Good funds rollback, LLC revisions on agenda tomorrow

Legislation to roll back several of the provisions of the Residential Closing Funds Distribution Act of 2006 is set to be heard in the Senate Commerce Labor and Agriculture Committee agenda for Tuesday. The current law, enacted just this last year, is supported by the Tennessee Bar Association (TBA) because it requires forms of payment that provide the best assurance that clients are protected in residential closings.

Also on the agenda is the TBA-fostered bill to make some technical corrections to last year's comprehensive revision to the LLC statute and to adopt provisions to conform the nonprofit LLC law to the new regime.
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.

03 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
00 - TN Court of Criminal Appeals
03 - 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

SUPREME COURT DISCRETIONARY APPEALS

Court: TSC

http://www.tba2.org/tba_files/TSC/2006/certlist031306.pdf


MISTY MICHELLE GLISSON v. MOHON INTERNATIONAL, INC./CAMPBELL RAY

Court: TSC

Attorneys:

Mark C. Travis, Cookeville, Tennessee, for the appellant, Mohon International, Inc./Campbell Ray.

Robert T. Keeton, III, Huntingdon, Tennessee, for the appellee, Misty Michelle Glisson.

Judge: ADOLPHO A. BIRCH, JR.,

The employer in this workers’ compensation action has appealed from a judgment of the Circuit Court of Henry County finding that the employee suffered a work-related back injury. The trial court awarded the employee benefits based on 30% permanent partial disability to the body as a whole. The employer contends on appeal that the medical proof, which does not include any medical testimony, is insufficient to establish a causal connection between the employee’s injury and her employment. The dispositive question before this Court is whether the evidence preponderates against the trial court’s finding that the employee’s injury arose out of her employment. We conclude that the record and applicable law support the trial court’s decision to award benefits. We further hold that a local rule of the 24th Judicial District which prohibits the taking of medical depositions in workers’ compensation cases absent leave of court is invalid. The trial court’s judgment is affirmed.

http://www.tba2.org/tba_files/TSC/2006/glissonm031306.pdf


STATE OF TENNESSEE v. KIRK WILLIAMS CORRECTED OPINION: Fixes minor typo on page 2

Court: TSC

Attorneys:

Ardena J. Garth and Donna Robinson Miller, Chattanooga, Tennessee, for the appellant, Kirk Williams.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; John H. Bledsoe, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAM M. BARKER

We granted review to determine whether a seizure within the meaning of the Fourth Amendment to the United States Constitution and article I, section 7 of the Tennessee Constitution occurs when a police officer activates the blue lights on his patrol car behind the defendant’s vehicle which is already stopped and idling in the street. The trial court held that it was a seizure and that the officer did not have reasonable suspicion to seize the defendant. Therefore, the trial court suppressed all the evidence obtained as a result of that seizure. The Court of Criminal Appeals overruled the trial court, holding that there was no seizure. We hold that under the facts of this case, the defendant was seized at the moment when the officer pulled up behind the defendant’s stopped vehicle and activated his blue emergency lights. We also hold that the officer did not have reasonable suspicion of criminal activity to justify his seizure of the defendant. As such, the decision of the Court of Criminal Appeals is reversed, and the decision of the trial court suppressing the evidence is reinstated.

http://www.tba2.org/tba_files/TSC/2006/williamsk031306.pdf


DWIGHT O’BRIEN JACKSON v. DARCILLA JEAN COBB JACKSON

Court: TCA

Attorneys:

Edward R. Sempkowski, Morristown, Tennessee, for appellant.

Janice H. Snider, Morristown, Tennessee, for appellee.

Judge: HERSCHEL PICKENS FRANKS

The wife sued the husband for divorce and the Trial Court granted the wife a divorce, divided the parties’ marital assets and awarded the wife alimony in futuro. The husband appealed the award of alimony in futuro. We affirm.

http://www.tba2.org/tba_files/TCA/2006/jacksond031306.pdf


STATE OF TENNESSEE, EX REL GWENDER L. TAYLOR

Court: TCA

Attorneys:

Ian W. Taylor, Sr., Shreveport, LA, pro se

Paul G. Summers, Attorney General and Reporter, Warren A. Jasper, Assistant Attorney General, Nashville, TN, for Appellee

Judge: ALAN E. HIGHERS

This action stems from a petition for child support and a subsequent petition to modify child support. In this appeal, the appellant has presented numerous issues for review. However, this Court finds one issue dispositive of the case: whether the trial court complied with Tennessee Rule of Civil Procedure 58 when it entered its order establishing child support and its subsequent order modifying child support. We dismiss this appeal and remand for entry of both orders pursuant to Tennessee Rule of Civil Procedure 58.

http://www.tba2.org/tba_files/TCA/2006/taylorgw031306.pdf


Authority to Appoint Temporary Replacement for Suspended General Sessions Judge

TN Attorney General Opinions

Date: 2006-03-13

Opinion Number: 06-44

http://www.tba2.org/tba_files/AG/2006/ag_06-44.pdf

Eligibility of a Person Convicted of Certain Crimes to Serve as a Police Officer or Sheriff Where That Person's Citizenship Rights Have Been Restored Pursuant to Court Order

TN Attorney General Opinions

Date: 2006-03-13

Opinion Number: 06-45

http://www.tba2.org/tba_files/AG/2006/ag_06-45.pdf

Legality of Leasing Equipment for and Conducting Poker Tournaments

TN Attorney General Opinions

Date: 2006-03-13

Opinion Number: 06-46

http://www.tba2.org/tba_files/AG/2006/ag_06-46.pdf

TODAY'S NEWS

Legal News
BPR Actions
TBA Member Services
TennBarU CLE Programs

Legal News
Chancellor Brown scores highest marks In Chattanooga bar poll
Chancellor Frank Brown received the highest number of superior marks in the biennial poll of judges by the Chattanooga Bar Association. Read the details of the poll, as well as the marks of other judges in the area.
The Chattanoogan.com
'Waltz' prosecutors seek gag order
Prosecutors in the "Tennessee Waltz" public corruption cases are seeking a gag order to prevent public comments or release of evidence before the cases are concluded. Prosecutors cited a recent news story by The Commercial Appeal based on videotaped evidence in the case that had not been publicly released. The gag order is needed to ensure that the defendants receive a fair trial, prosecutors said in making the request. Read about it in the
Knoxville News-Sentinel.
Bredesen holds keys to the courtroom, and the politics are tricky
Columnist Larry Daughtrey lays out the possibilities for the upcoming appointments to the Tennessee Supreme Court. "The non-lawyer who has little experience with courts," he writes, "is about to shape the course of Tennessee's legal system for a decade or more." Read his opinion in the
Tennessean.
BPR Actions
Knoxville lawyer suspended
By order of the Supreme Court issued March 6, Knoxville lawyer Joe M. Felknor's license to practice law is temporarily suspended, pursuant to Section 4.3 of Rule 9, Rules of the Supreme Court of Tennessee, upon a finding that he had substantially failed to comply with a contract entered into with the Tennessee Lawyers Assistance Program.
Read the BPR release.
TBA Member Services
Have you activated your FedEx® shipping discounts?
TBA members are entitled to savings from 5%-21% off select FedEx Express® services and 4% to 12% off select FedEx Ground® services. It’s easy to sign up or convert your existing FedEx account. Call 800-923-7089 to enroll today.

TennBarU CLE Programs
What every lawyer needs to know about immigration law
Lawyers in nearly all types of practices can face immigration issues in today's climate. A new course from TennBarU® offers basic information on immigration issues as they apply to domestic relations, criminal law, civil rights isues, employment and more. Coming March 31 to Memphis and May 3 to Knoxville.
Register or find out more

 
 
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