Update your contact information! Now you can let the TBA know of your new contact information over the web. Just follow the link below and we'll update your record in our database. http://www.tba.org/address/index.mgi    TODAY'S OPINIONS: Friday, August 05, 2005 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 - Formal Ethics Opinions - BPR 00 - Judicial Ethics Opinions 00 - TN Attorney General Opinions 03 - TN Court of Appeals 01 - TN Court of Criminal Appeals 00 - TN Supreme Court 00 - TN Supreme Court - Rules 00 - TN Worker's Comp Appeals GARY W. BAKER v. JOSEPH SMITH & DEBORAH SMITH In the Matter of: T.M.S., A Child Under 18 Years of Age Court: TCA Attorneys: Stuart B. Breakstone, Kathy D. Baker, Memphis, TN, for Appellants William T. Winchester, Memphis, TN, for Appellee Judge: HIGHERS In this appeal we are called upon to evaluate a juvenile courtâs decision regarding a petition tomodify a previous custody order. The original custody order awarded custody of the minor child to the maternal grandparents over the objection of the natural father. At the conclusion of thehearing on the fatherâs petition to modify custody, the juvenile court found that a material change in circumstances warranted a change in custody from the maternal grandparents to the naturalfather. The juvenile court also awarded the grandparents liberal visitation. The grandparents filed an appeal to this Court. We vacate the decision of the juvenile court and hold that thesuperior parental rights doctrine, not a material change in circumstances, is the standard which the juvenile court should have applied to the fatherâs petition for a change of custody. bakerg8505.pdf IN RE: CONSERVATORSHIP OF LAJUANA YVETTE BROWN DELISA PROVOST v. ALTON BROWN AND RON NANCE,CONSERVATORS Court: TCA Attorneys: Melanie E. Taylor, Memphis, TN, for Appellant Randell K. Brooks, Memphis, TN, for Appellees Judge: HIGHERS This appeal arises out of a petition filed by the conservators requesting the imposition of aconstructive trust on assets received by the appellant after the decedentâs death. After issuing a temporary restraining order, testimony was taken and the trial court determined that the decedentintended for all funds received by the appellant upon decedentâs death to be held in trust for decedentâs daughter, the ward. The trial court imposed a constructive trust on these assets,ordered that the assets be paid over to the conservator of the wardâs estate, and determined that the appellant was an unsuitable trustee for the funds. The trial court further ordered that theappellant would bear the costs of the proceedings but the conservators were responsible for their attorneyâs fees. This appeal followed. We affirm. brownl8505.pdf C. R. BATTS CONSTRUCTION, LLC v. 101 CONSTRUCTION COMPANY, ET AL. Court: TCA Attorneys: Henry Hale, Nashville, TN, for Appellant John W. Rodgers, Murfreesboro, TN, for Appellee Judge: HIGHERS This appeal arises out of a breach of contract action filed by the plaintiff against the defendants.After a hearing, the trial court entered a judgment in favor of the plaintiff, awarding the plaintiff $24,260.11. Additionally, the trial court awarded the plaintiff pre-judgment interest in theamount of $5,579.82. The defendants have appealed to this Court. We affirm the judgment of the trial court. crbatts8505.pdf STATE OF TENNESSEE v. CAREY RAY FAUGHT Court: TCCA Attorneys: Sam G. Smith, Jr., Knoxville, Tennessee, for the appellant, Carey Ray Faught. Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General;Randall E. Nichols, District Attorney General; Ta Kisha M. Fitzgerald, Assistant District Attorney General; and Philip H. Morton, Assistant District Attorney General, for the appellee,the State of Tennessee. Judge: WOODALL Following a jury trial, Defendant, Carey Ray Faught, was found guilty of carjacking, a Class Bfelony. At the conclusion of the sentencing hearing, the trial court sentenced Defendant as a Range I, standard offender, to nine years. The trial court ordered Defendantâs sentence for thecurrent offense to be served consecutively to the sentence he was currently serving in case No. 71405. On appeal, Defendant argues (1) that the trial court erred in not granting his motion tosuppress the victimâs pre-trial identification; (2) that the evidence was insufficient to support his conviction for carjacking; (3) that the trial court erred in sentencing Defendant above theminimum of the range for a Range I, standard offender, convicted of a Class B felony; and (4) that the trial court erred in ordering Defendant to serve his sentence for the current offenseconsecutively to his sentence in case No. 71405. After a thorough review of the record, we affirm the judgments of the trial court. faughtc8505.pdf   PLEASE FORWARD THIS E-MAIL! Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address. GET A FULL-TEXT COPY OF AN OPINION! See the instructions at the beginning of this edition of Opinion Flash. JOIN THE TENNESSEE BAR ASSOCIATION! 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