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Tennessee Supreme Court upholds term limits
The state Supreme Court upheld term limits for county commissioners in a unanimous ruling issued this morning. The decision came in a case filed by Shelby County commissioners who challenged a two-term limit authorized by voters in 1994. Commissioners opposed to the limits argued that they violated the state constitution, reports the Knoxville News Sentinel. The court expedited the case, issuing a ruling just eight days after hearing arguments and just over one month before the Shelby County primary election.
http://www.tba2.org/tba_files/TSC/2006/baileyw032906.pdf
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TODAY'S OPINIONS
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03 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink
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STATE OF TENNESSEE V. SEDLEY ALLEY
Order of the Court
Court: TSC
On January 16, 2004, this Court ordered that Sedley Alley's death sentence be executed on June 3, 2004. Subsequently, Alley filed a motion in the United States District Court for the Western District of Tennessee requesting relief under that court's inherent authority and under Fed. R. Civ. P. 60(b); Alley also filed a motion for stay of execution in the federal district court.
On May 19, 2004, the federal district court entered an order staying the execution pending that
court's "ruling on Petitioner's Rule 60(b) motion." On November 28, 2005, the federal district
court entered an order denying Alley's motion for relief from the judgment. On November 30,
2005, the State of Tennessee filed a motion in this Court to reset the date of Alley's execution.
On December 5, 2005, Alley filed a response to the State's motion. On December 9, 2005, Alley
filed in the federal district court a Motion to Alter or Amend Judgment pursuant to Fed. R. Civ.
P. 59(e). This Court held the State's motion to reset Alley's execution date in abeyance pending
disposition of the Rule 59(e) motion. On March 22, 2006, the State filed a Notice of Filing
Document in this Court stating that the federal district court had that same day entered an order
denying the motion to alter or amend judgment. A copy of the district court's order was attached
to the Notice. On March 24, 2006, Alley filed a response to the State's Notice of Filing Document.
Upon due consideration of the Motion to Set Execution Date, Alley's Response, the
Notice of Filing Document, and Alley's response thereto, the State's motion is GRANTED. It is
hereby ORDERED, ADJUDGED and DECREED by this Court that the Warden of the
Riverbend Maximum Security Institution, or his designee, shall execute the sentence of death as
provided by law on the 17th day of May, 2006, unless otherwise ordered by this Court or other
appropriate authority.
Counsel for Sedley Alley shall provide a copy of any order staying execution of this
order to the Office of the Clerk of the Appellate Court in Nashville. The Clerk shall
expeditiously furnish a copy of any order of stay to the Warden of the Riverbend Maximum
Security Institution.
Justice Birch would deny the State's motion to reset an execution date.
http://www.tba2.org/tba_files/TSC/2006/alleys032906.pdf
WALTER BAILEY, ET AL. v. COUNTY OF SHELBY, ET AL.
Court: TSC
Attorneys:
Allan J. Wade, Lori Hackleman Patterson, and Brandy S. Parrish, Memphis, Tennessee, for the
appellees, Walter Bailey, Julian Bolton and Cleo Kirk.
Leo Bearman, Jr. and Jason A. Strain, Memphis, Tennessee, for the appellants, County of Shelby,
Shelby County Election Commission, Gregory M. Duckett, Richard L. Holden, Nancye E. Hines,
O. C. Pleasant Jr. and Maura Black Sullivan.
Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, and Ann
Louise Vix, Senior Counsel, for the Intervenor, State of Tennessee.
Judge: BARKER
In this expedited appeal, this Court is asked to decide two questions of first impression. The
first question is whether a term limit provision contained in a county charter is authorized by
Tennessee Code Annotated Section 5-1-210(4). Like the lower courts, we answer this question in
the affirmative. The second question before this Court is whether Tennessee Code Annotated Section
5-1-210(4) violates Article VII, section 1, of Tennessee's constitution to the extent that the statute
authorizes a county with a charter form of government to impose terms limits upon members of its
legislative body. Unlike the Court of Appeals, we answer this question in the negative.
Accordingly, the judgment of the Court of Appeals is reversed. The judgment of the chancery court
is reinstated.
http://www.tba2.org/tba_files/TSC/2006/baileyw032906.pdf
MISTY MICHELLE GLISSON v. MOHON INTERNATIONAL, INC./CAMPBELL RAY
Corrected Case
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: BIRCH
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.
Case corrected on page four to add the word "or" between the words "record" and "otherwise" on line 6 of the paragraph quoting the 24th Judicial District Order of April 18, 1996.
http://www.tba2.org/tba_files/TSC/2006/glissonm_corr032906.pdf
LAWRENCE LEE BROWN v. KELLY SUE BROWN
Court: TCA
Attorneys:
Edwin C. Lenow of Memphis, Tennessee for Appellant, Lawrence Lee Brown.
David E. Caywood and Amy Black of Memphis, Tennessee for Appellee, Kelly Sue Brown.
Judge: CRAWFORD
This appeal involves a post-divorce dispute regarding child support and related issues. The
trial court awarded Wife/Appellee all of her attorney's fees and expenses, and couched one-half of
that award as additional child support pursuant to T.C.A. Section 36-5-103(c)(2005). Husband/Appellant
appeals asserting that the trial court erred in categorizing the attorney's fees as child support and on
the ground that the attorney's fees are excessive. We affirm.
http://www.tba2.org/tba_files/TCA/2006/brownl032906.pdf
PAUL LOUIS GRATTON v. BERNADETTE JULIANA GRATTON
Court: TCA
Attorneys:
Alfred H. Knight, Nashville, Tennessee, for the appellant, Paul Louis Gratton.
Helen Sfikas Rogers, Nashville, Tennessee, for the appellee, Bernadette Juliana Gratton.
Judge: COTTRELL
In this divorce action, Husband appeals the trial court's allocation of residential time for couple's
only minor child, and Wife appeals the division of marital property and related issues. We
affirm the trial court.
http://www.tba2.org/tba_files/TCA/2006/grattonp032906.pdf
JAVIER SOTO-HURTADO v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Javier Soto-Hurtado, Nashville, Tennessee, pro se.
Paul G. Summers, Attorney General & Reporter; Sophia Lee, Assistant Attorney General; and Robert
Radford, District Attorney General, for the appellee, State of Tennesse.
Judge: WADE
The petitioner, Javier Soto-Hurtado, has filed a pro se appeal of the post-conviction court's refusal
to reopen an earlier post-conviction petition which had been dismissed. He claims that he is entitled
to relief based upon the ruling in Blakely v. Washington, 542 U.S. 296 (2004). The judgment is
affirmed and the appeal dismissed.
http://www.tba2.org/tba_files/TCCA/2006/hurtadoj032906.pdf
JOSEPH JACKSON v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Kamilah E. Turner, Memphis, Tennessee, for the appellant, Joseph Jackson.
Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General;
William L. Gibbons, District Attorney General; and Alanda Horne Dwyer, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: TIPTON
The petitioner, Joseph Jackson, appeals the Shelby County Criminal Court's dismissal of his petition
for post-conviction relief from his convictions for two counts of attempted first degree murder and
resulting twenty-year concurrent sentences. On appeal, the defendant claims that his convictions
violate the Double Jeopardy provision of the federal constitution, that his indictments were
constitutionally defective, and that he received the ineffective assistance of counsel. We affirm the
judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2006/jacksonj032906.pdf
STATE OF TENNESSEE v. CLARICE PERKINS
Court: TCCA
Attorneys:
Clarice Perkins, Pro Se.
Paul G. Summers, Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General;
Jerry Woodall, District Attorney General; and Jim Thompson, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: WELLES
This is an appeal from the order of the trial court denying the Defendant's motion to withdraw guilty
pleas and motion to dismiss all charges. The Defendant, Clarice Perkins, was convicted of two
counts of aggravated assault pursuant to entry of guilty pleas. She received an effective eight-year
sentence to be served on probation. After sentencing, but before the judgments became final, the
Defendant filed pro se motions to withdraw her guilty pleas and to dismiss all charges. After
conducting an evidentiary hearing, the trial court denied both motions. On appeal, the Defendant
raises two issues: the trial court erred in denying (1) the Defendant's motion to withdraw her guilty
pleas, and (2) the Defendant's motion to dismiss all charges. We affirm the judgment of the trial
court.
http://www.tba2.org/tba_files/TCCA/2006/perkinsc032906.pdf
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| TODAY'S NEWS |
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Legislative News
Legal News
TennBarU CLE Programs
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| Legislative News |
| Bill to cap medical damages rejected |
| The House Judiciary Civil Practice Subcommittee last night voted down a proposal to cap damages and further limit attorneys' fees in actions against doctors, hospitals, nursing homes and other providers. The 3-2 vote may mean the death of the measure for this year. |
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| Legislative news of the day |
Legislation raising the base pay for state trial judges by 15% from $111,000 to $140,000 - with corresponding increases for appellate judges - had its first hearing today and successfully moved to the next step.
A bill to improve enforcement of prohibitions on the unauthorized practice of law cleared its first hurdle today when it was voted out of the Judicial Administration Subcommittee of the House Judiciary Commmittee.
The TBA bill to better conform estate recovery by TennCare with probate practice passed out of the House Civil Practice Subcommittee and will be heard next week in both the House and Senate Judiciary Committees.
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| The TBA Action List tracks bills in the General Assembly that the TBA has a direct interest in. This means it has either initiated the legislation, taken a postiion on the bill or has a policy on the issue. The TBA Watch List is a broader list of bills of interest to the Tennessee legal community. |
TBA Bill Tracking Service
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| UT announces symposium on retiring Supreme Court justices |
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