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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
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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
01 - TN Court of Appeals
01 - TN Court of Criminal Appeals
01 - 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
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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
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| TODAY'S NEWS |
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Legislative News
Legal News
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| 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.
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| 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
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| 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. |
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| 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.
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| 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
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| 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
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| 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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