TBA legislative package introduced in General Assembly

Based on the work of TBA sections and committees -- and approved by TBA governing bodies -- five bills have been introduced in the Tennessee General Assembly. The package addresses issues in the unauthorized practice of law, lien law, domestic violence, limited liability companies and Tenncare estate recovery. Follow this link to learn more about these bills.


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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


Court: TCA


Paul G. Summers, Attorney General and Reporter, and Warren A. Jasper, Assistant Attorney General, Nashville, Tennessee, for the Appellant State of Tennessee ex rel. Sylvana La Selva.

Bruce Hill, Sevierville, Tennessee, for the Appellee Henry Peter Ziomek.


This appeal concerns a decision of the Sevier County Circuit Court that a child support judgment entered by the Ontario Superior Court of Justice was entitled to registration, but was not entitled to enforcement in Tennessee pursuant to the Uniform Interstate Family Support Act, Tenn. Code Ann. § 36-5-2001, et seq. After determining that the Canadian judgment was not enforceable, the Circuit Court ordered the father to pay significantly less than the amount previously ordered by the Canadian Court. We hold that the judgment of the Ontario Superior Court of Justice is entitled to registration and enforcement in Tennessee under the Uniform Interstate Family Support Act. We also hold that the Circuit Court lacked subject matter jurisdiction to modify the father’s child support payment. The judgment of the Circuit Court is affirmed in part, reversed in part, and remanded for further proceedings.



Court: TCCA


Gary Wayne Calhoun, Mountain City, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; and Joe C. Crumley, Jr., District Attorney General, for the appellee, State of Tennessee.


The petitioner, Gary Wayne Calhoun, appeals the Carter County Criminal Court’s order dismissing his petition for a writ of habeas corpus. He claims his five judgments of conviction resulting from his pleas of guilty are void because his sentences are illegal. We affirm the judgment of the trial court with regard to four of the five challenged judgments. We hold that the sentence for the fifth challenged judgment of conviction is illegal, and we grant habeas corpus relief as to that conviction. We remand the case to the Carter County Criminal Court for further proceedings consistent with this opinion.



Court: TCCA


Grover L. Dunigan, Henning, Tennessee, pro se.

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; and William H. Cox, III, District Attorney General, for the appellee, State of Tennessee.


Petitioner, Grover L. Dunigan, filed a pro se petition for post-conviction relief, alleging that he received the ineffective assistance of counsel regarding his conviction for second degree murder. The post-conviction court dismissed the petition without a hearing on the grounds that the petition was time-barred. In this appeal, Petitioner argues that due process requires tolling the statute of limitations because his trial attorney never told him that the supreme court had denied his Rule 11 application. After a thorough review of the record, we find that the lower court properly dismissed the petition. Therefore, the judgment of the post-conviction court is affirmed.



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