| |
Press distorted spending, Legal Services agency says
Two press reports provided "a distorted picture of LSC's administrative expenditures," the Legal Services Corp. said today in a response to stories by the Associated Press and CBS Evening News. Those stories said that LSC board members spent agency funds on frivolous and extravagant purchases. The LSC says that just four percent of its budget goes for administrative costs, with only one-tenth of one percent being used for board expenses. In a written critique of the press reports, the LSC writes, "As a matter of principle, we are committed to being a careful and frugal steward of taxpayer funds -- we have strict policies in place to ensure LSC funds are spent wisely and appropriately." The full response, available below, includes a point-by-point rebuttal to claims made in the reports.
http://www.tba2.org/tbatoday/news/2006/LSC_Response.pdf |
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.
00 - TN Supreme Court 01 - TN Worker's Comp Appeals 00 - TN Supreme Court - Rules 00 - TN Court of Appeals 00 - TN Court of Criminal Appeals 05 - TN Attorney General Opinions 00 - Judicial Ethics Opinions 00 - Formal Ethics Opinions - BPR
TBA members can get the full-text versions of these opinions three ways detailed below.
All methods require a TBA username and password. If you have forgotten your password or need to obtain a password,
you can look it up on-line at http://www.tba.org/getpassword.mgi
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
|
|
|
|
|
|
JAMES R. WHITED v. NISSAN MOTOR CORPORATION Corrected Case with Dissenting Opinion
Court: TWCA
Attorneys:
Richard A. House and Larry Williams, Nashville, Tennessee, for Appellant, James A. Whited.
Kitty Boyte and Kenneth M. Switzer, Nashville, Tennessee, for the Appellee, Nissan Motor Corporation.
Judge: INMAN
This workers' compensation appeal has been referred to the Special Workers' 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 1999 the Employee injured his cervical spine and was awarded benefits,
including lifetime medical benefits. During the succeeding years he experienced various problems
with his neck. In May 2003, the Employee struck a bay pole while operating a tow motor and claims
an injury to his neck as a result of this incident. The treating neurosurgeon, Dr. Zellem, testified that
the Employee suffered no new injury. An independent medical examiner, Dr. George Gaw, testified
that the tow motor incident was a new injury. The trial judge accepted the opinion of Dr. Zellem and
dismissed the Employee’s complaint. We affirm the judgment of the trial judge.
Explanation of Correction: The dissenting opinion of ROBERT E. CORLEW has been added and begins on page 6.
http://www.tba2.org/tba_files/TSC_WCP/2006/whitedj_corr081606.pdf
Early Voting at Satellite Locations
TN Attorney General Opinions
Date: 2006-08-15
Opinion Number: 06-128
http://www.tba2.org/tba_files/AG/2006/ag_06-128.pdf
Confidentiality of Pole Attachment Rate Information
TN Attorney General Opinions
Date: 2006-08-15
Opinion Number: 06-129
http://www.tba2.org/tba_files/AG/2006/ag_06-129.pdf
Validity of Tennessee State Board of Education Rule 0520-1-604, Requiring Schools That Serve Grades 6, 7, or 8 and Higher Grade Levels To Meet Certain Nutritional Standards
TN Attorney General Opinions
Date: 2006-08-15
Opinion Number: 06-130
http://www.tba2.org/tba_files/AG/2006/ag_06-130.pdf
Constitutionality of Mandatory Deoxyribonucleic Acid (DNA) Testing for Paternal Identification
TN Attorney General Opinions
Date: 2006-08-15
Opinion Number: 06-131
http://www.tba2.org/tba_files/AG/2006/ag_06-131.pdf
County Commissioners Voting Under Tenn. Code Ann. Section 2-8-111
TN Attorney General Opinions
Date: 2006-08-15
Opinion Number: 06-132
http://www.tba2.org/tba_files/AG/2006/ag_06-132.pdf
|
|
 |
|
| TODAY'S NEWS |
|
Legal News
Election 2006
BPR Actions
|
| Legal News |
| Hooks considers guilty plea |
| Days before he's set to stand trial on bribery charges stemming from the Tennessee Waltz investigation, Shelby County Commissioner Michael Hooks Sr. is weighing a guilty plea. His attorney confirmed yesterday that Hooks is considering changing his plea and calling off the trial as early as today. Hooks also announced that he would resign his commission seat effective this week.
|
Read more in the Commercial Appeal
|
| State lawyer discourages large records requests |
| One of Tennessee's top attorneys handling open records cases said she believes reporters should not request too many records because large requests can interfere with government operations. Speaking to lawmakers and legislative staffers at the annual meeting of the National Conference of State Legislatures in Nashville, Assistant Attorney General Janet Kleinfelter said reporters must seek a "balance" in their requests.
|
Read more about her comments in the Johnson City Press
|
| Justice Ginsburg to address Memphis lawyers |
| The Hon. Ruth Bader Ginsburg, Associate Justice of the U.S. Supreme Court, will address the joint annual meeting of the Memphis Bar Association and Memphis Bar Foundation on Sept. 11 from noon to 1:30 p.m. in the Peabody Hotel's Grand Ballroom. Prior to Aug. 18, tickets are $50 for MBA members, $60 for non-MBA members and $35 for law students. After that date, prices increase to $60 for members, $70 for non-members and $45 for law students. Tables for 10 are available for $500 prior to and $600 after August 18. The deadline for registering is Sept. 1. To purchase tickets or for more information, call the MBA at 901-527-3573 |
or visit the association's Web site
|
| Nashville attorney named to domestic violence group |
| Jean Crowe, managing attorney for the family law section of the Legal Aid Society's Nashville office, has been appointed to the American Bar Association Commission on Domestic Violence. The appointment is for a three-year term. Crowe, who has served on other ABA boards related to domestic violence and child support, has been with the Legal Aid Society for more than 20 years. In addition to a law degree from the University of Wisconsin, she holds a diploma from the Institute on International and Comparative Law in Paris.
|
|
| Wheatcraft ends long judicial career |
| Jane Wheatcraft has presided over courts in Sumner County for 20 years, but she will retire at the end of the month after deciding not to seek re-election to the criminal court bench.
|
The News Examiner has this profile of her career
|
| Supreme Court resets Harbison execution date |
| The state Supreme Court yesterday rejected a motion by Edward Jerome Harbison's lawyer requesting permission to withdraw from the case. The post-conviction defender had argued that he needed six months to adequately prepare to represent the client. Harbison was scheduled to be executed on Oct. 11. The court denied the motion to withdraw as counsel and instead rescheduled the execution for Feb. 22, 2007.
|
Download the order here
|
| Election 2006 |
| Sells to make decision by Thursday |
| As state officials work to officially certify results of the Aug. 3 election, Judge Lillie Ann Sells of Cookeville continues to weigh a possible lawsuit contesting the outcome of her race. Unofficial returns show Sells losing re-election by 10 votes to challenger David Patterson. Sells said she expects to make her decision public on Thursday.
|
The Herald-Citizen has the story
|
| BPR Actions |
| Maryville lawyer reinstated |
| The Tennessee Supreme Court reinstated Charles David Deas to the practice of law on Aug. 10. Deas was temporarily suspended on June 16 for failing to respond to complaints of misconduct. After conducting a hearing on the matter, a panel of the Board of Professional Responsibility concluded that the suspension should be dissolved. The court agreed but ordered Deas to pay the costs of the disciplinary proceeding. |
Read the BPR release
|
| |
|