| |
TBA SearchLink now more powerful than ever
Our new Google search engine allows TBA members to search our database of Tennessee appellate court decisions from 1995, attorney general opinions from 2001, Tennessee Bar Journal articles from 1996 and more. In addition, you can open a text version of all opinions, whether they were created in Word Perfect or PDF format.
http://www.tba.org/tba_searchlink.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.
01 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
03 - TN Court of Appeals
06 - TN Court of Criminal Appeals
01 - 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. ROBERT PAGE
Court: TSC
Attorneys:
Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Tracey
Jones, Assistant Attorney General; William L. Gibbons, District Attorney General; and David H.
Findley, Assistant District Attorney General, for the appellant, State of Tennessee.
Paul Guibao and Larry Copeland, Memphis, Tennessee, for the appellee, Robert Page.
Judge: BIRCH
We granted the State’s application for permission to review this case pursuant to Tennessee Rule
of Appellate Procedure 11 in order to determine the constitutionality of Tennessee Code
Annotated section 40-18-110(c), which provides that failure to request a lesser-included offense
instruction in writing waives the right to assign it as an issue in a motion for a new trial or on
appeal. We conclude that section 40-18-110(c) renders the omission of instruction on lesser-
included offenses subject to the general rule that issues concerning instructions are considered
waived in the absence of objection or a written request, unless they contain plain error. Under
section 40-18-110(c), even absent a written request, the trial judge may still charge the jury on
applicable lesser-included offenses and an appellate court may still review a lesser-included
offense issue under the doctrine of plain error. We conclude, however, that the failure to instruct
on lesser-included offenses in the present case does not constitute plain error. Accordingly, we
reverse the judgment of the Court of Criminal Appeals.
http://www.tba2.org/tba_files/TSC/2006/pager020806.pdf
CHARLENE SINOR v. TIMOTHY BARR
Court: TCA
Attorneys:
Mike J. Urquhart, Nashville, Tennessee for the Appellant, Timothy Barr.
Paul G. Summers, Attorney General and Reporter and Warren Jasper, Assistant Attorney General,
Nashville, Tennessee for the Appellee, Charlene Sinor.
Judge: SWINEY
Charlene Sinor (Petitioner) filed a petition for contempt seeking, in part, to have Timothy Barr
(Respondent) found in criminal contempt for his failure to pay child support as ordered. After a
trial, the Trial Court held Respondent in criminal contempt finding six violations of the Trial Court’s
orders. Respondent appeals to this Court claiming that his conviction of criminal contempt was
based upon an improper evidentiary presumption and insufficient evidence. We reverse.
http://www.tba2.org/tba_files/TCA/2006/sinorc020806.pdf
STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES, v. T.M.B.K.
Court: TCA
Attorneys:
D. Marty Lasley, Chattanooga, Tennessee, for the Appellant, T.M.B.K.
Paul G. Summers, Attorney General and Reporter, and Douglas Dimond, Senior Counsel, General
Civil Division, Nashville, Tennessee, for the Appellee, State of Tennessee, Department of Children's
Services.
Judge: LEE
In this appeal, T.M.B.K. (Mother) contends that the trial court erred in terminating her parental
rights and that the trial court lacked jurisdiction to adjudicate the initial child custody proceeding.
After careful review of the evidence and applicable authorities, we hold that the trial court had
subject matter jurisdiction and the evidence does not preponderate against the trial court’s finding
by clear and convincing evidence of abandonment and substantial noncompliance with the
permanency plan. We futher hold that the evidence preponderates against the trial court’s finding
by clear and convincing evidence of a failure to remedy persistent conditions. Therefore, we affirm
in part and reverse in part.
http://www.tba2.org/tba_files/TCA/2006/tmbk020806.pdf
BRENDA WOODS, TAWANA POLK, JONATHAN JOY AND CLIFTON POLK
v.
CATHY N. JONES, ADMINISTRATOR OF ELECTIONS, HARDEMAN COUNTY ELECTION COMMISSION;
YVONNE ALLEN, HARDEMAN COUNTY ELECTION COMMISSIONER;
CARL GIBSON, HARDEMAN COUNTY ELECTION COMMISSIONER;
THAREN E. HALEY, HARDEMAN COUNTY ELECTION COMMISSIONER; JAMES E. HICKS, HARDEMAN COUNTY ELECTION COMMISSIONER; AND
JANET WELLONS, HARDEMAN COUNTY ELECTION COMMISSIONER
Court: TCA
Attorneys:
C. Michael Robbins, Memphis, Tennessee, for the appellants, Brenda Woods, Tawana Polk,
Jonathan Joy, and Clifton Polk.
W. Boyette Denton, Bolivar, Tennessee, for the appellees, Cathy N. Jones, Administrator of
Elections for the Hardeman County Election Commission, and Yvonne Allen, Carl Gibson, Tharen
E. Haley, James E. Hicks, and Janet Wellons, Hardeman County Election Commissioners.
Judge: KIRBY
This is an election contest. The plaintiffs were unsuccessful candidates for office in a municipal
election held on May 19, 2005. On June 3, 2005, they filed this election contest. The defendants
filed a motion to dismiss the lawsuit based on the special ten-day statute of limitations for election
contests, which is set out in T.C.A. Section 2-17-105. The trial court granted the motion to dismiss. The
plaintiffs now appeal. We reverse, concluding that, pursuant to Tennessee Rule of Civil Procedure
6.01, intermediate Saturdays, Sundays, and legal holidays are excluded from the computation of the
time in which the plaintiff must file suit.
http://www.tba2.org/tba_files/TCA/2006/woodsb020806.pdf
STATE OF TENNESSEE v. ROBERT FLUELLEN
Court: TCCA
Attorneys:
Irwin Cantor (at trial) and Gerald S. Green (on appeal), Memphis, Tennessee, for the Appellant,
Robert Fluellen.
Paul G. Summers, Attorney General and Reporter; Seth P. Kestner, Assistant Attorney General;
William L. Gibbons, District Attorney General; Alanda Dwyer, Assistant District Attorney
General, for the Appellee, State of Tennessee.
Judge: WEDEMEYER
Following a bench trial, the Defendant, Robert Fluellen, was convicted of one count of burglary
of a building, a Class D felony. The Defendant was sentenced as a multiple offender to six years
in the workhouse. On appeal, the Defendant contends that the evidence presented at his bench
trial is not sufficient to sustain his conviction. Finding no reversible error, we affirm the trial
court’s judgment.
http://www.tba2.org/tba_files/TCCA/2006/fluellenr020806.pdf
JOSEPH D. GAINES v. KEVIN MYERS, WARDEN
Court: TCCA
Attorneys:
Joseph D. Gaines, pro se.
Paul G. Summers, Attorney General & Reporter and Rachel E. Willis, Assistant Attorney General,
for the appellee, Kevin Myers, Warden.
Judge: WADE
The petitioner appeals the summary dismissal of his petition for writ of habeas corpus. In this
appeal, he asserts that the judgments are void because the indictment was defective. The judgment
of the trial court is affirmed.
http://www.tba2.org/tba_files/TCCA/2006/gainesj020806.pdf
STATE OF TENNESSEE v. SHANNON A. HOLLADAY
With Concurring Opinion
Court: TCCA
Attorneys:
Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General;
James N. Ramsey, District Attorney General; and Jan Hicks, Assistant District Attorney General,
for the appellant, State of Tennessee.
J. Thomas Marshall, Jr., District Public Defender, for the appellee, Shannon A. Holladay.
Judge: TIPTON
An Anderson County grand jury indicted the defendant, Shannon A. Holladay, for one count of
vehicular homicide by intoxication, a Class B felony, and one count of vehicular homicide by
recklessness, a Class C felony. Before trial, the defendant filed a motion to suppress the evidence
obtained from the air bag sensor module in the defendant’s car, which the Anderson County Criminal
Court granted. The state appeals, contending that the trial court erred in granting the defendant’s
motion to suppress. We dismiss this case for lack of jurisdiction.
http://www.tba2.org/tba_files/TCCA/2006/holladays020806.pdf
Concurring Opinion
http://www.tba2.org/tba_files/TCCA/2006/holladays_con020806.pdf
LARRY McKAY v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Larry McKay, Nashville, Tennessee, pro se.
Paul G. Summers, Attorney General and Reporter; C. Daniel Lins, Assistant Attorney General; and
Victor S. (Torry) Johnson III, District Attorney General, Dan Hamm, Assistant District Attorney
General, for the appellee, the State of Tennessee.
Judge: WOODALL
This matter is before the Court upon the State’s motion to affirm the judgment of the trial court by
memorandum opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petitioner
has appealed the trial court’s order summarily dismissing the petition for the writ of habeas corpus.
In that petition, the petitioner argues that his indictments were void because the applicable statute
under which he was indicted did not define the use of a deadly weapon as an element of first degree
murder. Upon a review of the record in this case we are persuaded that the trial court was correct
in summarily dismissing the habeas corpus petition and that this case meets the criteria for
affirmance pursuant to Rule 20, Rules of the Court of Criminal Appeals. Accordingly, the State’s
motion is granted and the judgment of the trial court is affirmed.
http://www.tba2.org/tba_files/TCCA/2006/mckayl020806.pdf
STATE OF TENNESSEE v. RYAN SANDSON
Court: TCCA
Attorneys:
Robert Wilson Jones, Shelby County Public Defender; Garland Ergüden, Assistant Public
Defender (on appeal); and Harry Sayle, Assistant Public Defender (at trial), for the appellant,
Ryan Sandson.
Paul G. Summers, Attorney General and Reporter; Seth P. Kestner, Assistant Attorney General;
William L. Gibbons, District Attorney General; and Theresa McCusker, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: GLENN
The defendant, Ryan Sandson, was found guilty by a Shelby County jury of aggravated robbery,
a Class B felony, and was sentenced as a standard offender to eleven years, six months in the
Department of Correction. On appeal, he raises two issues: (1) whether the evidence was
sufficient to support his conviction; and (2) whether his sentence was excessive. Following our
review, we affirm the judgment of the trial court
http://www.tba2.org/tba_files/TCCA/2006/sandsonr020806.pdf
JEREMY D. SHIVERS v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Dominic Leonardo, Nashville, Tennessee, for the appellant, Jeremy D. Shivers.
Paul G. Summers, Attorney General & Reporter; Jane L. Beebe, Assistant Attorney General; and
Amy Eisenbeck, Assistant District Attorney General, for the appellee, the State of Tennessee.
Judge: WADE
The petitioner, Jeremy D. Shivers, appeals the denial of his petition for post-conviction relief. In this
appeal, he asserts that his trial counsel was ineffective and that, as a result of counsel's deficient
performance, his guilty pleas were not knowingly and voluntarily entered. The judgment of the post-
conviction court is affirmed.
http://www.tba2.org/tba_files/TCCA/2006/shiversj020806.pdf
Inability of the State to Require Notaries Public to be U.S. Citizens
TN Attorney General Opinions
Date: 2006-02-08
Opinion Number: 06-026
http://www.tba2.org/tba_files/AG/2006/ag_06-26.pdf
|
|
 |
|
| TODAY'S NEWS |
|
Legal News
Legislative News
|
| Legal News |
| New Roane County bar officers |
| The Roane County Bar Association has elected its new slate of officers: Browder Williams assumes the office of president; Harold D. Balcom Jr. is vice president; Jack McPherson takes over as treasurer; and Donice Butler-Kinsey is secretary. |
|
| Forgety announces candidacy for chancellor |
| Chancellor Telford Forgety of Dandridge has announced that he will run for re-election in the Republican primary on May 2. Forgety currently serves as chancellor of the 4th and 5th Judicial Districts, which serve Blount, Cocke, Grainger, Jefferson and Sevier Counties. Read more about the candidate in the |
Newport Plain Talk
|
| Dickson County primary canceled |
| State election officials have ruled that the Dickson County Democratic Party did not follow proper rules in calling for a primary election, which was scheduled to choose nominees for circuit court judges and the 23rd Judicial District attorney general and public defender. Read the full story in the |
Gallatin News Examiner
|
| Lawyer asks clients to fund special master |
| A Nashville lawyer recently asked members of a 6-year-old class-action lawsuit against the city of Columbia to help pay for a special master in the case. |
Read about it in the Daily Herald
|
| Victim witness coordinators serve important function |
| A Clarksville newspaper says that Montgomery County's victim witness program should be retained by local courts levying an additional fee to pay their salaries. |
Read the Leaf-Chronicle's opinion
|
| Qualifications for Bradley County judges |
| In a continuing series on elected positions within the county, the Cleveland Daily Banner highlights the qualifications and responsibilities of general sessions judges. |
Read the story
|
| Students get help in deciding careers |
| About 100 Maury County high school students participated in Job Shadow Day 2006 recently, exploring such careers as business, retail marketing and journalism as well as medicine and the law. "I’ve always leaned towards a career in corporate law but wanted to explore other aspects, including the role of a public defender," one of the students said, after spending the day with 22nd Judicial District Public Defender Claudia Jack. |
The Columbia Daily Herald has the story
|
| Legislative News |
| Government sunshine bill introduced |
| During the new legislative session, legislators likely will consider amendments to the 1974 state law that sets requirements for which government meetings must be open to the public. Among the provisions of interest to lawyers, the bill would create new procedures for closing a meeting, including those procedures governing lawyer-client meetings. The sponsors will contend that they will be codifying Tennessee Supreme Court holdings on the attorney-client issue. The Government Sunshine Improvement Act of 2006 also makes a number of other changes to the law such as providing a more explicit definition of what constitutes a meeting and imposing new penalties for violations. Read more about the proposed legislation in the |
Loudon County News-Herald
|
| 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
|
| |
|
