The ADA Act: The First 15 Years
May 19 - Tennessee Bar Center, Nashville

On July 26, 2005, we will celebrate the 15th Anniversary of the
signing of the Americans with Disabilities Act. This session will
cover the 1-2-3’s of the ADA as we look back on where we have come
from and envision where we are headed. The Course Offerings will
include substantive sessions in:
•Title I (Litigating Employment Discrimination cases in Tennessee)
•Title II (Panel discussion of Lane v.Tennessee from the front line
attorneys)
•Title III (Recent developments in Public Accommodation Accessibility
litigation from national experts, Fox & Robertson, P.C.)

This CLE is designed to be valuable to beginners and seasoned
practitioners alike, and will be followed by a reception for all
participants to meet the faculty and network.

Today's Opinions: April 27, 2005
Volume 11 — Number 079
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
03 New Opinion(s) from the Tennessee Court of Appeals
07 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. STEVEN RAY THACKER
WITH APPENDIX AND CONCURRING/DISSENTING OPINION

Court:TSC

Attorneys:                          

Charles S. Kelly, Sr., Charles S. Kelly, Jr., and Wayne Emmons,
Dyersburg, Tennessee, for the appellant, Steven Ray Thacker.

Paul G.Summers, Attorney General and Reporter; Michael E. Moore,
Solicitor General; Angele M. Gregory and Gill Robert Geldreich,
Assistant Attorneys General, for the appellee, State of Tennessee.

Judge: BARKER

First Paragraph:

A jury convicted the defendant, Steven Ray Thacker, of first degree
murder. Following a capital sentencing hearing, the jury found two
aggravating circumstances: (1) the murder was committed for the
purpose of avoiding, interfering with, or preventing a lawful arrest
or prosecution of the defendant; and (2) the murder was knowingly
committed by the defendant while the defendant had a substantial role
in committing, or was fleeing after having a substantial role in
committing, a first degree murder, rape, robbery, burglary, theft or
kidnapping. Tenn. Code Ann. S 39-13-204(i)(6), (7) (1997). The jury
also found that these aggravating circumstances outweighed the
mitigating circumstances beyond a reasonable doubt. Accordingly, the
jury imposed a sentence of death. The Court of Criminal Appeals
affirmed both the conviction and sentence.

http://www.tba.org/tba_files/TSC/2005/thackers42705.pdf

APPENDIX
http://www.tba.org/tba_files/TSC/2005/thackers_apx42705.pdf

CONCURRING/DISSENTING OPINION
http://www.tba.org/tba_files/TSC/2005/thackers_con42705.pdf

STATE OF TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES v. BINTA AHMAD

Court:TCA

Attorneys:                          

Jeffrey D. Ridner, Tullahoma, Tennessee, for the appellant, Binta
Ahmad.

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

Judge: CLEMENT

First Paragraph:

Mother appeals termination of her parental rights to her two minor
children. She and her two infant children immigrated to the United
States illegally in 1998 when the children were two and one years of
age, respectively. In 1999, Mother was arrested on felony theft
charges. Being unable to make bond, she remained incarcerated for over
a year following which she pled guilty to a felony. She was then
turned over to immigration officials and was detained for an
additional two years only to be deported to Nigeria in December 2002,
where she remains. The children have remained in foster care for more
than five years. Mother appeals claiming the evidence to be
insufficient to prove grounds for termination and that termination is
not in the children's best interest. We affirm.

http://www.tba.org/tba_files/TCA/2005/ahmadb42705.pdf

GLADYS BOLES, ET AL. v. NATIONAL DEVELOPMENT COMPANY, INC., ET AL.

Court:TCA

Attorneys:                          

John C.Hayworth, Charles Ingram Malone, Kathryn Hays Sasser, Gerald
M.Tierney, Jr., and Joseph F. Welborn, Nashville, Tennessee, for the
appellants, National Development Company, Inc., Sunstates Corporation
and Clyde W. Engle.

Douglas Thompson Bates, III, Centerville, Tennessee, for the appellee,
Gladys Boles, et al.

Judge: CLEMENT

First Paragraph:

This is a class action on behalf of purchasers of 3,876 lots at Hidden
Valley Lakes Development, a residential development in Hickman County.
Plaintiffs seek to recover compensatory damages resulting from a
breach of contract by the developer, National Development Company,
Inc., and its alleged alter ego, Clyde W.Engle. Plaintiffs allege that
National breached its contract by failing to provide the centerpiece
of the development, a thirty-acre lake. The lake failed to hold water
and thus became a thirty-acre hole in the ground. It was stipulated
that the failure of National to provide the thirty-acre lake was a
breach of contract. The trial was bifurcated into two phases. The
first was limited to the plaintiffs' claim for damages against
National, following which the plaintiffs were awarded compensatory
damages in the amount of $2,540,867 against National. The second phase
of the trial was limited to the plaintiffs' claim that Clyde Engle was
the alter ego of National and thus liable for the damages assessed
against National. Following an evidentiary hearing, the trial court
pierced the corporate veil and held Engle personally liable for the
judgment against National. The defendants appeal contending that the
plaintiffs' proof of damages was neither competent nor sufficient,
that the wrong legal standard was applied to pierce the corporate veil
and that the proof was insufficient to pierce the corporate veil.
Engle also appeals contending that the court did not have personal
jurisdiction over him and thus the judgment against him is void.
Finding no error, we affirm.

http://www.tba.org/tba_files/TCA/2005/bolesg42705.pdf

BECKY ELLIOTT v. DONNA AKEY, INDIVIDUALLY AND D/B/A OWNER OF PLAZA
RESTAURANT

Court:TCA

Attorneys:                          

Becky Elliott, pro se

Robert G. Hinton, Lenoir City, Tennessee, for Appellee Mrs. Donna
Akey, individually and D/B/A owner of Plaza Restaurant

Judge: LEE

First Paragraph:

This appeal involves a dispute between a former employee and her
employer. BeckyElliott filed suit in Blount County Circuit Court
alleging that Donna Akey failed to properly train and supervise
employees at her restaurant in Loudon County, Tennessee resulting in
an unsafe workplace. Because the workplace was unsafe, Ms. Elliott
claims she had to quit her job and was damaged. According to the
complaint, the Plaintiff resided in Blount County, the Defendant
resided and operated the business in Loudon County, and the cause of
action arose in Loudon County. The trial court granted the Defendant's
motion to dismiss for improper venue and awarded sanctions to the
Defendant. After careful review, we hold that 1) the trial court
properly granted the Defendant's motion to dismiss for improper venue,
2) the trial court properly denied the Plaintiff's motion for default
judgment, and 3) the trial court erred in awarding sanctions to the
Defendant. Accordingly, we affirm the decision of the trial court in
part and reverse in part.

http://www.tba.org/tba_files/TCA/2005/elliottb42705.pdf

DARRELL ANDERSON v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Richard L. Finney, Jackson, Tennessee, for the Appellant, Darrell
Anderson.

Paul G. Summers, Attorney General &Reporter; Blind Akrawi, Assistant
Attorney General; James G. Woodall, District Attorney General; and Al
Earls, Assistant District Attorney General, for the Appellee, State of
Tennessee.

Judge: WITT

First Paragraph:

On May 14, 2004, the petitioner filed a petition for post-conviction
relief to challenge his 2002 Madison County Circuit Court conviction
of assault and aggravated assault. See State v. Darrell M. Anderson,
No. W2002-01269-CCA-R3-CD (Tenn. Crim. App., Jackson, May 15, 2003).
The postconviction court appointed counsel, and after conducting an
evidentiary hearing, it rejected the petitioner's claims of
ineffective assistance of trial counsel and of trial error and denied
relief. The petitioner appealed in a timely manner, but following our
review upon the record, we affirm the order denying post-conviction
relief.

http://www.tba.org/tba_files/TCCA/2005/andersond42705.pdf

STATE OF TENNESSEE v. JASON COOK

Court:TCCA

Attorneys:                          

Jeffry T. Washburn (at trial and on appeal) and Paul R. Hutcherson (at
trial), Dresden, Tennessee, for the appellant, Jason Cook.

Paul G. Summers, Attorney General and Reporter; David E. Coenen,
Assistant Attorney General; Thomas A. Thomas, District Attorney
General; and Kevin McAlpin, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

A Weakley County jury convicted the Defendant, Jason Cook, of three
counts of forgery and three counts of facilitation of forgery. The
Defendant now appeals, contending that the evidence was insufficient
to sustain his convictions. Finding no error in the judgments of the
trial court, we affirm the Defendant's convictions.

http://www.tba.org/tba_files/TCCA/2005/cookj42705.pdf

JOSEPH W. JONES v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Arthur E. Horne, III, Memphis, Tennessee, for the appellant, Joseph W.
Jones.

Paul G.Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Emily Campbell, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The petitioner, Joseph W.Jones, appeals the denial of his petition for
post-conviction relief, arguing that his guilty plea was unknowing and
involuntary and that he was denied the effective assistance of trial
counsel. Following our review, we affirm the post-conviction court's
denial of the petition.

http://www.tba.org/tba_files/TCCA/2005/jonesjw42705.pdf

MICHAEL LINDSEY v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Michael Lindsey, Hardeman County Correctional Facility, Whiteville,
Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Michael Davis, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The petitioner, Michael Lindsey, appeals the dismissal of his petition
for DNA testing pursuant to the Post-Conviction DNA Analysis Act,
Tennessee Code Annotated section 40-30-301, et seq. On appeal, he
argues that the post-conviction court erred in dismissing the petition
without holding an evidentiary hearing. Following our review, we
affirm the dismissal of the petition.

http://www.tba.org/tba_files/TCCA/2005/lindseym42705.pdf

STATE OF TENNESSEE v. DANIEL SHANE MALONE

Court:TCCA

Attorneys:                          

George Morton Googe and Joseph T. Howell, Public Defenders, for the
appellant, Daniel Shane Malone.

Paul G. Summers, Attorney General and Reporter; Rachel E. Willis,
Assistant Attorney General; James G. Woodall, District Attorney
General; and Shaun A. Brown, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: MCLIN

First Paragraph:

The defendant was indicted for statutory rape and contributing to the
delinquency of a minor. Thereafter, the trial court ordered an
investigation to determine whether the defendant was suitable for
pretrial diversion. Before the defendant filed an application for
pretrial diversion, but after a pretrial investigation report was
submitted, the prosecutor denied pretrial diversion. The trial court
granted the defendant's writ of certiorari and reversed the
prosecutor's decision. Pursuant to Rule 9 of the Tennessee Rules of
Appellate Procedure, the State was granted permission for an
interlocutory appeal to this Court. On appeal, this Court reversed the
decision of the trial court and remanded the case for further
proceedings.

http://www.tba.org/tba_files/TCCA/2005/maloned42705.pdf

BILLY JAMES MATTHEWS v. WARDEN GLENN TURNER

Court:TCCA

Attorneys:                          

Billy James Matthews, Whiteville, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Richard H. Dunavant,
Assistant Attorney General; and Elizabeth T. Rice, District Attorney
General, for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The petitioner appeals the trial court's denial of his petition for
habeas corpus relief. Upon our review, we conclude that the petitioner
has failed to allege any ground that would render the judgment void.
Therefore, we affirm the judgment of the lower court pursuant to
Tennessee Court of Criminal Appeals Rule 20.

http://www.tba.org/tba_files/TCCA/2005/matthewsb42705.pdf

LARRY MITCHELL v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Kamilah E. Turner, Memphis, Tennessee, for the Appellant, Larry
Mitchell.

Paul G. Summers, Attorney General and Reporter; John L. Bledsoe,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Andre Thomas, Assistant District Attorney General, for
the Appellee, State of Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Larry Mitchell, appeals the judgment of the Shelby
County Criminal Court denying his petition for post-conviction relief.
On appeal, Mitchell argues that he was denied his Sixth Amendment
right to the effective assistance of counsel. After a review of the
record, we affirm the denial of post-conviction relief.

http://www.tba.org/tba_files/TCCA/2005/mitchelll42705.pdf

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