Knoxville's West High School wins state mock trial

Knoxville's West High School won the 26th annual Tennessee State High School Mock Trial Competition March 18, defeating Memphis' St. Mary's Episcopal School. The West team will represent Tennessee at the national competition in Oklahoma City May 11-13.

Sixteen high school teams from across Tennessee put their legal skills to the test during the competition in Nashville, which is sponsored by the TBA's Young Lawyers Division. About 180 students and 200 volunteers — mostly, judges, lawyers and law students — volunteered their time and expertise.

http://www.tba.org/mocktrial/2006_mocktrial_winners.html

TODAY'S OPINIONS
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TSC

http://www.tba2.org/tba_files/TSC/2006/certlist032006.pdf


JEFF BANKSTON v. HAWKER POWERSOURCE, INC.

Court: TWCA

Attorneys:

Bert Bates, Cleveland, Tennessee, for Appellant, Jeff Bankston.

David R. Hensley, Chattanooga, Tennessee, for Appellee, Hawker Powersource, Inc.

Judge: ROGER E. THAYER

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court dismissed the complaint by sustaining a motion for summary judgment. The court held the employee’s injury did not occur in the course of employment. The judgment is reversed and the case is remanded.

http://www.tba2.org/tba_files/TSC_WCP/2006/bankstonj032006.pdf


DONNA G. BLANTON v. CVS TENNESSEE DISTRIBUTION, INC.

Court: TWCA

Attorneys:

Dana S. Dalton, Knoxville, Tennessee, for Appellant, CVS Tennessee Distribution, Inc.

Tony Farmer, Knoxville, Tennessee, for Appellee, Donna G. Blanton.

Judge: ROGER E. THAYER

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court awarded plaintiff 100 percent permanent disability. On appeal, the employer contends the evidence does not support a finding of total disability and that the trial court was in error in accepting the testimony of a doctor who looked at the Second Edition of the AMA Guides in an attempt to give a numerical number of impairment for a Class 2 psychiatric injury when the Fifth Edition of the Guides did not contain a numerical rating. We affirm the judgment.

http://www.tba2.org/tba_files/TSC_WCP/2006/blantond032006.pdf


GARY L. HARVEY, ET AL. v. STANLEY F. LADUKE, ET AL.

Court: TCA

Attorneys:

Herbert S. Moncier, Knoxville, Tennessee, for the Appellant, Gary L. Harvey.

Mary Ann Stackhouse, Knox County Deputy Law Director, Knoxville, Tennessee, for the Appellees, Judicial Commissioner Stanley F. LaDuke and Knox County, Tennessee.

Judge: SHARON G. LEE

Appellant filed an action for relief from a Judicial Commissioner’s refusal to issue Tenn. R. Crim. P. 4(a) criminal process to a private citizen without the filing of a police report. The primary issue before this court is whether Rule 20 of the Rules of Procedure of the General Sessions Court of Knox County, Tennessee, which relates to the duty of a Judicial Commissioner, is inconsistent with Tenn. R. Crim. P. 4(a) and, thus, invalid. The trial court granted summary judgment to all defendants on each of Appellant’s causes of action. Because we find Rule 20 to be invalid, we affirm in part, reverse in part, and remand for further proceedings.

http://www.tba2.org/tba_files/TCA/2006/harveyg032006.pdf


HEALTH COST CONTROLS, INC. v. RONALD GIFFORD

Court: TCA

Attorneys:

John M. Russell, Thomas H. Lawrence, and Julie Y. McLaughlin, Memphis, TN, for Appellant

H. Max Speight, Dresden, TN, for Appellee

Judge: ALAN E. HIGHERS

This is not the first time this case has been on appeal. In this appeal, we are asked to determine if the chancery court erred when it found that an insured individual was made whole by a settlement agreement with a third party tortfeasor so as to require the insured to reimburse his insurer. Specifically, Appellant contends that the chancery court erred in finding that the insured was not made whole because it failed to use the formula method used by federal courts for determining whether an insured is made whole and failed to engage in an analysis of the dollar amounts of the insured’s recovery and losses. We reverse and find that the insurer is entitled to reimbursement from the insured.

http://www.tba2.org/tba_files/TCA/2006/healthcost032006.pdf


JAMES L. WILLIAMS, ET AL. v. JORDAN LEE FOX

Court: TCA

Attorneys:

Brian T. Mansfield, Sevierville, Tennessee for the Appellant, Jordan Lee Fox.

Charles S. Sexton, Sevierville, Tennessee for the Appellees, James L. Williams and wife, Brenda G. Williams, and Charles Roberson and wife, Marjorie Roberson.

Matthew J. Scanlan, Nashville, Tennessee for Amicus Curie, Tennessee Manufactured Housing Association.

Judge: D. MICHAEL SWINEY

James L. Williams, Brenda G. Williams, Charles Roberson, and Marjorie Roberson (“Plaintiffs”) sued Jordan Lee Fox (“Defendant”) claiming, in part, that Defendant was constructing a mobile home/modular home in the Oma Lee Williams subdivision in violation of the subdivision restrictions. Plaintiffs sought, among other things, a restraining order prohibiting Defendant from constructing and completing the mobile home/modular home. The case proceeded to trial. The Trial Court entered an order finding and holding, inter alia, that the structure in question is a modular home and that under existing case law Defendant was in violation of the subdivision restrictions. The Trial Court awarded Plaintiffs a permanent injunction and ordered Defendant to remove the structure. Defendant appeals to this Court claiming, in part, that the existing case law upon which the Trial Court based its decision dealt with double wide or manufactured homes, not modular homes. We affirm.

http://www.tba2.org/tba_files/TCA/2006/williamsj032006.pdf


STATE OF TENNESSEE v. ALBERT JONES

Court: TCCA

Attorneys:

Robert Wilson Jones, Shelby County Public Defender; Tony N. Brayton, Assistant Public Defender (on appeal); and Michael Johnson and Constance Barnes, Assistant Public Defenders (at trial), for the appellant, Albert Jones.

Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; William L. Gibbons, District Attorney General; and Lee Coffee and Stacy McEndree, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: ALAN E. GLENN

The defendant, Albert Jones, was convicted by a Shelby County Criminal Court jury of first degree premeditated murder and sentenced to life imprisonment. In this direct appeal, he argues that the evidence was insufficient to sustain a first degree murder conviction and the trial court erred by denying his request for a special jury instruction on the State’s burden of proof. Finding no error, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/jonesa032006.pdf


STATE OF TENNESSEE v. PAMELA SUE KING

Court: TCCA

Attorneys:

Mark A. Kovach, Nashville, Tennessee, for the appellant, Pamela Sue King.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Dan Hamm, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: J.C. MCLIN

The petitioner, Pamela Sue King, appeals from the denial of her petition for post-conviction relief. On appeal, she contends that she was denied the effective assistance of trial counsel. Following our review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court denying post-conviction relief.

http://www.tba2.org/tba_files/TCCA/2006/kingp032006.pdf


STATE OF TENNESSEE v. JANIS SUE WATSON AND ALBERT EUGENE BROOKS

Court: TCCA

Attorneys:

Greg Eichelman, District Public Defender, and Clifton Barnes, Assistant Public Defender, for the appellant, Janis Sue Watson.

Douglas L. Payne and Lewis Ricker, Greeneville, Tennessee, for the appellant, Albert Eugene Brooks.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; William Paul Phillips, District Attorney General; and Jared Effler, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: JOHN EVERETT WILLIAMS

Janis Sue Watson and Albert Eugene Brooks, the co-defendants, were convicted of first degree premeditated murder and conspiracy to commit first degree murder, a Class A felony. Each co-defendant received concurrent sentences of life in prison and twenty years, respectively. The co-defendants’ consolidated appeals address both the convictions and sentences. Having found no reversible error, the convictions and sentences of both co-defendants are affirmed.

http://www.tba2.org/tba_files/TCCA/2006/watsonj032006.pdf


Use of Flashing Blue Lights

TN Attorney General Opinions

Date: 2006-03-16

Opinion Number: 06-050

http://www.tba2.org/tba_files/AG/2006/ag_06-50.pdf

TODAY'S NEWS

Legal News
BPR Actions
TBA Member Services
TennBarU CLE Programs

Legal News
Appeals court rules school can sue TSSAA on antitrust grounds
A private school accused of recruiting violations can use antitrust laws to sue the organization that regulates Tennessee's high school sports, a federal appeals court ruled Friday. The 6th U.S. Circuit Court of Appeals in Cincinnati reversed a lower court decision, sending the case of Brentwood Academy v. the Tennessee Secondary Schools Athletic Association back to U.S. District Court for a third time. Read about it in the
Tennessean.
State can sell 'Choose Life' license plates
Tennessee can sell license plates that say "Choose Life," even though it doesn't offer one with an abortion rights message, a federal appeals court ruled Friday. Read the AP story in the
Knoxville News Sentinel.
Justice's law review: A.A. Birch
The Commercial Appeal interviews Tennessee Supreme Court Justice Adolpho A. Birch about his upcoming retirement, civil rights in the '60s, advice for up and coming lawyers and more.
Read the story now
Local lawyer took on world's waters
How did a local lawyer from this land-locked state end up in Bentonville, Ark., negotiating international maritime issues? Read about Nashville lawyer Will Martin's expertise in issues where the international environment and the law intersect in the
Tennessean.
Long-distance cycling wins federal prosecutor's appeal
Knoxville Assistant U.S. Attorney Mike Winck rides his bike wherever he goes -- including this winter when he had an appellate court argument in Cincinnati. He loaded up his touring bike and hit the road for three days. Read about this biker-lawyer in the travel section of the
News Sentinel.
BPR Actions
Marville lawyer suspended
Maryville lawyer Charles Alphonso Carpenter was suspended from the practice of law by order of the Tennessee Supreme Court March 10, pending further orders from the court, pursuant to Section 14 of Supreme Court Rule 9. The suspension resulted from his guilty plea in a Michigan criminal case.
Read the BPR release.
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Contact Membership Director Sarah Hendrickson for more information on our money saving member benefits. Call 800.899.6993 or email shendrickson@tnbar.org

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Learn cutting edge issues in labor law at TennBarU forum
Join distinguished and highly qualified faculty from across the state as they guide you through a cross-section of the most recent decisions and cutting edge issues in the Labor and Employment Law arena. – April 20 at the Tennessee Bar Center in Nashville. 6 general and 1 dual credit.
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