NEW PROGRAMS TO HELP YOUNG LAWYERS LEARN THE ROPES

If you miss the challenges and camaraderie of law school, here are a pair of new programs for you. The TBAās Young Lawyer Division is launching a new 4L series of courses designed for attorneys in the first year of their practice, and a Skills Enhancement Series for attorneys in the first six years of practice. The 4L Series kicks off Nov. 17 with a program focusing on practice in state court. The Skills Enhancement Series starts Dec. 7 with a program on the new Limited Liability Company Act.

If your law school experience included more than just listening to lectures, weāve got that covered, too. Courses will be hosted at popular clubs, including B.B. Kingās in Nashville, the Downtown Grille and Brewery in Knoxville, St. Johnās Restaurant in Chattanooga and Swig in Memphis. All will begin at 3 p.m. and end at 5 p.m., with a happy hour to follow.

http://www.tba.org/tennbaru

  
TODAY'S OPINIONS: Thursday, November 03, 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
02 - TN Court of Appeals
02 - 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

URSULA DANIELS v. GEORGE BASCH, ET AL.

Court: TCA

Attorneys:

Lawrence D. Wilson, Nashville, Tennessee, for the appellant, Ursula Daniels.

Derrick C. Smith, Nashville, Tennessee, for the appellees, George Basch and ReMax Elite. Judy A. Oxford, Franklin, Tennessee, for the appellees, Brett Wickham and Susan Wickham.

Judge: WILLIAM B. CAIN,

Purchaser of a residence filed a suit against sellers and real estate agent for rescission of thecontract and damages, claiming that Defendants engaged in misrepresentation by suppressing orconcealing the existence of a TVA easement along the backside of the property. The Davidson County Chancery Court granted Defendants summary judgment and Plaintiff appealed. Thejudgment of the trial court is affirmed in all respects.

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


FINOVA CAPITAL CORPORATION v. BILLY JOE REGEL, INDIVIDUALLY, d/b/a BARTLETT PRESCRIPTION SHOP

Court: TCA

Attorneys:

Charles G. Taylor, III, Knoxville, Tennessee, for the appellant, Finova Capital Corporation.

George D. McCrary, Bartlett, Tennessee, for the appellee, Billy Joe Regel.

Judge: DAVID R. FARMER

The trial court awarded summary judgment to Defendant Billy Joe Regel, Individually, andd/b/a/ Bartlett Prescription Shop on the grounds of laches, and Plaintiff Finova Capital Corporation appeals. We affirm.

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


JEFFREY T. BECKHAM v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Chadwick G. Hunt, Savannah, Tennessee, for the appellant, Jeffery T. Beckham.

Paul G. Summers, Attorney General and Reporter; Seth P. Kestner, Assistant Attorney General; and Robert Radford, District Attorney General; and John W. Overton, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: JERRY L. SMITH, J.

The petitioner, Jeffery T. Beckham, was convicted by a jury of aggravated assault and received a five-year sentence. This court affirmed his conviction and sentence on appeal. See State v. Jeffery T. Beckham, No. W2002-02444-CCA-R3-CD, 2003 WL 22272376 (Tenn. Crim. App., at Jackson, Sept. 29, 2003), perm. app. denied, (Tenn. Mar. 8, 2004). The petitioner sought post-conviction relief on various grounds, including ineffective assistance of counsel. After an evidentiary hearing, the post-conviction court denied the petition for post-conviction relief. For the following reasons, we affirm the judgment of the post-conviction court.

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


STATE OF TENNESSEE v. STANLEY PHILLIP CHAPMAN

Court: TCCA

Attorneys:

C. Michael Robbins, Memphis, Tennessee, for the appellant, Stanley Phillip Chapman.

Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Elizabeth T. Rice, District Attorney General; Colin Campbell and James Walter Freeland, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: NORMA MCGEE OGLE

The appellant, Stanley Phillip Chapman, was convicted by a jury in the Tipton County Circuit Court of second degree murder. He received a sentence of twenty-two years incarceration in the Tennessee Department of Correction. On appeal, the appellant raises several issues for our review, including the trial courtās evidentiary rulings and sentencing. Upon review of the record and the partiesā briefs, we affirm the judgment of the trial court.

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


Use of Campaign Funds for Legislative Trip

TN Attorney General Opinions

Date: 0000-00-00

Opinion Number: 05-166

http://www.tba.org/tba_files/AG/2005/OP166.pdf

Proper Method for Funding Local Education Agenciesā (LEAsā) Services for Three (3) and Four (4) Year-Olds with Disabilities Pursuant to BEP and Tenn. Code Ann. ¤ 49-10-113(c)(1).

TN Attorney General Opinions

Date: 0000-00-00

Opinion Number: 05-167

http://www.tba.org/tba_files/AG/2005/OP167.pdf

Disclosure of Witness Identifying Information in Matters Before the Occupational Safety and Health Review Commission

TN Attorney General Opinions

Date: 0000-00-00

Opinion Number: 05-168

http://www.tba.org/tba_files/AG/2005/OP168.pdf

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