Register online now for 125th Annual TBA Convention

Join your colleagues from the Tennessee legal community at the state's largest and longest-running gathering - the annual Tennessee Bar Association convention. This year's event will be in Memphis, June 14-17 at the Peabody Hotel. The event will again be held in conjunction with gatherings of the Tennessee Judicial Conference, the Tennessee Trial Lawyers Association and the Tennessee Lawyers' Association for Women. Register or find out more now.

http://www.tba.org/convention2006/index.html

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
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
04 - TN Court of Appeals
01 - TN Court of Criminal Appeals
02 - 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

IN RE: ESTATE OF MARY REEVES DAVIS

Court: TCA

Attorneys:

Ames Davis, Bryan Howard, Paul C. Hayes, Nashville, Tennessee, for the Appellant, Ames Davis, Administrator C.T.A. of the Estate of Mary Reeves Davis.

George H. Cate, Jr., Nashville, Tennessee.

Judge: FARMER

The probate court awarded attorney's fees to attorney retained by decedent's conservator. On appeal, administrator of decedent's estate contends the award was in error where estate disputes conservator's accounting. We affirm.

http://www.tba2.org/tba_files/TCA/2006/davismr_051206.pdf


KAREN DENISE HUDDLESTON JOHNSON v. JOHN KARL JOHNSON

Court: TCA

Attorneys:

Robert Todd Jackson, Brentwood, Tennessee, for the appellant, Karen Denise Huddleston Johnson.

Dana C. McLendon, III, Franklin, Tennessee for the appellee, John Karl Johnson.

Judge: CAIN

In this appeal, the ex-wife challenges the trial court's division of marital property, provision of child support and implementation of its own parenting plan regarding custody and visitation. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCA/2006/johnsonk_051206.pdf


GAIL A. PEGUES v. SHELBY COUNTY CIVIL SERVICE MERIT BOARD, ET AL.

Court: TCA

Attorneys:

John D. Horne of Memphis, Tennessee for Appellant, Gail A. Pegues.

Debra L. Fessenden, Assistant Shelby County Attorney, for Appellee, Shelby County Civil Service Merit Board and Shelby County Government.

Judge: CRAWFORD

This case arises from the decision of the Shelby County Civil Service Merit Board to terminate the employment of Gail Pegues, a Shelby County Buyer-Program Specialist. The Shelby County Chancery Court upheld the decision of the Civil Service Merit Board to terminate Ms. Pegues employment. She appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2006/peguesg_051206.pdf


ANTOINETTE CHRISTINE REGNIER v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY
With Concurring Opinion


Court: TCA

Attorneys:

Karl F. Dean, Director of Law, The Department of Law of the Metropolitan Government of Nashville and Davidson County, Lora Barkenbus Fox, John L. Kennedy, Nashville, Tennessee, for the appellant, The Metropolitan Government of Nashville and Davidson County.

David G. Ridings, Goodlettsville, Tennessee, for the appellee, Antoinette Christine Regnier.

Judge: CAIN

Police officer filed a sexual harassment retaliation claim under the THRA against the Metropolitan Government of Nashville and Davidson County as a result of her transfer from an instructor at the Police Training Academy to patrol duty. A jury found that Metro had engaged in retaliation in violation of the THRA and awarded Plaintiff $150,000 in damages in addition to $110,180.70 in costs and attorney's fees. Metro filed a motion for judgment as a matter of law, new trial or remittitur, which was denied by the trial court. Metro appeals claiming that Plaintiff failed to prove, as a matter of law, that her transfer was an "adverse employment action" as required by the THRA or in the alternative, that the amount of the award should be reduced. The judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCA/2006/regniera_051206.pdf

Concurring Opinion
http://www.tba2.org/tba_files/TCA/2006/regniera_con_051206.pdf


STATE OF TENNESSEE v. FRANK RANDALL SNOWDEN

Court: TCCA

Attorneys:

Brent Horst, Nashville, Tennessee, for the appellant, Frank Randall Snowden.

Paul G. Summers, Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; Garry G. Brown, District Attorney General; and Stephanie J. Hale, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The appellant, Frank Randall Snowden, pled guilty in the Gibson County Circuit Court to a violation of the residency restriction for convicted sex offenders, a Class A misdemeanor. He received a sentence of eleven months and twenty-nine days, suspended. As a condition of his plea, the appellant attempted to reserve a certified question of law as to "whether [Tennessee Code Annotated Section] 40-39-111 is constitutional under state and/or federal law and as applied to this [appellant]." Upon review of the record and the parties' briefs, we conclude that the appellant did not properly reserve his certified question, and, therefore, the appellant's appeal must be dismissed.

http://www.tba2.org/tba_files/TCCA/2006/snowdenf_051206.pdf


Dual Prosecutions for (1) Contempt for Violating an Order of Protection and (2) Violation of Tenn. Code Ann. Section 36-3-612 for Knowingly Violating a Protective Order

TN Attorney General Opinions

Date: 2006-05-09

Opinion Number: 06-085

http://www.tba2.org/tba_files/AG/2006/

Creation of Division of Juvenile Court

TN Attorney General Opinions

Date: 2006-05-09

Opinion Number: 06-086

http://www.tba2.org/tba_files/AG/2006/

TODAY'S NEWS

Legal News
Legislative News
Passages
TBA Member Services
Online CLE

Legal News
Dismissed tickets causing budget woes in Memphis
Memphis City Court Clerk Thomas Long says a $2 million drop in revenues from traffic fines is largely due to city judges who are dismissing tickets.
Read the Commerical Appeal story
Deputy, friend killed in Roane shooting
A Roane County deputy and a friend riding with him on patrol were shot to death Thursday evening in a confrontation with two brothers, who authorities say have a history of being "very anti-government."
Read the Knoxville News Sentinel's account
Legal group challenges new bankruptcy law
The National Association of Consumer Bankruptcy Attorneys, along with the Connecticut Bar Association, has filed suit in the Connecticut federal court to have the "debt relief agency" provisions of the new bankruptcy law held unconstitutional if they are applied to attorneys.
Read more about the case
Legislative News
Eminent domain bill has holes
Likely reform to eminent domain law in Tennessee may not deliver the punch some proponents hoped for, a Tennessean story says.
Read the story
State GOP considers Bredesen health plan as vehicle for tort reform
Senate Republicans are considering attaching medical malpractice reform to Gov. Phil Bredesen's Cover Tennessee health initiative, causing concern for the administration and criticism from trial lawyers, the Nashville City Paper reports.
Read the full story
House backs voting rights restoration bill
The Tennessee House Thursday approved legislation to streamline the process of restoring voting rights for convicted felons in Tennessee who have completed their sentences. The bill now goes to the Senate, which had approved a similar bill last year.
Read the Commerical Appeal story
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
Passages
Services Saturday for Nashville lawyer
David F. Gore, a lawyer most recently with Stewart, Estes and Donnell, passed away on May 9 at the age of 47. A memorial service will be held Saturday at noon at Christ Church Catherdral, 900 Broadway. In lieu of flowers, donations may be made to Alcoholics Anonomyous or the ASPCA.

TBA Member Services
Let JobLink help you with your next career move
A career service for Tennessee attorneys and law students, TBA JobLink is a job seeking and recruitment tool available at no charge. Whether you have a position to fill or are seeking employment, this site will guide you through a simple process to post your information.
Visit the site
Online CLE
Online CLE course looks at lawyer advertising
ABA and state ethics rules have not kept up with the daily challenges that the Internet presents to lawyer advertising. This new TennBarU® online CLE course will shed light on familiar and not-so-familiar activities regarding Internet advertising.
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