New online CLE courses will help you meet 2005 requirements

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.

http://www.tnbaru.com/coursecatalog.php#

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.

02 - TN Supreme Court
00 - TN Worker's 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

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

STATE OF TENNESSEE v. SHEILA TERESA GAYE BOBADILLA and BENJAMIN BERNAL BOBADILLA
CORRECTED OPINION - ORIGINALLY ISSUED 11-30-2005

Court: TSC

Attorneys:

J. Russell Pryor, Greeneville, Tennessee, for the Appellant, Benjamin B. Bobadilla.T. Wood Smith, Greeneville, Tennessee, for the Appellant, Sheila Bobadilla.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General;Elizabeth T. Ryan, Assistant Attorney General, for the Appellee, State of Tennessee.

Judge: BIRCH

We accepted review of this cause under the Tennessee Rules of Appellate Procedure, Rule 11, inorder to address a question properly preserved and certified pursuant to the provisions of the Tennessee Rules of Criminal Procedure, Rule 37(b)(2). The question, as certified, is: “Whetherthe search warrant and accompanying affidavit that led to the search of the defendant’s residence violated the United States and Tennessee Constitutions as well as Tennessee Rule ofCriminal Procedure 41(c), so as to render all of the evidence seized pursuant thereto, illegal and inadmissible.” In our painstaking review of the record, we have determined that the search warrant was notissued in accordance with the requirements of the Tennessee Rules of Criminal Procedure, specifically Rule 41(c). Thus, we hold the search conducted pursuant to the warrantunreasonable and the evidence obtained as a result inadmissible. Accordingly, the judgment of the Court of Criminal Appeals, affirming the trial court’s judgment on other grounds is reversed,and the indictment in this case is dismissed.

CORRECTED OPINION
http://www.tba2.org/tba_files/TSC/2005/bobadillas120705.pdf


SUNIL KAWATRA v. NEELAM MANTRI KAWATRA

Court: TSC

Attorneys:

Robert G. Ingrum, Gallatin, Tennessee, for the Appellant, Sunil Kawatra.

Alan Dale Johnson, Alfred H. Knight, Mary Arline Evans, and Tyree Bryson Harris IV, Nashville, Tennessee, for the Appellee, Neelam Mantri Kawatra.

Judge: HOLDER

This case involves a petition to relocate pursuant to Tennessee Code Annotated section 36-6-108 (2001). To determine whether the parties in a relocation case are spending substantially equal intervals of time with their child, the “time actually spent” with each parent should be computed in units of a day. The number of days to be credited to each parent should be based upon an examination of the residential schedule, additional time not reflected in the residential schedule, and adjustments for any violations to the residential schedule. To allocate a day for which both parents claim credit, the trial court should examine the hours that each parent actually spent with the child on that day, the activities in which each parent participated with the child, the resources that each parent expended on the child’s behalf, and any other factor that the trial court considers to be relevant. After careful consideration of the record, we conclude that the parties were not spending substantially equal intervals of time with the child. Because the mother was spending a greater amount of time with the child, she should be permitted to relocate with the child pursuant to Tennessee Code Annotated section 36-6-108(d) (2001). Accordingly, the judgment of the Court of Appeals is affirmed as modified, and the case is remanded to the trial court for further proceedings consistent with this opinion.

http://www.tba2.org/tba_files/TSC/2005/kawatas120705.pdf


GREGORY NORMAN v. THOMAS C. COLEMAN, JR.

Court: TCA

Attorneys:

Gregory Norman, Jamestown, Tennessee, appellant, Pro Se.

Linda J. Hamilton Mowles, Knoxville, Tennessee, for the appellee, Thomas C. Coleman, Jr.

Judge: COTTRELL

Former client appeals summary judgment dismissing his malpractice claim against former attorney and refusal of trial judge hearing malpractice case by interchange to grant recusal request. We affirm the trial court on both issues.

http://www.tba2.org/tba_files/TCA/2005/normang120705.pdf


BYRON C. WELLS v. A. C. WHARTON, JR., ET AL.

Court: TCA

Attorneys:

Byron C. Wells, Memphis, TN, pro se

Brian L. Kuhn, Shelby County Attorney, Memphis, TN, for Appellees

Judge: HIGHERS

In this appeal, we are asked to determine multiple issues including whether the chancery court erred when it granted the defendants’ motion to dismiss for failure to state a claim upon which relief may be granted. The plaintiff contends that there were numerous claims made in his complaint sufficient to survive defendants’ motion to dismiss. The plaintiff, acting pro se, filed an appeal to this Court. We affirm in part and reverse in part and remand.

http://www.tba2.org/tba_files/TCA/2005/wellsb120705.pdf


TODAY'S NEWS

Legal News
Upcoming CLE Programs

Legal News
IRS sets new mileage rate for 2006
The Internal Revenue Service Tuesday set a new mileage rate for calculating the deductible costs of operating an automobile. The 44.5 cents per mile rate goes into effect Jan. 1. This also will become the rate used by the TBA for mileage reimbursements. The rate in 2005 was 40.5 cents for the first eight months of the year, but rose to 48.5 cents per mile in September following Hurricane Katrina.

Lawyers needed to help teens make wise life choices
The TBA Young Lawyers Division in conjunction with the TBA Family Law Section is looking for volunteers to present a new life skills program in high schools across the state. For several years, Tennessee has ranked near the top of the nation in divorce rates and personal bankruptcies (which often stem from divorces). This new program, called "Building Healthy Relationships," teaches young people how to make wise life choices about finances, marriage and divorce. The program began as a pilot in Memphis area schools. Its success has led the TBA to offer the curriculum statewide with a goal of presenting the material in at least one high school in each judicial district. Volunteers still are needed in judicial districts 19, 23, 24, 27, 28 and 29. If you would like to get involved in this program, contact YLD Children's Issues Committee Chair Tasha Blakney at tblakney@eblaw.us

Upcoming CLE Programs
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.
judicialcampaign_2005.html
Special offer for last-minute CLE program
TennBarU is offering more than 150 hours of video replays (100+ ethics hours) between Dec. 27 and Dec. 30 at the Tennessee Bar Center in Nashville. We still need moderators to fill some of the three hour shifts -- moderators will earn 6 hours credit for each shift. Interested? Call TennBarU Administrator Kathleen Caillouette at (615) 383-7421 and schedule your shift today.
endofyear_2005.html

 
 
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