14 attorney general hopefuls make deadline

Four more lawyers applied today to be considered for Tennessee's attorney general, bringing the number to 14. New to the list are Larry Michael Teague of Franklin, deputy attorney general for Real Property and Transportation Division; attorney Larry Parrish of Memphis; attorney Eugene N. (Gino) Bulso Jr. of Nashville; and Robert E. Cooper Jr. of Nashville, legal counsel to the governor.

Previous applicants are: 16th Judicial District Circuit Judge Don R. Ash of Murfreesboro; Margaret L. Behm, an attorney with Dodson Parker and Behm in Nashville; Andy Dwane Bennett, chief deputy in the attorney general's office in Nashville; Clayton Thomas Davenport Jr., general counsel for Electro-Mechanical Corporation in Bristol; David Alexander "Alex" Fardon, an attorney with Harwell Howard Hyne Gabbert & Manner in Nashville; Herman Morris Jr., lead independent director for Perrigo Company in Memphis; Pamela L. Reeves, an attorney with Anderson, Reeves & Herbert in Knoxville; Joseph E. Feibelman, a Memphis attorney; Shelby R. Grubbs, an attorney with Miller & Martin in Chattanooga; and William Charles "Bill" Killian, a Jasper attorney. The deadline to apply was close of business today.
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.

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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

PAT BRADBURY v. PATHWAY PRESS and CHURCH OF GOD d/b/a PATHWAY PRESS

Court: TWCA

Attorneys:

C. J. Barnett, Paul C. Peel, Farris Mathews Branan Bobango Hellen & Dunlap PLC, Memphis, Tennessee, for the Appellants, Pathway Press and Church of God.

Harry F. Burnette, Doug S. Hamill, Burnette, Dobson & Hardeman, Chattanooga, Tennessee, for the Appellee, Pat Bradbury.

Judge: HOWELL N. PEOPLES

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer contends the trial court erred in finding that employee's claim for injury to both legs was not barred by the statute of limitations, misapplied the last day worked rule for gradually occurring injuries, and erred in the amount of permanent vocational impairment. We affirm.

http://www.tba2.org/tba_files/TSC_WCP/2006/bradburyp071706.pdf


ABDOL GHAYOUMI v. DAVID W. McMILLAN, Ph.D.

Court: TCA

Attorneys:

Brian Schuette, Bowling Green, Kentucky, and Larry L. Crain, Brentwood, Tennessee, for the appellant, Abdol Ghayoumi.

Don L. Smith and Samuel J. Welborn, Nashville, Tennessee, for the appellee, David W. McMillan.

Judge: FRANK G. CLEMENT, JR.

Plaintiff filed this action against a court-appointed psychologist contending the psychologist breached a confidential relationship by disclosing confidential information to Plaintiff's ex-wife. The psychologist had been appointed by a Kentucky trial court presiding over Plaintiff's divorce and post-divorce disputes to evaluate the family and make reports to the trial court regarding custody of and visitation. In this subsequent action, the psychologist filed a motion for summary judgment contending there was no disclosure of confidential information and he was entitled to immunity. The trial court summarily dismissed the action against the psychologist. We affirm.

http://www.tba2.org/tba_files/TCA/2006/ghayoumia071706.pdf


JESSIE D. McDONALD v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Jessie D. McDonald, Pro Se.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Lisa Naylor, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: DAVID H. WELLES

The Petitioner, Jessie D. McDonald, appeals from the trial court's dismissal of his petition for writ of error coram nobis. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We grant the State's motion and affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/mcdonaldj071706.pdf


TIMOTHY THOMAS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Matthew Mayo, Nashville, Tennessee, for the appellant, Timothy Thomas.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Kathy Morante, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: ALAN E. GLENN

The petitioner, Timothy Thomas, appeals the denial of his petition for post-conviction relief, arguing that his trial counsel provided ineffective assistance for failing to adequately investigate the case or explain the ramifications of the plea agreement and that his guilty pleas were consequently unknowing and involuntary. Following our review, we affirm the denial of the petition for post-conviction relief.

http://www.tba2.org/tba_files/TCCA/2006/thomast071706.pdf


Legality of Marriage Without Tennessee License

TN Attorney General Opinions

Date: 2006-07-12

Opinion Number: 06-110

http://www.tba2.org/tba_files/AG/2006/ag_06-110.pdf

Use of Lottery Proceeds for Test Preparation Computer Modules

TN Attorney General Opinions

Date: 2006-07-13

Opinion Number: 06-111

http://www.tba2.org/tba_files/AG/2006/ag_06-111.pdf

Metro Pawnshop Enforcement Program

TN Attorney General Opinions

Date: 2006-07-13

Opinion Number: 06-112

http://www.tba2.org/tba_files/AG/2006/ag_06-112.pdf

TODAY'S NEWS

Legal News
Election 2006

Legal News
Field narrows to three for Supreme Court seat
The Judicial Selection Commission has submitted the following names to Gov. Phil Bredesen, who will select one of the recommended applicants to fill a vacancy on the Tennessee Supreme Court: Chancellor Richard H. Dinkins of Nashville, J. Houston Gordon of Covington and George T. "Buck" Lewis of Memphis.

New TBA benefit: Lawyers professional liability insurance
Responding to member needs for professional liability insurance, the TBA announces TBA Member Insurance Solutions, administered by Clay & Land Insurance. The new program will provide TBA members a highly rated carrier, access to 25 other markets providing professional liability insurance, qualified and experienced agents and risk management seminars for CLE credit.

"Our recent survey of Tennessee attorneys showed that almost 50% of our members believe that lawyers professional liability coverage is an important and valuable benefit," TBA Executive Director Allan Ramsaur said in announcing the new program. "We are happy to offer this partnership as a way to help our members protect their practice."
Learn more about this program
Let judges judge
The Knoxville Bar Association Board of Governors had its say in the Knoxville News Sentinel this weekend, answering the question, "Why is an independent judiciary important to you."
Read it here.
Have robe, will travel
It's one way to assure order in the court. The New York state Advisory Committee on Judicial Ethics has ruled that it is permissible for judges to pack a pistol beneath their robes while on the bench. Read more about it in the
Commercial Appeal.
Execution date set for Harbison
The Tennessee Supreme Court today granted the state's motion to set an execution date for Edward Jerome Harbison: Oct. 11. The response to the motion also requested the court appoint counsel in the case. That was granted and the Office of the Post-Conviction Defender in Nashville was appointed.
Read the order.
Election 2006
Retain higher court judges
Sunday's Chattanooga Times Free Press editorial recommends retention for all higher court judges based on the Tennessee's Judicial Evaluation Commission findings. The paper warns against following recommendations of a group that advocates voting tagainst retention of any judge appointed by a Democratic governor, and the paper calls the idea "presposterous."
Read the editorial.
Lawyers vilify judicial endorsements
Two Memphis lawyers with little in common politically have circulated unusually candid letters to colleagues outlining their concerns about some "seriously unqualified" candidates in the Aug. 3 judicial elections. Their controversial letters were creating considerable buzz among lawyers Friday just as early voting got under way in advance of Shelby County's Aug. 3 election. Find out more from the
Commercial Appeal.
Sessions judge race most expensive to date
Judicial candidate Stephenson Todd has made 20 loans totaling $67,463 since February in his bid for general sessions Division II judge. The race to fill the general sessions Division II judgeship, which also handles juvenile court for the Kingsport end of Sullivan County, is the most expensive race in that area leading up to the general election in August , the
Kingsport Times-News reports.

 
 
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