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Court offers amendments to rules
The Tennessee Supreme Court has promulgated, subject to legislative approval, amendments to the Rules of Appellate Procedure, Rules of Civil Procedure, Rules of Juvenile Procedure and Rules of Evidence. The final rules are substantially the same as those published by the court in September, with a change in the Rules of Appellate Procedure to require written reasons for denial of leave to proceed as a poor person by appellate courts. The rules changes will be effective July 1 2006, if ratified by resolutions of both houses of the General Assembly.
http://www.tba2.org/tbatoday/news/2006/rulechanges_010405.pdf
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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.
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00 - Formal Ethics Opinions - BPR
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink
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WANDA BARRON and RONALD BARRON v. LOUISE STEPHENSON
d/b/a LOUISE LEARNING TREE
Court: TCA
Attorneys:
Erich M. Shultz, Memphis, TN, for Appellant.
Kevin D. Bernstein, Memphis, TN, for Appelle.
Judge: HIGHERS
In this appeal, we are called upon to evaluate the trial court’s grant of summary judgment to the
defendant in a premises liability suit. After reviewing the record, we hold that the plaintiff failed to
establish that the defendant owed her a duty of care. Specifically, the plaintiff failed to offer any
proof tending to show that the ramp on which she slipped and fell constituted a defective and/or
dangerous condition. Accordingly, we affirm the trial court’s grant of summary judgment to the
defendant.
http://www.tba2.org/tba_files/TCA/2006/barronw1406.pdf
YELENA UTKINA KESTERSON v. THOMAS MICHAEL KESTERSON, ET AL.
Court: TCA
Attorneys:
W. Brown Hawley, II, Paris, TN, for Appellant.
Larry J. Logan, McKenzie, TN, for Appellees.
Judge: HIGHERS
This case involves issues arising out of the parties’ divorce. The chancery court designated and
divided the parties’ assets and placed an equitable lien on the separate property of the husband. The
chancery court did not award alimony or attorney’s fees and discretionary costs to the wife. We
affirm in part, vacate in part, reverse in part, and remand for further proceedings. Further, we decline
to award attorney’s fees and costs on appeal.
http://www.tba2.org/tba_files/TCA/2006/kestersony1406.pdf
AMSOUTH BANK v. DOUGLAS A. SOLTIS, ET AL.
Court: TCA
Attorneys:
Douglas A. Soltis and Bonnie Soltis, Seymour, Tennessee, Appellants, Pro Se.
Christopher W. Conner at trial, Lars E. Schuller and Alisa Peppel Schuller on appeal, Knoxville,
Tennessee, for the Appellee.
Judge: LEE
This is a suit for collection of a credit card debt. AmSouth Bank (“AmSouth”) filed a complaint on
a sworn account seeking a judgment against Mr. and Mrs. Soltis for the unpaid balance on three
credit card accounts. Mr. and Mrs. Soltis answered and denied AmSouth was entitled to any relief.
AmSouth filed a motion for summary judgment. Mr. and Mrs. Soltis responded by filing three
documents entitled “Verified Application to Confirm and Enforce Arbitration Award” and three
“Award” documents indicating that AmSouth Bank owed Mr. and Mrs. Soltis money. The parties
had not agreed to arbitration and had not participated in arbitration. The trial court granted
AmSouth’s motion for summary judgment and Mr. and Mrs. Soltis appealed. The issue presented
on appeal is whether the trial court erred in granting AmSouth’s motion for summary judgment and
in entering judgment against Mr. and Mrs. Soltis. After careful review of the record and applicable
authorities, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCA/2006/soltisd1406.pdf
KENNY VAUGHN, ET AL. v. NOTIE L. CUNNINGHAM, ET AL.
Court: TCA
Attorneys:
J. Taylor Walker and Thomas H. O’Neal, Chattanooga, Tennessee for the Appeallants, Kenny Vaughn and wife, Barbara Vaughn
Angela Cirina Kopet and Christine M. Vanasse, Chattanooga, Tennessee for the Appellee, Notie
L. Cunningham.
Scott M. Shaw, Chattanooga, Tennessee for the Appellee, John Doe.
Judge: SWINEY
Kenny Vaughn and Barbara Vaughn (“Plaintiffs” or “Mr. Vaughn” and “Mrs. Vaughn” as
appropriate) sued Notie L. Cunningham and John Doe concerning an automobile accident that
occurred in Hamilton County. The case was tried before a jury and the Trial Court entered
judgment on the jury’s verdict. The jury found John Doe 100% at fault for the accident, but
awarded Plaintiffs no damages. Plaintiffs appeal to this Court claiming that the jury verdict is
contrary to the evidence because the amount of damages is not within the range of
reasonableness, and that the Trial Court erred by not granting a new trial and by awarding court
costs against Plaintiffs. We affirm as modified.
http://www.tba2.org/tba_files/TCA/2006/vaughnk1406.pdf
STATE OF TENNESSEE v. MONSANTO UNDREZ CANNON
Court: TCCA
Attorneys:
Fannie J. Harris, Nashville, Tennessee, for the appellant, Monsanto Undrez Cannon.
Paul G. Summers, Attorney General and Reporter; Elizabeth Marney, Assistant
Attorney General; Mike McCown, District Attorney General; and Michael D. Randles and Ann
Filer, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: WELLES
The Defendant pled guilty to and was convicted of misdemeanor casual exchange of marijuana
not in excess of one-half ounce, Class E felony possession with intent for resale of not less than
one-half ounce nor more than ten pounds of marijuana, and possession of a handgun as a felon,
also a Class E felony. The Defendant was sentenced to eleven months and twenty-nine days for
his misdemeanor conviction, and three years as a Range II, multiple offender for each felony
conviction. The trial court ordered the two felony conviction sentences to be served
consecutively, for an effective six year term of incarceration. On appeal, the Defendant
challenges his sentence, claiming the court erred by: 1) imposing consecutive sentences, and 2)
denying alternative sentencing. We affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2006/cannonm1406.pdf
TERRY LYNN ROBERTS v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Steven L. West, McKenzie, Tennessee, for the appellant, Terry Lynn Roberts.
Paul G. Summers, Attorney General and Reporter; Leslie Price, Assistant Attorney General; G.
Robert Radford, District Attorney General; and Stephen D. Jackson, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: GLENN
The petitioner, Terry Lynn Roberts, was convicted of rape of a child, aggravated sexual battery,
and rape and sentenced, respectively, to terms of twenty-five years, eleven years, and twelve
years, with the sentences to be served consecutively. The convictions and sentences were
affirmed on direct appeal, with the petitioner then filing a petition for post-conviction relief,
relying on the holding in Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004), and
asserting that it should be applied retroactively and, as a result, the court erred in enhancing his
sentences. The post-conviction court dismissed the petition, and we concur in that dismissal.
http://www.tba2.org/tba_files/TCCA/2006/robertst1406.pdf
STATE OF TENNESSEE v. TROY WAYNE STEPP
Court: TCCA
Attorneys:
David S. Stockton, Assistant Public Defender, for the appellant, Troy Wayne Stepp.
Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney
General; Elizabeth T. Rice, District Attorney General; and James Walter Freeland, Jr., Assistant
District Attorney General, for the appellee, State of Tennessee.
Judge: GLENN
The defendant, Troy Wayne Stepp, was convicted of delivery of a Schedule II controlled
substance, methamphetamine, a Class C felony, and sentenced as a multiple offender to eight
years in the Department of Correction. On appeal, he argues: (1) the trial court erred in allowing
the introduction of a transcript of a taped-recorded conversation; and (2) the evidence was
insufficient to support his conviction. Following our review, we affirm the judgment of the trial
court.
http://www.tba2.org/tba_files/TCCA/2006/steppt1406.pdf
MARCUS E. THOMPSON v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Larry R. Dillow, Kingsport, Tennessee, for the appellant, Marcus E. Thompson.
Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General;
H. Greeley Wells, Jr., District Attorney General; and Robert H. Montgomery, Jr., Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: GLENN
The petitioner, Marcus E. Thompson, appeals the denial of his petition for post-conviction relief,
arguing that the post-conviction court erred in finding he received effective assistance of trial and
appellate counsel. Following our review, we affirm the denial of the petition.
http://www.tba2.org/tba_files/TCCA/2006/thompsonm1406.pdf
STATE OF TENNESSEE v. BERNARD MIGUEL WALLACE
Court: TCCA
Attorneys:
Curtis F. Hopper, Savannah, Tennessee, for the appellant, Bernard Miguel Wallace.
Paul G. Summers, Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General;
G. Robert Radford, District Attorney General; and John W. Overton, Jr., Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: GLENN
The defendant, Bernard Miguel Wallace, was convicted by a Hardin County jury of the sale of
under .5 grams of a Schedule II controlled substance, cocaine, a Class C felony. He was
sentenced as a Range II, multiple offender to nine years in the Department of Correction and
fined $2000. On appeal, he argues: (1) the evidence was insufficient to support his conviction;
and (2) his sentence is illegal pursuant to Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531
(2004). Following our review, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2006/wallaceb1406.pdf
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| TODAY'S NEWS |
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Legal News
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| Legal News |
| Prominent Chattanooga attorney dies after long illness |
| Phillip A. Fleissner, 60, of Soddy-Daisy, a prominent Chattanooga attorney, died Monday at his home after a lengthy illness. |
fleissner_010405.html
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| Rogersville attorney named president of trial advocates organization |
| Rogersville attorney Mark S. Stapleton was recently elected president of the Tennessee chapter of the American Board of Trial Advocates according to the Citizen Tribune. |
3&idarticle=2324
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| ABA announces professionalism awards |
| Nominations are now being accepted for the sixteenth annual E. Smythe Gambrell Professionalism Awards, which recognize projects that enhance professionalism among lawyers. Bar associations, law schools, law firms and other not-for-profit law related organizations are eligible to apply. Entry forms and guidelines are available online at |
gambrell.html
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| Republican primary likely to fill judge's post |
| Assistant District Attorney Rob Montgomery Tuesday told a Kingsport Republican group that he would resign his office next month if he moves ahead with plans to run for criminal court judge in the 2nd Judicial District – a seat currently held by Judge Phyllis Miller who has announced her intentions not to seek re-election. The Kingsport Times News reports that Montgomery likely will face County Commissioner Ray Conkin in a Republican primary. |
article.dna?_StoryID=3586500
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| ABA rates Supreme Court nominee Alito as well qualified |
| Supreme Court nominee Samuel Alito has been given the American Bar Association's highest rating for professional stature and integrity as he prepares for confirmation hearings next week. The unanimous vote of the 15-member committee was delivered Wednesday to the Senate Judiciary Committee, reports CNN. |
alito/index.html
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