Funding Cut Ends Jail-Based Drug Treatment

A residential program to help jail inmates fight drug addiction and take accountability for their actions has ended after federal funding for it was slashed. The Residential Substance Abuse Treatment, or RSAT, operated in the Washington County Detention Center for nearly 12 years, but without the grant of $100,000 from the Department of Justice each year the program is over – much to the disappointment of judges and local law enforcement. "We had about 300 successfully graduate from RSAT," Sheriff Ed Graybeal said Monday. "We were the only one in the state still operating the program at a county facility." The Johnson City Press has more

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
03 - TN Court of Appeals
01 - 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









You can obtain full-text versions of the opinions two ways. We recommend that you download the Opinions to your computer and then open them from there. 1) 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.


TN Court of Appeals

DELTA DEVELOPMENT CORPORATION, ZOO CONCESSION AND GIFT, INC., and SMITH & ROGERS COMPANY v. F. FANI GULF INTERNATIONAL, GULF INTERNATIONAL, FAROKH FANI, and F. FANI/GULF INTERNATIONAL v.
FARIBORZ FERDOWSI; LELA FERDOWSI; FARZIN FERDOWSI; ZIBA FERDOWSI; FARSHEED FERDOWSI; TALIEH FERDOWSI; AZAR FERDOWSI; CYRUS AZHDARI; HOMAYOUN AMINMADANI; and ZOHRE AMINMADANI

Court: TN Court of Appeals

Attorneys:

Charles K. Grant, Lawrence C. Maxwell, Nashville, Tennessee, for the appellants, F. Fani Gulf International, et al.

William T. Ramsey, Philip D. Irwin, Nashville, Tennessee, for the appellees, Delta Development Corporation, et al.

Judge: HIGHERS

Defendants made a series of loans to Plaintiffs and a dispute arose as to the interest and principal owed. A judgment was entered in favor of Defendants. However, Defendants appealed the award, claiming that the trial court erred in admitting evidence, which allegedly reduced the judgment amount, and in refusing to hold all shareholders of the Plaintiff companies liable for the judgment. Plaintiffs also claim, on appeal, that the Special Master and the trial court set an incorrect “starting point” for determining the judgment owed. We affirm the Special Master and the trial court in all respects.


SARAH KEE AND LARRY KEE V. CITY OF JACKSON, TENNESSEE

Court: TN Court of Appeals

Attorneys:

John Dean Burleson and Matthew Robert Courtner, Jackson, Tennessee, for the appellant, City of Jackson, Tennessee.

David Wayne Camp, Jackson, Tennessee, for the appellees, Sarah Kee and Larry Kee.

Judge: PER CURIAM

Because the order appealed is not a final judgment, we dismiss this appeal for lack of jurisdiction.


BOBBY J. SPEARS v. WENDY WEATHERALL

Court: TN Court of Appeals

Attorneys:

Zachary M. Moore, Mitchell D. Moskovitz, and Adam N. Cohen, Memphis, Tennessee, for the appellant, Bobby J. Spears.

Vickie Hardy Jones, Memphis, Tennessee, for the appellee, Wendy Weatherall.

Judge: FARMER

This is a grandparent visitation case. Appellant is the former stepfather of the Appellee. After approximately twenty-five years of marriage, Appellant and Appellee’s mother divorced. During the marriage, Appellant maintained a close relationship to Appellee and Appellee’s child. Even after the divorce, Appellee allowed Appellant to regularly visit with her child. After Appellee began limiting Appellant’s contact with her child, Appellant filed a petition for grandparent visitation. The trial court concluded that Appellant did not fall within the definition of “grandparent” under Tennessee Code Annotated section 36-6-306(e), and dismissed the petition for lack of standing. We affirm.


TN Court of Criminal Appeals

ASATA D. LOWE v. JAMES FORTNER, WARDEN

Court: TN Court of Criminal Appeals

Attorneys:

Andy Long, Maryville, Tennessee, for the Petitioner-Appellant, Asata Lowe.

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Senior Counsel; Michael L. Flynn, District Attorney General; and Rocky Young, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: MCMULLEN

The Petitioner, Asata D. Lowe, was convicted by a Blount County jury of two counts of first degree premeditated murder, two counts of felony murder in the perpetration of a robbery, two counts of felony murder in the perpetration of a theft, one count of especially aggravated robbery, and one count of theft. Lowe subsequently filed a petition for a writ of habeas corpus in the Blount County Circuit Court, which was dismissed after a hearing. On appeal, Lowe argues that the judgments are void because numerous constitutional errors deprived the trial court of authority to try and sentence him. He asserts that his right to a fair trial was violated by the State’s failure to disclose evidence and the trial court’s failure to instruct the jury properly, that his Fourth Amendment rights were violated by the seizure and admission at trial of evidence, that his right to the effective assistance of counsel was violated by his counsel’s performance at trial, and that his right against double jeopardy and due process rights were violated by multiplicitous indictments. Upon review, we affirm the judgment of the habeas court.


Services Set for Jackson PD

Funeral services for Paul E. Meyers, 33, of Jackson will be held tomorrow (April 5) at 11 a.m. at Dawson Memorial Baptist Church in Birmingham, Ala., with a graveside service following on Friday at Memorial Park Cemetery in Memphis. Visitation with the family will take place tonight (April 4) from 5 to 8 p.m. at Ridout's Funeral Home in Homewood, Ala. In lieu of flowers, the family requests that memorial contributions be sent to the Jimmie Hale Mission, 3420 2nd Avenue North, Birmingham, Ala. 35222. Meyers, an assistant public defender in Jackson, died March 31 while participating in a local half marathon race. Read more about his life from George A. Smith & Sons Funeral Home


Nashville Sit-In Participant Dies

Laird Foster, 89, has died in Concord, Mass. Graduating from the Nashville YMCA Night Law School at age 58, Foster practiced law for 15 years with her colleague Maryda Colowick -- primarily helping Nashville's poor access social security benefits. In the early 1960s, Foster participated in the sit-ins at the segregated lunch counters in downtown Nashville. Donations may be made in her name to support mission and outreach at Brookmead Congregational Church, 700 Bresslyn Rd., Nashville 37205, or the Alzheimer’s Association. Read more about her life on Legacy.com


Haslam Announces Anti-Meth Campaign

Gov. Bill Haslam today rolled out a statewide campaign designed to inform Tennesseans about the consequences of violating the "I Hate Meth Act," which took effect last July. The announcement took place in coordination with the Tennessee Sheriffs’ Association meeting in Nashville. "The goal of this campaign is to communicate the harsh consequences of violating our anti-meth law," Haslam said. It targets counties in the state that have seen the highest number of children removed from homes because of meth-related incidents and the greatest number of meth lab seizures. Read more on Chattanoogan.com


Judge: DOJ Must Write Essay on Judicial Power

In response to a comment made by President Barack Obama about the health care law currently being considered by the U.S. Supreme Court, a federal appeals court judge has called for the Justice Department to immediately provide a three-page single-spaced memo on the judiciary's authority to review laws passed by Congress. U.S. Attorney General Eric Holder defended the comments in question, but according to ABC News, said he would comply with the memo request. Learn more in the ABA Journal


House Majority Leader to Seek Re-Election

Rep. Gerald McCormick, R-Chattanooga, majority leader of the Tennessee House of Representatives, announced today he will seek re-election to House District 26 this fall. After redistricting, the district is now the heart of Hamilton County, with new precincts in the Hixson, Riverview, Stuart Heights and North Chattanooga areas. McCormick was first elected in 2004, and was chosen by his colleagues to serve as the majority leader of the Tennessee House in 2010. Chattanoogan.com has more


Chattanooga Races Heat Up

Rep. Tommie Brown has qualified to seek re-election to the House District seat she has long held, but will face fellow Democratic Rep. JoAnne Favors, who was moved to District 28 in the Republican-led redistricting. Johnny Horne has also qualified, and Basil Marceaux Jr. has picked up election papers. In the race for Soddy Daisy judge, attorney John Meldorf picked up papers to run, while attorney D. Marty Lasley filed papers yesterday. Learn more on Chattanoogan.com


'Jog and Jam' Saturday to Benefit Legal Aid

The Upper Cumberland Young Lawyers Association will sponsor the first "Jog and Jam for Justice" to benefit the Legal Aid Society in Cookeville. The 5K run/walk will start at 7:30 a.m., this Saturday (April 7), at Tucker Stadium on the Tennessee Tech campus. The race will be followed that evening with a concert with local bands from 6 to 10 p.m. at CHAR restaurant. Registration is $25 in advance or $30 at the door and includes a race t-shirt and two drink tickets for the evening event. Those who want to attend only the concert may buy tickets for $10 at the door. Download a press release about the event or a registration form. Learn more on the group's Facebook page or contact Rachel Moses at rmoses@las.org with any questions.


'Hot Coffee' Gets Knoxville Screening

The University of Tennessee College of Law's Center for Advocacy & Dispute Resolution and the Tennessee Association for Justice will present the Knoxville premier of "Hot Coffee" – a documentary about the well-known lawsuit brought against McDonald's in the 1990s – on Monday, April 9. The screening will take place in Room 132 of the law school at 4:30 p.m. A discussion with the film's producer Susan Saldoff will follow the screening, and a reception will be held from 6:30 to 8:30 p.m. at the Copper Cellar. For more information contact the college at (865) 974-2521.


Entertainment/IP Lawyer Sought in Knoxville

Scripps Networks is seeking an entertainment/media or intellectual property lawyer to join its legal affairs team in Knoxville. The position will focus on negotiating and drafting programming agreements, and advising business units on production, talent, licensing, promotion and related business activities. Applicants should have five to seven years of experience in intellectual property matters, and particularly in copyright and trademark. Production, promotion and exploitation of television programming, music, movies or other media is strongly preferred. In-house legal experience is also a plus. Learn more about the position on JobLink


 
 

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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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