Understanding Lawyer Advertising and the Internet

Ethics rules have not kept up with the daily challenges that the Internet presents to lawyer advertising. A new course from the TBA's TennBarU sheds light on familiar and not-so-familiar activities regarding Internet advertising and how the ethics rules should be or are being applied to those activities.

http://www.tennbaru.com/

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. To search all opinions in the TBALink database, go to our OpinionSearch page. If you have forgotten your password or need to obtain a password, you can look it up on TBALink at http://www.tba.org/getpassword.mgi.

00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
05 - TN Court of Appeals
03 - TN Court of Criminal Appeals
00 - 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

MELODY D. DICKSON v. ROGER LEE DICKSON

Court: TCA

Attorneys:

Phillip C. Lawrence, Chattanooga, Tennessee, for the appellant, Roger Lee Dickson.

Marvin Berke and Megan C. England, Chattanooga, Tennessee, for the appellee, Melody D. Dickson

Judge: CHARLES D. SUSANO, JR.

In this post-divorce case, Melody D. Dickson (“Mother”) filed a complaint against her former husband, Roger Lee Dickson (“Father”), seeking to modify an order of the trial court awarding her $876 per month in child support. Mother sought an increase in child support and an award of her attorney’s fees. In addition, Mother requested that Father be required to pay “the educational expenses of the minor children,” who she had recently enrolled at a private school. Following a bench trial, the court ordered that Father’s child support obligation be increased to $913.50 per month; ordered Father to pay the children’s private school tuition; and ordered Father to pay Mother’s attorney’s fees. Father appeals. As modified, the trial court’s judgment is affirmed.

http://www.tba2.org/tba_files/TCA/2005/dicksonm120505.pdf


INTERNATIONAL PLAYING CARD AND LABEL COMPANY, INCORPORATED v. LOREN L. CHUMLEY, COMMISSIONER OF REVENUE, STATE OF TENNESSEE

Court: TCA

Attorneys:

Paul G. Summers, Attorney General and Reporter; and Jonathan N. Wike, Assistant Attorney General, for the Appellant, Loren L. Chumley, Commissioner of Revenue, State of Tennessee.

Robert L. Arrington and B. Andrew Glenn, Kingsport, Tennessee, for the Appellee, International Playing Card and Label Company, Incorporated.

Judge: D. MICHAEL SWINEY

After an audit, the State of Tennessee Department of Revenue (“the State”) assessed International Playing Card and Label Company, Incorporated (“IPC&L”) back sales and use taxes on two machines that IPC&L had purchased and now uses in its printing business. IPC&L contested the assessment and filed suit. After a non-jury trial, the Trial Court entered its Final Judgment finding and holding, inter alia, that the machines at issue are “exempt from the imposition of sales and use tax pursuant to the provisions of Tenn. Code Ann. § 67-6-102(a)(14)(A)(2003).” The State appeals claiming that the two machines at issue do not satisfy the requirements of Tenn. Code Ann. § 67-6-102(a)(14)(A), that they are used for maintenance, and that for these reasons they are not exempt from sales and use tax. We affirm.

http://www.tba2.org/tba_files/TCA/2005/intlplayingcard120505.pdf


JOHN D. MCMAHAN v. KATHERINE C. MCMAHAN

Court: TCA

Attorneys:

John P. Konvalinka, Chattanooga, Tennessee, for the appellant, Katherine C. McMahan.

Donald Capparella, Nashville, Tennessee, for the appellee, John D. McMahan.

Judge: CHARLES D. SUSANO

This matter finds its genesis in a divorce action filed by John D. McMahan (“Husband”) against his wife, Katherine C. McMahan (“Wife”). The parties agreed to mediate their differences. At the time of the mediation, the parties ostensibly reached an agreement as to the division of their property and spousal support. Their agreement was reduced to longhand and, in that form, signed by both parties. Shortly after the mediation, Wife repudiated the writing, arguing that it was not a binding agreement because of (1) duress; (2) Wife’s lack of mental capacity to enter into a contract; and (3) the parties’ intention that the longhand document would be followed by a more formal document in which the parties would express their final agreement. Husband filed a motion to enforce the document in longhand form. The trial court granted Husband’s motion, holding that the writing was a valid and enforceable contract. Wife appeals. Husband seeks damages for a frivolous appeal. We affirm the judgment of the trial court, but decline to award damages for a frivolous appeal.

http://www.tba2.org/tba_files/TCA/2005/mcmahanj120505.pdf


IN RE: M. H.

Court: TCA

Attorneys:

Jocelyn D. Mims, Franklin, Tennessee, for the appellant, R.A.

C. Diane Crosier, Franklin, Tennessee, for the appellees, L.B. and K.B.

Judge: PATRICIA J. COTTRELL

The trial court terminated the parental rights of the incarcerated father of a seven year old boy. The father argues on appeal that he was deprived of due process because he was not notified of an earlier dependency and neglect proceeding and because he did not receive effective assistance of counsel during the termination proceeding. He also claims that the petitioners failed to prove by clear and convincing evidence that it was in his son’s best interest that his parental rights be terminated. We affirm the trial court.

http://www.tba2.org/tba_files/TCA/2005/mh120505.pdf


WILLIAM J. REINHART, ET AL. v. ROBERT T. KNIGHT, ET AL.

Court: TCA

Attorneys:

J. Stanley Rogers and Christina Henley Duncan, Manchester, Tennessee, for the Appellants, William J. Reinhart and Judith F. Reinhart.

Bradley A. MacLean and Stephen H. Price, Nashville, Tennessee, for the Appellees, Bob Parks and John E. Harney, III.

Judge: SHARON G. LEE

This appeal presents the issue of whether a defendant who is liable for statutory treble damages for procurement of breach of contract is entitled to an offset in the amount paid by a co-defendant in satisfaction of a judgment for breach of the contract. This question involves an inquiry into the nature of a statutory treble damage award under T.C.A. § 47-50-109. Does an award of statutory treble damages include an element of compensatory damages, thereby overlapping an award for compensatory damages based on breach of the contract, or is a treble damages award entirely punitive in nature? The trial court held that Defendants Bob Parks and John E. Harney, III, who paid $556,429.44 plus post-judgment interest in satisfaction of a judgment for treble damages for procurement of breach of contract, were entitled to an offset in the amount paid by Defendants Robert and Glenda Knight in satisfaction of a judgment for breach of the contract. Plaintiffs appeal, arguing that they should be entitled to the entire amount of both judgments. We hold that the treble damage award is not entirely punitive, and because it includes an element of compensatory pecuniary damages incurred as a result of the breach of contract, there should be an offsetting credit in the amount paid in satisfaction of the judgment for breach of the contract. Accordingly, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCA/2005/reinhartw120505.pdf


MELISSA BARNETT v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Melissa Barnett, Memphis, Tennessee, Pro se.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; and Stephen Crump, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: NORMA MCGEE OGLE

The petitioner, Melissa Barnett, appeals the trial court’s order denying post-conviction relief. The state has filed a motion requesting that this court affirm the trial court's judgment pursuant to Rule 20 of the Tennessee Court of Criminal Appeals. The petition is barred by the statute of limitations and was properly dismissed. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2005/barnettm120505.pdf


STATE OF TENNESSEE v. ROMELUS CARAWAY

Court: TCCA

Attorneys:

Paul K. Guibao, Memphis, Tennessee, for the Appellant, Romelus Caraway.

Paul G. Summers, Attorney General and Reporter; Brian C. Johnson, Assistant Attorney General; William L. Gibbons, District Attorney General; and Steve Jones, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: DAVID G. HAYES

The Appellant, Romelus Caraway, was convicted by a Shelby County jury of aggravated perjury. On appeal, Caraway argues that the evidence is insufficient to support his conviction. After review, we conclude that the proof fails to establish that Caraway’s perjurious testimony was material to the proceeding at which the testimony was presented. Because materiality is an essential element of the offense of aggravated perjury, we reduce Caraway’s conviction to reflect a conviction for the lesser included offense of simple perjury.

http://www.tba2.org/tba_files/TCCA/2005/carawayOPN.pdf


STATE OF TENNESSEE v. CHARLES EDWARD GREER

Court: TCCA

Attorneys:

Benjamin C. Mayo, Jackson, Tennessee, for the appellant, Charles Edward Greer.

Paul G. Summers, Attorney General & Reporter; Brian C. Johnson, Assistant Attorney General; and Angela R. Scott, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GARY R. WADE



http://www.tba2.org/tba_files/TCCA/2005/greerc120505.pdf


TODAY'S NEWS

Legal News
BPR Actions

Legal News
Comment on proposed criminal procedure changes due Dec. 29
The Tennessee Supreme Court earlier this week published for comment proposed amendments to the Rules of Criminal Procedure. The deadline for submission of comments is Dec. 29.
Click here for more
Commission to fill spots in 10th and 11th districts
The Judicial Selection Commission will meet soon to consider filling positions in both the 10th and 11th judicial districts. On Dec. 16 the commission will meet at 9 a.m. at the Bradley County Courthouse in Cleveland to consider the vacancy in the Criminal Court of the 10th Judicial District (Bradley, McMinn, Monroe and Polk counties). Candidates applying before the Dec. 2 deadline are Amy F. Armstrong Reedy, Sandra Craig Donaghy and James Stutts. The commission will meet Jan. 6, 2006, at the Chattanooga Marriott to start the process to fill the vacancy in the Criminal Court of the 11th Judicial District. The deadline to apply is Dec. 16.
Click here for more
BPR Actions
Memphis lawyer publicly censured
Robert E. Tribble Jr. of Memphis was publicly censured by the Board of Professional Responsibility on Nov. 29. The censure was issued by the Board pursuant to Rule 9, Section 8 of the Rules of the Tennessee Supreme Court.
Click here for more

 
 
UNSUBSCRIBE TO TBAToday? ... SURELY NOT!
But if you must, visit the TBALink web site at: http://www.tba2.org/tbatoday/unsub_tbatoday.php

TBALink HomeContact UsPageFinderWhat's NewHelp
 
 
© Copyright 2005 Tennessee Bar Association