Two more apply for Supreme Court position

George T. "Buck" Lewis of Memphis and Stephen A. Cobb of Nashville have applied for one of the upcoming vacancies on the Tennessee Supreme Court. Other applicants to date are: Court of Criminal Appeals Judge J.C. McLin of Memphis, J. Houston Gordon of Covington, Court of Criminal Appeals Judge Gary R. Wade of Sevierville, Court of Appeals Judge Frank Clement, D. Bruce Shine of Kingsport, Circuit Court Judge Dea Kelly Thomas, Jr., of Maryville, and Phillip A. Condra of Whitwell, district public defender for the 12th Judicial District.

There will be two vacancies with the Aug. 31 retirements of Justices E. Riley Anderson and Adolpho A. Birch Jr. Deadline to apply for the first position is tomorrow.

http://www.tncourts.gov/

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
01 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
05 - TN Court of Appeals
04 - TN Court of Criminal Appeals
04 - 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

LEE FRANKLIN GRACE v. KEHE FOOD DISTRIBUTORS, INC.

Court: TWCA

Attorneys:

Lindsey B. Lander, Knoxville, Tennessee, for Appellant, KEHE Food Distributors, Inc.

Jimmie D. Turner, Oliver Springs, Tennessee, for Appellee, Lee Franklin Grace.

Judge: THOMAS R. FRIERSON, II

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 seventy-five (75) percent permanent, partial vocational disability to the left leg. On appeal, the employer contends that the employee's injury was not work related and therefore not compensable. The employer also contends that benefits should be denied because the Plaintiff failed to provide the requisite notice of injury to the employer and that the action was not timely filed within the applicable statute of limitations. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TSC_WCP/2006/gracel033006.pdf


CHARLES CLAYTON FORD, JR. v. VALERIE DENISE FORD

Court: TCA

Attorneys:

David C. Lee, Knoxville, Tennessee, for the appellant, Charles Clayton Ford, Jr.

No appearance on behalf of Valerie Denise Ford.

Judge: CHARLES D. SUSANO, JR.

This is a divorce case. The trial court granted Charles Clayton Ford, Jr. (“Husband”) a divorce from Valerie Denise Ford (“Wife”) and awarded him primary physical custody of the parties’ two minor children. Wife was ordered to pay prospective child support. According to Husband, the children had been in his custody since the parties’ separation, almost a year and a half prior to the entry of the judgment of divorce. Despite this, the trial court failed to award any retroactive support. Husband appeals, contending that the trial court erred in failing to order retroactive child support or to file written findings as to why such support was not ordered. We affirm.

http://www.tba2.org/tba_files/TCA/2006/fordc033006.pdf


MAYNARD M. GORDON d/b/a NEWS ANALYSIS v. HORIZON COMMUNICATIONS, INC.

Court: TCA

Attorneys:

John C. Lyell, II and John R. Reynolds, Nashville, Tennessee for the Appellants, Maynard M. Gordon d/b/a News Analysis and News Analysis, Inc.

Glenn Cox, Columbia, Tennessee for the Appellee, Horizon Communications, Inc.

Judge: D. MICHAEL SWINEY

Maynard M. Gordon d/b/a News Analysis (“Plaintiff”) sued Horizon Communications, Inc. (“Defendant”) claiming, in part, that Defendant had breached a contract with Plaintiff. After a bench trial, the Trial Court entered an order finding and holding, inter alia, that Plaintiff had materially breached the contract and, therefore, was not entitled to recover under it. The Trial Court’s order dismissed Plaintiff’s complaint. Plaintiff appeals to this Court claiming that the Trial Court erred by holding 1) that Plaintiff breached the contract; 2) that Defendant did not waive Plaintiff’s breach; and 3) that Defendant had not breached the contract. We affirm.

http://www.tba2.org/tba_files/TCA/2006/gordonm033006.pdf


JOHN JAY HOOKER v. BETTYE L. NIXON, ET AL.

Court: TCA

Attorneys:

John Jay Hooker, Nashville, Tennessee, Pro Se.

Karl F. Dean, Director of Law; Lora Barkenbus Fox, J. Brooks Fox and John L. Kennedy, Department of Law of the Metropolitan Government of Nashville and Davidson County, for the appellee, Bettye L. Nixon, et al.

Judge: WILLIAM C. KOCH, JR.

Plaintiff filed this action to challenge the constitutionality of the Charter provision of the Metropolitan Government of Nashville Davidson County, Tennessee that imposes term limits on certain elected offices. The defendants filed a motion to dismiss contending the plaintiff did not have standing to maintain the action because he had not sustained a private injury distinct from other voters. The trial court agreed and dismissed the complaint. Finding no error, we affirm.

http://www.tba2.org/tba_files/TCA/2006/hookerj033006.pdf


DAVID ALLEN KELLETT v. STACY (TRENT) KELLETT STUART

Court: TCA

Attorneys:

Douglas T. Jenkins, Rogersville, Tennessee, for the Appellant David Allen Kellett.

R.B. Baird, III, Rogersville, Tennessee, for the Appellee Stacy (Trent) Kellett Stuart.

Judge: D. MICHAEL SWINEY

Stacy Kellett Stuart (“Mother”) and David Allen Kellett (“Father”) were divorced in 2000. The parties agreed in the divorce that Mother would be the primary residential parent for the parties’ three daughters, and Father would be the primary residential parent for the parties’ son. During the parties’ marriage, Mother was hospitalized several times for her bipolar disorder. When Mother was hospitalized after the divorce, Father obtained temporary custody of the three girls and also sought a permanent change in their custody. Following a trial, the Trial Court concluded there was no material change in circumstances sufficient to justify a change in custody. The Trial Court further determined that it was in the best interests of the parties’ three daughters for Mother to remain as their primary residential parent. Father appeals, and we affirm.

http://www.tba2.org/tba_files/TCA/2006/kellettd033006.pdf


KRYSTAL REED, ET AL. v. TENNESSEE FARMERS MUTUAL INSURANCE COMPANY

Court: TCA

Attorneys:

Lynne D. Swafford, Pikeville, Tennessee, for the appellant, Tennessee Farmers Mutual Insurance Company.

Howard L. Upchurch, Pikeville, Tennessee, for the appellees, Krystal Reed and Susan Beck, Co-Administrators of the Estate of Karen D. Durham.

Judge: CHARLES D. SUSANO, JR.

Krystal Reed and Susan Beck, co-administrators of the estate of Karen D. Durham (“the decedent”), brought suit against Tennessee Farmers Mutual Insurance Company, seeking to recover a $10,000 death benefit under the terms of a policy of automobile insurance. The general sessions court found for the estate, holding that the estate had complied with the terms of the policy by submitting – in the words of the policy – “a police report or other proof establish[ing] with reasonable certainty” that the decedent was wearing a proper occupant restraint at the time of the accident. Tennessee Farmers appealed to the trial court and the estate filed a motion for summary judgment. The trial court granted the estate’s motion, holding that the policy unambiguously provides that the submission of the requisite police report was sufficient to establish Tennessee Farmers’ liability for the death benefit. The court also held that the plain language of the policy did not permit Tennessee Farmers to present any contradictory proof on the subject of whether the decedent was wearing the proper restraint at the time of the accident. Tennessee Farmers appeals, challenging this latter ruling. We affirm.

http://www.tba2.org/tba_files/TCA/2006/reedk033006.pdf


STATE OF TENNESSEE v. MICHAEL W. BELCHER

Court: TCCA

Attorneys:

Gene Scott, Jr., Johnson City, Tennessee, for the Appellant, Michael W. Belcher.

Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Robert H. Montgomery, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: JAMES CURWOOD WITT, JR.

The defendant, Michael W. Belcher, was convicted by a Sullivan County jury of two counts of aggravated assault by reckless conduct, for which he received an effective 24-year sentence as a career offender. Aggrieved of his convictions, the defendant brings the instant appeal challenging the sufficiency of the evidence to support his two convictions. After a thorough review of the record and applicable law, we hold that the evidence is sufficient to support the convictions and accordingly affirm the judgments of the lower court.

http://www.tba2.org/tba_files/TCCA/2006/belcherm033006.pdf


RONALD EUGENE GILMORE v. KENNETH LOCKE, WARDEN

Court: TCCA

Attorneys:

Ronald Eugene Gilmore, pro se.

Paul G. Summers, Attorney General & Reporter; Blind Akrawi, Assistant Attorney General; and Dan Hamm, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GARY R. WADE

The petitioner, Ronald Eugene Gilmore, appeals the trial court's dismissal of his petition for habeas corpus relief. In this appeal, he alleges that (1) his judgment of conviction for assault with intent to commit murder is void because the indictment was defective; (2) the state failed to disclose exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963); (3) the trial court erred by failing to properly instruct the jury; and (4) the trial court erred by not appointing counsel. The judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2006/gilmorer033006.pdf


CORNELIUS MARSHALL v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Periann Houghton, Brownsville, Tennessee, for the appellant, Cornelius Marshall.

Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Elizabeth T. Rice, District Attorney General; and Terry Dycus, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: NORMA MCGEE OGLE

The petitioner, Cornelius Marshall, appeals the Fayette County Circuit Court’s denial of his petition for post-conviction relief from two counts of attempted first degree murder, one count of facilitation to commit aggravated arson, and resulting effective twenty-five-year sentence. He contends that he received the ineffective assistance of counsel and that he did not plead guilty knowingly, intelligently, and voluntarily. Upon review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2006/marshallc033006.pdf


STATE OF TENNESSEE v. JOE MICHAEL SHELTON

Court: TCCA

Attorneys:

J. Daniel Freemon, Lawrenceburg, Tennessee, for the appellant, Joe Michael Shelton.

Paul G. Summers, Attorney General and Reporter; Jane L. Beebe, Assistant Attorney General; T. Michel Bottoms, District Attorney General; and Beverly White, Assistant District Attorney General, for the appellee, State of Tennessee.

The defendant, Joe Michael Shelton, appeals the Giles County Circuit Court’s order revoking his probation and denying his motion for a reduced sentence. On appeal, the defendant claims (1) that the trial court abused its discretion in revoking his probation and ordering him to serve his sentence in confinement, (2) that the trial court erred in not considering alternative sentencing, and (3) that he was denied his right to due process because the trial court did not rule on his motion to rehear addressing prosecutorial bias. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/sheltonj033006.pdf


Authority to Rename Public Roads

TN Attorney General Opinions

Date: 2006-03-30

Opinion Number: 06-54

http://www.tba2.org/tba_files/AG/2006/ag_06-54.pdf

Residency Requirements for City Officials

TN Attorney General Opinions

Date: 2006-03-30

Opinion Number: 06-55

http://www.tba2.org/tba_files/AG/2006/ag_06-55.pdf

Service on Tennessee Ethics Commission

TN Attorney General Opinions

Date: 2006-03-30

Opinion Number: 06-56

http://www.tba2.org/tba_files/AG/2006/ag_06-56.pdf

Legality of Provisions of H.B. 2501 Permitting Distribution of Expired Legend or Prescription Drugs Through Non-Profit Organizations

TN Attorney General Opinions

Date: 2006-03-30

Opinion Number: 06-57

http://www.tba2.org/tba_files/AG/2006/ag_06-57.pdf

TODAY'S NEWS

Legal News
Legislative News
TBA Member Services
TennBarU CLE Programs

Legal News
Court clerk resigns following indictment
Meigs County Circuit Court Clerk Debbie Smith has resigned after being charged in a three-count grand jury indictment, the Chattanooga Times Free Press reports. The criminal charges were brought Monday and were dismissed with Smith's resignation Tuesday, according to a prepared statement released Wednesday by 9th Judicial District Attorney J. Scott McCluen. Read about it, and plans for filling the vacant seat,
here.
TBA-sponsored Diversity Summit convenes Saturday in Memphis
Nationally known civil rights attorney Fred Gray will headline a Diversity Summit this Saturday in Memphis for leaders of the Tennessee legal community. Sponsored by the Tennessee Bar Association, the summit will jump start a statewide discussion on diversity in the legal profession and explore concrete ways of increasing diversity in Tennessee’s legal community.
Read more about the Diversity Summit
Windle is lawyer, legislator and soldier, too
When Livingston lawyer John Mark Windle was sent to Iraq with his National Guard unit, one thing he left behind was his job as a representative in the Tennessee legislature. Read about why he went to war and what he found there in the
Nashville Scene.
Child rape case goes to court for the third time
After two juries have not been able to decide the guilt or innocence of a man accused of inappropriately touching a 10-year-old girl, this Maryville case is back in Blount County Circuit Court today. Follow it in
The Daily Times.
Legislative News
Secrecy proposal aims at lawyers
If a bill under consideration by the Tennessee legislature is approved, virtually all personal information regarding those involved in traffic collisions might no longer be available to the public. Backers of the bill cite "unscrupulous" people trying to contact accident victims. "It was clear what they wanted them for: They were in cahoots with a lawyer." Read more about it in the
Commercial Appeal.
Anti-predatory lending drive at 'critical point'
The push for state laws to curb predatory lending hits what a member of the Memphis-Shelby County Anti-Predatory Lending Coalition call a "critical point in time" starting today. That's when a study committee, headed by Sen. Roy Herron, D-Dresden, convenes to discuss proposed laws to regulate mortgage lending practices. Read about it in the
Commercial Appeal.
Track legislation of interest to Tennessee attorneys
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
TBA Member Services
TBA MBNA MasterCard
Show your TBA affiliation and get a low annual percentage rate with the TBA MBNA MasterCard.
Find out more
TennBarU CLE Programs
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.
Register or learn more

 
 
UNSUBSCRIBE TO TBAToday? ... SURELY NOT!
But if you must, visit the TBALink web site at: http://www.tba2.org/tbatoday/unsub_tbatoday.php

TBALink HomeContact UsPageFinderWhat's NewHelp
 
 
© Copyright 2006 Tennessee Bar Association