWN
10-22 March 1, 2010 Lynn, Susan- Representative Rules Implementing the Tamper-Resistant Prescription Act
10-23 March 1, 2010 Brooks, Harry- Representative Corporate Criminal Responsibility under Tennessee Code Annotated section 39-16-602(c)
10-24 March 1, 2010 McNally, Randy- Senator Separation of powers with regards to the regulation of the practice of law
10-25 March 5, 2010 Phillips, Herbert E.- TN Real Estate Commission Whether an 'Evaluation" of Real Property Constitutes an "Appraisal" and an "Appraisal Report"
10-26 March 8, 2010 Gresham, Delores- Senator Vacancies on Local Boards of Education
10-27 March 8, 2010 Casada, Glen- Representative Fees and Regulations for Construction of Schools in Special School Districts
10-28 March 8, 2010 Bell, Mike- Representative Law Enforcement Officers Employed by Judicial District Task Forces
10-29 March 10, 2010 Faulkner, Chad- Representative Deputy Sheriff as Candidate for Political Office
10-30 March 11, 2010 Casada, Glen - Representative Constitutionality of Tenn. Code Ann. § 2-19-132
10-31 March 11, 2010 Miller, Larry - Representative Exceptions for Citations Under Tenn. Code Ann. § 40-7-118
10-32 March 11, 2010 Burks, Charlotte - Senator Standards for Nursing Services in Residential Hospices
10-33 March 15, 2010 Harrison, Michael- Representative Private Act Authorizing Hancock County to Operate Home Health Agency Outside County
10-34 March 16, 2010 Dean, Vince- Representative Establishment of New Specialty Earmarked License Plate Recognizing Catholic Charities
10-35 March 18, 2010 Fishburn, Mark J.- Judge Performance Audit of the State Trial Courts for the 20th Judicial District
10-36 March 23, 2010 Shaw, Johnny W.- Representative Requiring Local Education Agencies to Pay Portion of Health Insurance Costs from BEP Funds
10-37 March 24, 2010 Stewart, Mike- Representative City or County Mayor Running for State Legislature
10-38 March 25, 2010 Lynn, Susan- Representative Rules of Board of Court Reporting
10-39 March 30, 2010 Yokley, Eddie- Representative Filing of Disclosure Statements by Corporations For Independent Expenditures
10-40 March 30, 2010 Watson, Eric- Representative Constitutionality of Proposed Amendment to H.B. 2726 Under Article II, Section 17
10-41 April 1, 2010 Henry, Douglas- Senator Funding Unemployment Benefits Claims
10-42 April 6, 2010

Curtiss, Charles- Representative

Naifeh, Jimmy- Speaker Emeritus

Constitutionality of Constitutional Amendment Endorsing Free Enterprise
10-43 April 6, 2010

Curtiss, Charles- Representative

Fincher, Henry- Representative

Naifeh, Jimmy- Speaker Emeritus

Validity of SB 3498/HB3433 and HJR 745 relative to health care
10-44 April 6, 2010 Marrero, Beverly- Senator Assessment of Civil Penalty for Violation of Order of Protection
10-45 April 9, 2010 Nixon, Gary L.- Executive Director of State Board of Education Execution of Charter School Agreements
10-46 April 12, 2010 Brooks, Harry- Representative School Board Member Conflicts of Interest
10-47 April 12, 2010

Curtiss, Charles- Representative

Fincher, Henry- Representative

Naifeh, Jimmy- Speaker Emeritus

Constitutional validity of HB 2622/SB2560 relative to health care coverage
10-48 April 12, 2010 Jones, Ulysses Jr.- Representative Extent of Municipal Police Authority Beyond Municipal Limits
10-49 April 14, 2010 Fitzhugh, Craig- Representative Applicability of Notification Provisions of Tenn. Code Ann. § 48-68-203 to Subsidiary Mergers
10-50 April 14, 2010 Floyd, Richard- Representative Application of Zoning to Sport Shooting Ranges under Tenn. Code Ann. § 39-17-316(c)
10-51 April 15, 2010 Jones, Ulysses Jr.- Representative Voting under Charter Government Unification Act and Metropolitan Government Act
10-52 April 15, 2010 Stewart, Eric- Senator Establishment of New Specialty Earmarked License Plate Asserting that "Jesus is Lord"
10-53 April 19, 2010 West, Ben Jr.- Representative Ordinance Imposing Fine Greater Than $50.00 on Large Motor Vehicles in Residential Areas
10-54 April 19, 2010 Marrero, Beverly- Senator Coverage of Abortion Services
10-55 April 23, 2010 Bellar, Jack O. Four Lake Regional Industrial Development Authority: Appointing Executive Director
10-56 April 26, 2010 Gayden, Hamilton V., Jr.- Judge Patient's Right to Privacy
10-57 April 28, 2010 Fitzhugh, Craig- Representative Disclosure of Information Reported to the TN Stroke Database
10-58 April 28, 2010 Lollar, Ron- Representative County Commission's Role in Funding Special School Districts
10-59 April 29, 2010 Jones, Ulysses, Jr.- Representative Conversion of the Shelby County School Board into a Special School District
10-60 April 29, 2010 Watson, Bo- Senator Media Credential Policies Adopted by State Universities
10-61 May 4, 2010 Camper, Karen- Representative Separation of Powers: Pretrial Diversion Legislation (HB3283)
10-62 May 5, 2010

Faulk, Mike- Senator

Haynes, Joe- Senator

Constitutionality of Amendment to Grandparent Visitation Statute
10-63 May 5, 2010 Camper, Karen- Representative Comptroller's Service on Proposed State Procurement Commission
10-64 May 7, 2010 Watson, Eric- Representative Compensation for Interpreters for Indigent Criminal Defendants
10-65 May 10, 2010 Favors, JoAnne- Representative Medication Aides Certified
10-66 May 12, 2010 Jackson, Doug- Senator Constitutionality of requiring proof of citizenship when registering to vote
10-67 May 17, 2010 Watson, Bo- Senator Submission by Private Entities of Lists for Appointments to State Boards and Agencies
10-68 May 17, 2010 Black, Diane- Senator Burden of proof related to sexual offenders residing with minors
10-69 May 20, 2010 Black, Diane- Senator Constitutionality of including a non-viable fetus as a victim of certain crimes
10-70 May 21, 2010 Gibbons, William- District Attorney General Law Enforcement Access to Information
10-71 May 21, 2010 Fyke, James H.- Commissioner Greenbelt Rollback Tax Liability on Land Converted to Exempt Status
10-72 May 21, 2010 Harmon, Bill- Representative Amending Transportation Act with Restrictive Caption
10-73 May 21, 2010 Ketron, Bill- Senator Tennessee Education Lottery Corporation: Contract Amendments
10-74 May 24, 2010 Gilmore, Brenda- Representative Constitutionality of Felon Voting Restoration Bill
10-75 May 27, 2010 McNally, Randy- Senator Constitutionality of Reducing Compensation of Appointed Counsel for Criminal Defendants
10-76 May 28, 2010 Newman, Leslie A.- Commissioner Locksmith Licensing Act of 2006
10-77 June 1, 2010 Taylor, James F.- Judge Appointment of Court Officer Authorized to Carry Weapon in Courtrooms
10-78 June 2, 2010 Kyle, Sara- Tennessee Regulatory Authority Chairman Federal Preemption of Proposed Amendment Related to Eligible Telecommunications Carriers
10-79 June 3, 2010

Borchert, Willie "Butch"- Representative

Farr, Reagan- Commissioner

Distribution of Tennessee Valley Authority Payments in Lieu of Taxes
10-80 June 4, 2010 Gibson, Tiffany- Judge General Sessions Court of Jackson County
10-81 June 8, 2010 Brown, Tommie F.- Representative Constitutionality of sex offender residency restriction pertaining to student residence facilities
10-82 June 11, 2010 Gibbons, William L.- District Attorney Pirated and Bootlegged Movies and Music
10-83 June 21, 2010 Niceley, Frank- Representative Authority of County Mayor to Block Soil Conservation District Board's Appointment to Coordinating Committee
10-84 June 23, 2010 Faulk, Mike- Senator Mandatory Retirement Provisions for Revenue Regulatory Agents
10-85 July 6, 2010 Johnson, Phillip- Representative Contracts for home stabilization following damage from vertical settlement
10-86 July 13, 2010 Fyke, James- Commissioner The State's Sovereign Immunity From Local Air Pollution Control Requirements
10-87 July 20, 2010 Matlock, Jimmy- Representative Failure of County School Board Members to Attend Annual Training
10-88 July 28, 2010 Brooks, Harry- Representative Vacancy on County Board of Education
10-89 July 29, 2010 McNally, Randy- Senator Ability of a Person Possessing Limited Communication Skills to Execute a Power of Attorney
10-90 August 2, 2010 Collins, Grover- Real Estate Commission Real Estate Licensing Requirements for Non-Tennessee Residents
10-91 August 9, 2010 Kyle, Jim- Senator Jurisdiction Over Parentage Actions in Shelby County
10-92 August 17, 2010 Dennis, Vance- Representative Hours for the Sale of Beer in a Municipality Located Within a Tennessee River Resort District
10-93 August 24, 2010 Fitzhugh, Craig- Representative Seller-financing under the Tennessee Residential Lending, Brokerage and Servicing Act
10-94 August 27, 2010 Eldridge, Jimmy- Representative Local Employee Running for Elective Office
10-95 August 27, 2010 Hardaway, G.A.- Representative Retroactive Effect of Amendment to Sheriff's Civil Service Law
10-96 September 9, 2010 Nixon, Gary L.- Exec. Dir. of TN State Board of Ed School Fees
10-97 September 13, 2010 Coleman, Kent- Representative Notarization of Spouse's Signature
10-98 September 15, 2010 Bass, Eddie- Representative Implementation of Beer Permit Distance Requirement
10-99 September 17, 2010

Ketron, Bill - Senator

Tracy, Jim - Senator

Validity of Actions Taken by Board of Regents Where Board Was Improperly Composed
10-100 September 27, 2010 Haynes, Joe M.- Senator Payment of Garnishment Costs
10-101 October 1, 2010 Jones, Sherry- Representative DCS Authority to Reverse Child Protection Team Determination of Sexual Abuse
10-102 October 1, 2010

Ketron, Bill- Senator

Tracy, Jim- Senator

Hunting on Private Property
10-103 October 4, 2010 Maddox, Mark- Representative Drug Testing Fees
10-104 October 12, 2010 White, Mark- Representative Metropolitan Government Charter: Expansion of Urban Services District
10-105 October 15, 2010 Fellman, Ted- Exec. Dir. of TN Housing Development Agency Preemption of HUD regulations by the Administrative Procedures Act
10-106 October 27, 2010 Rich, Barrett- Representative Relationship Between Social Security Disability Claims and Unemployment Insurance Benefits
10-107 October 28, 2010 Cook, Bratten Hale- Judge POST Certification of Bailiffs and Court Officers
10-108 October 28, 2010 Rich, Barrett- Representative Zoning Appeals by County Legislative Body under Tenn. Code Ann. § 13-7-108
10-109 October 29, 2010 Norris, Mark- Senator Annexation under Metropolitan Form of Government
10-110 November 3, 2010 Richardson, Jeanne- Representative Fetuses as Victims of Criminal Offenses
10-111 November 3, 2010 Jones, Ulysses Jr.- Representative Off- Duty Law Enforcement Officer Carrying Weapon to County School Board Meeting
10-112 November 8, 2010 Ash, Don R.- Judge Impairment of Judicial Compensation
10-113 November 18, 2010 Faulk, Mike- Senator Prohibiting the Sale of Beer Through Drive-Up Windows
10-114 November 24, 2010 Marrero, Beverly- Senator Timeliness of Notification of Conflicts of Interest by Persons Taking Depositions
10-115 December 6, 2010 Overbey, Doug- Senator Compensation Expense Ratio under Tenn. Code Ann. § 56-22-120
10-116 December 21, 2010 Southerland, Steve- Senator Effect of Tenn. Code Ann. § 24-7-124 (Supp. 2010) on admissibility of photographs generated by automated speed detection devices
10-117 December 21, 2010 Gwyn, Mark- TBI Director Duty to Destroy DNA Samples and Records of Samples
10-118 December 23, 2010 Haynes, Ryan- Representative Amendment of Private Act by Charter County
10-119 December 28, 2010 Matheny, Judd- Representative Contract Between County-wide Fire Department and Nonprofit Fire Service
10-120 December 30, 2010 Johnson, G. Richard- Chancellor Sheriff's Disregard of Chancery Court Order
10-121 December 30, 2010 Ramsey, Ron- Lt. Gov. Constitutionality of Captions under Article II, Section 17, of the Tennessee Constitution
10-122 December 30, 2010 Ramsey, Ron- Lt. Gov. Constitutionality of Captions under Article II, Section 17, of the Tennessee Constitution
10-123 December 30, 2010 Weaver, Terri Lynn- Representative Use of Restraint During Evaluation of Mentally Ill Patient
10-124 December 30, 2010 Gibbons, William L.- District Attorney General Juvenile Court Official's Providing Copies of Civil Petitions Alleging Child Abuse to District Attorneys General
10-125 December 30, 2010 Hamilton, Jim T.- Judge Authority of Jury Coordinator to Select Prospective Jurors to Serve on Jury Panels
10-126 December 30, 2010 McCormick, Gerald- Representative Open Meetings Act and Appointments by County Legislative Body

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