Group seeks judges' views on hot-button issues

A new conservative group headed by state Senator David Fowler, R-Signal Mountain, has asked Tennessee Supreme Court justices and appeals judges seeking re-election to provide their views in writing about same-sex marriage, abortion and the teaching of evolution. In a Chattanooga Times Free Press article on the survey, TBA Executive Director Allan Ramsaur says that the judicial system depends on judges who are impartial.

http://www.tba2.org/tbatoday/news/2006/survey_060206.html

TODAY'S OPINIONS
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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

SCOTT WORLEY v. LISTER DISTRIBUTION, INC.

Court: TCA

Attorneys:

Michael P. Sayne, Knoxville, Tennessee, and Jennifer Keller, Johnson City, Tennessee, for the Appellant, Lister Distribution, Inc.

James G. Rickman, Maryville, Tennessee, and W. Tyler Chastain, Knoxville, Tennessee, for the Appellee, Scott Worley.

Judge: LEE

The issue presented in this appeal is whether the trial court correctly held that the employee, who had signed an employment contract granting him severance pay if he was terminated without good cause, was fired without good cause. The trial court held that Lister Distribution, Inc., the employer, failed to demonstrate that it terminated Scott Worley's employment for good cause. The trial court awarded Mr. Worley $45,000 in severance pay pursuant to the contract. We find that the evidence presented is conflicting and heavily dependent upon credibility assessments, and that the evidence does not preponderate against the trial court's judgment. Consequently, we affirm.

http://www.tba2.org/tba_files/TCA/2006/worleys062006.pdf


STATE OF TENNESSEE v. RITA LYNN NEFF

Court: TCCA

Attorneys:

Joseph F. Harrison, Assistant Public Defender, Bountville, Tennessee, for the appellant, Rita Lynn Neff.

Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; Greeley Wells, District Attorney General; and James Goodwin, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, Rita Lynn Neff, appeals from the order of the trial court revoking her probation and ordering that her effective eight-year sentence be served in the Department of Correction. On appeal, the Defendant argues that the trial court abused its discretion by revoking her probation and ordering that her sentences be served in confinement. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/neffr062006.pdf


TODAY'S NEWS

Legal News
Election 2006

Legal News
Birch building to be dedicated Wednesday
A new state-of-the-art $49 million criminal justice building will be dedicated at 3 p.m. Wednesday in Nashville in honor of Tennessee Supreme Court Justice Adolpho A. Birch Jr., who is retiring Aug. 31 after 37 years of judicial service. The six-story building at 408 Second Avenue North will house general sessions and criminal courts serving the 20th Judicial District.
Read more on Chattanoogan.com
TBA members advise conflict resolution program
Former TBA President Howard Vogel, with the Knoxville firm of O'Neil, Parker and Williamson, has been appointed to serve on the national advisory board for the new Institute for Conflict Resolution (ICR) at Nashville's Lipscomb University. The institute was created to provide training and resources in conflict management and resolution of disputes in business settings as well as within educational, religious and family contexts. Also serving on the advisory board are Nashville attorneys Sam Bartholomew of Adams and Reese; Richard Cowart of Baker, Donelson, Bearman, Caldwell & Berkowitz PC; and Robert Wood of Boult, Cummings, Conners & Berry PLC. Larry W. Bridgesmith of Waller Landsden Dortch and Davis LLP will serve as the institute's executive director.
For more information about the ICR visit Lipscomb University online
Appalachian School of Law receives ABA accreditation
Nine years after it opened and four years after a deadly multiple shooting on campus, the Appalachian School of Law has received full accreditation from the American Bar Association, reports the Bristol Herald Courier.
Read more on the school's history
Waltz investigation yields 11th indictment
Former Memphis city school board member Michael Hooks Jr. today became the 11th person indicted in the public corruption investigation known as Tennessee Waltz. His father, Shelby County Commission Chairman Michael Hooks Sr., has already been indicted. Hooks Jr., whose great uncle was the civil rights pioneer and NAACP executive director Benjamin Hooks, was indicted on four counts, including embezzlement, impeding an investigation and lying to FBI agents, reports the Associated Press.

Alley's lawyers claim judicial bias
Defense lawyers accused Memphis Judge W. Otis Higgs of bias for blocking DNA tests on evidence while the state argued that condemned killer Sedley Alley is trying to twist Tennessee law to delay his execution before Judge David Hayes of the Court of Criminal Appeals yesterday. Hayes said a decision on Alley's petition is likely by the end of the week.
The Commercial Appeal has the story
Election 2006
Appeal further confuses charter debate
Knox County Mayor Mike Ragsdale and county commissioners spent nearly two hours yesterday charting a course that could have bought time to revise the county charter before a chancellor's ruling nullifying the document takes effect. But County Commissioner John Schmid changed the direction of the debate by ordering his lawyer to file an appeal in the case.
Get the latest in the charter story in the Knoxville News Sentinel

 
 
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