7 now seeking Supreme Court seats

Attorney D. Bruce Shine of Kingsport, Circuit Court Judge Dea Kelly Thomas Jr. of Maryville and 12th Judicial District Public Defender Phillip A. Condra of Whitwell have joined the list of those seeking a position on the Tennessee Supreme Court. Two vacancies on the high court will occur with the Aug. 31 retirements of Justices E. Riley Anderson and Adolpho A. Birch Jr. Others who have applied are Court of Appeals Judge Frank G. Clement Jr. of Nashville, J. Houston Gordon of Covington, Court of Criminal Appeals Judge J. C. McLin of Memphis and Court of Criminal Appeals Judge Gary R. Wade of Sevierville. Visit the Administrative Office of the Courts web site to learn more.

http://www.tncourts.gov

TODAY'S OPINIONS
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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

JOSEPH MICHAEL HARRIS v. SUSAN TAYLOR

Court: TCA

Attorneys:

David A. Velander, Louisville, KY, for Appellant.

S. Denise McCrary, Memphis, TN, for Appellee.

Judge: HIGHERS

This appeal stems from a suit to partition real estate. In this appeal, we are asked to determine if the chancery court erred when it granted summary judgment and a judgment on the merits based on stipulated facts, evenly splitting the proceeds of the sale of property between joint tenants with rights of survivorship where one joint tenant paid more than her equitable share of the purchase money. Specifically, the appellant contends that she was entitled to contribution from the appellee for the excess of the purchase price paid by her and that she did not make a gift of the excess. In addition, Appellant requests that she was entitled to a credit of $2,000 pursuant to an interim consent order disposing of numerous issues between the parties. The appellee has requested attorney's fees incurred as a result of this appeal. We affirm in part, reverse in part, and remand for further proceedings. We decline to award attorney's fees to the appellee.

http://www.tba2.org/tba_files/TCA/2006/harrisj032806.pdf


STATE OF TENNESSEE v. DAVID ALAN GOLD

Court: TCCA

Attorneys:

Kimberly S. Hodde, Madison, Tennessee; and Peter J. Strianse, Nashville, Tennessee, for the Appellant, David Alan Gold.

Paul G. Summers, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Tom Thurman, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

On November 19, 2004, the Appellant, David Alan Gold, pled guilty in the Davidson County Criminal Court to one count of accessory after the fact, a Class E felony, and was sentenced as provided by the terms of the plea agreement. On December 3, 2004, Gold filed a motion to withdraw his guilty plea upon grounds that his plea was entered under duress and that his plea was not knowing and voluntary. Additionally, Gold filed a motion to arrest judgment upon the ground that the criminal information failed to charge an offense. Following an evidentiary hearing, the trial court denied the motions. Finding no error in the trial court's rulings, the judgment is affirmed.

http://www.tba2.org/tba_files/TCCA/2006/goldd032806.pdf


Regulation of Internet Drop-off Stores by the Tennessee Auctioneer Commission

TN Attorney General Opinions

Date: 2006-03-27

Opinion Number: 06-053

http://www.tba2.org/tba_files/AG/2006/ag_06-53.pdf

TODAY'S NEWS

Legislative News
Legal News

Legislative News
General Assembly moves forward on legislation of interest to TBA
The TBA-backed bill making technical corrections to last year's Limited Liability Company Act comfortably cleared the Senate Commerce Labor and Agriculture Committee today.

In addition, a measure creating a Civics Education Advisory Commission within the state Department of Education was approved in the K-12 subcommittee today. The TBA and the Tennessee Legal Community Foundation (TLCF), the charitable arm of TBA, would both make recommendations to the governor for appointments to the commission. TBA and TLCF together conduct more than $500,000 per year in law-related education activities funded by state, federal and private sources.

Finally, the House Judiciary Committee gave its approval today to a measure that would strip the power of the Attorney General and Reporter and transfer it to a new solicitor general who would be elected statewide. The bill now goes to the House Finance Committee.

Legal News
Cocke County judges under fire for alleged firearms rulings
Federal prosecutors are questioning whether Cocke County Circuit Court judges intentionally or unintentionally awarded felons the right to possess guns through orders restoring their citizenship rights. Such orders are limited to restoring voting rights and ablity to hold office under state law. The judges have denied any wrongdoing. Read more in the
Knoxville News Sentinel
King Pharmaceuticals settles for $124 million
Tennessee has joined 48 other states and the federal government in a $124 million settlement agreement with King Pharmaceuticals, Inc., a Tennessee-based manufacturer of generic drugs. The agreement addresses allegations that King inaccurately calculated drug prices and underpaid the federal Medicaid program by $62 million.

A strong showing for UT moot court teams
UT's labor and employment moot court team competed this past weekend in the national Robert F. Wagner Labor & Employment Law Moot Court Competition and reached the Sweet Sixteen. Team members Katie Dodd, Dan Duran, and Betsy Fussell earned the award for second-best petitioner's brief and had the second-highest brief score for either side. The team was coached by Professor Jeff Hirsch and attorney Brad Morgan of Lewis, King, Krieg & Waldrop PC.

Two UT teams competed in this year's Conrad B. Duberstein Bankruptcy Moot Court Competition in New York City against 54 teams. Stacie Odeneal and Matthew Petrie reached the Sweet Sixteen, while Rachel Ralston and Will Parsons reached the Final Four semifinals.

U.S. Supreme Court reviews prison rules
The Supreme Court struggled Monday with whether states can keep troublesome inmates from reading secular newspapers and magazines or whether such rules are a violation of free speech rights. The case presents the interesting possibility that the final vote could end in a tie. Justice Samuel Alito has recused himself, as he was a member of the court of appeals when it heard the case. Read more in this
AP story
Attorney joins race for public defender
Carter County attorney Jeffery C. Kelly has announced his campaign for 1st Judicial District public defender, a post being vacated by David F. Bautista. Kelly has served as an assistant public defender since the public defender's office was created in 1989. The 1st Judicial District covers the counties of Carter, Johnson, Unicoi and Washington. Read more about the race in the
Kingsport Times News
Sobieski leads effort for suffrage statue
Knoxville lawyer Wanda Sobieski has led the grassroots effort to erect the Woman's Suffrage Memorial, which is set to be unveiled Aug. 26. Read more about it in the
Knoxville News Sentinel

 
 
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