TBA web site offers judicial campaign information

The Tennessee Bar Association is offering a number of resources for voters in upcoming judicial elections. Central among these is the Tennessee Fair Judicial Campaign Code of Conduct, which judicial candidates can sign to pledge that they will campaign in a manner that upholds the "public faith in the integrity of the justice system in Tennessee." You can read the full pledge and review a list of candidates who have already signed on at the TBA's Judicial Campaign web site.


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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

Corrected Case

Court: TCA


J. Brooks Fox and John Kennedy, Nashville, Tennessee, for the appellant, Metropolitan Government of Nashville and Davidson County, Tennessee.

Wilner Dieudonne, Nashville, Tennessee, Pro Se.


This action for personal injury arises out of a vehicular accident between the plaintiff and an on-duty police officer of the Metropolitan Government of Nashville and Davidson County. Plaintiff timely filed this action in the General Sessions Court; however, he failed to properly identify the defendant and service of process was returned unserved. Plaintiff did not attempt to renew service of process until after the one-year statute of limitations had run, waiting sixteen months before making his second attempt at service of process on the defendant. The trial court denied the defendant's motion to dismiss based upon its finding the plaintiff's delays in service of process did not constitute an abandonment of the claim. The case proceeded to trial, and the plaintiff was awarded damages. The defendant appeals contending the trial court erred by not dismissing the action. Finding the statute of limitations had run, we therefore reverse and remand with instructions to dismiss.

The correction in this case is as folows: On page two, the third full paragraph, line six, the sentence that reads "was not a legal entity capable of being served" has been change to read "was not a legal entity capable of being sued."



Court: TCA


Brian L. Kuhn, Shelby County Attorney; Robert B. Rolwing, Senior Assistant County Attorney, Memphis, TN, for Appellant.

JoeDae L. Jenkins, Memphis, TN, for Appellee.


After the Board of County Commissioners for Shelby County passed the county's 20032004 budget, the Trustee of Shelby County filed suit against the county mayor pursuant to section 8-20-101 et seq. of the Tennessee Code seeking additional personnel and funding for his department. After entering into a settlement agreement with the county, the trustee filed a motion seeking to recover his attorney's fees at a rate of $250 per hour. The county asserted that such fees were capped at $100 per hour pursuant to a budget resolution passed by the Board of County Commissioners. The trial court entered an order awarding the trustee his attorney's fees at a rate of $250 per hour pursuant to Section 8-20-107 of the Tennessee Code. The county appealed arguing that the trial court did not have the discretion to award attorney's fees in excess of the $100 per hour limit placed on such fees by the county legislative body. We affirm the decision of the trial court.



Court: TCA


Kevin A. Snider, Germantown, TN, for Appellant, Pamela Harris Marshall.

Brian L. Kuhn, Shelby County Attorney, Thomas E. Williams, Assistant County Attorney, Memphis, TN, for Appellee, Shelby County, TN.

Patrick M. Dandridge, Memphis, TN, for Appellees Kenneth T. Whalum, Jr., et al.


After delinquent property taxes accumulated on certain real property, the city and county pursued a tax sale of the subject property. The defendant purchased the property at the tax sale and received a deed from the clerk of the chancery court. After the one-year redemption period expired, the plaintiffs filed suit against various individuals and entities, including the present owner of the property and the county, seeking to rescind the sale. Specifically, the plaintiffs alleged that they were not provided with notice of the sale. The county subsequently conceded that it did not provide notice of the sale to the plaintiffs. The plaintiffs filed a motion for summary judgment. The present owner did not file an answer to the complaint and did not respond to the motion for summary judgment. After the trial court granted summary judgment to the plaintiffs, the present owner of the property filed a motion pursuant to Tennessee Rule of Civil Procedure 59.04 asking the trial court to set aside the order granting summary judgment. In her motion, the present owner sought to introduce evidence related to her claim that she was entitled to reimbursement for the approximately $68,000 spent improving the property. The trial court denied the motion, and the present owner appealed to this Court. We affirm the decisions of the chancery court in all respects. Moreover, we find this appeal to be so devoid of merit as to warrant the imposition of damages for the filing of a frivolous appeal.


Corrected Concurring Opinion

Court: TCCA


Robert Wilson Jones, District Public Defender; and Tony N. Brayton, Assistant Public Defender, for the appellant, Thomas Richardson, Jr.

Paul G. Summers, Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; William L. Gibbons, District Attorney General; and Charles W. Bell, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.


The defendant, Thomas Richardson, Jr., appeals his conviction for first degree felony murder. In support of his appeal, the defendant presents three issues: (a) The evidence is insufficient to support the conviction; (b) Two photographs of the victim were improperly admitted; and (c) Hearsay statements were improperly admitted. After a full review of the record, we have found no reversible error. We therefore affirm the judgment of the trial court as entered.

Corrected Concurring Opinion (Hayes)


Court: TCCA


William D. Massey and Lorna S. McClusky (on appeal), and Howard Wagerman (at trial), Memphis, Tennessee, for the appellant, Artis Whitehead.

Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; William L. Gibbons, District Attorney General; and Amy Weirich and Theresa McCusker, Assistant District Attorneys General, for the appellee, State of Tennessee.


The defendant, Artis Whitehead, appeals his convictions and sentencing on five counts of especially aggravated kidnapping (Class A felony); two counts of aggravated assault (Class C felony); two counts of aggravated robbery (Class B felony); two counts of especially aggravated robbery (Class A felony); and one count of attempted aggravated robbery (Class C felony). The consecutive sentences imposed totaled 249 years. On appeal, the defendant presents the following issues: (1) the evidence of identity was insufficient to support the conviction, (2) a computer composite of the suspect was improperly admitted into evidence, (3) the identification testimony of Ray Spence was improperly admitted, (4) the defendant was prevented from effective cross-examination of Sergeant Howell, and (5) the defendant was improperly sentenced. Having found no reversible error, we affirm the convictions and sentencing.



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New listings on JobLink
TBA JobLink is a career service for Tennessee attorneys and law students. New job openings recently posted on the site include a business affairs attorney with EMI Music in Brentwood; a collections attorney with SESAC, a music licensing agency in Nashville; and an instructor in law and legal writing at the Vanderbilt University Law School. Visit the site to learn more about these positions, create an online resume or post a job opening of your own.
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