8th Annual Labor & Employment Law Forum
April 7 - Nashville

The traditional CLE format will be pushed beyond the norm with a pair
of intriguing and informative panels. These panels will offer labor
and employment practitioners an invaluable opportunity to gain insight
that will directly and immediately improved their practice
Additionally, the forum will include an update on the new developments
at the National Labor Relations Board and recent case law involving
EEO issues.

Today's Opinions: February 11, 2005
Volume 11 — Number 028
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 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
07 New Opinion(s) from the Tennessee Court of Appeals
01 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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


JOHN D. COOKE III v. TENNESSEE DEPARTMENT OF CORRECTION, ET AL.

Court:TCA

Attorneys:                          

John D. Cooke III, pro se.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore,
Solicitor General; Arthur Crownover II, Senior Counsel, for the
appellee, Tennessee Department of Correction, West Tennessee State
Penitentiary, and West Tennessee State Penitentiary - Site II -
Disciplinary Board.

Judge: INMAN

First Paragraph:

The plaintiff sought a common law writ of certiorari to review the
action of a prison disciplinary board.  The Circuit Court held that
the correction of the Board's decision was not subject to judicial
review.  We affirm.

http://www.tba.org/tba_files/TCA/cookejohndiii.wpd

ISAAC HALL v. SHIRLEY A. HALL

Court:TCA

Attorneys:                          

Brenda S. Bramlett, Shelbyville, Tennessee, for the plaintiff, Isaac
Hall.

John W. Rodgers, Murfreesboro, Tennessee, for the defendant, Shirley A
Hall.

Judge: INMAN

First Paragraph:

The plaintiff left the defendant's residence through her kitchen which
opened into a carport, three steps lower.  The defendant had left a
pair of shoes on the steps which the plaintiff did not see owing to
darkness because he failed to turn on the light.  The undisputed
evidence reveals evidence of negligence on the part of each party, but
under McIntyre, the negligence of each should be compared.  Summary
judgment for the defendant is reversed.

http://www.tba.org/tba_files/TCA/hallisaac.wpd

KEVIN ALLEN KYLE v. MARY LOU CLIMER KYLE

Court:TCA

Attorneys:                          

Michael B. McWherter of Jackson for Appellant, Mary Lou Climer Kyle

Mary Jo Middlebrooks and Betty Stafford Scott of Jackson for Appellee,
Kevin Allen Kyle

Judge: CRAWFORD

First Paragraph:

Wife appeals from trial court's division of marital property and award
of alimony in divorce proceeding. Wife contends the trial court made
numerous errors in the classification and division of various assets
and in the alimony award.  Husband contends that the trial court did
not err in its division of marital property, contends that Wife can be
rehabilitated, and seeks an award of rehabilitative alimony to
terminate at a specific date. Husband further contends that trial
court erred in awarding attorney's fees to Wife, and Husband seeks
attorney's fees and costs related to defending this appeal. We affirm
in part, reverse in part, modify in part and remand.

http://www.tba.org/tba_files/TCA/kylekevina.wpd

IN RE L.C.B. 

Court:TCA

Attorneys:                          

Jennifer Davis Roberts, Dickson, Tennessee, for the appellants, R.D.
and P.D..

David D. Wolfe, Dickson, Tennessee, for the appellee, M.B.

Judge: CAIN

First Paragraph:

M.B. and P.B. were husband and wife with four children born during the
marriage.  L.C.B., the fourth of these children, was born in 1997,
nine years after M.B. had undergone a vasectomy.  P.B. had engaged in
an extramarital affair with R.D. and subsequent to the divorce of M.B.
and P.B., the relationship between R.D. and P.B. ripened into marriage
with P.B. becoming P.D.  In the case at bar, R.D. and P.D. sued to
establish R.D. as the biological father of L.C.B. and to terminate the
parental rights of M.B.  An answer and counterclaim was filed by M.B.
denying the allegations of the complaint and seeking to terminate the
parental rights of R.D.  Holding that the claim of R.D. was barred by
laches, the trial court dismissed the complaint.  We hold that the
complaint of R.D. is not barred by laches but affirm the action of the
trial court

http://www.tba.org/tba_files/TCA/lcb.wpd

DANNY RAY MEEKS v. CHARLES TRAUGHBER, ET AL.

Court:TCA

Attorneys:                          

Danny R. Meeks,  pro se.

Paul G. Summer, Attorney General and Reporter; Michael E.. Moore,
Solicitor General; Mark A. Hudson, Senior Counsel, for appellees,
Charles Traughber, et. al.

Judge: INMAN

First Paragraph:

The appellant claims, inter alia, that the Board of Parole, as
constituted in 2002 not only denied him parole, but unconstitutionally
ordered no further review for fifteen (15) years.  The policy of Board
was later changed.  We affirm, as modified.

http://www.tba.org/tba_files/TCA/meeksdannyr.wpd

IN RE:   R. D. F. and D. L. F.

Court:TCA

Attorneys:                          

Clark Lee Shaw, Nashville, Tennessee, for appellant, Neil Flit.

Frank M. Fly and Aaron S. Guin, Murfreesboro, Tennessee, attorneys for
appellee, Sherryl Fallon.

Judge: INMAN

First Paragraph:

The attorney for the petitioner was held in contempt for failing to
appear as ordered and failing to advise the Juvenile Court of a
Chancery action.  We hold the evidence does not support a finding of
criminal contempt.

http://www.tba.org/tba_files/TCA/rdfdlf.wpd

TAMMY SEARLE (f/k/a/TAMMY MORETTI) v. JUVENILE COURT FOR WILLIAMSON
COUNTY

Court:TCA

Attorneys:                          

John E. Herbison, Nashville, Tennessee, attorney for appellant, Tammy
Searle, f/k/a Tammy Moretti.

Lisa M. Carson, Franklin, Tennessee, attorney for appellee, Juvenile
Court for Williamson County.

Judge: INMAN

First Paragraph:

The petitioner was convicted of criminal contempt of the Juvenile
Court of Williamson County, and sentenced to 590 days for 59
comtempts.  She fled the State and apparently is a resident of
California.  A direct appeal was rejected because of her fugitive
status.  She now seeks a Writ of Habeas Corpus, on the theory that the
conviction and sentence are void.  She remains a fugitive and the
court dismisses her petition on appeal.

http://www.tba.org/tba_files/TCA/searletammy.wpd

STATE OF TENNESSEE v. JESSICA TROTTER-LAWSON and ANDREW SHERIFF

Court:TCCA

Attorneys:                          

Brent B. Stein, Memphis, Tennessee for the appellant, Jessica
Trotter-Lawson, and Garland Erguden, Assistant Public Defender,
Memphis, Tennessee, for the appellant, Andrew Sheriff.

Paul G. Summers, Attorney General & Reporter; Rachel E. Willis,
Assistant Attorney General; William L. Gibbons, District Attorney
General, and Chris Scruggs, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The appellants, Jessica Trotter-Lawson and Andrew Sheriff, pled guilty
to theft of property over sixty thousand dollars.  As a result of the
plea agreement, each appellant received an eight-year sentence.  Both
appellants applied to the trial court for alternative sentencing. 
After an evidentiary hearing, the trial court denied alternative
sentencing and ordered the appellants to serve the entire sentence in
incarceration.  Both appellants filed timely notices of appeal,
challenging the trial court's denial of alternative sentencing.  After
a review, we determine that a sentence of split confinement would best
serve the interests of the public and the appellants.  Accordingly,
the judgments of the trial court are reversed and remanded for entry
of sentences of split confinement reflecting a period of twelve months
of incarceration in the Tennessee Department of Correction with the
remainder of the eight-year sentence to be served on supervised
probation.

http://www.tba.org/tba_files/TCCA/lawsonjessicat.wpd

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