Longtime Nashville attorney Berry dies Tuesday

James I. Vance Berry, one of the founding members of the Nashville law firm, Boult, Cummings, Conners & Berry, died Tuesday at the age of 80. A graduate of Yale University and Vanderbilt Law School, Mr. Berry entered the practice of law in Nashville in 1950 and continued an active practice until his death, focusing much of his work in the field of real estate and development in addition to general corporate law, estate administration and estate planning. The Tennessee legislature honored Berry this past year for his service to the citizens of Tennessee through his work, his service to government -- as city attorney to the City of Belle Meade -- and his service to the legal community -- as a professor and trustee at the Nashville School of Law and a supporter of local, state and national bar organizations.


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Knoxville, Tennessee
Editor-in-Chief, TBALink


Court: TCA


Eric J. Burch, Manchester, Tennessee, for the Appellant, John Wesley Campbell.

Jeffrey D. Ridner, Tullahoma, Tennessee, for the Appellee, Sheila Darlene Campbell.


This is an appeal from a divorce action in which the Appellee, Sheila Darlene Campbell (Ms. Campbell), was awarded 73.6 percent of the parties marital property together with alimony in solido in the amount of $500.00 per month for a period of five years. The Appellant, John Wesley Campbell (Mr. Campbell) has appealed both the division of the marital assets and awarding of alimony. Ms. Campbell appeals the refusal of the trial court to require that Mr. Campbell pay her attorneys' fees and alleges the trial court erred in equally dividing the court costs. We modify the judgment of the trial court to delete the requirement that Mr. Campbell pay alimony in solido and affirm the trial court in all other respects.



Court: TCA


Kenneth A. Weber, Nashville, Tennessee, for Appellant, TomKats, Inc.

Gerald E. Martin, Douglas S. Johnston, Jr., for Appellee, Shawn Humphrey.


On this appeal, the Appellant, TomKats, Inc., challenges the propriety of the trial court's awarding Appellee, Shawn Humphrey, judgment for breach of an oral agreement to pay commissions due for sales of sponsorships for an event called Dancin' in the District during the year 1999, failure to pay commissions due on sponsorship and vendor booth revenues pursuant to a written agreement for same event in the year 2000, the subsequent breach of that agreement for the years 2001 and 2002 and dismissal of Appellant's counterclaim for breach of a non-compete agreement and breach of fiduciary responsibilities. Humphrey challenges trial court's findings with regard to the amount of damages for commissions awarded for 1999 and the failure to award prejudgment interest on the judgment for breach of contract. We affirm, as modified.



Court: TCA


Aubrey B. Harwell, Jr., James G. Thomas, Gerald D. Neenan of Nashville for Appellant, Maddox Foundation; Daniel C. Paulus and Michael P. Dolan of Nashville for Appellant, Robin Costa.

Joseph A. Woodruff, Richard A. Johnson and Paul A. Gontarek of Nashville; Victor S. (Torry) Johnson, III, District Attorney General for Appellee, State of Tennessee, ex rel. Tommye Maddox Working.


This case involves the determination under pre-existing law of the proper method for transferring the situs of a trust from this state to another state or location. The trial court held that the transfer must be made with court approval pursuant to the provisions of T.C.A. Section 35-1-122 which was repealed in 2004. The trustees of the trust, without court approval, transferred the situs of the trust to the State of Mississippi in 1999. The trial court also held that subsequent actions of the trustee in transferring the assets of the trust to a corporation, as authorized by the trust instrument, was invalid. The trustee has appealed. We affirm the order of the trial court granting partial summary judgment to the extent that the statute requires court approval before transferring the situs of the trust. We reverse the order of the trial court granting partial summary judgment to the extent that it voids the trustee's actions following the attempt to transfer the situs of the trust. Affirmed in part, reversed in part and remanded.



Court: TCCA


Myrlene R. Marsa (on appeal) and Cynthia A. Lecroy-Schemel (at trial), Chattanooga, Tennessee, for the appellant, Edyson Rafael Arias.

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; William H. Cox, III, District Attorney General; and Rodney C. Strong, Assistant District Attorney General, for the appellee, State of Tennessee.


A Hamilton County jury convicted the Defendant, Edyson Rafael Arias, of first degree premeditated murder, first degree felony murder, attempted especially aggravated burglary, and theft of property valued over $10,000. The trial court merged the first degree murder convictions and sentenced the Defendant to an effective sentence of life plus six years. On appeal, the Defendant contends that: (1) the trial court erred when it failed to instruct the jury on the lesser-included offense of voluntary manslaughter; (2) the trial court abused its discretion when it denied the Defendant's motion for a change of venue; (3) the trial court erred when it admitted a knife set found at the victim's home and certain photographs of the victim into evidence; and (4) the trial court erred when it sentenced him. Finding that there exists no reversible error, we affirm the judgments of the trial court.



Court: TCCA


William A. Church, Helena, Oklahoma, Pro Se.

Elizabeth B. Marney, Senior Counsel, Office of the Attorney General, for the Appellee, State of Tennessee.

Judge: OGLE

The petitioner, William L.A. Church, petitioned the Criminal Court for Hamilton County for relief from his convictions for aggravated assault and forgery. The trial court construed the petition as one for habeas corpus relief and dismissed the petition. The state moves this court to affirm the convictions pursuant to Tennessee Court of Criminal Appeals Rule 20. The petitioner has failed to establish a cognizable claim for habeas corpus relief. We sustain the state's motion and affirm the order of dismissal.



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