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: March 18, 2005
Volume 11 — Number 052
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.
02 New Opinion(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
01 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


STATE OF TENNESSEE v. WILLIAM TIMOTHY CARTER, ET AL.

Court:TSC

Attorneys:                          

Benjamin S. Dempsey, Huntingdon, Tennessee, for the Appellants,
William Timothy Carter and Virginia Darlean Carter.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore,
Solicitor General; Mark A. Fulks, Assistant Attorney General; G.
Robert Radford, District Attorney General; and Eleanor Cahill,
Assistant District Attorney General, for the appellee, State of
Tennessee.

Judge: HOLDER

First Paragraph:

We granted this appeal to determine whether evidence seized from the
defendants' residence pursuant to a search warrant should be
suppressed.  Sheriff's deputies entered the defendants' residence
without a warrant based upon an informant's tip and the deputies'
recognition of the smell of anhydrous ammonia and ether.  The deputies
then detained the defendants while a warrant was obtained.  We
conclude that the deputies' warrantless entry into the defendants'
residence was unlawful.  However, the unlawful entry and any
illegality in the subsequent detention did not taint the evidence
seized pursuant to the search warrant, and the affidavit supporting
the issuance of the warrant sufficiently established probable cause. 
Therefore, we affirm the judgment of the Court of Criminal Appeals and
remand the case to the trial court for further proceedings consistent
with this opinion.

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

TENNESSEE WASTE MOVERS, INC. v. LOUDON COUNTY, ET AL.

Court:TSC

Attorneys:                          

Jennifer Lynn Brundige, Michael D. Pearigen, and William Harris
Farmer, Nashville, Tennessee, for the Appellant-Petitioner, Tennessee
Waste Movers, Inc.

John C. Burgin, Jr., and Edwin Hope Rayson, Knoxville, Tennessee, and
Harvey L. Sproul, Lenoir City, Tennessee, for the
Appellee-Respondents, Loudon County, Tennessee and Loudon County
Commission.

Judge: HOLDER

First Paragraph:

We granted review in this case to determine the proper standard of
review required by Tennessee Code Annotated section 68-211-704(c)
(1996).  We hold that the de novo review required by Tennessee Code
Annotated section 68-211-704(c) requires the trial court to conduct an
independent evaluation of all of the evidence before it.  We overrule
Tucker v. Humphreys County, 944 S.W.2d 613 (Tenn. Ct. App. 1996), upon
which the Court of Appeals relied, and reverse the judgment of the
Court of Appeals.  We remand this case to the chancery court for a
review of the county commission's findings using the proper de novo
standard as required by Tennessee Code Annotated section 68-211-704(c)
and this decision.

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

DREXEL WAYNE LONG, ET AL. v. MID-TENNESSEE FORD TRUCK SALES, INC., ET
AL.

Court:TSC - Workers Comp Panel

Attorneys:                          

Scott Daniel and Melanie S. Lepp, Murfreesboro, Tennessee, for the
Appellant, Drexel Wayne Long.

Richard E. Spicer and Christian M. Garstin, Nashville, Tennessee, for
the Appellees, Mid-Tennessee Ford Truck Sales, Inc., and Travelers
Insurance Company.

Judge: ANDERSON

First Paragraph:

We granted review in this workers' compensation case to determine
whether "nursing services," as used in Tennessee Code Annotated
section 50-6-204(a) (1999), includes care provided by an injured
employee's spouse where the spouse is a certified nurse technician. 
After reviewing the record and applicable authority, we conclude that
care provided by a certified nurse technician is compensable under the
Workers' Compensation Law irrespective of the relationship between the
caregiver and the employee.  We further hold that the care here was
reasonably necessary and was provided pursuant to what the employee
understood to be the physician's orders.  Accordingly, we reverse the
findings of fact and conclusions of law of the Special Workers'
Compensation Appeals Panel as to this issue and remand to the trial
court for a determination of the value of the nursing services
rendered by Mrs. Long.  We affirm as to the other issues raised by the
appellant employee.

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

HERMAN TAYLOR v. STATE OF TENNESSEE

Court:TCA

Attorneys:                          

G. Kline Preston, IV, Nashville, Tennessee, for the appellant, Herman
B. Taylor.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; S. Elizabeth Martin, Sr. Counsel; and  William J.
Marett, Jr., for the third-party appellants, State of Tennessee and
The Board of Regents.

Brett A. Oeser, Nashville, Tennessee, for the appellee, North American
Specialty Insurance Company

Judge: CAIN

First Paragraph:

This is an action for breach of contract filed by Plaintiff/Contractor
against the State,  together with a Counterclaim and a Third-Party
Complaint against the surety company for Plaintiff/Contractor.  The
trial court granted partial summary judgment to Plaintiff as to
liability because the State had failed to comply with the requirements
of Tennessee Rule of Civil Procedure 56 in answering Plaintiff's
Motion for Summary Judgment.  After much procedural combat, the trial
court adhered to its ruling on the Motion for Summary Judgment,
dismissed the Third-Party Complaint against the surety and the
Counterclaim of the State against Plaintiff, held that Plaintiff had
failed to prove any damages against the State, and sustained the
Motion of the State for an involuntary dismissal of  Plaintiff's
entire claim, taxing the costs to Plaintiff.  We find that the trial
court erred in granting summary judgment to Plaintiff as to liability
without considering documentation and evidence submitted by the State
subsequent to the initial non-final order granting partial summary
judgment as to liability.  It follows that the court also erred in
dismissing the Counterclaim and the Third-Party Complaint against the
surety.  The grant of partial summary judgment as to liability is
reversed, and the case is remanded to the trial court for trial on the
merits.

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

STATE OF TENNESSEE v. AARON EDWIN AYTES

Court:TCCA

Attorneys:                          

Paul G. Summers, Attorney General & Reporter; Brent C. Cherry,
Assistant Attorney General; William E. Gibson, District Attorney
General; and John Moore, Assistant District Attorney General, for the
Appellant, State of Tennessee.

David N. Brady, District Public Defender; and Cynthia S. Lyons and
John B. Nisbet, III, Assistant District Public Defenders, for the
Appellee, Aaron Edwin Aytes.

Judge: WITT

First Paragraph:

This is a state appeal from the Cumberland County Criminal Court's
suppression of a handgun seized pursuant to a warrantless search of
the defendant's vehicle.  Because a "good faith" exception to the
exclusionary rule has not been adopted as a facet of the state
constitution, we affirm.

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

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