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Tennessee lawmakers out front in redistricting debate
Several Tennessee lawmakers, led by U.S. Rep. John Tanner, D-Union City, are pushing legislation to overhaul the way congressional districts are drawn. The bill establishes bipartisan commissions in each state to draw redistricting maps, rather than rely on state legislatures as is the current practice. The bill also limits redistricting to once a decade following the release of census data, reports the Tennessean. The measure comes in response to a U.S. Supreme Court ruling last month that states are free to redraw districts whenever they want.
http://tennessean.com/apps/pbcs.dll/article?AID=/20060719/NEWS02/607190409/1009/NEWS
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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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Knoxville, Tennessee
Editor-in-Chief, TBALink
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AMERICAN CIVIL LIBERTIES UNION OF TENNESSEE, ET AL. v. RILEY C. DARNELL, ET AL.
Court: TSC
Attorneys:
Melody Fowler-Green, Abby R. Rubenfeld, and Anne C. Martin, Nashville, Tennessee, for the
appellants, American Civil Liberties Union of Tennessee, Tennessee Equality Project, Beverly
Robison Marrero, Bruce Barry, Jonathan Hines, Scott Hines, Nina Pacent, Renee Kasman, Larry
Turner, and Tommie Brown.
Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Ann Louise
Vix, Senior Counsel; Gina J. Barham, Deputy Attorney General; and Marnee L. Baker, Assistant
Attorney General, Nashville Tennessee, for the appellees, Riley C. Darnell, Brook Thompson, Paul
G. Summers, John S. Wilder, and James O. Naifeh.
Benjamin W. Bull, Glen Lavy, Byron J. Babione, Heather Gebelin Hacker, Scottsdale, Arizona,
Nathan W. Kellum, Memphis, Tennessee, and David L. Maddox, Nashville, Tennessee, for the Intervenors, sixty-seven members of the Tennessee House of Representatives and twenty-three
members of the Tennessee Senate.
Michael B. Bressman, Nashville, Tennessee, for Amicus Curiae, Public Notice Resource Center.
Robyn E. Smith, Nashville, Tennessee, for Amicus Curiae, Tennessee Chapter of the National
Organization for Women.
Judge: BARKER
We assumed jurisdiction of this case pursuant to Tennessee Code Annotated Section 16-3-201 to consider whether the Chancellor erred by refusing to declare Senate Joint Resolution 31 unconstitutional and by refusing to enjoin the Secretary of State from placing a proposed
amendment to the Tennessee Constitution on the November 7, 2006 ballot for a ratification vote.
Having fully considered the record, the relevant authority, and the written and oral presentations of
the parties -- and wishing to decide this constitutional matter, as we should, on the narrowest grounds
possible -- we affirm the Chancellor's decision dismissing the complaint because Plaintiffs have
failed to establish that they have standing to bring this lawsuit.
http://www.tba2.org/tba_files/TSC/2006/darnellr071906.pdf
FORREST L. WHALEY and MARGARET ANN WHALEY v. JIM ANN PERKINS, ET AL.
Court: TSC
Attorneys:
Richard M. Carter, Paul H. Morris, and Brian K. Kelsey, Memphis, Tennessee, for Appellants,
Forrest L. Whaley and Margaret Ann Whaley.
John D. Horne, Memphis, Tennessee, for the Appellees, Jim Ann Perkins, Albert Lewis Beshires,
and Terry Lynn Beshires.
Judge: BIRCH
The Plaintiffs purchased from two of the Defendants a home located on a two-acre parcel of land that
had been part of a larger parcel. The Plaintiffs later discovered that the two-acre parcel had been
illegally subdivided from the larger parcel, and they filed suit alleging breach of contract, intentional
misrepresentation, negligence per se, and breach of warranty of title. In addition to other damages,
the Plaintiffs sought damages for emotional distress. A jury returned a verdict in favor of the
Plaintiffs and awarded $170,000 as compensatory damages and an additional $5,000 as punitive
damages. The Court of Appeals held, in pertinent part, that the Plaintiffs' claim for damages for
emotional distress was barred by the one-year statute of limitations applicable to personal injury
actions. We hold that the one-year personal injury statute of limitations does not apply to this case,
and we therefore reverse that part of the intermediate court's judgment. We affirm all other aspects
of the intermediate court's judgment and remand to the trial court for further proceedings.
http://www.tba2.org/tba_files/TSC/2006/whaleyf071906.pdf
STATE OF TENNESSEE, ex. rel., JACQUELINE EVONNE CHEARS v. JOHN EDWARD BARRETT
Court: TCA
Attorneys:
Edwin C. Lenow, Memphis, Tennessee, for the appellant, John Edward Barrett.
Paul G. Summers, Attorney General and Reporter, and Juan G. Villasenor, Assistant Attorney
General, for the appellee, State of Tennessee.
Judge: FARMER
The juvenile court established child support based on a finding that the obligor was capable of
earning $6 per hour. Having determined that the record before us contains no evidence to support
that finding, we reverse.
http://www.tba2.org/tba_files/TCA/2006/chearsj071906.pdf
STATE OF TENNESSEE, ex rel. PEGGY HAYES v. LUTHER CARTER
Court: TCA
Attorneys:
Paul G. Summers, Attorney General and Reporter; Warren Jasper, Assistant Attorney General, for
Appellant, State of Tennessee, ex rel. Peggy Hayes.
Sam J Watridge of Humboldt, Tennessee for Appellee, Luther Carter.
Judge: CRAWFORD
This is a Title IV child support case involving the validity of an Order modifying retroactive child support. Following the entry of an agreed order establishing paternity, Father/Appellee entered
into an agreed order setting retroactive child support from the time of the child's birth. Some five
years after entering into this agreed order, Father/Appellee petitioned the court to modify the
retroactive support order. The trial court granted Father/Appellee's motion. The State of Tennessee
ex rel. Peggy Hayes appeals. We vacate the order of the trial court modifying retroactive child
support.
http://www.tba2.org/tba_files/TCA/2006/hayesp071906.pdf
JON DOUGLAS HALL v. STATE OF TENNESSEE/RICKY BELL, WARDEN
Court: TCCA
Attorneys:
Dwight E. Scott, Nashville, Tennessee, for the appellant, Jon Douglas Hall.
Paul G. Summers, Attorney General & Reporter; Elizabeth Ryan, Assistant Attorney General; and
Victor S. Johnson, III, District Attorney General, for the appellee, State of Tennessee/Ricky Bell,
Warden.
Judge: WADE
The petitioner, Jon Douglas Hall, appeals the dismissal of his petition for habeas corpus relief. In
this appeal, he alleges that the trial court erred by summarily dismissing his petition without a
hearing and that the judgment of conviction is void because the trial court lacked jurisdiction. The
judgment of the trial court is affirmed.
http://www.tba2.org/tba_files/TCCA/2006/hallj071906.pdf
STATE OF TENNESSEE v. JERMAINE HUGHEY
Court: TCCA
Attorneys:
Mark Albert Mesler, II, Memphis, Tennessee (on appeal), and Leslie Irwin Ballin, Memphis,
Tennessee (at trial), for the appellant, Jermaine Hughey.
Paul G. Summers, Attorney General and Reporter; Brian Clay Johnson, Assistant Attorney General;
William L. Gibbons, District Attorney General; and Stephen Patrick Jones, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: TIPTON
The defendant, Jermaine Hughey, was convicted of four counts of aggravated robbery, a Class B
felony, and four counts of attempted aggravated robbery, a Class C felony. The trial court sentenced
the defendant as a Range I, standard offender to eleven years for each aggravated robbery conviction
and five years for each attempted aggravated robbery conviction. The trial court ordered (1) that in
Case No. 03-00283, the three attempted aggravated robbery sentences be served concurrently to each
other and consecutively to the aggravated robbery sentence, for a total sentence of sixteen years; (2)
that in Case No. 03-00284, the three aggravated robbery and one attempted robbery sentences be
served concurrently to each other, for a total sentence of eleven years; and (3) that the sentences in
Case No. 03-00284 be served consecutively to the sentences in Case No. 03-00283, for an effective
sentence of twenty-seven years in the Department of Correction. The defendant appeals claiming:
(1) that the evidence was insufficient to support the verdict, (2) that the trial court erred in allowing
the interpreter to participate in the trial, (3) that the trial court erred in allowing a witness's testimony
and in not allowing the defendant to cross-examine witnesses about their immigrant status, (4) that
the prosecutor made improper comments about the defendant's right to testify, (5) that the trial court
erred in its instructions to the jury on lesser included offenses, and (6) that the trial court erred in
sentencing. We affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2006/hugheyj071906.pdf
FLOYD E. RAYNER v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Mike J. Urquhart, Nashville, Tennessee, for the appellant, Floyd E. Rayner.
Paul G. Summers, Attorney General and Reporter; Brian Clay Johnson, Assistant Attorney General;
Victor S. Johnson, III, District Attorney General; and Bernard McEvoy, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: OGLE
The petitioner, Floyd E. Rayner, was convicted by a jury in the Davidson County Criminal Court of
five counts of rape of a child and five counts of aggravated sexual battery. The petitioner received
a total effective sentence of fifty-one years incarceration in the Tennessee Department of Correction.
Subsequently, the petitioner filed a petition for post-conviction relief, alleging that his trial counsel
was ineffective. The post-conviction court denied the petition, and the petitioner appeals. Upon
review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.
http://www.tba2.org/tba_files/TCCA/2006/raynerf071906.pdf
STATE OF TENNESSEE v. JERRY LEE TRUETTE
Court: TCCA
Attorneys:
Robin Farber, Assistant Public Defender, Columbia, Tennessee, for the appellant, Jerry Lee Truette.
Paul G. Summers, Attorney General & Reporter; Sophia S. Lee, Assistant Attorney General; Mike
Bottoms, District Attorney General; and Lawrence Nickell, Assistant District Attorney General, for
the appellee, State of Tennessee.
Judge: WADE
The defendant, Jerry Lee Truette, entered pleas of guilty to burglary, a Class D felony, and to theft
over $10,000, a Class C felony. See Tenn. Code Ann. Sections 39-14-402, -103, -105 (2003). According
to the judgment forms, the trial court imposed concurrent, Range I sentences of two years and eleven
months and twenty-nine days, respectively. After an evidentiary hearing, the trial court granted
restitution in the amount of $29,700 with monthly payments of $500. In this appeal as of right, the
defendant argues that the amount of restitution is excessive. The defendant's sentence for theft over
$10,000, as reflected on the judgment form, would be an illegal sentence. An appropriate Range I
sentence for theft over $10,000 is not less than three years nor more than six years. See Tenn. Code
Ann. Section 40-35-112(a)(3). Because the record indicates that the trial court did indeed impose a five-
year sentence to be served on probation, the case must be remanded for the entry of a corrected
judgment. Otherwise, the judgment of the trial court as to its order of restitution is affirmed.
http://www.tba2.org/tba_files/TCCA/2006/truettej071906.pdf
WILLIAM D. WAYMAN v. WAYNE BRANDON, WARDEN and the STATE OF TENNESSEE
Court: TCCA
Attorneys:
William D. Wayman, Only, Tennessee, Pro Se.
Paul G. Summers, Attorney General and Reporter; and C. Daniel Lins, Assistant Attorney General,
for the appellee, the State of Tennessee.
Judge: WOODALL
Petitioner, William D. Wayman, filed a petition for writ of habeas corpus relief in the Hickman
County Circuit Court. In support of his petition, he alleged that his concurrent sentences for three
convictions in the Rutherford County Circuit Court for reckless aggravated assault have expired.
The habeas corpus trial court summarily dismissed the petition. Petitioner has appealed, and the
State has filed a motion for this Court to affirm the judgment pursuant to Rule 20 of the Rules of the
Tennessee Court of Criminal Appeals. After review of the record, we grant the State's motion, and
affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2006/waymanw071906.pdf
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| TODAY'S NEWS |
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Legal News
BPR Actions
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| Legal News |
| ABA leader testifies on domestic surveillance issues |
| In testimony before the House Intelligence Committee today, ABA President Michael Greco expressed the association's support for H.R. 5371, The LISTEN Act, which reinforces that current law is the exclusive means for authorizing electronic surveillance and that powers granted by Congress in the wake of the 9/11 terrorist attacks did not provide an exception to those statutes. He also outlined the association's concerns with a new proposal negotiated between Senator Arlen Specter, R-PA, and Bush administration officials. He concluded by calling on Congress to insist that the nature and extent of warrantless surveillance be disclosed.
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Download the full testimony
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| Medtronic settles civil suit |
| Medical device maker Medtronic Inc. announced yesterday that it would pay $40 million to settle allegations that it provided kickbacks to doctors. The allegations, made by federal prosecutors, came in response to a whistleblower lawsuit. That suit centered around the company's Memphis-based subsidiary Medtronic Sofamor Danek, which makes implants used to stabilize the spine during surgery. The company continues to deny any wrongdoing or illegal activity.
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Read the AP story in the Murfreesboro Daily News Journal
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| AG: Bush blocked spy probe |
| President Bush personally blocked a Justice Department investigation of the anti-terror eavesdropping program that intercepts Americans' international calls and e-mails, Attorney General Alberto Gonzales told the Senate Judiciary Committee on Tuesday. |
Read the AP story at Tri-Cities.com
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| Name change for trial lawyers? |
| In an editorial today, the Chattanooga Times Free Press takes issue with the Association of Trial Lawyers of America's reported efforts to improve its image by changing its name, arguing instead that lawyers should change negative perceptions by supporting reform of the legal system.
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Read the editorial
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| Rainbow-Push sues to stop commissioner election |
| Operation Rainbow-Push is seeking to block the election of Memphis Charter commissioners, arguing that the election method used is discriminatory and could lead to the election of an all-white commission.
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Read local reactions from WMC-TV Memphis
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| Greene County bar leadership named |
| Kim Miller of the Ricker Law Office in Greeneville has been named president of the Greene County Bar Association. Nancy Harr, also of Greeneville, steps into the role of vice president and treasurer.
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| Williamson County bar elects new officers |
| The Williamson County Bar Association has elected Dana Ausbrooks, with the Office of the Public Defender in Franklin, as its president for the coming year. Mark Puryear of Puryear Newman & Morton PLLC begins his term as vice president, while Karen Beyke of Hubbard, Berry, Doughty, Harris & Barrick takes over as secretary and Jack Welch of Sidwell & Barrett assumes the position of treasurer.
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| BPR Actions |
| Memphis attorney suspended |
| On July 18, the Tennessee Supreme Court suspended Stephen M. Brown for 45 days after Brown agreed to a conditional guilty plea, in which he admitted to (1) communicating with a represented party without the consent of that party's lawyer and (2) using means that had no substantial purpose other than to embarrass or burden other lawyers and parties in attempting to settle his client's dispute. Brown may resume the practice of law after the 45-day period elapses.
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Read the BPR's press release
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