House committee acts on unauthorized practice of law bill
The House Judiciary Committee today began work on its 72 item "final" calendar adopting recommendations on several bills and referring several to its "summer study" docket. Among the bills forwarded with recommendations for passage is TBA's bill to strengthen enforcement of the unauthorized practice of law statute. The committee's final, final calendar will be next week.
In other legislative action today:
The Senate Commerce, Labor & Agriculture Committee cleared two bills addressing predatory lending. The bills, sponsored by Sens. Steve Southerland and James Kyle, establish new standards, limits and enforcement mechanisms for high-rate home equity lending. Read the bills and the amendments at SB3800 and SB3889.
Litigation loans, which testimony showed could go as high as 180 percent annually, would be brought under regulatory control under another bill recommended for passage at what Commerce Committee Chair Jerry Cooper announced was the last meeting of the committee.
Sorry Works! a medical apology, disclosure and remedy program being touted as one way to address medical professional liability got a thorough hearing today and is likely to be the subject of a special study during the off season.
The Senate Judiciary Committee heard from Sens. Doug Jackson and David Fowler, who are working on amendments to Jackson's bill fostered by the Farm Bureau. The committee may take up that legislation next week.
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Howard H. Vogel
KAITLYN CALAWAY EX REL. KATHLEEN CALAWAY v. JODI SCHUCKER, M.D.
Order of the Court
Darrell E. Baker, Jr., David Shaw Sadlow, and Deborah Whitt, Memphis, Tennessee, for the
appellee, Jodi Schucker, M.D.
Craig P. Sanders and Marty R. Phillips, Jackson, Tennessee, for Amicus Curiae, Tennessee
John A. Day, Brentwood, Tennessee, for Amicus Curiae, Tennessee Trial Lawyers Association
The appellants, Kaitlyn Calaway and Kathleen Calaway, filed a motion for rehearing of the opinion of this Court issued February 21, 2006. In their petition, the appellants request that the Court give prospective application of the newly announced rule to cases involving injuries occurring after December 9, 2005, rather than to cases commenced after this date. Upon due consideration, we conclude that the appellants' petition is not well-taken and should be denied. Also before the Court is a motion to rehear filed by the appellee, Dr. Jodi Schucker. Appellee argues violation of her Due Process rights on two grounds: (1) that she was not given the opportunity to respond to the plaintiff's motion to rehear on the matter of prospective application and (2) that prospective application of the new rule in a manner consistent with Due Process requires this Court to balance the appellant's reliance interest on the old rule against the
appellee's vested property interest in the new rule. After careful consideration, the Court is of the opinion that this motion filed by the appellee should be denied. Justices Anderson and Holder adhere to the views previously expressed in their previously filed dissent.
Order of the Court
With Dissenting Opinion
TAMMY SEARLE v. JUVENILE COURT FOR WILLIAMSON COUNTY, TENNESSEE
John E. Herbison, Nashville, Tennessee, for the Appellant, Tammy Searle.
Lisa M. Carson, Franklin, Tennessee, for the Appellee, Juvenile Court for Williamson County,
Pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure, we granted permission to appeal
in this case in order to address a question of first impression: whether the petitioner's current status
as a fugitive prevents consideration of her habeas corpus petition. Because we conclude that the
fugitive disentitlement doctrine bars consideration of this habeas corpus petition, we affirm the
judgment of the Court of Appeals.
Correction in the second full paragraph on page four:
US LEC OF TENNESSEE, INC. v. TENNESSEE REGULATORY AUTHORITY
Henry M. Walker and Kristy R. Godsey, Nashville, Tennessee, for the appellant, US LEC of
Carlos C. Smith and Mark W. Smith, Chattanooga, Tennessee, for the appellee, Electric Power
Board of Chattanooga.
J. Richard Collier, Carolyn E. Reed, and Randall Gilliam, Nashville, Tennessee, for the appellee,
Tennessee Regulatory Authority.
This appeal involves a dispute between two telecommunications services providers in the
Chattanooga market. A privately owned provider filed a complaint with the Tennessee
Regulatory Authority asserting that a competing provider owned by a municipal electric utility
was receiving an illegal cross-subsidy because the electric utility was permitting the provider to
use its name without compensation. One of the Authority's hearing officers conducted a hearing
and then filed an initial order concluding that the provider owned by the electric utility was not
receiving a cross- subsidy in violation of Tenn. Code Ann. Section 7-52-402 (2005). After the initial
order became final, the private provider filed a Tenn. R. App. P. 12 petition for review with this
court. We have concluded that the provider's uncompensated use of the electric utility's name is not a cross-subsidy prohibited by Tenn. Code Ann. Section 7-52-402.
GLENN E. BILYEU v. VOLUNTEER STATE BANK
Allen Barnes, Nashville, Tennessee, for the appellant, Glenn E. Bilyeu.
John H. Lowe and Paul W. Duty, Goodlettsville, Tennessee, for the appellee, Volunteer State
This appeal involves a dispute between a guarantor and a bank regarding the continuing
enforceability of his guaranty. The guarantor filed suit in the Chancery Court for Sumner
County asserting that a bank officer made an oral promise to relieve him of this guaranty
obligation. The bank denied the allegation and moved for a judgment on the pleadings on the
ground that the guarantor's claims violated the statute of frauds in Tenn. Code Ann. Section 29-2-
101(b)(1) (2000). The trial court granted the motion and dismissed the guarantor's claims. The
guarantor has appealed. We affirm the dismissal of the guarantor's complaint.
WILLIAM RAL CROSS, JR. v. SHELBY COUNTY, TENNESSEE
Debra L. Fessenden, Memphis, Tennessee, for the Appellant, Shelby County, Tennessee.
Edward M. Bearman, Memphis, Tennessee, for the Appellee, William Ral Cross, Jr.
Petitioner/Appellee Cross filed a complaint in federal court against Shelby County and Shelby
County Deputy Sheriff Bishoff pursuant to 42 U.S.C. Section 1983. The federal court awarded Shelby
County partial summary judgment and judgment as a matter of law. The action against Deputy
Bishoff was heard by a jury, which awarded Mr. Cross damages and legal fees. Mr. Cross then filed
a complaint in Shelby County Circuit Court alleging that, under Tennessee Code Annotated Section 8-8-
302, Shelby County was liable for the amount of damages awarded him in the federal court action.
The trial court awarded Mr. Cross summary judgment, and Shelby County appeals. We reverse and
award summary judgment to Shelby County on the grounds of res judicata.
TANYA GILLISPIE a/n/k SEAN GILLISPIE, DECEASED v. CITY OF KNOXVILLE, TENNESSEE
A. Philip Lomonaco, Knoxville, Tennessee, for the Appellant, Tanya Gillispie a/n/k Sean Gillispie,
Robert H. Watson and Reid A. Spaulding, Knoxville, Tennessee, for the Appellee, City of
This appeal arises out of a wrongful death action filed against the City of Knoxville under the
Tennessee Governmental Tort Liability Act by Plaintiff Tanya Gillispie as next of kin of her son who
was shot and killed by a police officer. Ms. Gillispie claimed that her sonís death was caused by
the negligence of both the officer who shot her son and that officerís assisting partner. The trial
court entered judgment in favor of the City, and Plaintiff appeals upon grounds that the trial court's
ruling was based solely upon its consideration of the actions of the shooting officer. Ms. Gillispie
contends that the trial court committed reversible error in failing to consider whether the actions of
the other officer were negligent. She also appeals the trial court's order denying her motion for new
trial, arguing that a new trial before a different judge was warranted because the trial judge failed to
disclose that his son is a deputy employed by the Knox County Sheriff's Department, and this fact
created a reasonable question of bias. We affirm the judgment and order of the trial court upon our
determination that the actions of the nonshooting officer were not the proximate cause of the death
of Ms. Gillispie's son, and we affirm the trial court's order denying the motion for new trial upon
our determination that Ms. Gillispie failed to submit evidence creating a reasonable question as to
the trial judge's impartiality.
KEVIN MILLEN v. TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT
Kevin Millen, Pro Se.
Paul G. Summers, Attorney General and Reporter and Lauren S. Lamberth, Assistant Attorney
General, for the appellee, James Neeley, Commissioner of the Tennessee Department of Labor and
The Appellant filed a claim for unemployment benefits which was denied. Appellant petitioned for
judicial review in the chancery court and that court affirmed the decision of the Board of Review.
Appellant next appealed to this Court and we affirm the court below.
STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES v. S.M.D. Re: D.J.D.; L.J.D.; Q.A.M.; D.I.M.M.; C.M.
Cara C. Welsh, Chattanooga, Tennessee for the Appellant, S.M.D.
Paul G. Summers, Attorney General and Reporter and Amy T. Master, Assistant Attorney
General for the Appellee, State of Tennessee, Department of Children's Services.
The State of Tennessee, Department of Children's Services (the State) filed a petition to terminate S.M.D.'s (Mother) parental rights to five minor children (the Children). The case was tried and the Juvenile Court entered its order on July 5, 2005, inter alia, terminating Mother's parental rights to the Children. Mother appeals claiming that there was no clear and convincing evidence to support the grounds for termination, that the Juvenile Court erred in
restricting testimony, and that there was no clear and convincing evidence to support a finding
that termination was in the best interest of these children. We affirm.
STATE OF TENNESSEE v. RAYMOND GRIGGS
Richard G. Rosser, Somerville, Tennessee (on appeal); Gary F. Antrican, District Public Defender;
and Shana McCoy-Johnson, Assistant Public Defender (at trial), for the appellant, Raymond Griggs.
Paul G. Summers, Attorney General and Reporter; Seth P. Kestner, Assistant Attorney General;
Elizabeth T. Rice, District Attorney General; and Terry Dycus, Assistant District Attorney General,
for the appellee, State of Tennessee.
Following a search of his residence, Defendant, Raymond Griggs, was indicted on two counts.
Count one charged possession of a schedule II controlled substance (cocaine) with intent to deliver
.5 grams or more, and count two charged Defendant with being a convicted felon in possession of
a handgun. Prior to trial, Defendant filed a motion to suppress all evidence obtained as a result of
the search warrant. The trial court denied the motion. A jury trial was held and Defendant was
convicted of count two, convicted felon in possession of a handgun. A mistrial was declared as to
count one, presumably because the jury could not reach a unanimous verdict. Defendant filed a
motion for new trial which the trial court subsequently denied. On appeal, Defendant argues that (1)
the evidence presented at trial was insufficient as a matter of law to sustain the conviction of being
a convicted felon in possession of a handgun, and (2) the trial court erred in failing to suppress the
evidence obtained as a result of the search warrant. After a thorough review of the record, we affirm
the judgment of the trial court.
STATE OF TENNESSEE v. MICHAEL JAMES GRUBB
David W. Tipton, Bristol, Tennessee, for the appellant, Michael James Grubb.
Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General;
Greeley Wells, District Attorney General; and William B. Harper, Assistant District Attorney
General, for the appellee, State of Tennessee.
This is a direct appeal as of right from a conviction on a jury verdict for aggravated robbery. The
Defendant was sentenced as a Range I, standard offender to twelve years in the Department of
Correction. On appeal, the Defendant raises four issues: (1) the trial court erred in overruling his
motion to suppress evidence obtained during a search of his car, (2) the trial court erred in allowing
into evidence the preliminary hearing testimony of a police officer who was deceased at the time of
trial, (3) the evidence was insufficient to find him guilty of aggravated robbery, and (4) his sentence
is excessive. We affirm the judgment of the trial court.
Constitutionality of Proposed Legislation Requiring a Person Arrested For a Violent Felony or Aggravated Burglary to Provide a Biological Specimen For DNA Analysis
TN Attorney General Opinions
Opinion Number: 06-070
Applicability of the Open Meetings Act to the Tennessee School Boards Association
TN Attorney General Opinions
Opinion Number: 06-071
Senate Bill 3813 Regarding Credit Cards
TN Attorney General Opinions
Opinion Number: 06-072
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