Tennessee bars win high national honors

Tennessee brought home several awards from the American Bar Association annual meeting, which began last week in Hawaii. The Tennessee Bar Association won the 2006 LexisNexis Community & Educational Outreach Award for its Stand Up & Deliver initiative, "Freedom's Foundation: The American Legal System," spearheaded by then-President Bill Haltom. This award carries with it $25,000 worth of Lexis/Nexis research time to be used by the bar for pro bono activities.

TBA JobLink, a project of the TBA Young Lawyers Division, won "Outstanding Service to the Bar" for the entire ABA-YLD. In its division for YLDs with 3,000 or fewer members, the TBA YLD also won second places in comprehensive; public service projects, for Building Healthy Relationships; and newsletters, for the Tennessee Young Lawyer. The Memphis Bar Association won an E. Smythe Gambrell Professionalism Award for its Leadership Forum.
TODAY'S OPINIONS
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01 - TN Supreme Court
01 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TSC

http://www.tba2.org/tba_files/TSC/2006/certlist080706.pdf


CALVIN MILLER V. ALLOY CLADDING COMPANY, INC., AIG INSURANCE COMPANY, INC. AND TENNESSEE DEPARTMENT OF LABOR SECOND INJURY FUND

Court: TWCA

Attorneys:

Jill Hanson, Nashville, TN, for the appellants, Alloy Cladding Company, Inc. and AIG Insurance Company, Inc.

Curtis F. Hooper, Savannah, TN, for the appellee, Calvin Miller.

Juan G. Villasenor, Nashville, TN, for the appellee, Second Injury Fund.

Judge: J. S. (Steve) Daniel

This workersí compensation appeal has been referred to the Special Workersí Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the appellants contend that the trial court erred in finding that the employee is permanently and totally disabled and in refusing to limit the employeeís aware to 400 weeks. We conclude that the record supports the trial court finding of permanent and total disability. Therefore, under the provisions of Tennessee Code Annotated section 50-6-207(4)(A)(I) (Supp. 1996), total disability benefits are payable to age sixty-five without regard to the monetary cap imposed by the 400-week maximum total benefit provisions of Tennessee Code Annotated section 50-6-102(a)(6) (Supp. 1997). We further conclude that the trial courtís allocation of the responsibility for the payment of these benefits between the employer and the Second Injury Fund was proper. Accordingly, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TSC_WCP/2006/millerc080706.pdf


CUMBERLAND BANK v. G & S IMPLEMENT CO., INC. ET AL.

Court: TCA

Attorneys:

Robert E. Boston and Jennifer L. Weaver, Nashville, Tennessee, for the appellant, William G. Dickerson, II.

Steven F. Glaser and Thomas Boyers V, Gallatin, Tennessee, for the appellee, Cumberland Bank.

Judge: WILLIAM C. KOCH, JR.

This appeal involves a dispute between a bank and the co-maker of a note. The bank asserted that the note was in default and filed suit in the Circuit Court for Sumner County against the co-maker of the note and others. The co-maker asserted that he was not liable on the note either as a maker or a guarantor and asserted affirmative defenses based on res judicata, discharge by payment in full, and the contractual limits on his guaranty. Following a bench trial, the trial court held in favor of the bank and ordered the co-maker to pay the bank $162,246.37 plus $17,500.00 in attorneyís fees. The co-maker appealed. We have determined that the co-maker is not liable to the bank as either maker or guarantor because the bankís acceptance of a new note from the other maker of the note discharged the co-makerís obligations under the note

http://www.tba2.org/tba_files/TCA/2006/cumberlandbank080706.pdf


RUSKIN A. VEST, JR., ET AL. v. DUNCAN-WILLIAMS, INC

Court: TCA

Attorneys:

Allan J. Wade, Lori Hackleman Patterson, Brandy S. Parrish, Memphis, Tennessee, for the appellant, Duncan-Williams, Inc.

H. Naill Falls Jr., Nashville, Tennessee, for the appellees, Ruskin A. Vest, Jr. and Industrial Products Co., Inc.

Judge: PATRICIA J. COTTRELL

After Court of Appeals on interlocutory appeal affirmed denial of the first request, the trial court dismissed appellantsí second motion to compel arbitration on the basis the evidence supporting the second motion was not newly discovered evidence. We affirm.

http://www.tba2.org/tba_files/TCA/2006/vestr080706.pdf


STATE OF TENNESSEE v. CEDRIC P. GOLDEN

Court: TCCA

Attorneys:

Shana Johnson (on appeal), Senior Assistant Public Defender, Somerville, Tennessee, and William Hatton (at trial), Bolivar, Tennessee, for the appellant, Cedric P. Golden.

Paul G. Summers, Attorney General and Reporter; Brian Clay Johnson, Assistant Attorney General; Elizabeth Rice, District Attorney General; and Terry Dycus and Cameron Williams, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: J.C. MCLIN

A McNairy County jury found the defendant, Cedric P. Golden, guilty of possession of more than ten pounds of marijuana with intent to deliver and possession of drug paraphernalia. The trial court sentenced the defendant to an effective sentence of five years and imposed a fine of $5,150.00. On appeal, the defendant argues that the evidence is insufficient to sustain his convictions. After review of the record and the partiesí briefs, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/goldenc080706.pdf


STATE OF TENNESSEE v. DONNIE JOE HENSLEY

Court: TCCA

Attorneys:

William Louis Ricker and Kim C. Miller, Greeneville, Tennessee, for the Appellant, Donnie Joe Henlsey.

Paul G. Summers, Attorney General & Reporter; John H. Bledsoe, Assistant Attorney General; C. Berkeley Bell, Jr., District Attorney General; and Cecil Mills, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: JAMES CURWOOD WITT, JR.

The defendant, Donnie Joe Hensley, appeals from his Greene County Criminal Court jury conviction of first degree murder. He claims on appeal that the trial court erred (1) in failing to dismiss the indictment because the juvenile court had transferred his case to criminal court without appointing a guardian ad litem, (2) in refusing to remand to juvenile court because a prosecution witness had lied in the juvenile court transfer hearing, and (3) in refusing to extend the plea cut-off date until the defendant attained his 18th birthday. The defendant also claims that the evidence is legally insufficient to support the conviction of premeditated first degree murder. We find no reversible error and affirm the judgment of the criminal court.

http://www.tba2.org/tba_files/TCCA/2006/hensleyd080706.pdf


JOE ANTHONY IVY v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Robert B. Gaia, Memphis, Tennessee for the appellant.

Paul G. Summers, Attorney General & Reporter; Renee W. Turner, Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: JOHN EVERETT WILLIAMS

The Petitioner, Joe Anthony Ivy, appeals the lower courtís denial of his petition for post-conviction relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to establish his entitlement to relief from an unconstitutional or invalid sentence. Accordingly, we affirm the trial courtís dismissal.

http://www.tba2.org/tba_files/TCCA/2006/ivyj080706.pdf


STATE OF TENNESSEE v. LARRY J. NOEL

Court: TCCA

Attorneys:

Gary F. Antrican, District Public Defender (at trial and on appeal) and Julie Pillow, Assistant Public Defender (at trial) for the appellant, Larry J. Noel.

Paul G. Summers, Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; Elizabeth T. Rice, District Attorney General; and Tracey A. Brewer-Walker and James Walter Freeland, Jr., Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: J.C. MCLIN

The defendant, Larry J. Noel, was convicted by a Lauderdale County jury of attempted first-degree murder, aggravated assault, retaliation for past action, unlawful possession of a weapon, and driving on a revoked license. On appeal, he argues that the evidence was insufficient to convict him of attempted first-degree murder. After our review of the record and the partiesí briefs, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/noell080706.pdf


STATE OF TENNESSEE v. ROBERT EUGENE RUTHERFORD

Court: TCCA

Attorneys:

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Marsha Mitchell, Assistant District Attorney General, for the appellant, State of Tennessee.

Mike Whalen, Knoxville, Tennessee, for the appellee, Robert Eugene Rutherford.

Judge: JOSEPH M. TIPTON

The defendant, Robert Eugene Rutherford, was convicted on his guilty pleas of aggravated burglary, a Class C felony, six counts of theft of property valued at $1,000 but less than $10,000, a Class D felony, seven counts of burglary of an auto, a Class E felony, three counts of theft of property valued at $500 but less than $1,000, a Class E felony, reckless endangerment, a Class E felony, theft of property valued at less than $500, a Class A misdemeanor, and assault, a Class A misdemeanor. The defendant received an effective eight-year sentence pursuant to his plea agreement, and the trial court imposed probation. The state appeals from the trial courtís grant of probation and the trial courtís ruling that the defendantís probation would not be revoked following an admitted violation. We conclude no error exists, and we affirm the judgments of the trial court. We remand the case, however, for a determination whether clerical error exists in the judgments for counts three and six of case 80728.

http://www.tba2.org/tba_files/TCCA/2006/rutherfordr080706.pdf


STATE OF TENNESSEE v. RICKY SHACKLES and CARRIE ANDERSON

Court: TCCA

Attorneys:

R. Jackson Rose, Harrogate, Tennessee (at trial); Benjamin S. Pressnell, Tazewell, Tennessee (on appeal); for the Defendants, Ricky Shackles and Carrie Anderson.

Paul G. Summers, Attorney General and Reporter; Leslie Price, Assistant Attorney General; William Paul Phillips, District Attorney General; and Jared Effler, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: DAVID H. WELLES

This is a direct appeal as of right upon a certified question of law. See Tenn. R. Crim. P. 37(b)(2). The Defendants, Ricky Shackles and Carrie Anderson, were both convicted of simple possession of a controlled substance, a Class A misdemeanor, following their entry of a guilty plea. Defendant Shackles received eleven months and twenty-nine days on probation, and Defendant Anderson received eleven months and twenty-nine days on judicial diversion. On appeal, the Defendants claim, pursuant to their reserved certified question, that as occupants of a parked car in a privately owned parking lot, they had a reasonable expectation of privacy which rendered the warrantless search of their car unconstitutional. Because the certified question of law is not dispositive of the Defendantsí case, we dismiss this appeal.

http://www.tba2.org/tba_files/TCCA/2006/shacklesr080706.pdf


STATE OF TENNESSEE v. RANDALL S. SPARKS

Court: TCCA

Attorneys:

John Milton Meadows, III, Livingston, Tennessee, for the appellant, Randall S. Sparks.

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; William Edward Gibson, District Attorney General; and John A. Moore, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: NORMA MCGEE OGLE

The appellant, Randall S. Sparks, was convicted of one count of the sale of less than .5 grams of cocaine and one count of the sale of .5 grams or more of cocaine. The trial court imposed a total effective sentence of twelve years incarceration in the Tennessee Department of Correction. On appeal, the appellant challenges the trial courtís refusal to give Tennessee Pattern Jury Instruction 42.23 regarding the loss or destruction of evidence and the trial courtís denial of a motion for new trial based upon a jurorís disclosure after trial that she knew the appellant. Upon review of the record and the partiesí briefs, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/sparksr080706.pdf


JARVIS TAYLOR v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Tony N. Brayton, Assistant Public Defender (on appeal), Memphis, Tennessee, and Michael Johnson and Michelle Lynn, Assistant Public Defenders (at trial), Memphis, Tennessee, for the appellant, Jarvis Taylor.

Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; William L. Gibbons, District Attorney General; and Patience Branham and Tracey Jones, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: J.C. MCLIN

The defendant, Jarvis Taylor, was convicted of first degree felony murder and especially aggravated robbery. He received a sentence of life imprisonment for his felony murder conviction and a concurrent twenty year sentence for his especially aggravated robbery conviction. On appeal, the defendant argues that the evidence was insufficient to support his convictions. Following our review of the partiesí briefs and the applicable law, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/taylorj080706.pdf


STATE OF TENNESSEE v. CHARLES LEE WHITE

Court: TCCA

Attorneys:

Benjamin C. Mayo, Jackson, Tennessee, for the appellant, Charles Lee White.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Jerry Woodall, District Attorney General; and James Thompson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: J.C. MCLIN

The defendant, Charles Lee White, pled guilty to one count of aggravated burglary and three counts of sexual battery. He was sentenced to an effective eight-year sentence, suspended, and placed on intensive probation. Thereafter, the trial court revoked the defendantís probation and placed his sentence into effect. On appeal, the defendant challenges the trial courtís revocation of his probation. Upon our review of the record and the partiesí briefs, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/whitec080706.pdf


JOHN DARRYL WILLIAMS-BEY v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Nathan S. Moore, Nashville, Tennessee, for the appellant, John Darryl Williams-Bey.

Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Roger Moore, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: NORMA MCGEE OGLE

The petitioner, John Darryl Williams-Bey, was convicted of carjacking by a jury in the Davidson County Criminal Court, and he received a sentence of eighteen years in the Tennessee Department of Correction. Subsequently, he filed a petition for post-conviction relief, alleging that his trial counsel were ineffective. The post-conviction court denied the petition, and the petitioner now appeals. Upon review of the record and the partiesí briefs, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2006/williams-bey080706.pdf


Interpretation of Tenn. Code Ann. ß 50-6-204(a)(1)

TN Attorney General Opinions

Date: 2006-08-04

Opinion Number: 06-126

http://www.tba2.org/tba_files/AG/2006/ag_06-126.pdf

Newspaper of General Circulation: The Commercial Appeal

TN Attorney General Opinions

Date: 2006-08-04

Opinion Number: 06-127

http://www.tba2.org/tba_files/AG/2006/ag_06-127.pdf

TODAY'S NEWS

Legal News
Passages

Legal News
Deadline approaches with only three apps for Supreme Court
There are now three applicants to fill a vacancy on the Tennessee Supreme Court. They are Sean Antone Hunt, a lawyer with Spicer, Flynn & Rudstrom in Memphis; Circuit Court Judge D'Army Bailey of Memphis; and Court of Criminal Appeals Judge J.C. McLin of Memphis. The deadline to apply is Aug. 9. The application and details on the selection process are available on the
AOC Web site.
Learn details on new law that restores voting rights to felons
The ACLU's Right to Vote Campaign will hold Town Hall meetings in eight locations statewide to educate the general public about a new law that streamlines the voting restoration process for individuals who have completed a felony sentence. The Tennessee Bar Association was a cosponsor of the bill that created the law. The events begin tonight and run in cities across the state through Sept. 7. For details on each location, visit the
ACLU Web site.
Starr: Americans misunderstand courts
The American people have "a great misunderstanding" of how the judiciary works and how judges make decisions, said former independent counsel Ken Starr at a meeting of the American Bar Association on Saturday. Starr, moderating a panel of judges from across the country, cited a poll by the bar association in which about half the respondents couldn't identify the three branches of government. TriCities.com has this
AP story.
March mystery heads to trial
Perry March's murder trial begins this week in Nashville. Read about potential trial strategies, as well as profiles of the defense team, the prosecutors and the judge in the
Tennessean.
Read the Volunteer Attorney
The latest issue of the Volunteer Attorney Newsletter is now posted on TBALink.
Read it here.
Criminal steals attorney's identity
A man with a criminal record masqueraded as an attorney for months after stealing the identify of a lawyer with the same name, authorities in Pennsylvania said. Jeffrey P. Riddell, 40, of Hershey, has never held a law license in Pennsylvania, but claimed to be another attorney with the same first and last names, authorities said. At the time, the real attorney was living in Russia. Riddell has been jailed and faces a charge of unauthorized practice of law.
TriCities.com has the story.
Indian court asks Coca-Cola, Pepsi to tell ingredients
India's top court has asked Coca-Cola and Pepsi to disclose the ingredients in the soft drinks they sell there amid allegations the drinks contain high levels of pesticide. The Indian Supreme Court notice came days after a New Delhi-based independent research body said it found samples of Coke and Pepsi contained pesticide residue that was 24 times above the limits set by the Bureau of Indian Standards. Read the AP story in the
Chattanooga Times.
Passages
Judge's son killed in car-truck wreck
The son of Federal Bankruptcy Judge Jennie D. Latta, John B. Latta, 22, of Memphis, was one of two men killed in an explosive collision between a car and an 18-wheeler truck Friday night in Fayette County, the Commerical Appeal reports. Visitation was this evening at the Cathedral of the Immaculate Conception, followed by vespers at 7:30 p.m. A funeral mass will be celebrated Tuesday, Aug. 8 at 10 a.m., at the Cathedral, followed by burial at Memorial Park. The family asks that memorial contributions be made to Tigers for Organ Donation.


 
 
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