First applicant files for Supreme Court vacancy

Tennessee Court of Criminal Appeals Judge J.C. McLin is the first applicant to file in a second call for Supreme Court applicants, following Governor Phil Bredesen's decision to reject applicants presented to him last month. Details on the selection process, including the application deadline, are available on the court's Web site:

http://www.tncourts.gov

TODAY'S OPINIONS
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

GENE GRIFFIN v. TROY MENDIUS and STATE FARM INSURANCE COMPANY

Court: TCA

Attorneys:

Curtis D. Johnson, Memphis, Tennessee, for Plaintiff/Appellant Gene Griffin.

Robert L. Moore and Dawn D. Carson, Memphis, Tennessee, for Defendant Troy Mendius and Defendant/Appellee State Farm Insurance Company.

Judge: KIRBY

This appeal involves Rule 11 sanctions. The plaintiff was injured in an automobile accident. The plaintiff filed a lawsuit against the other driver for his damages arising out of the accident. Believing the other driver to be uninsured, the plaintiff served the complaint on his own automobile insurance carrier pursuant to the uninsured motorist statute. Subsequently, the plaintiff was informed that the other driver was not uninsured as originally believed. The plaintiff nevertheless proceeded with the litigation under his uninsured motorist theory. After the plaintiff's claim was dismissed, the insurance company sought Rule 11 sanctions. The trial court awarded the insurance company its attorney's fees, costs, and expenses incurred after the date the plaintiff was notified that the other driver was insured. The plaintiff now appeals, arguing that the trial court erred by granting the Rule 11 sanctions. We affirm.

http://www.tba2.org/tba_files/TCA/2006/griffing080206.pdf


FLOSSIE HOWARD and EZELL ROBERSON, as legal heirs of decedent MARTHA CULP v. KINDRED NURSING CENTERS LIMITED PARTNERSHIP, f/k/a VENCOR NURSING CENTERS LIMITED PARTNERSHIP d/b/a HUNTINGDON HEALTH & REHABILITATION CENTER, and BAPTIST MEMORIAL HEALTH CARE CORPORATION, d/b/a BAPTIST MEDICAL HOSPITAL-HUNTINGDON

Court: TCA

Attorneys:

Edward M. Bearman, Memphis, Tennessee, for Plaintiffs/Appellants Flossie Howard and Ezell Roberson.

Brett A. Hughes, Memphis, Tennessee, for Defendant/Appellee Baptist Memorial Health Care Corporation.

Judge: KIRBY

This case involves a statute of limitations. The plaintiffs' decedent died in April 2000 at a nursing home. In February 2002, the plaintiffs filed this lawsuit against the nursing home in state court, alleging negligent care by the nursing home. The nursing home removed the action to federal court. Subsequently, the nursing home asserted fault against the hospital that treated the decedent prior to her death. The plaintiffs then amended their complaint to name the hospital as a defendant. Later, the federal court entered an order of dismissal as to the nursing home and remanded the remaining proceedings to state court. After that, the defendant hospital filed a motion to dismiss. The state court granted the motion to dismiss, ruling that the plaintiffs' action was a medical malpractice action and was not timely under the applicable statute of limitations. We affirm.

http://www.tba2.org/tba_files/TCA/2006/howardf080206.pdf


SCOTT M. CRAIG v. STATE OF TENNESSEE
Corrected Case


Court: TCCA

Attorneys:

Charles Richard Hughes, Jr., District Public Defender; and A. Wayne Carter, Assistant Public Defender, for the Appellant, Scott M. Craig.

Paul G. Summers, Attorney General & Reporter; Cameron L. Hyder, Assistant Attorney General; Jerry N. Estes, District Attorney General; and Steven Davis Crump, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WITT

Aggrieved of his aggravated kidnapping and aggravated rape convictions, the petitioner, Scott M. Craig, sought post-conviction relief, which was denied by the Criminal Court of Bradley County after an evidentiary hearing. On appeal, the petitioner presents several issues of the ineffective assistance of counsel. We affirm the denial of post-conviction relief.

http://www.tba2.org/tba_files/TCCA/2006/craigs_corr080206.pdf


Conflict of Interest in the Director of the Tennessee Law Enforcement Training Academy Acting as Executive Secretary of the Tennessee Peace Officer Standards and Training Commission

TN Attorney General Opinions

Date: 2006-08-01

Opinion Number: 06-120

http://www.tba2.org/tba_files/AG/2006/ag_06-120.pdf

Court Clerks' Fees

TN Attorney General Opinions

Date: 2006-08-01

Opinion Number: 06-121

http://www.tba2.org/tba_files/AG/2006/ag_06-121.pdf

Proration of Ad Valorem Taxes on Real Property at Time of Sale

TN Attorney General Opinions

Date: 2006-08-01

Opinion Number: 06-122

http://www.tba2.org/tba_files/AG/2006/ag_06-122.pdf

Morristown City Court Judge Serving as Juvenile Court Referee

TN Attorney General Opinions

Date: 2006-08-01

Opinion Number: 06-123

http://www.tba2.org/tba_files/AG/2006/ag_06-123.pdf

TODAY'S NEWS

Election 2006
Legal News
BPR Actions
TBA Member Services

Election 2006
Federal observers to be present at polls
The U.S. Justice Department will have observers at the polls in Shelby County to ensure compliance with the Voting Rights Act. In announcing its decision, the department said it will be watching and recording activities at various polling locations in the city and that a Civil Rights Division attorney will be present to coordinate federal activities with local polling officials.
Read more in the Memphis Commercial Appeal
Election likely to produce record turnout
While early voting turnout varied considerably around the state, total turnout was up. This has led state election officials to predict that Thursday's election will produce a record turnout for an August primary.
Read more in the Knoxville News Sentinel
Interested in early voting details?
For a county-by-county early voting report, check out the state Division of Elections' Web site:
http://state.tn.us/sos/election
Court spokesperson lauds retention system
Sue Allison, public information officer for the state Supreme Court, says that Tennessee's "yes/no" ballot setup is effective because judges are able to stay out of the political fray of campaigning and continue with their work during campaign seasons. Under the retention system, voters check "yes" or "no" on whether to keep each judge in office for another eight-year term.
Read more in the News Examiner
Imperfect system serves state well
In an editorial yesterday, the Memphis Commercial Appeal said that while the Tennessee Plan isn't perfect, it allows voters to decide whether a judge stays in office and keeps the influence of money in check.
Read the opinion
Legal News
Judges deny asylum at varying rates
U.S. immigration judges grant asylum at vastly different rates according to a study conducted by the Transactional Records Access Clearinghouse, a research center at Syracuse University that analyzes federal staffing, spending and enforcement trends in immigration law. The most extreme disparity was between a New York judge who grants asylum 97 percent of the time and eight judges who grant it just 10 percent of the time.
Read Scripps Howard News Service coverage of the report
Read the full report from the Transactional Records Access Clearinghouse
Clarksville police officer files complaint against judge
Clarksville Police Sgt. Mark Wojnarek has filed an official complaint against General Sessions Division III Judge Ray Grimes, alleging that remarks Grimes made during a hearing last month condoned domestic violence and left him feeling threatened. The plot thickened when Wojnarek's son, a Montgomery County sheriff's investigator, was placed on administrative leave for posting a blog that called on Grimes to resign.
Read about the events in question in the Clarksville Leaf Chronicle
Mental evaluation ordered for death row inmate
U.S. District Judge Thomas Phillips ordered a mental evaluation of Daryl Keith Holton, who is to be executed next month for killing his three sons and stepdaughter in 1997. Holton has said he was suffering from severe depression at the time. Phillips, however, declined to stay the execution.
The AP story is in the Oak Ridger
BPR Actions
Cookeville attorney censured
Samuel J. Harris of Cookeville received a public censure from the Board of Professional Responsibility on August 1 for engaging in the practice of law while suspended and failing to pay his annual registration fee.
Read the BPR's press release
TBA Member Services
2006-2007 TBA Access to Justice Awards
The Tennessee Bar Association is accepting nominations for the 2006-2007 Access to Justice Awards. The awards are presented to individuals in three categories: public service attorneys, members of the private bar and law school students who provide outstanding representation to the state's poor. The winners will be announced during the 2007 TBA Leadership Conference and will be featured in the Tennessee Bar Journal. Deadline is Aug. 15.
For information or to apply

 
 
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