Senate Judiciary continues budget hearings

The Senate Judiciary Committee today heard testimony on budgets for the courts and the Post Conviction Defender. The courts' budget, which included money to create a new judgeship in the 22nd Judicial District (Giles, Lawrence, Maury and Wayne counties), increase judges' pay and fund a criminal records project, was forwarded to the Finance Committee without recommendation. Under the plan, trial judges' salaries would increase from $118,000 to $140,000 annually. In other action, the committee adopted recommendations that the Post Conviction Defender budget be approved with two improvements.
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
03 - TN Court of Appeals
05 - 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

KEITH DWAYNE GREENE v. CLARA FAYE HELTON GREENE

Court: TCA

Attorneys:

Douglas T. Jenkins, Rogersville, Tennessee, for the Appellant, Keith Dwayne Greene.

William E. Phillips II, Rogersville, Tennessee, for the Appellee, Clara Faye Helton Greene.

Judge: LEE

The issue presented in this post-divorce case involves the interpretation of a provision in the divorce decree allowing the wife to keep the mobile home she was awarded in the divorce on the land the husband received in the divorce for "as long as she needs to or has any desire to do so." The husband initiated this action seven years after the divorce, asserting that the provision should be construed as an award of periodic alimony, which should be terminated due to the wife's remarriage. The trial court held that the provision was unambiguous, was part of the division of the marital estate and not alimony, and was consequently not modifiable. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCA/2006/greenek030706.pdf


RUBY POPE v. ERVIN BLAYLOCK, ET AL.

Court: TCA

Attorneys:

James E. Blount, IV, of Memphis, Tennessee for Appellant, Ruby Pope.

Gary R. Wilkinson and Forrest R. Jenkins, Germantown, Tennessee for Appellees, Ervin Blaylock and Patricia Blaylock.

Judge: CRAWFORD

This is a premises liability case arising from Plaintiff/Guests' fall over a landscaping wall while walking down Defendants/Homeowners' walkway after dark. The trial court granted summary judgment to Defendants/Homeowners. Finding that there is a dispute of material fact as to whether the lighting conditions created a dangerous condition on the Defendants/Homeowners' property, and that McIntyre requires a comparison of the respective negligence of the parties, we reverse and remand.

http://www.tba2.org/tba_files/TCA/2006/poper030706.pdf


SUN-DROP BOTTLING COMPANY, INC., v. HERB HELTON

Court: TCA

Attorneys:

Scott C. Williams and Caroline Thomas Trost, Columbia, Tennessee, for Appellant.

L. Bruce Peden, Columbia, Tennessee, for Appellee.

Judge: FRANKS

In this Declaratory Judgment action, the Trial Court held the contracts the parties were operating under were at will contracts. Defendant has appealed. We affirm.

http://www.tba2.org/tba_files/TCA/2006/sundrop030706.pdf


STATE OF TENNESSEE v. JOSEPH BRYAN ADAIR

Court: TCCA

Attorneys:

Joseph Bryan Adair, Pro Se.

Paul G. Summers, Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; William E. Gibson, District Attorney General; and John A. Moore, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

Following a bench trial, the Defendant, Joseph Bryan Adair, was convicted of driving at a speed of 69 miles per hour in a 50 miles per hour speed zone, a Class C misdemeanor. The Defendant now appeals, contending that his traffic citation was invalid because it was not signed by the State Trooper who issued the ticket. Finding that there exists no reversible error, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/adairj030706.pdf


STATE OF TENNESSEE v. JAMES N. HARRELL
With Dissenting Opinion


Court: TCCA

Attorneys:

Michael Galligan, and John Partin, McMinnville, Tennessee, for the appellant, James N. Harrell.

Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; Dale Potter, District Attorney General; and Larry Bryant, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WOODALL

Defendant, James N. Harrell, seeks interlocutory review of the Warren County Circuit Court's affirmance of the State's denial of his application for pretrial diversion. Defendant is charged with vehicular homicide by recklessness, four counts of reckless aggravated assault, underage possession and consumption of alcohol, and underage driving while impaired. After unsuccessfully requesting pretrial diversion, Defendant appealed to the trial court, who determined that the district attorney general had not abused his discretion when denying Defendant's request. After a thorough review of the record and applicable law, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/harrellj030706.pdf

WITT DISSENTING
http://www.tba2.org/tba_files/TCCA/2006/harrellj_diss030706.pdf


STATE OF TENNESSEE v. MARSHALL WARD HOWELL

Court: TCCA

Attorneys:

Andrew Jackson Dearing, III, Assistant District Public Defender, for the appellant, Marshall Ward Howell.

Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General; and Michael D. Randles, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WADE

The defendant, Marshall Ward Howell, entered a plea of guilty to sale of a controlled substance. The trial court imposed a sentence of eight years to be served in a community corrections program after service of a period of incarceration. Five months after his conviction, the community corrections sentence was revoked and the defendant was ordered to serve the remainder of his term in the Department of Correction. In this appeal, the single issue presented for review is whether revocation was proper. The judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2006/howellm030706.pdf


STATE OF TENNESSEE v. CHRISTA G. PIKE

Court: TCCA

Attorneys:

John C. Ford, Nashville, Tennessee, for the appellant, Christa G. Pike.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Michael D. Rohling and Kathy Morante, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant, Christa G. Pike, appeals her conviction for attempted first degree premeditated murder, a Class A felony. The defendant contends she was acting in defense of a third party, an inmate, and that the evidence is insufficient to support her conviction. Finding no error at trial, we affirm the conviction.

http://www.tba2.org/tba_files/TCCA/2006/pikec030706.pdf


STATE OF TENNESSEE V. LARRY ALLEN WHITED and WILLIAM HENRY RUTHERFORD
With Dissenting Opinion


Court: TCCA

Attorneys:

Walter H. Stubbs, Gallatin, Tennessee, for the appellant, Larry Alan Whited.

Charles R. Bobbitt, Jr., Hendersonville, Tennessee, for the appellant, William Henry Rutherford.

Paul G. Summers, Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; Lawrence Ray Whitley, District Attorney General; and Sallie Brown, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendants were convicted of second degree murder and reckless endangerment. Defendant Whited was also convicted of three counts of aggravated assault. On appeal, both Defendants argue that the trial court erred by allowing the State to introduce evidence of certain activity they engaged in after the crimes were committed, and that the evidence is insufficient to support their convictions. Defendant Whited argues that the trial court erred by denying his motion to suppress the statement he gave to the police. Both Defendants also challenge the trial court's sentencing determination. After review, we affirm the trial court's judgments in all respects.

http://www.tba2.org/tba_files/TCCA/2006/whitedl030706.pdf

HAYES DISSENTING IN PART
http://www.tba2.org/tba_files/TCCA/2006/whitedl_diss030706.pdf


TODAY'S NEWS

Legal News
Legislative News
TBA Member Services

Legal News
Bredesen creates task force to study DUI laws
Governor Phil Bredesen signed an executive order Monday establishing the Governor's Task Force on DUI Laws in Tennessee. The task force is charged with conducting a comprehensive review of the law and any relevant judicial opinions, and recommending changes that would create a more comprehensive, clear and easily understandable framework of DUI laws in the state.
Read more in the Chattanoogan.com
Students sue over school ban on Confederate flag
Three students and their parents filed a federal lawsuit against the Blount County school system last week claiming their free-speech rights are being denied by a ban on clothing depicting the Confederate battle flag.
Read more in the Knoxville News Sentinel
Volunteers needed for state mock trial contest
The TBA Young Lawyers Divison is looking for attorneys who would like to volunteer for the 2006 Tennessee State High School Mock Trial Competition in Nashville March 17-18. Those who volunteer for at least one round on Friday and one round on Saturday receive complimentary lodging and reimbursement for travel expenses. For more information or to sign up, contact this year's competition chair Jordan Keller at (615) 259-9344 or jkeller@lassiterlaw.com

Legislative News
East Ridge legislator suffers stroke
Rep. Jack Sharp, R-East Ridge, suffered a stroke yesterday morning and is in stable condition in the coronary care unit at Memorial Hospital in Chattanooga. Sharp has been undergoing chemotherapy treatment for lung cancer. He was elected to the state legislature in 1994. He currently serves on the Transportation Committee and Agriculture Committee.

Senate committee adds three votes to illegal list
The special state Senate committee investigating the District 29 election voted 6-0 last week to add three felons to its list of illegal votes - raising to 12 the total votes it suspects are not legitimate. The committee is scheduled to reconvene on Thursday to decide how to proceed.
The Memphis Commercial Appeal has the story
TBA Member Services
Let JobLink help you with your next career move
A career service for Tennessee attorneys and law students, TBA JobLink is a job seeking and recruitment tool available at no charge. Whether you have a position to fill or are seeking employment, this site will guide you through a simple process to post your information.
Visit the site

 
 
UNSUBSCRIBE TO TBAToday? ... SURELY NOT!
But if you must, visit the TBALink web site at: http://www.tba2.org/tbatoday/unsub_tbatoday.php

TBALink HomeContact UsPageFinderWhat's NewHelp
 
 
© Copyright 2006 Tennessee Bar Association