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Ethics bills now face conference committee
Last night the state House passed its version of ethics reform by a vote of 94-2. Reps. Brian Kelsey, R-Germantown, and Jere Hargrove, D-Cookeville, voted no. Negotiators from each chamber likely will meet later this week and possibly into the weekend to work out differences between the House and Senate versions, the Tennessean reports
http://www.tennessean.com/apps/pbcs.dll/article?AID=/20060201/NEWS0201/602010417
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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.
00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
05 - TN Court of Appeals
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01 - TN Attorney General Opinions
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00 - Formal Ethics Opinions - BPR
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This option will allow you to download the original version of the opinion.
Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink
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JAMES A. HODGE v. STATE OF TENNESSEE
Court: TCA
Attorneys:
Wm. Kennerly Burger, Murfreesboro, Tennessee, for the appellant, James A. Hodge.
Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and George
H. Coffin, Jr., Senior Counsel, for the appellee, State of Tennessee.
Judge: KOCH
This appeal involves a motorcycle rider who was seriously injured while crossing two heavy steel
plates placed over the surface of a portion of a state highway that was under construction. The rider
filed a claim with the Tennessee Claims Commission asserting that the front tire of his motorcycle
became lodged in a gap between the two steel plates and that this gap was the dangerous condition
that caused his injuries. Following a hearing, a claims commissioner dismissed the claim after
concluding (1) that the rider had failed to prove that the State, rather than the highway contractor,
was responsible for maintaining the steel plates, (2) that the rider had failed to prove that the State
had notice of the gap between the plates, and (3) that the rider’s negligence exceeded that of the
State. The motorcycle rider has appealed. We have determined that the claims commissioner erred
by concluding that the State was not on notice of the dangerous condition on the highway and that
the motorcycle rider’s negligence exceeded the State’s negligence.
http://www.tba2.org/tba_files/TCA/2006/hodgej020106.pdf
WILLIE JOHNSON v. CORRECTIONS CORPORATION OF AMERICA
Court: TCA
Attorneys:
Willie Johnson, Henning, Tennessee, Pro Se.
James I. Pentecost, K. Michelle Booth, Jackson, Tennessee, for the appellee, Corrections
Corporation of America.
Judge: COTTRELL
An inmate incarcerated in a prison operated by Corrections Corporation of America sued the
corporation for damages arising from its alleged failure to provide him with proper dental care while
he was in its custody. The defendant filed a motion to dismiss for improper venue and/or for
untimeliness. The trial court granted the motion and dismissed the case with prejudice, but did not
state the reason for its decision. We affirm the trial court because the one-year statute of limitations
had passed before the plaintiff filed his complaint.
http://www.tba2.org/tba_files/TCA/2006/johnsonw020106.pdf
JAMES ROSS KEITH v. JORDAN ASHLEY SURRATT
Court: TCA
Attorneys:
Frank Lannom, Lebanon, Tennessee, for the appellant, James Ross Keith.
Stephen W. Pate, Murfreesboro, Tennessee, for the appellee, Jordan Ashley Surratt.
Judge: LEE
In this child custody case, Father appeals and argues that the trial court erred in awarding Mother
primary residential custody of the parties' twin minor children. Mother also appeals and argues that
the trial court erred in setting Father's child support, in failing to assess her attorney's fees against
Father, and in changing the children's surname to that of Father. After careful review of the evidence
and applicable authorities, we find no error and affirm the judgment of the trial court in all respects.
http://www.tba2.org/tba_files/TCA/2006/keithj020106.pdf
ALLISON LYN SIMMONS v. RICHARD LEE SIMMONS
Court: TCA
Attorneys:
Rosemary E. Phillips, Goodlettsville, Tennessee, for the appellant, Richard Lee Simmons.
Kimberly L. Reed-Bracey, Goodlettsville, Tennessee, for the appellee, Allison Lyn Simmons.
Judge: CLEMENT
Both parties appeal aspects of the final divorce decree. Husband contends the trial court erred by
awarding wife transitional alimony in excess of his ability to pay and in excess of her need. Wife
raises six issues, contending she should have been granted the divorce due to his abuse; that child
support should be increased; that she should be awarded the tax deductions for all three children; that
she should be named trustee of life insurance for the benefit of the children; and that husband should
pay her attorney fees at trial and on appeal. We affirm the trial court in all respects but one, finding
the transitional alimony was set at an amount greater than husband’s ability to pay.
http://www.tba2.org/tba_files/TCA/2006/simmonsa020106.pdf
UNITED STATES AVIATION UNDERWRITERS, INC., ET AL. v. JACQUELYN TEAL SELLE, a/k/a TEAL DUGGER SELLE, ET AL.
Court: TCA
Attorneys:
Scott C. Williams and Keli S. Stewart, Nashville, Tennessee, for the appellant, Patricia B. Selle.
William S. Fleming and Michael D. Cox, Columbia, Tennessee, for the appellee, Jacquelyn Teal
Selle.
Judge: FARMER
Curtis M. Selle (“Decedent”), an employee of Haulers Insurance Company, Inc. (“Haulers”), died
while piloting a plane in the course of his employment with Haulers. Haulers had insurance
coverage provided by United States Aviation Underwriter’s, Inc. (“Plaintiff”) which included a
“Voluntary Settlement Coverage” provision. This provision provided for the payment of up to
$250,000 to or for a party injured as the result of a plane crash in exchange for waiver of all claims
of liability against Haulers. A dispute subsequently arose between Decedent’s mother, Patricia Selle
(“Appellant”), and Decedent’s widow, Jacquelyn Teal Selle (“Appellee”), as to who should receive
the $250,000 proceeds from the voluntary settlement provision. Appellant argued that the terms of
the policy provided that she, as the alleged residuary beneficiary of Decedent’s estate, should receive
the funds. However, the trial court held that the proceeds inured to Appellee as the proceeds of a life
insurance policy under Tenn. Code Ann. § 56-7-201 and/or as the proceeds of a wrongful death
settlement under Tenn. Code Ann. § 20-5-106. Appellant appeals. We affirm the trial court’s
holding that the proceeds from the voluntary settlement provision constitute the settlement of a
wrongful death claim and thus inure to Appellee under Tenn. Code Ann. § 20-5-106.
http://www.tba2.org/tba_files/TCA/2006/usaviation020106.pdf
FREDDY LEE PARRISH, JR. v. DAVID MILLS, STATE OF TENNESSEE
Court: TCCA
Attorneys:
Freddy Lee Parrish, Jr., pro se.
Paul G. Summers, Attorney General & Reporter; Seth P. Kestner, Assistant Attorney General,
for the appellee, the State of Tennessee.
Judge: WILLIAMS
The Petitioner, Freddy Lee Parrish, Jr., appeals the trial court’s denial of his petition for habeas
corpus relief. The State has filed a motion requesting that this Court affirm the trial court
pursuant to Rule 20, Rules of the Court of Criminal Appeals. The State’s motion is granted. The
judgment of the trial court is affirmed.
http://www.tba2.org/tba_files/TCCA/2006/parrishf020106.pdf
STATE OF TENNESSEE v. AL M. WILLIAMS
Court: TCCA
Attorneys:
John Candy, Memphis, Tennessee, for the appellant, Al M. Williams.
Paul G. Summers, Attorney General and Reporter; Brian Clay Johnson, Assistant Attorney
General; William L. Gibbons, District Attorney General; and Stephen P. Jones, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: GLENN
The defendant was convicted of attempted second degree murder and sentenced as a Range II,
multiple offender to confinement for nineteen years to be served consecutively to two prior
sentences. In his appeal, he argues that the trial court erred in allowing hearsay testimony as to
the desire of one of the witnesses, prior to the incident, to leave the house where the offense
occurred, and that the evidence is insufficient to sustain the conviction. Following our review,
we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2006/williamsa020106.pdf
RAHIM AL ZARKANI v. DAVID G. MILLS, STATE OF TENNESSEE
Court: TCCA
Attorneys:
Rahim Al Zarkani, pro se.
Paul G. Summers, Attorney General & Reporter; Mark A. Fulks, Assistant Attorney General, for
the appellee, the State of Tennessee.
Judge: GLENN
The Petitioner, Rahim Al Zarkani, appeals the trial court’s denial of his petition for habeas
corpus relief. The State has filed a motion requesting that this Court affirm the trial court
pursuant to Rule 20, Rules of the Court of Criminal Appeals. The State’s motion is granted. The
judgment of the trial court is affirmed.
http://www.tba2.org/tba_files/TCCA/2006/zarkanir020106.pdf
Emergency 911 Employment of Aliens
TN Attorney General Opinions
Date: 2006-02-01
Opinion Number: 06-022
http://www.tba2.org/tba_files/AG/2006/ag_06-22.pdf
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| TODAY'S NEWS |
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Legal News
Legislative News
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| Legal News |
| DA Bottoms to chair Judicial Selection Commission |
| Mike Bottoms, District Attorney General for the 22nd Judicial District, has been chosen to chair the Tennessee Judicial Selection Commission by fellow commissioners. The commission screens applicants for court vacancies and recommends candidates to the governor. |
Read the AOC's announcement
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| February TBJ online |
| The February issue of the Tennessee Bar Journal is online and coming to your mailbox. Read about estate planning strategies to help clients keep property in the family, an update on the Tennessee Consumer Protection Act, and a personal account from former Tennessee Supreme Court Chief Justice Frank F. Drowota III of the changes he saw in the court in the last 35 years. |
Download a pdf of the TBJ or view it in word-searchable text
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| Will Bredesen again consider Koch? |
| In an editorial today, the Nashville City Paper poses the question of whether Gov. Bredesen will consider Court of Appeals Judge William Koch to replace either Riley Anderson or Adolpho Birch Jr. on the state Supreme Court. In choosing a replacement for retiring Justice Frank Drowota, Bredesen narrowed the field to Koch and Connie Clark, who ultimately received the appointment. |
Read the opinion piece
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| Federal prosecutor says 'wink and nod' enough to prove extortion |
| An assistant U.S. attorney working on the Tennessee Waltz case argued in a memo to the court that the government does not have to produce a verbal or written agreement to prove that an official act was performed in exchange for money. The memo also argued that the government does not have to prove that a defendant personally benefited from the arrangement. |
Read the full story at Nashville Channel 4 online
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| Bush calls for medical liability reform |
| In his State of the Union speech last night President Bush called on Congress to enact medical liability reform this year, arguing that lawsuits are driving good doctors out of practice and depriving Americans of quality care. |
Read the full speech
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| Legislative News |
| Ford extortion trial delayed |
| Judge Daniel Breen today delayed the trial of former state Sen. John Ford until Oct. 2 at the request of Ford's attorney. The trial had been scheduled to begin on Monday. |
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| Judge denies Ophelia Ford's plea for relief |
| U.S. District Judge Bernice Donald today denied Ford's request for a preliminary injunction to stop the state Senate from voting whether to oust her. The Senate has been considering alleged improprieties in the September special election that brought Ford to power but action was put on hold when the judge imposed a restraining order on the body two weeks ago. |
Read the Commercial Appeal story
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| Track legislation of interest to Tennessee attorneys |
| The TBA Action List tracks bills in the General Assembly that the TBA has a direct interest in. This means it has either initiated the legislation, taken a position on the bill or has a policy on the issue. The TBA Watch List is a broader list of bills of interest to the Tennessee legal community. |
TBA Bill Tracking Service
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