Solo and Small Firm Forum
May 13 - Tennessee Bar Center, Nashville

The TBA Solo and Small Firm Conference offers a unique opportunity for
practitioners from all over the state to come together to focus on
specific issues impacting them in the practice of law. CLE course
offerings will include substantive sessions in practice areas most
common to the solo and small firm practitioner including: PERSONAL
INJURY AND WORKERS COMP LAW, JUVENILE & FAMILY LAW, WILLS, ESTATES &
PROBATE , SOCIAL SECURITY UPDATE , CRIMINAL DEFENSE, and ETHICS.
There will also be many opportunities for networking with your fellow
practitioners during this conference — including a cocktail reception
after the program.

Today's Opinions: May 2, 2005
Volume 11 — Number 082
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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
03 New Opinion(s) from the Tennessee Court of Criminal Appeals
01 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 Justice Information Tracking System
State List for Permission to Appeal

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/2005/certlist050205.pdf

DOROTHY TUCKER v. SIERRA BUILDERS ET AL.
WITH DISSENTING OPINION

Court:TCA

Attorneys:                          

James C. Bradshaw, III. and Donna L. Reed, Nashville, Tennessee, for
the appellant, All American Homes.

Troy Lee Brooks, Mount Juliet, Tennessee, for the appellee, Dorothy
Tucker.

Judge: KOCH

First Paragraph:

This appeal involves a dispute stemming from the shoddy construction
of a modular house. The property owner filed suit in the Circuit Court
for Wilson County against the contractor who constructed the house and
the manufacturer of the house modules. The trial court granted a
default judgment against the contractor and, following a bench trial,
awarded the homeowner a $49,506.94 judgment against the manufacturer.
The manufacturer has appealed. We have determined that the trial court
erred when it held that the manufacturer engaged in unfair or
deceptive trade practices in violation of the Tennessee Consumer
Protection Act and that the manufacturer was vicariously liable for
the negligence of the contractor.

http://www.tba.org/tba_files/TCA/2005/tuckerd50205.pdf

DISSENTING OPINION
http://www.tba.org/tba_files/TCA/2005/tuckerd_dis50205.pdf

IN RE: W.B. IV

Court:TCA

Attorneys:                          

Judy A. Oxford, Franklin, Tennessee, for the appellant, V.H. Sharon E.
Guffee, Franklin, Tennessee, for the appellant, W.B. III.

C. Diane Crosier, Franklin, Tennessee, for the appellees, L. B. and K.
B.

Judge: COTTRELL

First Paragraph:

In a single proceeding, the juvenile court terminated the parental
rights of a mother to her three children and the parental rights of
the father of one of those children, ruling that they had abandoned
the children. The mother and the father filed separate appeals, which
we have consolidated for decision. We reverse because the proof at
trial did not rise to the level required to establish abandonment as
defined by applicable statutes.

http://www.tba.org/tba_files/TCA/2005/wbiv50205.pdf

JAMES ALLEN BOWERS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Douglas A. Trant, Knoxville, Tennessee, for the appellant, James Allen
Bowers.

Paul G.Summers, Attorney General &Reporter; Renee W.Turner, Assistant
Attorney General; and James W. Pope, III, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The petitioner, James Allen Bowers, appeals the post-conviction
court's denial of his petition for post-conviction relief. In this
appeal, the petitioner alleges (1) that he was denied the effective
assistance of counsel at trial and on appeal; (2) that the state
failed to disclose evidence favorable to his defense in violation of
the requirements of Brady v. Maryland, 373 U.S. 83 (1963); and (3)
that the post-conviction court erred by refusing to allow expert
testimony on the issue of the performance of his trial and appellate
counsel. The judgment of the post-conviction court is affirmed.

http://www.tba.org/tba_files/TCCA/2005/bowersj50205.pdf

STATE OF TENNESSEE v. NEIL M. FRIEDMAN

Court:TCCA

Attorneys:                          

Clifton Corker, Johnson City, Tennessee, for the appellant, Neil M.
Friedman.

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

Judge: OGLE

First Paragraph:

The appellant, Neil M. Friedman, pled guilty to misdemeanor assault
and was sentenced to eleven months and twenty-nine days to be served
on probation. While serving his sentence, the appellant pled guilty in
the Sullivan County Criminal Court to aggravated assault and violating
his probation. For the aggravated assault conviction, the trial court
sentenced him to three years and granted his request for full
probation. The trial court also revoked his misdemeanor probationary
sentence and ordered him to serve his original sentence as ninety days
in jail and the remainder on probation. Subsequently, a probation
violation warrant was filed, and the trial court revoked probation and
ordered the appellant to serve both sentences in confinement. On
appeal, the appellant argues that the trial court did not have
jurisdiction to revoke his misdemeanor probationary sentence because
the sentence expired before the revocation warrant was issued. Upon
review of the record and the parties' briefs, we affirm the judgments
of the trial court but remand for entry of a corrected judgment as to
the aggravated assault.

http://www.tba.org/tba_files/TCCA/2005/friedmann50205.pdf

STATE OF TENNESSEE v. HOLLY LYNN PERRYMAN

Court:TCCA

Attorneys:                          

John H. Richardson, Jr., Fayetteville, Tennessee, for the appellant,
Holly Lynn Perryman.

Paul G. Summers, Attorney General and Reporter; Seth P. Kestner,
Assistant Attorney General; William Michael McCown, District Attorney
General; and Weakley E. Barnard, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The defendant, Holly Lynn Perryman, was found guilty by a Marshall
County jury of facilitation of aggravated robbery, a Class Cfelony,
and was sentenced as a Range I, standard offender to four years and
six months, with nine months to be served in the county jail and the
remainder on probation, the first year of which was to be in community
corrections. She raises two issues on appeal: (1) whether the evidence
was sufficient to sustain her conviction; and (2) whether her sentence
is excessive. Following our review, we conclude that the evidence is
sufficient to sustain the conviction but that her conviction for this
offense, which is a crime of violence, makes her ineligible for
community corrections. Accordingly, we vacate her sentence and remand
for resentencing.

http://www.tba.org/tba_files/TCCA/2005/perrymanh50205.pdf

General Sessions Judge on Utility Board

Date: April 27, 2005

Opinion Number: 05-064

http://www.tba.org/tba_files/AG/2005/op64.pdf

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