Learn how to avoid legal malpractice claims Legal malpractice claims are growing more common and insurance coverage is becoming more expensive and difficult to obtain. This 3-hour seminar will discuss current legal developments in the area of legal malpractice, common (but often avoidable) mistakes by lawyers and ethical issues implicated by legal malpractice claims. https://www.tba.org/onsiteinfo/legalmal_2005.html    TODAY'S OPINIONS: Wednesday, October 26, 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 - TN Supreme Court 00 - TN Worker's Comp Appeals 00 - TN Supreme Court - Rules 04 - TN Court of Appeals 03 - TN Court of Criminal Appeals 03 - TN Attorney General Opinions 00 - Judicial Ethics Opinions 00 - Formal Ethics Opinions - BPR 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 SHERRY KAY HEPLER v. DONALD MERLE HEPLER Court: TCA Attorneys: Clark Lee Shaw and Stephanie C. Hatchett, Nashville, TN, for the appellant, Donald Merle Hepler. Pamela M. Spicer, Brentwood, TN, for the appellee, Sherry Kay Hepler. Judge: KIRBY This is a petition to modify custody. When the parties divorced in 2000, the mother received primary custody of the partiesâ three children. After the mother sought an increase in the fatherâs child support obligation, the father filed this petition to obtain primary custody of the children, alleging a material change in circumstances. The father later amended his petition to include allegations of physical abuse by the mother. The trial court declined to modify custody, finding the evidence insufficient to justify modification. We vacate the ruling of the trial court and remand for written findings on the abuse allegations, pursuant to Tennessee Code Annotated Section 36-6-106(a)(8). http://www.tba.org/tba_files/TCA/2005/heplers102505.pdf JOHN JAY HOOKER v. PHIL BREDESEN, ET AL. Court: TCA Attorneys: Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Janet M. Kleinfelter, Sr. Counsel, for the appellants, Phil Bredesen, Paul Summers Riley Darnell and Brook Thompson. John Jay Hooker, Nashville, Tennessee, pro se. Judge: CAIN Defendants appeal the refusal of the Chancellor to impose Tennessee Rule of Civil Procedure 11 sanctions against Plaintiff. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCA/2005/hookerj102505.pdf With concurring opinion http://www.tba.org/tba_files/TCA/2005/hookerjcon102505.pdf With dissenting opinion http://www.tba.org/tba_files/TCA/2005/hookerjdis102505.pdf RICK A. HUGHES and LISA J. HUGHES v. RICHARD C. POULTON and Court: TCA Attorneys: Gary Vandever, Lebanon, TN, for the appellants, Richard C. Poulton and Annette L. Poulton. Tommy Edmondson, Nashville, TN, for the appellees, Rick A. Hughes and Lisa J. Hughes. Judge: KIRBY This is a property dispute between next-door neighbors over a gate across a driveway easement. The two neighbors shared a common driveway from the public road in front of both properties. After a clash between the two neighborsâ dogs, one neighbor erected a fence on the boundary line with a gate across the other neighborâs portion of the driveway. This lawsuit followed. The trial court enjoined the defendant neighbor from placing the fence and gate over a portion of an easement that was the only existing driveway to the plaintiffâs residence on the adjoining property. The trial court found that the gate was not necessary for the defendantsâ use and enjoyment of their property, and held that the defendantsâ erection of the gate constituted an unreasonable interference with the plaintiffsâ right to use the easement. The defendants appealed. We affirm, finding that, although the gate may not have been an unreasonable interference with the plaintiffsâ right to use the easement, the evidence does not preponderate against the trial courtâs finding that it was not necessary for the defendantsâ use and enjoyment of the property. http://www.tba.org/tba_files/TCA/2005/hughesr102505.pdf BRADLEY LEWIS SLATON v. JANNA LYNN SLATON RAY Corrected Case Court: TCA Attorneys: E. Evan Cope, Murfreesboro, Tennessee, for the appellant, Bradley Lewis Slaton. Richard L. Dugger, Shelbyville, Tennessee, for the appellee, Janna Lynn Slaton Ray. Judge: CLEMENT The father and primary residential parent of the partiesâ two minor children appeals the denial ofhis request to relocate to Florida with the children. His stated reason is a better job opportunity with increased pay of seventy-five cents per hour. The childrenâs mother opposes the move.The trial court determined the father spent substantially more time with the children, analyzed the case pursuant to Tenn. Code. Ann. ¤ 36-6-108(d), and concluded there was no reasonablepurpose for the move and the move was not in the best interest of the children. Thus, it denied the fatherâs request and he appealed. We have concluded the evidence does not preponderateagainst the trial courtâs findings and, thus, we affirm. Corrected Case (Filing date was wrong) http://www.tba.org/tba_files/TCA/2005/slatonb102505.pdf STATE OF TENNESSEE v. DANE LEE DUCKETT Court: TCCA Attorneys: G. Earl Patton, Crossville, Tennessee, for the appellant, Dane Lee Duckett. Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; William Edward Gibson, District Attorney General; and Gary McKenzie and Kevin D. Poore, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: OGLE A Cumberland County Criminal Court jury convicted the appellant, Dane Lee Duckett, of attempting to manufacture methamphetamine, simple possession of marijuana, possession of drug paraphernalia, and driving on a suspended license, and the trial court sentenced him to an effective sentence of six years in confinement. On appeal, the appellant claims that the evidence is insufficient to support the convictions and that his sentence is excessive. Upon review of the record and the partiesâ briefs, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/2005/duckettd102505.pdf CHARLES GOODE v. STATE OF TENNESSEE Court: TCCA Attorneys: R. Price Harris, Memphis, Tennessee, for the appellant, Charles Goode. Paul G. Summers, Attorney General and Reporter; Seth P. Kestner, Assistant Attorney General; William L. Gibbons, District Attorney General; and Lee Coffee, Assistant District Attorney General, for the appellee, the State of Tennessee. Judge: WOODALL Petitioner, Charles Goode, appeals the trial courtâs dismissal of his petition for post-conviction relief. In this appeal, Petitioner argues that his counselâs representation at trial was deficient because he failed to adequately investigate Petitionerâs case and failed to effectively cross-examine the victim. After a thorough review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/2005/goodec102505.pdf JAMES YATES v. STATE OF TENNESSEE Court: TCCA Attorneys: James Yates, Whiteville, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Seth P. Kestner, Assistant Attorney General; and Elizabeth Rice, District Attorney General, for the appellee, State of Tennessee. Judge: WELLES The Defendant, James Yates, filed a pro se pleading seeking to have a conviction and sentence set aside as unconstitutional. The trial court treated the pleading as seeking a writ of habeas corpus and summarily denied the Defendantâs claim for relief. The Defendant now appeals as of right. We affirm the trial courtâs judgment. http://www.tba.org/tba_files/TCCA/2005/yatesj102505.pdf Legislative Discipline TN Attorney General Opinions Date: 2005-10-26 Opinion Number: 05-163 http://www.tba.org/tba_files/AG/2005/op163.pdf Construction of Enactment Providing for Grant to the City of Spencer to Relocate CurrentlyPermitted Wastewater Discharge Point TN Attorney General Opinions Date: 2005-10-26 Opinion Number: 05-164 http://www.tba.org/tba_files/AG/2005/op164.pdf Requirements for Utility Rates TN Attorney General Opinions Date: 2005-10-26 Opinion Number: 05-165 http://www.tba.org/tba_files/AG/2005/op165.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! 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