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1995 Tennessee Attorney General Reports and Opinions 1 (1995)

handle is hein.sag/sagtn0146 and id is 1 raw text is: ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 November, 1995 95-116 BAD CHECKS: If a payee accepts a check which is not post-dated, agreeing to hold the check for 10 days before presenting it to the bank for payment, and if the check is dishonored after the 10 day period because of insufficient funds in the account the drawer may successfully assert the statutory defense set out in T.C.A. §39-14-121(a)(3) in that the payee had sufficient reason to believe there were insufficient finds on deposit to ensure payment of the check. The answer to the above question remains the same if the check was drawn on a closed account. T.C.A. §39-14-101-104,§39-14-121, §47-3-104. 95-110 DISTRICT PUBLIC DEFENDERS: The Executive Secretary of the Tennessee District Public Defenders Conference may certify a level of compensation for an assistant district public defender or district investigator that is based on an award of prior service credits only if the district public defender recommends and the Executive Committee of the District Public Defenders Conference approves them. Once prior service credit is so approved, the Executive Secretary of the Conference is required to certify a level of compensation based on the award. Prior service credit is computed based on the individual's prior employment in certain capacities listed in !he statutes. The decision whether to recommend an award of prior service credits is within the discretion of the District Public Defender, subject to approval by the Executive Committee of the District Public Defenders Conference. Once a recommended award is so approved, the award becomes mandatory. T.C.A. §6-14-207, §8-7-227. §8-7-231. 95-117 DUI: 1995 Tenn. Pub. Acts ch. 517, which makes .10% blood alcohol content conclusive proof' of a defendant's guilt of the offense of DUI is not constitutional. By making evidence of a certain level of blood alcohol content conclusive proof' of an element of the offense of DUI, namely that the defendant was in fact operating a vehicle under the influence of an intoxicant, Public Chapter 517 unconstitutionally relieves the State of its burden of proving every fact necessary for conviction beyond a reasonable doubt in violation of the Due Process Clause of the Fourteenth Amendment of the United States Constitution. T.C.A. §55-10-401, §55-10-408. 95-115 EDUCATION:Superintendent of Schools: A County School Superintendent may not refuse the compensation ordered by the State Board of Education.

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