Bredesen names Wade to fill Supreme Court post

Gov. Phil Bredesen today appointed Judge Gary R. Wade of the Tennessee Court of Criminal Appeals to the Tennessee Supreme Court. Wade was one of three nominees submitted to the governor by the Judicial Selection Commission. He fills one of two vacancies created by the retirements of Justice E. Riley Anderson and Adolpho A. Birch Jr. With the appointment of Wade, the Supreme Court also announced procedures for filling the second vacancy on the court.

http://www.tba2.org/tbatoday/news/2006/wade_gary_060606.html

TODAY'S OPINIONS
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Editor-in-Chief, TBALink

STATE OF TENNESSEE v. DELAWRENCE WILLIAMS
Corrected Case


Court: TSC

Attorneys:

Charles M. Agee, Jr., Dyersburg, Tennessee, for the Appellant, Delawrence Williams.

Paul G. Summers, Attorney General and Reporter; Michael R. Moore, Solicitor General; Mark A. Fulks, Assistant Attorney General; and C. Phillip Bivens, District Attorney General, for the Appellee, State of Tennessee.

Judge: ANDERSON

We granted this interlocutory appeal to review (1) whether the information used to obtain a search warrant to search the defendant's residence was provided by a citizen informant and thus presumptively reliable; and (2) whether the information, if not provided by a citizen informant nonetheless established probable cause under State v. Jacumin, 778 S.W.2d 430 (Tenn. 1989). The trial court denied the defendant's motion to suppress after finding that the information had not been provided by a citizen informant but that it nonetheless established probable cause under Jacumin. The Court of Criminal Appeals concluded that the information was presumptively reliable because it had been given by a citizen informant and upheld the denial of the motion to suppress without applying Jacumin. After reviewing the record and applicable authority, we hold (1) that the trial court and the Court of Criminal Appeals properly granted the interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure and (2) that although the information used to obtain the search warrant for the defendantís residence was not provided by a citizen informant, it established probable cause under Jacumin. The judgment is, therefore, affirmed for the reasons herein.

Correction: In the last paragraph, fourth line, the sentence that reads "Second, the affidavit did establish Taylor's reliability," has been changed to "Second, the affidavit did not establish establish Taylor's reliability."

http://www.tba2.org/tba_files/TSC/2006/williamsd_corr060606.pdf


STATE OF TENNESSEE v. DELAWRENCE WILLIAMS
Corrected Case


Court: TSC

Attorneys:

Charles M. Agee, Jr., Dyersburg, Tennessee, for the Appellant, Delawrence Williams.

Paul G. Summers, Attorney General and Reporter; Michael R. Moore, Solicitor General; Mark A. Fulks, Assistant Attorney General; and C. Phillip Bivens, District Attorney General, for the Appellee, State of Tennessee.

Judge: ANDERSON

We granted this interlocutory appeal to review (1) whether the information used to obtain a search warrant to search the defendant's residence was provided by a citizen informant and thus presumptively reliable; and (2) whether the information, if not provided by a citizen informant nonetheless established probable cause under State v. Jacumin, 778 S.W.2d 430 (Tenn. 1989). The trial court denied the defendant's motion to suppress after finding that the information had not been provided by a citizen informant but that it nonetheless established probable cause under Jacumin. The Court of Criminal Appeals concluded that the information was presumptively reliable because it had been given by a citizen informant and upheld the denial of the motion to suppress without applying Jacumin. After reviewing the record and applicable authority, we hold (1) that the trial court and the Court of Criminal Appeals properly granted the interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure and (2) that although the information used to obtain the search warrant for the defendantís residence was not provided by a citizen informant, it established probable cause under Jacumin. The judgment is, therefore, affirmed for the reasons herein.

Correction: In the last paragraph, fourth line, the sentence that reads "Second, the affidavit did establish Taylor's reliability," has been changed to "Second, the affidavit did not establish establish Taylor's reliability."

http://www.tba2.org/tba_files/TSC/2006/williamsd_corr060606.pdf


DAVID EDWARD BERLEUE v. TENNESSEE BOARD OF PROBATION AND PAROLE

Court: TCA

Attorneys:

Russ Eagle, Murfreesboro, TN, for Appellant.

Paul G. Summers, Attorney General & Reporter, Michael Moore, Solicitor General, Pamela S. Lorch, Senior Counsel, Nashville, TN, for Appellee.

Judge: HIGHERS

This appeal stems from a denial of a petition for writ of certiorari. In this appeal, we are asked to determine whether the actions of the Tennessee Board of Probation and Parole were fraudulent, arbitrary, or illegal when it denied the parole of an incarcerated offender and when it set the offender's next parole hearing date five years after his initial parole date. On appeal, the offender maintains that the actions and statements of the board member conducting his parole hearing violated his due process right to a meaningful hearing and that the denial of parole violated his liberty interest in parole because the board did not follow the parole procedures in effect when he was incarcerated. Further, the offender asserts that the board's five year deferral of his next parole hearing was arbitrary pursuant to Baldwin v. Tennessee Board of Paroles, 125 S.W.3d 429 (Tenn. Ct. App. 2003). We affirm.

http://www.tba2.org/tba_files/TCA/2006/berleued060606.pdf


IN RE ADOPTION OF J.A.K. & K.R.K.

Court: TCA

Attorneys:

Susan E. McCown, Fayetteville, Tennessee, for the appellant, J.E.K.

N. Andy Myrick, Jr., Fayetteville, Tennessee, for the appellees, C.J.K and J.E.K.

Judge: COTTRELL

This is the second appeal in this proceeding to terminate a biological mother's parental rights. On the first appeal, this court affirmed the trial court's conclusion that the mother had abandoned the children but remanded the case to the trial court to make specific findings regarding whether the termination of the mother's parental rights was in the children's best interests. The trial court determined that terminating the mother's rights would be in her children's best interests, and the mother appealed. We have determined that the record contains clear and convincing evidence supporting the trial court's conclusion.

http://www.tba2.org/tba_files/TCA/2006/jak_krk060606.pdf


GEORGE PALMERTREE, ET AL. v. JESS RIVERA and JESS RIVERA d/b/a CONSTRUCTION SERVICES

Court: TCA

Attorneys:

John M. Miles, Union City, Tennessee, for the appellant, Jess Rivera and Jess Rivera d/b/a Construction Services.

Bruce Stephen Conley, Union City, Tennessee, for the appellees, George Palmertree and Kay Palmertree.

Judge: FARMER

The trial court entered a default judgment in favor of Plaintiffs in an action alleging breach of contract, fraud, and violations of the Tennessee Consumer Protection Act, and denied Defendant's Rule 60.02 motion to set aside the judgment. We reverse and remand for further proceedings.

http://www.tba2.org/tba_files/TCA/2006/palmertreeg060606.pdf


DOREEN PEREZ (KORNBERG) v. MITCHELL E. KORNBERG

Court: TCA

Attorneys:

James Robin McKinney, Jr., Nashville, Tennessee, for the appellant, Mitchell E. Kornberg.

Donald Capparella, Nashville, Tennessee, for the appellee, Doreen Perez (Kornberg).

Judge: KIRBY

This appeal involves a petition to modify custody and for criminal contempt. The parties were divorced in 1998, and they agreed that the mother would have custody of the parties' two children. The mother moved to New York after the parties divorced. Three years later, the trial court entered an agreed order giving primary custody of the children to the father, who still lived in Tennessee. While the father had custody, the mother traveled from New York to visit the children. The parties remained cooperative with each other until the father remarried. After that, the parties' relationship began to decline. The mother claimed that the father interfered with her visitation with the children and otherwise attempted to alienate the affections of the children. Finally, the mother filed a petition to change custody and for criminal contempt against the father for his interference with her court-ordered visitation. After a hearing, the trial court changed custody to the mother and found the father guilty on three counts of criminal contempt. The father now appeals. After a careful review of the record, we affirm the trial court's decision.

http://www.tba2.org/tba_files/TCA/2006/perezd060606.pdf


GARY WEAVER, ET AL. v. THOMAS R. MCCARTER, ET AL.

Court: TCA

Attorneys:

Charles F. Morrow, Elizabeth E. Chance and Michael D. Fitzgerald, Memphis, Tennessee, for the appellant, Coldwell Banker Hoffman-Burke, Inc., Realtors.

Robert L. Moore and Dawn Davis Carson, Memphis, Tennessee, for the appellant, Jim Perdue.

Henry C. Shelton, III, Memphis, Tennessee, for the appellees, Gary Weaver and Gail Weaver.

Judge: FARMER

Plaintiffs Gary and Gail Weaver filed suit against Coldwell Banker Hoffman-Burke, Inc. Realtors (Defendant CBHB), Jim Perdue (Defendant Perdue), Thomas McCarter (Defendant McCarter), and Chip Hunter (Defendant Hunter) seeking damages resulting from a failed real estate sale. The Plaintiffs specifically sought damages from Defendants CBHB and Perdue for negligence per se, negligent misrepresentation, and fraud. The trial court granted summary judgment in favor of the Plaintiffs on the issue of liability for all Defendants, but reserved ruling on damages for trial. At trial, the trial court awarded the Plaintiffs damages in the amount of $134,225.06 plus attorney's fees and held all Defendants jointly and severally liable for the entire award. Both the Plaintiffs and Defendants CBHB and Perdue assert various issues on appeal. For the reasons stated below, we affirm in part, reverse in part, and remand this case for further proceedings.

http://www.tba2.org/tba_files/TCA/2006/weaverg060606.pdf


STATE OF TENNESSEE v. EARL MARION GRINDSTAFF

Court: TCCA

Attorneys:

Keith E. Haas, Assistant Public Defender, Newport, Tennessee, for the appellant, Earl Marion Grindstaff.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney General; and Tracy Lee Stone, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, Earl Marion Grindstaff, pled guilty to five counts of aggravated sexual battery with the length and manner of service of the sentences to be determined by the trial court. Following a sentencing hearing, the defendant was sentenced to an effective sentence of thirty years. On appeal, the defendant argues that the trial court: (1) erred in sentencing him and (2) erred in denying him alternative sentencing. Following our review of the record and the parties' briefs, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/grindstaffe060606.pdf


TODAY'S NEWS

Legal News
Legislative News
TBA Member Services

Legal News
Bar center hosts new admittees at open house
The Tennessee Bar Center was abuzz with new lawyers and their families this afternoon at a luncheon following the Supreme Court's semi-annual swearing in ceremony for those who have passed the bar exam. TBA President Bill Haltom and President-Elect Larry Wilks were on hand to congratulate the new admittees and impress on them the importance of bar membership. Earlier in the day, Haltom presented several candidates to the court for admission.
See pictures from the event
Alleged hit man opens March trial testimony
On Monday, jurors in the Perry March murder-for-hire case heard directly from the would-be hit man. It made for an intense opening day in the trial of the former Nashville attorney who is accused of plotting the murder of his in-laws.
The Nashville City Paper has the story
Baker Donelson signs agreement with Chinese commission
Baker, Donelson, Bearman, Caldwell & Berkowitz PC has signed an agreement with China's National Development and Reform Commission to represent Chinese and foreign companies interested in investing and doing business in China and abroad. The National Development and Reform Commission oversees China's economic and social development strategy, and the policies and allocation of resources related to that strategy.
The Memphis Business Journal has more
Hawkins County courthouse deemed 'endangered'
The Hawkins County courthouse, built in 1836, is one of 10 historic structures listed on the Tennessee Preservation Trust's annual endangered roster. For the better part of a decade, Hawkins County leaders have been planning a renovation for Tennessee's oldest courthouse but until recently had not been able to fully finance the project, reports the Kingsport Times News.
Read more about efforts to save the courthouse
NPR's 'This I Believe' series focuses on rule of law
Yesterday's installment of the "This I Believe" series on National Public Radio came from University of Arkansas Law Professor Michael Mullane. Among his comments, he stated, "When you get right down to it, the rule of law only exists because enough of us believe in it and insist that everyone, even the non-believers, behave as if it exists. The minute enough of us stop believing, stop insisting that the law protect us all, and that every single one of us is accountable to the law -- in that moment, the rule of law will be gone."
Read the full piece or listen online
Criminal court reopens in New Orleans
Criminal jury trials have resumed in New Orleans' state district court for the first time since Hurricane Katrina flooded the stately courthouse. The proceedings at the Orleans Parish Criminal Court, a 1930s-era Art Deco building, signal the reopening of a court system largely put on hold by Katrina, reports the Associated Press.

Local attorneys, finance professionals form IP task force
With business interests increasingly concerned about the implications of Sarbanes-Oxley for trademark law, a Nashville lawyer and a Florida businessman have teamed up to create the IP Governance Task Force, an association of professionals from accounting, legal and technology industries dedicated to creating awareness in the corporate world about the proper handling of intellectual property.
The Nashville Business Journal has the story
Legislative News
Dixon takes the stand
Former state Senator Roscoe Dixon took the stand yesterday in his bribery trial, hoping to undo five days of testimony and secret recordings that prosecutors say illustrate a politician on the take. He testified for about 45 minutes near the end of the day and will be back on the stand today.
Read more in the Commercial Appeal
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

 
 
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