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 18, 2005
Volume 11 — Number 033
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.
01 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
06 New Opinion(s) from the Tennessee Court of Appeals
03 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


CAROLYN CURTIS v. G. E. CAPITAL MODULAR SPACE, ET AL.

Court:TSC

Attorneys:                          

Richard M. Currie, Jr., Kingsport, Tennessee,  for the
defendant/petitioner, Bennett Truck Transport, Inc.

Mark S. Stapleton, Rogersville, Tennessee, and W. Lewis Jenkins, Jr.,
Dyersburg, Tennessee, for the plaintiff/respondent, Carolyn Curtis.

J. Randolph Bibb, Jr., Nashville, Tennessee, for the
defendant/respondent G. E. Capital Modular Space.

Judge: BARKER

First Paragraph:

Pursuant to Rule 23 of the Supreme Court of Tennessee,  this Court
accepted certification of the following two questions from the United
States District Court for the Eastern District of Tennessee, at
Greeneville: (1) In an action instituted against an employer for
workers' compensation benefits and in which the employer files an
answer or amended answer naming a third party as having caused all or
a part of the plaintiff's injuries, does Tennessee Code Annotated
section 20-1-119 extend the limitation period and allow the filing of
an amended complaint against the third party named by the employer
and/or other persons named as tortfeasors(s) by the third party in its
answer? In the event the first question is answered in the
affirmative, then the second question is posed: (2)  In Tennessee Code
Annotated section 20-1-119(a), does the term "applicable statute of
limitations" appearing in the phrase "or named in an amended complaint
filed within the applicable statute of limitations" refer to the one
year limitation period for personal injury only or to the limitation
period as extended by the ninety-day "window" provided by Tennessee
Code Annotated section 20-1-119(a)? As to the first question, we
answer in the negative.  We hold that because Tennessee Code Annotated
section 20-1-119 applies only to cases in which comparative fault is
or becomes an issue, and because workers' compensation benefits are
awarded without regard to fault, section 20-1-119 may not be invoked
as authority to amend a complaint in a workers' compensation action to
include a claim against a third party tortfeasor that would otherwise
be time-barred.  Because our answer to this first question renders the
second question moot, we do not address it at this time.


http://www.tba.org/tba_files/TSC/curtiscarolyn.wpd

JAMES IRVIN COLE v. DEBORAH CONLEY COLE

Court:TCA

Attorneys:                          

Clifford M. Cole of Germantown for Appellant, James I. Cole

William L. Bomar of Memphis for Appellee, Deborah Conley Cole

Judge: CRAWFORD

First Paragraph:

In post-divorce proceedings, Husband/Appellant sought modification of
his support obligation to Wife/Appellee.  Divorce Referee found no
change in circumstances on which to base a modification.  The trial
court affirmed the Referee's findings.  Husband/Appellant appeals.  We
affirm.

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

IN RE:  N.E.C., MEREDITH CRAFT v. JUVENILE COURT OF SHELBY COUNTY,
TENNESSEE, ET AL.

Court:TCA

Attorneys:                          

Robert S. Weiss of Memphis for Appellant, Nancy Polk

Virginia M. Alexander for Appellee, In Re:  N.E.C., Meredith Craft

Judge: CRAWFORD

First Paragraph:

The juvenile court and custodial party in a dependency and neglect
proceeding were granted a Rule 10 application for extraordinary appeal
from the chancery court's order staying and restraining proceedings of
dependency and neglect in the juvenile court.  We reverse the order of
the chancery court.

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

IN THE MATTER OF: THE ESTATE OF LUCILLE JOHNSON HILL, Deceased 

Court:TCA

Attorneys:                          

William T. Looney, Paris, Tennessee, for the appellant, Harvey A.
Stegall.

Richard L. Dunlap, III, Paris, Tennessee, for the appellee, Joseph
Hill, Sr.

Judge: FARMER

First Paragraph:

This case involves a surviving spouse's attempt to set aside a
financial transaction made by the decedent approximately one year
prior to the decedent's death.  The trial court voided the transfer
and awarded the proceeds to the surviving spouse, determining that the
transfer was fraudulent and intended to defeat the interest of the
surviving spouse.  For the reasons stated herein, we reverse.

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

LUCITE INTERNATIONAL, INC. v. PETER RUNCIMAN, PH.D.

Court:TCA

Attorneys:                          

Jeff Weintraub and Robbin Hutton of Memphis for Appellant, Lucite
International, Inc.

James L. Holt, Jr. for Appellee, Peter Runciman, Ph.D.

Judge: CRAWFORD

First Paragraph:

This case arises from the trial court's grant of Appellee's Tenn. R.
Civ. P. 12.02 Motion to Dismiss for lack of personal jurisdiction. 
Under the Tennessee long-arm statute and the relevant case law, we
find that the criteria for personal jurisdiction over Appellant are
met.  Consequently, we reverse and remand.

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

STATE OF TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES v. M. P., ET AL.
AND IN THE MATTER OF:  M. R.

Court:TCA

Attorneys:                          

Edwin John Mackie, Jr., and Martelia T. Goff Crawford, Cookeville,
Tennessee, for the appellants, M.P. and T.R.

Paul G. Summers, Attorney General and Reporter; and Juan G.
Villasenor, Assistant Attorney General, for the appellee, Tennessee
Department of Children's Services.

John Philip Parsons, Cookeville, Tennessee, guardian ad litem.

Judge: CLEMENT

First Paragraph:

Two cases that pertain to the same child are consolidated on appeal. 
The child was placed in custody of the Department of Children's
Services at the age of two and one-half years due to filthy conditions
at home, lack of supervision, exposure to pornography and drug
paraphernalia and parents drug use when both parents were arrested at
the family's home.  The Juvenile Court found the child to be dependent
and neglected and a victim of aggravated sexual battery.  Parents
appealed and received de novo trial in Circuit Court which separately
concluded the child was dependent, neglected and a victim of severe
child abuse and sexual battery.  In a separate action, DCS petitioned
the Juvenile Court to terminate both parents' parental rights.  DCS
investigator interviewed the mother while she was in custody on
unrelated charge and after the mother had been appointed counsel.  The
DCS investigator had not consulted with nor been encouraged by DCS
attorneys about questioning the mother.  After being released from
custody the mother was interviewed by detective.  After being advised
of her Miranda rights she signed a statement waiving the rights and
admitted that she and the father sexually abused the child.  The
mother had been apprised of her rights against self-incrimination, yet
she made a voluntary statement.  Thus, she waived her rights against
self-incrimination.  Juvenile Court terminated the rights of both
parents based on abandonment, persistent conditions, and severe child
abuse.  Both parents appeal.  We affirm.


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

WILLIAM ROSENBERG RICHARDS v. JOY WOOD RICHARDS

Court:TCA

Attorneys:                          

Robert A. Anderson, Nashville, Tennessee, for the appellant, William
Rosenberg Richards.

Helen Sfikas Rogers and Robin K. Barry, for the appellee, Joy Wood
Richards.

Judge: FARMER

First Paragraph:

This appeal involves a post-divorce petition for a reduction or
termination of alimony.  Following a bench trial, the trial court
ordered petitioner to continue paying $1,000 per month in alimony in
futuro to Wife and granted Wife's request for her attorney's fees and
court costs.  Wife's counter-petition for an increase in alimony was
denied.  Both parties appeal.  We affirm.

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

KAREN RENEE HOWELL v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Gary L. Anderson, Knoxville, Tennessee and Jason E. B. Smith,
Franklin, North Carolina, for the appellant, Karen Renee Howell.

Paul G. Summers, Attorney General and Reporter; Mark A. Fulks,
Assistant Attorney General; C. Berkeley Bell, District Attorney
General; and Eric D. Christianson, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant, Karen Renee Howell, pled guilty to three counts of
first degree felony murder, one count of attempted first degree
murder, two counts of especially aggravated kidnapping, two counts of
aggravated kidnapping, and one count of theft over $1,000.  After a
sentencing hearing, the trial court sentenced the Defendant to three
consecutive terms of life without the possibility of parole for the
murders, a consecutive term of twenty-five years for the attempted
murder, and a concurrent effective term of twenty-five years for the
remaining convictions.  The Defendant's convictions and sentences were
affirmed on direct appeal.  See State v. Howell, 34 S.W.3d 484 (Tenn.
Crim. App. 2000).  The Defendant subsequently filed for
post-conviction relief, alleging that her guilty pleas and sentencing
were marred by the ineffective assistance of counsel, and that her
guilty pleas were not entered voluntarily, intelligently and
knowingly.  After a hearing, the trial court denied relief.  This
direct appeal followed.  We affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. JOHN ALLAN LEZOTTE

Court:TCCA

Attorneys:                          

Robert M. Cohen, Maryville, Tennessee, for the appellant, John Allan
Lezotte.

Paul G. Summers, Attorney General and Reporter; Seth P. Kestner,
Assistant Attorney General; Chalmers Thompson, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The defendant, John Allan Lezotte, entered pleas of guilt to driving
under the influence and child endangerment, reserving the right to
appeal a certified question of law.  See Tenn. R. App. P. 3(b); Tenn.
R. Crim. P. 37(b)(2).  The single issue presented for review is
whether the trial court erred by denying the defendant's motion to
suppress.  The judgments are affirmed.

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

ANDRE MAYFIELD v. HOWARD CARLTON, Warden

Court:TCCA

Attorneys:                          

Andre Mayfield, Mountain City, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; and Joe Crumley, District Attorney
General, for the appellee, State of Tennessee

Judge: WELLES

First Paragraph:

The Defendant, Andre Mayfield, filed for a writ of habeas corpus,
seeking to invalidate several convictions he obtained in 1989.  The
State responded by filing a motion to dismiss.  The trial court
granted the State's motion and this appeal followed.  We affirm the
trial court's judgment.

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

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