Register now for Judicial Campaign Ethics Seminar

As stewards of our judicial system the bar has an obligation to assure that next year's judicial elections enhance the fair and impartial administration of justice. To that end the TBA is undertaking a program of education on judicial campaign ethics and considering other steps to foster appropriate judicial election behavior by all involved. The program will be held Dec. 10 in Nashville at the Frist Center for the Visual Arts.

https://www.tba.org/onsiteinfo/judicialcampaign_2005.html

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
01 - TN Supreme Court - Rules
03 - TN Court of Appeals
02 - 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

SUPREME COURT OF TENNESSEE-SUPREME COURT DISCRETIONARY APPEALS
Corrected List: List Originally Issued 12/5/2005

Court: TSC-Rules

Corrected List
http://www.tba2.org/tba_files/TSC_Rules/2005/certlist12605.pdf

CITY OF SOUTH PITTSBURG, TENNESSEE v. JOHN N. SHELLEY, II ET AL

Court: TCA

Attorneys:

J. Harvey Cameron, Jasper, Tennessee, for the appellants, John N. Shelley, II, Mary Shelley, James E. Cooper, and Alice L. Cooper.

Tracy C. Wooden, Chattanooga, Tennessee, for the appellee, City of South Pittsburg, Tennessee.

Judge: KOCH

This application for an interlocutory appeal arises out of a condemnation action filed by the City of South Pittsburg. The sole issue on appeal concerns the landowners’ use of an unrecorded and unapproved plat of a proposed subdivision to establish the fair market value of the property. The City filed a motion in limine to disallow the use of the plat. The trial court, relying on Davidson County Bd. of Ed. v. First Am. Nat. Bank, 202 Tenn. 9, 301 S.W.2d 905 (1957), determined that the landowners could not introduce the plat into evidence nor could their expert use the plat in his testimony to establish fair market value. The trial court subsequently granted the landowners an interlocutory appeal pursuant to Tenn. R. App. P. 9. We concur with the trial court that this is an appropriate case for an interlocutory appeal. We also conclude that the plat may be introduced and used in ways consistent with Davidson County Bd. of Ed., and we thus vacate the trial court’s order categorically prohibiting its introduction and use.1

http://www.tba2.org/tba_files/TCA/2005/southpittsburg12605.pdf


LEVOYD M. TALLEY, ET AL. v. ESTATE OF ROBERT HODGE, JR., DECEASED

Court: TCA

Attorneys:

Walter W. Bussart, Lewisburg, Tennessee, for the appellant, Mary F. Talley.

William A. Lockett, Chattanooga, Tennessee, for the appellee, Estate of Robert Hodge, Jr.

Judge: CAIN

Plaintiffs driver and passenger sued the estate of deceased Defendant driver for negligent operation of his vehicle. The jury found in favor of Defendant as to both Plaintiffs’ claims. Plaintiff passenger appealed after the trial court denied her motion for a new trial. We affirm the decision of trial court.

http://www.tba2.org/tba_files/TCA/2005/talleyl12605.pdf


STACE LEE THOMPSON v. THE CITY OF LAVERGNE
Corrected Case: attorney and client names corrected
case originally released 11/16/2005


Court: TCA

Attorneys:

Keith F. Blue and Molly R. Cripps, Nashville, Tennessee, for the appellant, The City of Lavergne.

Roger S. Waldron and Terry A. Fann, Murfreesboro, Tennessee, for the appellee, Stace Lee Thompson.

Judge: HARRIS

This appeal involves an action brought by Lieutenant Stace Thompson of the City of LaVergne Police Department under the Tennessee Human Rights Act. Lt. Thompson alleged he was demoted as a result of investigating the alleged sexual harassment of a police officer within the department by the administrative assistant to the Chief of Police. After a trial by jury, judgment was rendered in favor of Lt. Thompson in the amount of $300,000.00 for embarrassment and humiliation and $4,000.00 for lossaffirm.

Corrected Case
http://www.tba2.org/tba_files/TCA/2005/thompsons12605.pdf


STATE OF TENNESSEE v. GABRIAL AYUEL

Court: TCCA

Attorneys:

Kathleen G. Morris, Nashville, Tennessee, for the appellant, Gabrial Ayuel.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Renee Erb, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, Gabrial Ayuel, was convicted by a Davidson County jury of attempted first-degree murder and sentenced to twenty years as a Range I standard offender. On appeal, the defendant raises five issues: (1) juror misconduct; (2) prosecutorial misconduct; (3) erroneous evidentiary rulings; (4) improper disclosure of unrelated, outstanding warrants; and (5) sufficiency of theconvicting evidence. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2005/ayuelg12605.pdf


STATE OF TENNESSEE v. DAVID M. WHITMAN, JR.

Court: TCCA

Attorneys:

V. Michael Fox and Doug Thurman, Nashville, Tennessee for the appellant, David M. Whitman, Jr.

Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and James Sledge and Michael Rohling, Assistant District Attorney Generals, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant was indicted on two counts of driving under the influence (DUI). After a bench trial, the defendant was found guilty of both counts, but the trial court merged the counts into one conviction for DUI. The trial court sentenced the defendant to eleven months and twenty-nine days in the county jail, to be suspended after serving forty-eight hours in jail. The trial court also revoked the defendant’s license for one year and imposed a three hundred fifty dollar fine. On appeal, the defendant argues that: (1) the arresting officer did not have reasonable suspicion to stop his vehicle; (2) the test results from the breath-alcohol test were inadmissible because the officer failed to observe him for the requisite twenty minutes prior to the administration of the test; and (3) the evidence was insufficient to support his conviction. After review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2005/whitmand12605.pdf


TODAY'S NEWS

Legal News
Online CLE

Legal News
Court rules Gramm-Leach-Bliley privacy rules do not apply to lawyers
The privacy provisions of Title V of the Gramm-Leach-Bliley Act (“GLBA”) do not apply to lawyers the U.S. Court of Appeals for the District of Columbia Circuit ruled today. The court said, “…we cannot hold that Congress has directly and plainly granted the (Federal Trade) Commission the authority to regulate practicing attorneys as the Commission attempts.” The Tennessee Bar Association had joined in support of the case originally filed by the New York Bar Association.
04-5257.pdf
Can you help with Child Dependency trainer program?
The Tennessee Bar Association and the Administrative Office of the Courts are recruiting experienced attorneys in child dependency cases to participate in a "Child Dependency Train the Trainer Program" Feb. 13-14, in Nashville. The program will provide education for a core group of attorneys on child dependency and termination of parental rights law with the goal of having them return to their communities and train others. The program is designed to increase the number of attorneys trained to serve as guardians ad litem or represent parents in dependency, neglect and termination of rights cases. Applications for the program are due by Dec. 31 and may be obtained by contacting Leslie Barrett Kinkead at the AOC at 615-741-2687 or leslie.kinkead@tscmail.state.tn.us.

Online CLE
Two new online courses available on TennBarU
Many court cases are decided, not at trial, but at pretrial hearings on search and seizure questions. Learn what the latest cases hold in this important area of criminal procedure from this new course. Also new is a course that addresses the effect of the adoption of comparative fault on those common law tort doctrines that you learned in Torts 101. Scenarios and hypotheticals will raise issues and illustrate the problems that can arise when an important change in the law occurs by judicial fiat, leaving other doctrines uncertainly affected or even abrogated.
coursecatalog.php

 
 
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