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1988 Tennessee Attorney General Reports and Opinions 1 (1988)

handle is hein.sag/sagtn0075 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE
Published by Authority of Chapter 276
Public Acts of 1971
May 1988
88-98       ALCOHOL: It would violate the constitutional
prohibition against double jeopardy to retry a
defendant on a second-degree murder count when he
is indicted for this and vehicular homicide based
on the same incident, involving a single death,
and the jury convicts him of vehicular homicide,
but a mistrial is declared on the second-degree
murder count. U.S. Const. amend V; T.C.A.
SS39-2-21, -231.
88-103      ANINALS: Fines collected for violations relating
to cockfighting should be paid over to such
society making application for those funds as
they should inure to such society in aid of the
purpose for which it was incorporated. T.C.A.
SS5-8-401, -402, -403, 18-1-108, 18-2-102,
39-3-105, -111, -115.
88-100      ATTORNEYS: Statute provides for the appointment
of only one attorney each year to collect all
delinquent taxes shown on the delinquent lists
prepared for that year regardless of whether the
county has two Register of Deed offices. T.C.A.
SS67-5-2402, -2404, -2410.
88-105      ATTORNEYS: A legislator/attorney or member of
his firm may receive attorneys fee awards from
the Criminal Injuries Compensation Fund, Defense
Counsel Commission, Civil Service Commission, and
from the State in federal civil rights actions
and other similar actions without violating the
conflict of interest statute. Neither a
legislator/attorney nor a member of his firm may
contract with the state to provide legal
services; however, contracts with the state which
predate the legislator/attorney's becoming a
state official need not be relinquished. 42
U.S.C. S1988; T.C.A. S-6-106, 8-42-103,
9-6-118, 12-4-101, 29-13-112, -116, 40-24-107,
40-28-201.