Early voting ends Saturday; Wilks urges participation

Early voting for the Aug. 3 election ends Saturday, and TBA President Larry Wilks urges Tennessee attorneys and their staffs to take part. "Judicial retention elections are only held every eight years in Tennessee, and the legal community has a responsibility to support the judges and justices they believe are playing a positive role in our justice system," Wilks said. "We encourage attorneys to actively participate in the election and to give their staff members time off to vote."
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

STATE OF TENNESSEE v. DANIEL W. LIVINGSTON

Court: TSC

Attorneys:

Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; David H. Findley, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Bret Gunn, Assistant District Attorney General, for the appellant, State of Tennessee.

Charles E. Walker, Nashville, Tennessee, for the appellee, Daniel W. Livingston.

Judge: BIRCH

The defendant was indicted for evading arrest, a Class E felony. The State filed a Notice of Enhanced Punishment pursuant to Tennessee Code Annotated Section 40-35-202, listing fourteen prior convictions by case number, offense, date of offense, and jurisdiction. Thereafter, a superseding indictment was issued elevating the felony evading arrest charge to Class D felony evading arrest. The State did not amend the notice of intent to seek enhancement. A jury convicted the defendant of Class D felony evading arrest, and the trial court sentenced the defendant as a career offender to twelve years for that offense. We granted this appeal to determine whether the Notice of Enhanced Punishment filed under the original indictment was sufficient to inform the defendant of his exposure to enhanced punishment in the event of a conviction for evading arrest. Because we find that such notice was sufficient, we reverse the judgment of the Court of Criminal Appeals and reinstate the trial court's judgment.

http://www.tba2.org/tba_files/TSC/2006/livingstond072806.pdf


COLETTE CALMELET v. MARCEL YEMBA ELUHU

Court: TCA

Attorneys:

Eddie Davidson of Nashville, Tennessee for Appellant, Colette Calmelet.

Larry Hayes, Jr. of Nashville, Tennessee for Appellee, Marcel Yemba Eluhu.

Judge: CRAWFORD

This is a parental relocation case. Mother/Appellant appeals from the trial court's order denying her request to relocate with the parties' three minor children on the grounds that the relocation had no reasonable purpose as required by T.C.A. Section 36-6-108. We affirm.

http://www.tba2.org/tba_files/TCA/2006/calmeletc072806.pdf


MEMPHIS HEALTH CENTER, INC., by Sadie Davis and Cornelia Berry, Directors, and Morristein J. Holman, Chief Executive Officer and Director v. GREGORY GRANT, DEAN JOHNSON, CYNTHIA COMBS, CLAUDETTE BRANCH, ERNEST HUGHES, LEAOLA CRUTCHFIELD, BETTY MILLER, FREDERICK SANDERS, EDDIE DANDRIDGE, DYRIE GOODS, and BROWN McGHEE, individually and in their capacity as the Board of Governors of Memphis Health Center, Inc.

Court: TCA

Attorneys:

Kathleen L. Caldwell, Memphis, Tennessee, for Defendants/Appellants, Gregory Grant, Dean Johnson, Cynthia Combs, Claudette Branch, Ernest Hughes, Leaola Crutchfield, Betty Miller, Frederick Sanders, Eddie Dandridge, Dyrie Goods, and Brown McGhee, individually and in their capacity as the Board of Governors of Memphis Health Center, Inc.

Robin H. Rasmussen, Memphis, Tennessee, for Plaintiff/Appellee, Memphis Health Center, Inc., by Sadie Davis and Cornelia Berry, Directors, and Morristein J. Holman, Chief Executive Officer and Director.

Judge: KIRBY

This is a derivative action. The board chairman of a nonprofit health care center was found guilty of submitting false claims in violation of federal law. Thereafter, the health care center's chief executive officer and two of its board members filed a derivative action on behalf of the health care center against the chairman and health care center's remaining board members for violating their fiduciary duties to the corporation. The derivative suit sought, inter alia, injunctive relief to require the board to take action against the board chairman, and to enjoin the board from allegedly violating the CEO's employment agreement by terminating her. The trial court issued a temporary restraining order, enjoining the board from violating the health care center's bylaws, from violating federal regulations, and from terminating the employment of the CEO. Subsequently, the trial court found the defendant board members guilty of contempt for violating that order and entered a permanent injunction against the defendants. The permanent injunction awarded in the contempt action removed the defendants from the board and permanently barred them from the premises. The defendants appealed. We affirm, finding that the trial court's action was warranted in the face of the board’s failure to take action regarding the board chairman after the federal judgment for filing false claims was entered against him.

http://www.tba2.org/tba_files/TCA/2006/memphishealth072806.pdf


HENRY KENT SUDBERRY v. ROYAL & SUN ALLIANCE, ET AL.

Court: TCA

Attorneys:

David H. Dunaway, LaFollette, Knoxville, for the appellant, Henry Kent Sudberry.

Larry G. Trail, Murfreesboro, Tennessee, for the appellees, Royal & Sun Alliance, Investigations and Intelligence Services, Inc.

Judge: COTTRELL

Trial court granted motion to dismiss tort claims as barred by statute of limitations where the injury alleged was loss of employment. To the extent the employee alleged he had a contract for continued employment, his complaint was not subject to Tenn. R. Civ. P. 12.02(6) dismissal because the three year statute of limitations applies to cases involving loss of property, including contractual rights.

http://www.tba2.org/tba_files/TCA/2006/sudberryh072806.pdf


STATE OF TENNESSEE v. RICHARD BARROM

Court: TCCA

Attorneys:

C. Michael Robbins (on appeal) and Ted Hansom (at trial), Memphis, Tennessee, for the appellant, Richard Barrom.

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; and Lance E. Webb, Assistant District Attorney General Pro Tem, for the appellee, State of Tennessee.

Judge: GLENN

Following a jury trial, the defendant, Richard Barrom, was convicted of assault by causing extremely offensive or provocative physical contact, a Class B misdemeanor. The trial court deferred sentencing, placed the defendant on diversion for eleven months, twenty-nine days, and ordered him to perform thirty hours of community service work and complete an anger management program. On appeal, he argues that: (1) the evidence is insufficient to support his conviction; (2) the trial court erred in overruling his objection to hearsay testimony; (3) the trial court improperly removed a juror based on race; and (4) his conviction was barred by prior jeopardy. Additionally, the State argues that the trial court erred by granting judicial diversion. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/barromr072806.pdf


Allocation of Funds to School Board

TN Attorney General Opinions

Date: 2006-07-27

Opinion Number: 06-118

http://www.tba2.org/tba_files/AG/2006/ag_06-118.pdf

TODAY'S NEWS

Legal News
Election 2006
BPR Actions
TBA Member Services

Legal News
Finalists for ethics commission post named
The state Ethics Commission has narrowed its search from more than 100 candidates to four, reports the Tennessean. They are: Bruce A. Androphy, general counsel to the New York State Ethics Commission; Carol Carson, chief of the communications and public education division of the Massachusetts State Ethics Commission; William Walter Hunt III, disciplinary counsel for the Tennessee Board of Professional Responsibility; and Bruce Rasmussen, retired inspector general for the chief of naval personnel. Candidates are scheduled to be interviewed in public hearings next month.

TBA Today, YLD program win top honors
Two Tennessee Bar Association programs were honored today with top awards from the Tennessee Society of Association Executives. TBA Today, the electronic newsletter you are reading right now, was recognized as the best newsletter produced by the state's largest associations. Also honored at the group's annual awards luncheon was the YLD's educational series for lawyers in the early years of their practice. The 4L/Skills Enhancement program was named the best educational series for large associations.

Threats against judges on the rise
Threats against federal judges are on a record-setting pace this year, reports the Associated Press.
Read about the situation in an article in the Bristol Herald Courier
Child support collections reach record levels
The Tennessee Department of Human Services collected nearly half a billion dollars in child support last fiscal year as technology and improved enforcement tools contribute to increased collections, reports the Chattanoogan.com.
Read about what DHS is doing to improve collection rates
Chattanooga police sentenced in state suit
Two former Chattanooga police officers -- already sentenced in federal court for stopping Hispanic drivers and stealing their money -- received two-year prison sentences in a state court plea deal. The officers were sentenced this week by Hamilton County Criminal Court Judge Rebecca Stern.
Read about their crime in the News Sentinel
Former jailers indicted
Two former White County jail officers have been indicted by a federal grand jury for allegedly mistreating a jail inmate two years ago.
The Cookeville Herald-Citizen has the story
Election 2006
Survey helps Memphis voters
Voters in Memphis judicial elections can use information from a Memphis Bar Association survey to help guide their decisions. Learn more about the survey and Shelby County judicial elections in a Memphis Daily News story.
Read the full story
Proposal would let voters decide term limits
Voters would decide which offices are subject to term limits under a proposal discussed Thursday by members of the Knox County Charter Review Committee. If the committee approves this approach, each office would be listed separately on the November ballot with a question whether term limits should apply.
The Knoxville News Sentinel has the story
BPR Actions
Lebanon lawyer censured
Lebanon lawyer Adam Wilding Parrish received a censure from the Board of Professional Responsibility on July 18 for co-mingling trust funds with personal funds and using his trust account as an operating account.
Read the BPR release
Brentwood attorney censured
The Board of Professional Responsibility censured Steven T. Raney of Brentwood on July 18 for practicing law while suspended.
Learn more about the case
Maryville lawyer censured
Maryville attorney Charles M. Clifford was censured on July 24 for failing to timely file an appellate brief and failing to respond to disciplinary counsel.
Read the BPR release
TBA Member Services
New TBA benefit: Lawyers professional liability insurance
The TBA is now offering 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. "This partnership is just another way for the TBA to further serve every lawyer every day."
Learn more about this program

 
 
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