Bredesen grants 15-day stay in Alley execution

Governor Bredesen granted death-row inmate Sedley Alley a 15-day stay this afternoon. Alley had been scheduled to die by lethal injection at 1 a.m. Wednesday. Earlier in the day, lawyers for Alley asked the U.S. Supreme Court to stay the execution and decide whether convicted criminals have a constitutional right to (1) perform DNA testing on evidence in their cases and (2) be spared death by lethal injection. View the Supreme Court filings at

Earlier today five judges on the Sixth Circuit Court of Appeals issued a dissent to a Friday opinion, arguing that the appeals court should not have lifted the stay of execution given the U.S. Supreme Court's upcoming review of the constitutionality of lethal injection in another case. Read their dissenting opinion

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


Court: TCA


Alexander W. Gothard, Chattanooga, Tennessee, for the appellant, Hershell Jerry Frizzell, Jr.

J. Harvey Cameron, Jasper, Tennessee, for the appellee, Mohawk Industries, d/b/a Galaxy Carpet Mills, Inc.


An employee of Mohawk Industries filed this retaliatory discharge action contending he was wrongfully terminated because he filed a workers' compensation claim for benefits. Mohawk denies he was fired because of the workers' compensation claim and insists he was fired due to repeated violations of its attendance policy. Following discovery, Mohawk filed a motion for summary judgment contending Plaintiff failed to establish his workers' compensation claim was a substantial factor in the motivation to terminate his employment. The trial court granted the motion. Plaintiff appeals contending genuine disputes of material fact exist. Finding no error, the judgment of the trial court is affirmed.

With Partial Dissenting Opinion

Court: TCA


Tim Edwards, Memphis, TN; Kent J. Rubens, West Memphis, AR, for Appellant.

Jef Feibelman, Memphis, TN, for Appellee.

John McQuiston, II, Memphis, TN, for Intervenor, Ram-Tenn, Inc.


In 1997, the Appellant, a shareholder in a Tennessee corporation, reviewed the corporation's records and discovered that the corporation's majority shareholder, who also served as the corporation's president and chairman of the board of directors, had been misappropriating corporate funds for his personal use. In 1999, the Appellant filed a shareholder's derivative action against the majority shareholder of the corporation alleging breach of fiduciary duty. In addition to his derivative claim, the Appellant also filed a direct claim against the majority shareholder for breach of a Pre-Incorporation Agreement signed by the shareholders at the corporation's inception. The corporation appointed a one person special litigation committee to investigate the Appellant's derivative action. The committee determined that the majority shareholder had indeed misappropriated corporate funds. In its report to the board of directors, the committee recommended that the corporation either attempt to settle the lawsuit with the majority shareholder pursuant to terms suggested by the committee or, in the event the majority shareholder declined such terms, proceed with the litigation. The trial court subsequently approved the report, and the corporation settled the derivative litigation. Regarding the direct claim for breach of the Pre-Incorporation Agreement, the majority shareholder moved for summary judgment, and the trial court granted the motion. The Appellant filed an appeal to this Court. We affirm the trial court's decision to approve the special litigation committee's report. We reverse the trial court's decision to grant summary judgment to the majority shareholder on the Appellant's direct claim, as a genuine issue of material fact exists as to whether the Appellant's claim is barred by the applicable statute of limitations.

Kirby Dissenting in Part

With Dissenting Opinion

Court: TCA


Andrew R. Tillman and Joshua R. Walker, Knoxville, Tennessee, for counter-plaintiff/appellant, Stanfort Construction Company.

John M. Neal, Knoxville, Tennessee, for appellee, Richard Phillips.

Robert H. Green, Knoxville, Tennessee, for third party defendant/appellee, Robert G. Campbell & Associates, LP.


The Trial Court granted defendants summary judgment on the grounds the statute of limitations had run on plaintiff's claims. On appeal, we vacate and remand.

Susano Dissenting


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