TBA YLD Presents: Who's Your Client (And Other Ethical Dilemmas)
March 29 - Memphis
March 30 - Nashville
March 21 - Knoxville

This fast-paced, three-hour ethics CLE includes presentations on
conflicts of interest and other issues relating to the representation
of elderly clients and conflicts of interest and other issues relating
to the representation of both large corporations and small businesses,
including family-owned and other closely-held corporations and their
principals.
It will also include a one-hour segment dealing with ethics in
mediation, covering topics relating to both the mediator and the
parties in mediation. Finally, it will include a short segment on the
proposed changes to the disciplinary reporting requirements and the
fee dispute rules.

Today's Opinions: February 23, 2005
Volume 11 — Number 035
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
02 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
02 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


WILLIAM A. GLOVER v.  NATIONAL MEDICAL HOSPITAL OF WILSON COUNTY, INC.
d/b/a UNIVERSITY MEDICAL CENTER

Court:TSC - Workers Comp Panel

Attorneys:                          

Thomas J. Dement, II, Nashville, Tennessee, for the
defendant/appellant, National Medical Hospital of Wilson County, Inc.,
d/b/a University Medical Center.

Henry D. Fincher, Cookeville, Tennessee, for the plaintiff/appellee,
William A. Glover.

Judge: STOTTS

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with the Tennessee Code Annotated section 50-6-225(e)(3) for hearing
and reporting to the Supreme Court of the findings of fact and
conclusions of law.  The issues of this case are as follows:  (1)
whether the trial court erred in finding medical causation; and  (2)
whether the trial improperly denied employer's motion in limine to
exclude the testimony of George Barnard and Dr. David Bradley
Seitzinger.  We find no error and affirm the judgment of the trial
court.

http://www.tba.org/tba_files/TSC_WCP/gloverwilla.wpd

TERRY RUDDLE MAHONEY v. NATIONSBANK OF TENNESSEE, N.A.

Court:TSC - Workers Comp Panel

Attorneys:                          

Raymond J. Lepone and Robin H. Rasmussen, Memphis, Tennessee, for the
Appellant, NationsBank of Tennessee, N.A.

William M. Jeter, Memphis, Tennessee, for the Appellee, Terry Ruddle
Mahoney.

Judge: ANDERSON

First Paragraph:

We granted review in this workers' compensation case to determine
whether the trial court erred in awarding benefits against the
defendant employer where the employee was first injured and missed
work while employed by a previous employer.  After reviewing the
record and applicable authority, we conclude that the trial court
erred in awarding benefits against the defendant employer because the
preponderance of the evidence is that the employee's
gradually-occurring injury became compensable while working for the
prior employer and did not progress while working for the defendant
employer.  Accordingly, we reverse the trial court's judgment.

http://www.tba.org/tba_files/TSC_WCP/mahoneyterryr.wpd

JOHN EDWARD BELL, JR. v. VICKIE LEE BELL

Court:TCA

Attorneys:                          

Linda L. Holmes, Memphis, Tennessee, for the appellant, Vickie Lee
Bell.

Duke H. Brasfield, Covington, Tennessee, for the appellee, John Edward
Bell, Jr.

Judge: KIRBY

First Paragraph:

This is a child custody dispute.  The parties were married and had one
child.  When the child was approximately three years old, the father
filed a petition for divorce and was granted temporary custody.  A
year and a half later, the trial court granted the parties a divorce
by stipulation, but reserved the issue of permanent custody.  After a
hearing, the trial court granted the father primary residential
custody, with the child to reside with the mother three weekends out
of the month plus additional time.  The mother now appeals, arguing
that the trial court failed to engage in a comparative fitness
analysis and failed to consider evidence that the father had abused
the mother during their marriage.  After a careful review of the
record, we affirm.

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

GARY DEWAYNE FINN v. MARY LOUISE SUMMER BUNDY

Court:TCA

Attorneys:                          

M. Allen Ehmling, Gallatin, Tennessee, for the appellant, Mary Louise
Summer Bundy.

Clark Lee Shaw, for the appellee, Gary Dewayne Finn.

Judge: COTTRELL

First Paragraph:

This appeal involves enforcement of a divorce decree incorporating a
marital dissolution agreement and the obligation of a parent to
support a child beyond the child's majority in certain circumstances. 
The trial court determined that the former husband's alimony
obligation had terminated upon the payment of the entire amount of
alimony in solido created in the order and MDA.  The court also held
that the father had a continuing obligation to support his adult son
because the son was disabled.  We affirm both holdings.

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

STATE OF TENNESSEE v. GREG HARRIS

Court:TCCA

Attorneys:                          

Barbara W. Clark, Knoxville, Tennessee (on appeal), Greg Harris, Pro
Se (at trial), William B. Lawson, Erwin, Tennessee (advisory counsel
at trial), for the appellant, Greg Harris.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and Joseph Eugene Perrin, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

A Sullivan County Criminal Court jury convicted the defendant, Greg
Harris, of criminal conspiracy to sell or deliver more than 300 grams
of cocaine, a Class A felony; possession of more than 300 grams of
cocaine for resale within 1000 feet of a school, a Class A felony; and
two counts of possession of drug paraphernalia, a Class A misdemeanor.
 The trial court sentenced him as a Range I, standard offender to
consecutive sentences of twenty-five years for each felony conviction,
and concurrent sentences of eleven months, twenty-nine days for each
misdemeanor conviction, for an effective sentence of fifty years.  The
jury fined him a total of $1,005,000.  The defendant appeals, claiming
that (1) the trial court erred by denying his motion to suppress
evidence; (2) the evidence is insufficient to support his convictions;
(3) the trial court erred by admitting irrelevant evidence and
allowing prosecutorial misconduct without declaring a mistrial; (4)
the jury verdict lacked unanimity because the state failed to elect
either sale or delivery in count one of the indictment; (5) his right
to a fair trial was violated by the fact he lacked certain materials
necessary to prepare for trial, i.e., a map depicting the area
surrounding the location of his arrest, a transcript of the
suppression hearing, and a list of potential jurors; and (6) the trial
court erred by imposing excessive and consecutive sentences.  We
affirm the defendant's convictions.  However, we hold the record is
insufficient to justify the trial court's imposition of consecutive
sentences and, in light of the rule announced in Blakely v.
Washington, 542 U.S. __, 124 S. Ct. 2531 (2004), we modify the
defendant's sentences to twenty-four years for each felony conviction.

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

STATE OF TENNESSEE v. EDWARD E. KEATHLEY

Court:TCCA

Attorneys:                          

Michael G. Hatmaker, Jacksboro, Tennessee, for the appellant, Edward
E. Keathley.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; William Paul Phillips, District Attorney
General; and Scarlett W. Ellis, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: MCLIN

First Paragraph:

A jury convicted the defendant, Edward E. Keathley, of simple
possession of a Schedule II controlled substance and of possession of
drug paraphernalia, Class A misdemeanors.  Following a sentencing
hearing, the defendant was fined a total of $900.00 and sentenced to
eleven months and twenty-nine days for each offense.  The trial court
ordered the defendant to serve the sentences in concurrent split
confinement with ninety days in the county jail and the balance of the
sentence on probation.  On appeal, the defendant argues that the trial
court erred in denying alternative sentencing.  Based upon our review,
we affirm the decision of the trial court.

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

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