Board recommends delay for Alley's execution

After a hearing today, the state's probation and parole board recommended that the governor delay Sedley Alley's execution until DNA testing is done on several items found at the crime scene. Alley is set to be executed Wednesday at 1 in the morning. Now, Gov. Phil Bredesen must decide what happens next, Nashville's NewsChannel 5 reports .

On Friday, a federal appeals court panel had lifted a stay of execution granted to Alley the day before, saying he had delayed unnecessarily in objecting to the state's lethal injection procedure. On Sunday, the 6th Circuit U.S. Court of Appeals also ruled against Alley, saying that the denial of his request for DNA testing of crime scene materials was not a violation of his Eighth or Ninth Amendment rights.
TODAY'S OPINIONS
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Editor-in-Chief, TBALink

SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TSC

http://www.tba2.org/tba_files/TSC/2006/certlist051506.pdf


TAMMIE C. ALLEN v. SIDNEY MCPHEE, ET AL.

Court: TCA

Attorneys:

Steven E.Sager, L. Gilbert Anglin, Murfreesboro, Tennessee, for the appellant, Tammie C. Allen.

Barbara J. Moss, Nashville, Tennessee, for the appellee, Sidney McPhee, in his individual capacity.

Paul G. Summers, Attorney General and Reporter; William J. Marett, Jr., Sr. Counsel, Civil Litigation and State Services Division; for the appellees, State of Tennessee, Tennessee Board of Regents, Middle Tennessee State University, Charles Manning in his official capacity as Chancellor of the Tennessee Board of Regents, and Sidney McPhee in his official capacity as President of Middle Tennessee State University.

Judge: WILLIAM B. CAIN

State employee sued the State of Tennessee, Middle Tennessee State University, its Chancellor, and the Tennessee Board of Regents for gender-based discrimination in the form of a sexually hostile work environment and for retaliation in violation of the Tennessee Human Rights Act. Employee also sued the President of MTSU individually for sexual harassment and for retaliation in violation of the Tennessee Human Rights Act. The trial court granted the President of MTSU and the State’s motions for summary judgment on all issues. We affirm the decision of the trial court in all respects.

http://www.tba2.org/tba_files/TCA/2006/allent051506.pdf


STATE OF TENNESSEE ex rel. NICOLE M. BUSS v. JAMES M. FLINN

Court: TCA

Attorneys:

James M. Flinn, pro se Appellant.

Paul G. Summers, Attorney General and Reporter, and Warren Jasper, Assistant Attorney General, Nashville, Tennessee, for the Appellee State of Tennessee ex rel. Nicole M. Buss.

Judge: D. MICHAEL SWINEY

Nicole M. Buss (“Mother”) and James M. Flinn (“Father”) were divorced in 2002 by order of the Campbell County General Sessions Court. The final judgment of divorce designated Mother the primary residential parent of the parties’ minor child, and set the amount of Father’s child support arrearages as well as his current child support payment. After this Court remanded this case in the first appeal of this matter, the Campbell County General Sessions Court transferred the case to the Anderson County Chancery Court. Father later was found in civil contempt for willfully violating a direct order of the Chancery Court. Father appeals claiming the Chancery Court lacked subject matter jurisdiction to enforce the order of the Sessions Court and that the Chancery Court erred in finding him in civil contempt. We affirm.

http://www.tba2.org/tba_files/TCA/2006/bussn051506.pdf


IN RE: THE ESTATE OF SHERMAN FETTERMAN by GLENDA FETTERMAN and KENDRA MARLOW v. JOHNNY KING

Court: TCA

Attorneys:

Johnny V. Dunaway, LaFollette, Tennessee, for the Appellant Johnny King.

Stephen W. Gibson, Ronald L. Grimm, and John B. Fowler, Knoxville, Tennessee, and George H. Buxton and Harold P. Cousins, Jr., Oak Ridge, Tennessee, for the Appellee The Estate of Sherman Fetterman by Glenda Fetterman and Kendra Marlow.

Judge: D. MICHAEL SWINEY

This lawsuit involves a claim for attorney fees filed by the Estate of Sherman Fetterman (the “Estate”) against John King (“King”) and seeks payment for legal services provided by Sherman Fetterman (“Fetterman”) prior to his death. The legal services were provided over several years while Fetterman was assisting in King’s ultimately successful attempt to secure a landfill permit in Scott County, Tennessee. After the first trial, the Trial Court enforced a written contract between Fetterman and King and awarded the Estate the contract value of $800,000. We concluded in the appeal of that judgment that the contract was not enforceable for various reasons, and, therefore, we reversed the Trial Court’s judgment and remanded the case to the Trial Court to determine the quantum meruit value to King of Fetterman’s legal services. Following a second trial, the Trial Court awarded the Estate $350,000, plus prejudgment interest at 10%, bringing the total judgment to $587,424.54. We affirm the Trial Court’s judgment as modified.

http://www.tba2.org/tba_files/TCA/2006/fettermans051506.pdf


JOHN ROBERTS v. DONALD BLEVINS, ET AL.

Court: TCA

Attorneys:

Curtis F. Hopper, Savannah, Tennessee, attorney for appellants, Donald Blevins, Bobby Long and Danny Wells, in their capacity as the members of the Hardin County Civil Service Board.

Terry Abernathy, Selmer, Tennessee, attorney for appellee John R. Roberts.

Judge: WILLIAM H. INMAN

The Chief Deputy Sheriff was dismissed by the Sheriff of Hardin County. As Chief Deputy he was not a member of the classified service and served at the pleasure of the Sheriff. The judgment finding otherwise is reversed.

http://www.tba2.org/tba_files/TCA/2006/robertsj051506.pdf


PATRICIA ROUNDS v. KATHLEEN L. CALDWELL

Court: TCA

Attorneys:

Patricia Rounds, Pro se.

Samuel J. Muldavin, Memphis, Tennessee, attorney for appellee, Kathleen L. Caldwell.

Judge: WILLIAM H. INMAN

This is an action for damages for alleged legal malpractice in the handling of a lawsuit in a federal district court. This case was dismissed on motion for summary judgment because the cause of action accrued more than one year before suit was filed. We affirm.

http://www.tba2.org/tba_files/TCA/2006/roundsp051506.pdf


VICTORIA LEE WHEATLEY WALKER v. BRUCE ELTON WALKER

Court: TCA

Attorneys:

Jon S. Jablonski, Nashville, Tennessee, for the appellant, Bruce Elton Walker.

Thomas J. Drake, Jr., Nashville, Tennessee, for the appellee, Victoria Lee Wheatley Walker.

Judge: WILLIAM B. CAIN

This appeal involves the dissolution of a seventeen-year marriage where the parties were granted a divorce on the basis of mutual inappropriate marital conduct. Husband appeals the trial court’s custody award, child support award, alimony award, and award of attorney’s fees. We affirm in part, reverse in part, and remand the case to the trial court.

http://www.tba2.org/tba_files/TCA/2006/walkerv051506.pdf


CITY OF GALLATIN v. LYNDELL M. WEBB

Court: TCA

Attorneys:

Kimberley L. Reed-Bracey, Goodlettsville, Tennessee, for the appellant, Lyndell Webb.

Joe H. Thompson, Gallatin, Tennessee, for the appellee, City of Gallatin.

Judge: WILLIAM C. KOCH, JR.

This appeal involves a belated challenge to a reckless driving conviction in the Gallatin Municipal Court. Five years after the conviction, while facing sanctions under the Motor Vehicle Habitual Offenders Act, the motorist filed a petition in the Gallatin Municipal Court seeking to expunge or remove this conviction. The city court dismissed the petition, and the motorist appealed to the Circuit Court for Sumner County. The trial court, treating the petition as a petition for a common-law writ of certiorari, dismissed the petition because it had not been filed within ten days following the conviction as required by Tenn. Code Ann. § 27-5-101 (2000). The motorist has appealed. We affirm the dismissal of the petition.

http://www.tba2.org/tba_files/TCA/2006/webbl051506.pdf


BRIAN MICHAEL NEWMAN v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Albert J. Newman, Jr., Knoxville, Tennessee, for the appellant, Brian Michael Newman.

Paul G. Summers, Attorney General and Reporter; Leslie Price, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Zane M. Scarlett and Patricia Cristil, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: JOHN EVERETT WILLIAMS

The petitioner, Brian Michael Newman, appeals the dismissal of his petition for post-conviction relief in which he asserted various instances of ineffective assistance of counsel. A review of the record supports the findings of the post-conviction court. We affirm the denial of the petition.

http://www.tba2.org/tba_files/TCCA/2006/newmanb051506.pdf


Private Act Creating Part III of Rutherford County General Sessions Court

TN Attorney General Opinions

Date: 2006-05-11

Opinion Number: 06-087

http://www.tba2.org/tba_files/AG/2006/ag_06-087.pdf

TODAY'S NEWS

Legislative News
Legal News
Election 2006
TBA Member Services

Legislative News
Lending law just the start
A predatory mortgage lending law in Tennessee is nearly on the books, but members of the Memphis Shelby County Anti-Predatory Loan Coalition don't plan to leave it at that. After intense negotiation the General Assembly unanimously passed bills clamping down on mortgage lending practices, especially on high cost loans, ranging from high early repayment penalties to rolling credit life insurance premiums into the loan. Gov. Phil Bredesen is expected to sign the bill into law, making it effective as of Jan. 1, 2007. Read about it in the
Commercial Appeal.
Lawyers claim Tennessee Waltz sting went after black lawmakers
Lawyers for former state Sen. Roscoe Dixon's public corruption trial want a judge to throw out the bribery charges, claiming federal agents unfairly went after black legislators in the Tennessee Waltz sting. Dixon is scheduled to go to trial May 30 on charges he accepted $9,500 in bribes to vote for a dummy business that was part of the FBI undercover operation dubbed Tennessee Waltz. Read more from
WMCTV.com
Legal News
Ex-Memphian Kesselman confirmed for USDA post
Almost six months after President Bush nominated former Memphian Marc L. Kesselman to be the top lawyer in the U.S. Department of Agriculture, the Senate on Friday afternoon finally confirmed him. The Commercial Appeal has the
story.
6th Circuit Court visits Knoxville
A federal judge on Friday sat on a panel that usually sits in judgment of him. Senior U.S. District Court Judge Leon Jordan was tapped to serve as the third member of a three-judge panel of the U.S. 6th Circuit Court of Appeals. When Jordan received the invitation to serve on the appellate court panel, he issued one of his own, asking the court to handle its docket in Knoxville. The court agreed. Read about the court's visit in the
Knoxville News Sentinel.
Court to reopen for the first time since Katrina
Workers are busy preparing to reopen New Orleans' criminal court building. Upstairs, they were running ducts for a temporary air conditioning system, while others were cleaning and restoring evidence downstairs. "We'll be back there and open to the public June 1," Chief Criminal District Judge Calvin Johnson said. "We expect to start trials the week after that." Read more in the
Knoxville News Sentinel
High court faces deadline on big cases
Before ending a historic term, the Supreme Court must resolve some potential blockbuster cases involving the president's wartime powers, capital punishment and political boundaries in Texas. Read the details at
TriCities.com
$1 salary to grow for clerk
Smyrna's clerk and town judge could see their salaries grow astronomically if a move to make their positions full-time succeeds. Council members voted on first reading last week to change the status of both town judge and town clerk positions to full-time. Doing so would require the salary change.Based on Smyrna's population of 33,123, the town clerk's salary would go from $1 a year to $54,000, while the judge's salary would multiply from $20,000 to $110,000 annually. Town Clerk Terry Davenport said he'd quit his day job if that's the case.
The Daily News Journal
Keep the peace at City Court
Last week, Memphis City Court Clerk Thomas Long told City Council members that revenues from fees and fines are down more than $2 million this budget year, attributing the drop off mostly to city judges who have dismissed thousands of speeding tickets without collecting fines or court costs. This has not set well with the judges, who say Long has no business suggesting how certain types of cases should be handled. Read the editorial in the
Commerical Appeal.
Election 2006
Names on Knox's August ballot not yet known
The Knox County Election Commission certified the results of last week's primary Friday, but the election's outcome is still far from decided. Responding to a recent candidate's question, commission chairwoman Pam Reeves re-emphasized that the certification only serves to verify the votes cast. Which candidates ultimately will appear on the Aug. 3 general election ballot, she said, is yet to be known.
Knoxville News Sentinel
TBA Member Services
Student loans at low rates through SunTrust
The TBA and SunTrust Bank now have a Partnership Program to help alleviate the burden of student loans. Members and their families can consolidate their federal student loans at a special low fixed rate - right now as low as 5.375%. In addition, those with consolidation loans greater than $10,000 are eligible to reduce their interest rate by another 1.5% for on-time payments and automatic debit payments.
Learn more

 
 
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