Judges salary boost clears major hurdle; TBA bills advance

The bill to set new salaries for all state judges for the next eight years was approved by a vote of 6-2 with two abstentions in the Senate Judiciary Committee. The legislation now goes to the Senate Finance Ways and Means Committee. The TBA along with the Nashville, Memphis, Knoxville and Chattanooga Bar Associations and every other major bar group supports the proposal.

Other legislative news:

• Closing estates when TennCare might have a right to recoup benefits paid should be easier if the TBA's bill, which passed out of the House Judiciary Committee today, is enacted. The bill as amended also was adopted by the full Senate on a unanimous 30-0 vote.

• The amount counties could pay for room and board for juries would be raised from $500 to $1,500 under a bill that moved out of both the House and Senate Judiciary Committees today. The amount was last raised 28 years ago.

• Among the other 36 measures cleared by the House Judiciary Committee today was the TBA's technical corrections to last year's revised LLC law.


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 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
03 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
00 - TN Court of Appeals
05 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

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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

CHARLES CROSS v. NORROD BUILDERS, INC., ET AL.

Court: TWCA

Attorneys:

Stephen B. Morton, Nashville, Tennessee, for the Appellant, Norrod Builders, Inc., and Builders Mutual Insurance Company.

Donald G. Dickerson, Cookeville, Tennessee, for the Appellee, Charles Cross.

Judge: HARRIS

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated Section 50-6-225(e)(3) for hearing and reporting to the Supreme Court our findings of fact and conclusions of law. In this appeal, the employer asserts that the trial court erred in failing to order the Employee to submit to a medical examination requested by the Employer, in admitting improper evidence concerning a Form C-32, Standard Form Medical Report for Industrial Injuries (C-32) submitted by the Employer, in failing to consider that C-32, and in awarding to the Employee 75% permanent partial disability to the body as a whole as a result of an injury sustained during the course of his employment with Norrod Builders, Inc. We conclude that the trial court committed no error and the evidence presented does not preponderate against the findings of the trial judge. In accordance with Tennessee Code Annotated Section 50-6-225(e)(2), the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TSC_WCP/2006/crossc041106.pdf


CORA JEAN EARLS v. SOMPO JAPAN INS. CO. of AMERICA, ET AL.

Court: TWCA

Attorneys:

Mary M. Little, McMinnville, TN, for the Appellants, Sompo Japan Insurance Company of America and Calsonic Yorozu Corporation.

Barry H. Medley, McMinnville, TN, for the Appellee, Cora Jean Earls.

Judge: HARRIS

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court our findings of fact and conclusions of law. In this appeal, the employer asserts that the trial court erred in finding the employee had sustained a compensable injury during the course of her employment with Calsonic Yorozu Corporation and in awarding the employee 44% permanent partial disability. We conclude that the evidence presented does not preponderate against the findings of the trial judge and, in accordance with Tennessee Code Annotated section 50-6-225(e)(2), affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TSC_WCP/2006/earlsc041106.pdf


DEBRA ANN SEYBOLD v. CLARKSVILLE MONTGOMERY COUNTY SCHOOL SYSTEM

Court: TWCA

Attorneys:

Thomas A. Travaglini, Madison, Tennessee, for the Appellant, Debra Ann Seybold.

Suzanne Pearson, Clarksville, Tennessee, for the Appellee, Clarksville Montgomery County School System.

Judge: HARRIS

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court our findings of fact and conclusions of law. In this appeal, the employee asserts that the trial court erred in finding that the employee failed to prove a work-related injury and in dismissing her claim for workers' compensation benefits. We conclude that the evidence presented does not preponderate against the findings of the trial judge and, in accordance with Tennessee Code Annotated Section 50-6-225(e)(2), affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TSC_WCP/2006/seyboldd041106.pdf


COURTNEY CATRELL GOSS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Matthew Armour, Somerville, Tennessee, for the appellant, Courtney Catrell Goss.

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: OGLE

The petitioner, Courtney Catrell Goss, appeals the Fayette County Circuit Court's denial of his petition for post-conviction relief from his guilty plea to rape and the resulting twelve-year sentence. He contends that he did not plead guilty voluntarily and that he received the ineffective assistance of counsel. 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/gossc041106.pdf


WILLIAM HERMAN v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

William Herman, Appellant, Pro Se.

Paul G. Summers, Attorney General & Reporter; Benjamin A. Ball, Assistant Attorney General; and William C. Whitesell, Jr., District Attorney General, for the Appellee, State of Tennessee.

Judge: WITT

The pro se petitioner, William Herman, appeals the lower court's order construing his motion for a delayed appeal as a petition for post-conviction relief and denying his request for a delayed appeal. After a review of the record and applicable law, we affirm the judgment below.

http://www.tba2.org/tba_files/TCCA/2006/hermanw041106.pdf


ANDRE KEITH MAYS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Jefre S. Goldtrap, Nashville, Tennessee, for the Appellant, Andre Keith Mays.

Paul G. Summers, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Victor S. (Torry) Johnson III, District Attorney General; Jon Seaborg, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

A Davidson County jury convicted the Petitioner of two counts of first degree murder, two counts of especially aggravated robbery, and one count of attempted first degree murder. The Petitioner was sentenced to life plus an additional fifty years. The Petitioner filed a petition for post-conviction relief, which the post-conviction court dismissed. On appeal, the Petitioner contends that, because his trial counsel was ineffective, the post-conviction court erred when it dismissed his petition. Finding no reversible error, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2006/maysa041106.pdf


STATE OF TENNESSEE v. FRANK PEAKE, III

Court: TCCA

Attorneys:

H. Marshall Judd, Cookeville, Tennessee, for the Appellant, Frank Peake, III.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; William E. Gibson, District Attorney General; and Anthony J. Craighead, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

The Defendant, Frank Peake, III, was convicted of aggravated assault, and the trial court sentenced him to prison for six years as a Range II offender. On appeal, the Defendant contends that: (1) the trial court erred when it allowed a witness to testify about a prior threat made by the Defendant; (2) the trial court erred by failing to provide a jury instruction on circumstantial evidence and failing to provide a limiting jury instruction as to the prior threat made by the Defendant; and (3) the evidence presented at trial is insufficient to support his conviction for aggravated assault. Finding no reversible error, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/peakef041106.pdf


STATE OF TENNESSEE v. ALLAN JOSEPH ROBLE

Court: TCCA

Attorneys:

Guy T. Wilkinson, District Public Defender, and W. Jeffery Fagan, Assistant Public Defender, for the appellant, Allan Joseph Robles.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; G. Robert Radford, District Attorney General; and Steven L. Garrett, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Allan Joseph Robles, was convicted by a Henry County jury of aggravated sexual battery, a Class B felony, and was sentenced as a 100% violent offender to twelve years in the Department of Correction and fined $10,000. On appeal, he argues: (1) the evidence was insufficient to support his conviction; (2) the trial court erred in not granting his motion for acquittal; and (3) the trial court erred in not charging a lesser-included offense. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/roblesa041106.pdf


TODAY'S NEWS

Legal News
Legislative News
Election filings

Legal News
New bar leaders elected
Jerry V. Smith of Dickson has been elected president of the Dickson County Bar Association and will serve in the position for two years. The association recently changed the term of office from one year to two years. Christopher Kelly of Corley and Kelly PLLC in Dickson will serve as secretary/treasurer.

The Napier-Looby Bar Association in Nashville named 20th Judicial District Assistant Public Defender Allegra Montgomery as its president. Andrea Perry of Miller & Martin PLLC will serve as vice president. Secretary is Jonathan Richardson of Smith, Hirsch, Blackshear and Harris PLC. Treasurer is Nanci Adkins, in the regional counsel's office of the U.S. Department of Veterans Affairs.

Chancellor vows quick election ruling
Knox County Chancellor John Weaver said late Monday afternoon he would issue a ruling "as soon as possible" on whether to reschedule the county's May 2 primary election. If he approves the rescheduling, the election commission would be authorized to prepare a new ballot, likely excluding the names of 12 commissioner candidates who are subject to term limits. Earlier in the day, Weaver declined a motion requesting that he recuse himself from the case and said he would stay involved until the most pressing issues are decided. Read more in the
Knoxville News Sentinel
Disaster declaration extended to Middle Tennessee
A federal disaster declaration issued for Dyer and Gibson counties last week now will include Middle Tennessee counties affected by this past weekend's tornadoes, according to Governor Bredesen's office.

Former Meigs County clerk shot
Former Meigs County clerk Debbie Smith shot herself in the shoulder Saturday but is in stable condition, according to reports by the Chattanooga Times Free Press. Two weeks ago Smith resigned her position, citing health reasons. A month ago she was indicted on three counts related to her office but charges were dropped when she reigned.

Legislative News
Judiciary Chairman Fowlkes ends reelection bid
House Judiciary Chairman Joe Fowlkes withdrew from his re-election campaign yesterday, the Tennessean reports. The Cornersville Democrat is the fourth member of the party's House leadership to announce his retirement.
Read the full report
Internet fraud bill to become law
Legislation that would criminalize fraudulent use of the Internet to obtain personal information is on its way to Governor Bredesen according to the Knoxville News Sentinel. The bill, sponsored by Rep. Mark Maddox, D-Dresden, was unanimously approved by the House yesterday. It passed the Senate in February. Those convicted under the bill could face six months in jail or a fine of up to $500,000.

Senator Ramsey files new resolution to oust Ford
Senate Majority Leader Ron Ramsey yesterday filed another resolution calling for the ouster of Senator Ophelia Ford because of election irregularities. He called it "a backup" if the special committee investigating the election does not recommend Ford's removal from the Senate. Learn more in this story by the
Tennessean
Election filings
Loudon County candidates
The Loudon County News-Herald has the final list of individuals qualifying for the Aug. 3 election.
View the candidates here

 
 
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