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: May 16, 2005
Volume 11 — Number 092
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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 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


OVERNITE TRANSPORTATION CO. v. TEAMSTERS LOCAL UNION NO. 480, ET AL.

Court:TSC

Attorneys:                          

Edmund L. Carey, Jr. and George Edward Barrett, Nashville, Tennessee,
for the Appellants- Defendants, Billy D. Cullen, Eddie Mims, Isom
Folsom, and Kennie George.

James Gerard Stranch, III and Mark Allen Mayhew, Nashville, Tennessee,
for the Appellant- Defendant, Teamsters Local Union No. 480.

Christopher Johlie and Melissa Crawford Mazzeo, Chicago, Illinois, and
Kenneth A. Weber, Nashville, Tennessee, for the Appellee-Plaintiff,
Overnite Transportation Company.

Judge: HOLDER

First Paragraph:

We granted this appeal to determine 1) whether a trial court's order
declining to hold an alleged contemnor in civil contempt may be
appealed; 2) whether compensatory damages for civil contempt are
available pursuant to Tennessee Code Annotated section 29-9-105 (1980
& 2000) from a contemnor who commits an act forbidden by a trial
court's order; and, if so, 3) whether those damages may be recovered
if the violation is not ongoing at the time of the hearing. We answer
these questions in the affirmative. Accordingly, we affirm the
judgment of the Court of Appeals and remand this case to the trial
court for further proceedings consistent with this opinion.

http://www.tba.org/tba_files/TSC/2005/overnite51605.pdf

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/certList051605.pdf

MILTA D. BLANCHARD v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Lorna McClusky, Memphis, Tennessee (at trial); and William D. Massey,
Memphis, Tennessee (on appeal), for the Appellant, Milta D. Blanchard.

Paul G. Summers, Attorney General & Reporter; David H. Findley,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Jamie Kaplan, Assistant District Attorney General, for
the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

The petitioner, Milta D. Blanchard, appeals the Shelby County Criminal
Court's denial of habeas corpus relief and claims that his 1992
conviction of reckless endangerment is void because the charging
instrument did not charge the offense of reckless endangerment. We
affirm the dismissal of the petition.

http://www.tba.org/tba_files/TCCA/2005/blanchardm51605.pdf

STATE OF TENNESSEE v. STEVE BRIAN HANNAH

Court:TCCA

Attorneys:                          

Steve McEwen (on appeal), Mountain City, Tennessee, and Mack Garner
(at trial), District Public Defender, Maryville, Tennessee, for the
appellant, Steve Brian Hannah.

Paul G.Summers, Attorney General and Reporter; and John H.Bledsoe,
Assistant Attorney General; Michael L. Flynn, District Attorney
General; and Robert C. Sawyer, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Steve Brian Hannah, pled guilty in the Blount County
Circuit Court to one count of theft of property over $10,000, three
counts of theft of property over $1,000, and one count of possession
of marijuana with intent to resell. Pursuant to the plea agreement,
the appellant received an effective five-year sentence with the manner
of service to be determined by the trial court. After a sentencing
hearing, the trial court ordered the appellant to serve one year in
confinement and the remainder of his sentence on community
corrections. On appeal, the appellant claims the trial court erred by
refusing to grant his request for full probation. Upon review of the
record and the parties' briefs, we affirm the judgments of the trial
court but remand for entry of corrected judgments as to the thefts.

http://www.tba.org/tba_files/TCCA/2005/hannahs51605.pdf

STATE OF TENNESSEE v. MACK T. TRANSOU

Court:TCCA

Attorneys:                          

Richard L. Finney, Attorney, Jackson, Tennessee, for the appellant,
Mack T. Transou

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assistant Attorney General, CriminalJustice Division; James G.(Jerry)
Woodall,District Attorney General; and JodyS. Pickens, Assistant
District Attorney General, for the appellee, the State of Tennessee

Judge: WOODALL

First Paragraph:

Following a jury trial, Defendant Mack Transou was convicted of
aggravated burglary and rape. He was sentenced to concurrent sentences
of fifteen years for aggravated burglary and sixteen years for rape.
On appeal, Defendant argues that the evidence presented at trial was
insufficient to support the jury's verdict, that the trial court erred
in admitting DNA evidence, and that his sentence was improper in light
of Blakely v. Washington. We conclude that the evidence was sufficient
to support the Defendant's convictions, the DNA evidence was properly
admitted, and that the trial court did not err in its application of
one enhancement factor when sentencing Defendant. Accordingly, we
affirm Defendant's convictions and sentences.

http://www.tba.org/tba_files/TCCA/2005/transoum51605.pdf

Effect of Proposed Amendatory Language to Senate Resolution
Authorizing a Constitutional Right to Hunt, Fish and Harvest Game and
Fish

Date: May 11, 2005

Opinion Number: 05-080

http://www.tba.org/tba_files/AG/2005/op80.pdf

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