Winkler Elected YLD VP, Other Races Set for June

Memphis lawyer Stacie Winkler will serve as president of the Tennessee Bar Association Young Lawyers Division (YLD) in 2014-2015. She will take office in June as vice president, and then assume the office of president-elect in 2013 and president in 2014. Winkler, an attorney with Baker, Donelson, Bearman, Caldwell & Berkowitz PC, was deemed elected after the filing deadline passed yesterday and she was unopposed. Winkler has served for a number of years as YLD Board secretary. She previously was president of the Memphis Bar Association YLD.

District Representatives also elected without opposition yesterday were District 2 Rep. Katie Jones, Oak Ridge; District 4 Rep. Ashley Morris Bentley, Maryville; District 6 Rep. Rachel Moses, Cookeville; District 8 Rep. V. Michael Kurtz, Lebanon; District 12 Rep. Ellen Neese, Paris; and District 14 Rep. Joann Coston-Holloway, Memphis.

Members of the YLD will decide the outcome of several contested races at the division’s annual meeting June 8 in Memphis, including East Tennessee Governor, Middle Tennessee Governor and one District Representative.

Today's Opinions

Click on the category of your choice to view summaries of today’s opinions from that court, or other body. A link at the end of each case summary will let you download the full opinion in PDF format.

00 - TN Supreme Court
00 - TN Workers Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
00 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
00 - TN Supreme Court - Disciplinary Orders

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TN Court of Appeals


Court: TN Court of Appeals


Michael R. Giaimo, Cookeville, Tennessee, for the appellant, Frank Barone.

C. Douglas Fields, Crossville, Tennessee, for the appellee, Veronica Monde Barone.


After obtaining a sizable judgment against her former husband in a Canadian court, the plaintiff filed this lawsuit in Tennessee in 1999 seeking to have property allegedly owned by the former husband sold in partial satisfaction of the judgment. After the former husband failed to appear or defend the Tennessee lawsuit, the circuit court also entered a default judgment against the former husband. However, other related issues involving other parties were tried and eventually appealed over the next several years. In 2011, the trial court finally ordered the sale of the former husband’s property in partial satisfaction of the judgment. Husband appealed from the entry of that order, and he argues on appeal that the wife’s attempt to execute on his property is time-barred under various statutes and Rules of Civil Procedure. Finding no merit in his arguments on appeal, we affirm the trial court’s decision.


Court: TN Court of Appeals


Phillip C. Lawrence, Chattanooga, Tennessee, for the appellant, William Englund Sr.

C. Crews Townsend and Neil A. Brunetz, Chattanooga, Tennessee, for the appellees, U.S. Waste Atlanta, LLC and Clarence Joseph Emmer.


This appeal arises from an alleged agreement concerning a waste collection business. In 2007, U.S. Waste Atlanta, LLC (“U.S. Waste Atlanta”), filed suit against Mark Englund and William Englund Sr. (“the Defendants”)1 in the Chancery Court for Hamilton County (“the Trial Court”), alleging that the Defendants improperly took possession of certain trucks. U.S. Waste Atlanta argued, among other things, that written documents demonstrated that William Englund Sr. had an agreement with Clarence Emmer2, owner of U.S. Waste, LLC (“U.S. Waste”), to transfer trucks to U.S. Waste Atlanta in exchange for an interest in the company. Clarence Emmer, on behalf of U.S. Waste Atlanta, made finance payments on the trucks but the transfer never happened. The Plaintiffs filed a Motion for Summary Judgment. The Trial Court partially granted the Plaintiffs’ Motion for Summary Judgment, awarding Clarence Emmer a judgment against William Englund Sr. for $36,073.90. The Trial Court also made this a final judgment pursuant to Rule 54.02 of the Tennessee Rules of Civil Procedure. William Englund Sr. appeals, arguing that a genuine issue of material fact regarding whether an agreement existed bars summary judgment. We affirm the judgment of the Trial Court.

Assistant U.S. Attorney Ed Schmutzer Dies

Assistant U.S. Attorney for the Eastern District of Tennessee, John Edgar (Ed) Schmutzer, died on Saturday, March 31. He was 64. Mr. Schumtzer, of Sevierville, obtained his law degree from the University of Virginia. He was a combat veteran having served as a captain with the 101st Airborne Division in Vietnam. After a brief stint in private practice in Nashville, he became assistant U.S. attorney in Knoxville, where he served for more than 30 years. He was the brother of retired longtime state prosecutor Al Schmutzer Jr. The family will receive friends on Wednesday at 2 p.m., with a funeral service at 4 p.m. at First United Methodist Church, Sevierville (214 Cedar Street). Interment will follow in Shiloh Cemetery. In lieu of flowers, the family requests that memorials be made to the American Diabetes Association, Paws for Patriots or the Wounded Warriors Project. Read his obituary and more from the News Sentinel

Judge Stays Duncan Law Litigation, Denies School’s Motion to Reconsider

U.S. District Judge Thomas A. Varlan on Monday refused to reconsider his January denial of Lincoln Memorial University Duncan School of Law’s request for injunctive relief in its antitrust suit against the American Bar Association. The judge also granted the ABA's motion to stay the litigation while the school pursues its administrative remedies, but denied without prejudice the association's motion to dismiss the case while that appeal is pending. Varlan, in a 21-page memorandum opinion and order, ordered the ABA to notify him of the outcome of that appeal by May 3, and gave the association 21 days from then to refile its motion for a dismissal. The ABA Journal has the story

Charges Against Crumley Dropped

Criminal charges against former District Attorney General Joe Crumley of Jonesborough were dismissed by prosecutor Joe Baugh with the approval of Judge Jon Kerry Blackwood on Monday. Crumley, 58, was charged with reckless endangerment, evading arrest, failure to yield to blue lights and sirens and reckless driving. “It seemed the decent thing to do in light of his medical condition," Baugh said.  Crumley is receiving hospice care, the Johnson City Press reports.

Metro Accuses Judge of Unfair Treatment in Immigration Case

In a brief filed in the Juana Villegas case Friday, Metro Nashville attorneys say that U.S. District Court Judge William Haynes has a “history of an adversarial relationship” with them and that Haynes exhibited “unfair treatment” and an “increasingly threatening tone” to Metro lawyers before reaching his verdict nearly one year ago. The brief kicks off Metro’s appeal in the polarizing case that pitted the Davidson County Sheriff’s Office against immigrant advocates. Villegas is the undocumented and pregnant Mexican woman detained by the sheriff’s office in 2008 as part of its implementation of the federal 287(g) program. She subsequently went into labor and was shackled to a hospital bed in the hours before and after childbirth, triggering a lawsuit against Metro that garnered national attention. The City Paper has more

Florida Prosecutor Calls Martin Family Accusation 'Lies'

An "outraged" Florida prosecutor fired back on Monday at the family of Trayvon Martin, describing as "outright lies" their account that he and a local police chief met and decided not to follow a detective's advice and arrest the teenager's killer. Read the CNN story

Rogersville Judge Takes 5th in Answer to BPR Charges

On Monday, Hawkins County Sessions Judge James “Jay” Taylor filed his response to five charges from the Board of Professional Responsibility by stating he had been advised by counsel to assert and invoke his Fifth Amendment right. A hearing will now be scheduled. Four of the charges Taylor faces pertain to allegations of theft against clients in his private practice. These charges are separate from four charges filed against Taylor in January by the Tennessee Court of the Judiciary. The Times News has more

Bill to Stop Pre-trial Diversion for Public Officials Goes to Governor

The House on Monday unanimously approved and sent to the governor a bill prohibiting any public official convicted of a crime related to his or her duties in office from receiving pretrial diversion. The measure has a direct connection to former Judge Richard Baumgartner, who received diversion last year on a charge of official misconduct. "We had an instance in Knox County where we had a judge who went out and committed crimes related to his office," sponsor Rep. Ryan Haynes, R-Knoxville, told colleagues who questioned the need for SB 2566. "He created a whole host of problems." The bill had already passed the Senate unanimously under the sponsorship of Sen. Ken Yager, R-Harriman. The News Sentinel reports

Haslam Budget Update Adds Money for Local Jails

Gov. Bill Haslam announced Monday a budget amendment that includes funding for a more rapid decrease in a food tax cut and extra money for local jails. Increasing the state's daily payment to local jails by $2 a day is designed in part, Haslam says, to help break an impasse over his proposal to require incarceration for repeat domestic violence offenders. The $4 million jails reimbursement provision is the most expensive item in Haslam's budget plan. He also announced that weekend negotiations resulted in an agreement from the Tennessee State Employees Association to support his plan to overhaul state civil service rules. The Tennessean has this AP story

Rep. Todd Tells Panel He Has Cancer

State Rep. Curry Todd, R-Collierville, informed colleagues that he has cancer during a House Commerce Committee hearing today on a proposal to require insurance companies to pay for oral chemotherapy treatments. Todd later told reporters that he has a form of non-Hodgkin lymphoma. The News Sentinel has more

High Court: Strip Searches OK

Jailers may perform invasive strip searches on people arrested even for minor offenses, the U.S. Supreme Court ruled Monday. The court's conservative majority declared that security trumps privacy in an often dangerous environment. In the 5-4 decision, the court ruled against a New Jersey man who was strip-searched in two county jails after his arrest on a warrant for an unpaid fine that he had, in reality, paid. The Tennessean has this AP story


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About this publication: Today's News is a compilation of digests of news reports of interest to Tennessee lawyers compiled by TBA staff, links to digested press releases, and occasional stories about the TBA and other activities written by the TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.

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