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Summers agrees to serve through September
Tennessee Attorney General Paul Summers today agreed to stay in office an additional month so that a new Supreme Court justice -- expected to be named in September -- could take part in selecting Summers' replacement. The state's chief legal officer will now stay in office until the end of September. Chief Justice William M. Barker said that a previously scheduled public hearing on Sept. 12 for the 14 attorney general candidates, as well as court interviews, would be rescheduled as well. Download the court's press release at:
http://www.tba2.org/tbatoday/news/2006/ag_announcement082306.pdf
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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
02 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
03 - TN Court of Appeals
04 - TN Court of Criminal Appeals
02 - 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,
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Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then
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This option will allow you to download the original version of the opinion.
Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink
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CARROLL D. HANEY v. FIVE RIVERS ELECTRONIC INNOVATION, LLC and LUMBERMENS UNDERWRITING ALLIANCE
Court: TWCA
Attorneys:
John T. Milburn Rogers, Rogers, Laughlin, Nunnally, Hood & Crum, Greeneville, Tennessee for the Appellant, Carroll D. Haney.
Jay L. Johnson, Allen, Kopet & Associates, PLLC, Knoxville, Tennessee, for the Appellees, Five Rivers Electronic Innovations, L.L.C., and Lumbermen's Underwriting Alliance.
Judge: PEOPLES
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code
Annotated Section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employee contends the trial court erred in finding that he made a meaningful return to work requiring the award to be capped at two and one-half times the medical impairment. We modify the award.
http://www.tba2.org/tba_files/TSC_WCP/2006/haneyc_082306.pdf
MICHAEL RODNEY SMITH v. BEAZER HOMES, CORP, ET AL.
Court: TWCA
Attorneys:
Stephen F. Libby, Memphis, Tennessee, for appellant, Michael Rodney Smith.
Sean A. Hunt, Memphis, Tennessee, for appellee Travelers Insurance Company.
Judge: WALLACE
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals
Panel in accordance with Tennessee Code Annotated Section 50-6-225(e)(3) for hearing and
reporting to the Tennessee Supreme Court of findings of fact and conclusions of law. The trial court
found the plaintiff was an independent contractor and dismissed his complaint. The trial court
further denied the counter-complaint of Travelers Insurance Company and dismissed Travelers
Insurance Company's third party complaint against Joey Helton a/k/a Joey Hilton. For the reasons
discussed below, we reverse the judgment of the trial court, and we remand the case to the trial court
for further proceedings consistent with this opinion.
http://www.tba2.org/tba_files/TSC_WCP/2006/smithm_082306.pdf
SEVIER COUNTY BANK v. PAYMENTECH MERCHANT SERVICES, INC., ET AL.
Court: TCA
Attorneys:
Raymond E. Lacy and C. Allen Ragle, Knoxville, Tennessee, for the Appellant Sevier County
Bank.
Andrew L. Colocotronis and Ashley Meredith Lowe, Knoxville, Tennessee, for the Appellees
Paymentech, L.P. and Paymentech, Inc.
Scott D. Hall, Sevierville, Tennessee, for the Appellees Katherine Oakes and Mary Jane Ownby.
Judge: SWINEY
Sevier County Bank (the Bank) entered into a referral agreement with First USA Merchant Services, Inc. (First USA) which provided that the Bank, for a fee, would refer its merchant customers to First USA for credit card processing services. The Bank filed this lawsuit over 7 years later against First USA's successor, Paymentech LP, and others. The Bank claimed that Paymentech breached the referral agreement and committed various tortious acts when it began diverting the Bank's customers to another bank located in Sevier County. The referral agreement contained a forum selection clause stating that any claims relating to or arising from the agreement would be brought in Dallas, Texas. All the defendants filed motions to dismiss
pursuant to the forum selection clause. The Trial Court determined that the forum selection clause was valid and the lawsuit should have been filed in Dallas, Texas. Accordingly, the Trial Court dismissed the lawsuit without prejudice. The Bank appeals, and we affirm.
http://www.tba2.org/tba_files/TCA/2006/seviercountybank_082306.pdf
JERRY ALAN TAYLOR, by and through his next friend, KAY TAYLOR GNEIWEK v. JACKSON-MADISON COUNTY GENERAL HOSPITAL DISTRICT, ET AL.
Court: TCA
Attorneys:
Jerry D. Kizer, Jr. And Patrick W. Rogers, Jackson, Tennessee, for the appellant, Jackson-Madison
County General Hospital District.
David Wayne Camp, Jackson, Tennessee, for the appellee, Kay Taylor Gneiwek.
Judge: FARMER
Defendant Jackson-Madison County General Hospital District (Defendant) appeals a judgment awarding damage for malpractice to Plaintiff Kay Gneiwek (Plaintiff) as administrator of the estate of Jerry Alan Taylor. Defendant raises issues pertaining to the competency of Plaintiff's expert witness, Dr. Douglas Harkrider, M.D., to provide testimony in this case, and further argues that Dr.
Harkrider's testimony failed to establish proximate causation as required under Section 29-26-115
of the Tennessee Code. We affirm in part and reverse in part.
http://www.tba2.org/tba_files/TCA/2006/taylorj_082306.pdf
WILLIAM B. THURLBY v. SEVIER COUNTY, TENNESSEE, COUNTY EXECUTIVE MANAGER, SHERIFF MONTGOMERY, CHIEF SEALS, CAPT. PARTON, LT. HENRY, SGT. MONTGOMERY, OFFICER "ZEUS," OFFICER TRENTHAM, OFFICER "JOHN DOE," AND OFFICER KEITH
Court: TCA
Attorneys:
William Thurlby, Wartburg, Tennessee, Pro Se.
Zachariah N. Stansell and W. Mitchell Cramer, Knoxville, Tennessee, for appellees.
Judge: FRANKS
In this action, plaintiff, acting pro se, alleged certain rights were denied to him by the County and several County officials. The Trial Court granted defendants summary judgment. We
affirm.
http://www.tba2.org/tba_files/TCA/2006/thurlbyw_082306.pdf
STATE OF TENNESSEE v. TENICA DICKERSON
Court: TCCA
Attorneys:
Gregory D. Gookin, Jackson, Tennessee, for the appellant, Tenica Dickerson.
Paul G. Summers, Attorney General & Reporter; CameronL. Hyder, Assistant Attorney General;
Jerry Woodall, District Attorney General, and Shaun A. Brown, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: SMITH
The defendant, Tenica Dickerson, and her sister, Latamia Dickerson, were involved in an argument
at a Waffle House in Jackson. She was arrested and charged with disorderly conduct. A jury
convicted her for the charged offense. The trial court sentenced her to thirty days to be served at
seventy-five percent. The defendant appeals the trial court's judgment arguing that the evidence is
insufficient to support her conviction. We have reviewed the record and find that there is sufficient
evidence. Therefore, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2006/dickersont_082306.pdf
DANNY L. FISH, JR. v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Karen T. Fleet, Bolivar, Tennessee, for the appellant, Danny L. Fish, Jr.
Paul G. Summers, Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General;
Elizabeth T. Rice, District Attorney General; and Joe Van Dyke, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: TIPTON
The petitioner, Danny L. Fish, Jr., appeals the Hardeman County Circuit Court's dismissal of his
petition for post-conviction relief from his conviction for sexual battery by an authority figure, a
Class C felony, and his resulting sentence of five years in the Department of Correction. The
petitioner contends that he received ineffective assistance of counsel, rendering his no contest plea
unknowing and involuntary. We affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2006/fishd_082306.pdf
OCTAVIAN DEMETRIUS REEVES v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
J. Colin Morris, Jackson, Tennessee, for the appellant, Octavian Demetrius Reeves.
Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; James
G. (Jerry) Woodall, District Attorney General; and Alfred Lynn Earls, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: TIPTON
The petitioner, Octavian Demetrius Reeves, appeals the Madison County Circuit Court's dismissal
of his petition for post-conviction relief from his conviction for second degree murder and resulting
sentence of twenty-five years. On appeal, the petitioner claims that he received the ineffective
assistance of counsel because his attorney failed to cross-examine witnesses thoroughly and failed
to file a motion for a change of venue. We affirm the trial court's dismissal of the petition.
http://www.tba2.org/tba_files/TCCA/2006/reeveso_082306.pdf
STATE OF TENNESSEE v. ANDRE SMITH
Court: TCCA
Attorneys:
Claiborne H. Ferguson (on appeal), and Kamilah Turner (at trial), Memphis, Tennessee, for the
appellant, Andre Smith.
Paul G. Summers, Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General,
William L. Gibbons, District Attorney General; and Nicole Germain, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: WILLIAMS
The defendant, Andre Smith, appeals the trial court's denial of judicial diversion. The defendant
pled guilty to theft over $1000, a Class D felony. Following a hearing, the trial court denied the
defendant's request for judicial diversion and ordered the defendant to serve his sentence on
supervised probation. After careful review, we affirm the trial court's denial of judicial
diversion.
http://www.tba2.org/tba_files/TCCA/2006/smitha_082306.pdf
Monitoring of Sex Offenders at Probation and Parole Field Offices
TN Attorney General Opinions
Date: 2006-08-21
Opinion Number: 06-134
http://www.tba2.org/tba_files/AG/2006/ag_06-134.pdf
Collection of Fines and Court Costs in General Sessions Criminal Cases
TN Attorney General Opinions
Date: 2006-08-21
Opinion Number: 06-135
http://www.tba2.org/tba_files/AG/2006/ag_06-135.pdf
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| TODAY'S NEWS |
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Legal News
Election 2006
BPR Actions
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| Legal News |
| Gordon reactivates candidacy for Supreme Court |
| Covington attorney J. Houston Gordon has asked that his application for appointment to the state Supreme Court be reactivated. His action follows the Judicial Selection Commission's decision yesterday that allows candidates who had previously applied to again be considered. Candidates who do not want to be considered have until 4:30 p.m. on Aug. 29 to withdraw their applications. This decision by the commission allows three attorneys, in addition to Houston, to continue in the process. They are: George T. "Buck" Lewis of Memphis, Court of Appeals Judge William C. Koch Jr. of Nashville and Court of Appeals Judge Frank G. Clement Jr. of Nashville. |
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| Equal Justice Conference announced |
| The Tennessee Alliance for Legal Services (TALS) will hold its annual Equal Justice Conference Sept. 27-29 at Montgomery Bell State Park. The Tennessee Bar Association is a cosponsor of this three-day event and networking opportunities for those who share a common vision for equal access to justice. Early registration through Sept. 15 is now available for $170. For more information, including a schedule of events, information on CLE credit and a registration form, call 615-627-0956 or |
visit the TALS Web site
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| Accusations fly in gambling ring case |
| Earlier this month, Senior U.S. District Judge James H. Jarvis did an about face when he vacated the prison term of gambling kingpin James "Slim" Houston and imposed a two-year probation instead. Assistant U.S. Attorney John MacCoon accused the judge of acting capriciously and now has accused defense attorney David Eldridge of misrepresenting his position. In the motion asking Jarvis to reconsider the sentence, Eldridge wrote that MacCoon had no quarrel with the request. MacCoon says he never gave approval for such a move.
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Read more in the News Sentinel
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| Judge Martin bids 30-year career farewell |
| Judge Leonard Martin of the 23rd Judicial District Circuit Court capped off a 30-year career with a portrait unveiling and ceremony at the Dickson County courthouse, the Tennessean reports.
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Read about his years on the bench
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| Lawyer wins two-year battle against West Nile virus |
| Longtime Memphis lawyer Charles Wright was diagnosed with West Nile virus in 2002 and soon slipped into a coma. Today he enjoys going to his office at Cochran, Uhlmann, Abney, Duck & Wright and stopping by the Criminal Justice Center to visit the morning coffee club of fellow lawyers.
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Read about his journey in the Commercial Appeal
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| Market Square memorial celebrates women's suffrage |
| Knoxville lawyer Wanda Sobieski has become something of a modern champion for suffragists and has been one of the driving forces behind a grassroots fund-raising effort that has generated money for the Tennessee Woman's Suffrage Memorial. The statue will be unveiled on Knoxville's Market Square on Saturday marking the end of a more than 10-year journey to create it. The memorial honors three women who in the early 1900s fought for the 19th Amendment, giving women the right to vote: Lizzie Crozier French, Elizabeth Avery Meriwether and Anne Dallas Dudley. |
Get details about the memorial and the event in the News Sentinel
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| Election 2006 |
| Former clerk candidate fired |
| Unsuccessful probate court clerk candidate Sondra Becton was fired from her job in the Shelby County Finance Department yesterday. She is accused of using her post as a benefits specialist to find and distribute confidential information during her political campaign against incumbent clerk Chris Thomas, who won re-election. Becton also is accused of distributing personal information, including the Social Security number, of probate court clerk office administrator Annita Hamilton, according to the Commercial Appeal.
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| Two Karens ready for robes |
| Seven new judges will take the bench next month in Shelby County, including a pair of unheralded "Karens" who surprised many by unseating incumbents. Karen Massey, an assistant public defender and former military intelligence officer, defeated one-term General Sessions Criminal Court Judge Mischelle Alexander-Best. And in the biggest upset in the judicial races, private attorney Karen Webster edged out longtime Probate Court Judge Donn Southern by a fraction of a percentage point.
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Read a profile of the two in the Commercial Appeal
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| BPR Actions |
| Greeneville attorney suspended |
| Lawrence A. Welch Jr. of Greeneville was suspended from the practice of law for three years on May 19 for preparing and mailing a memorandum implicating a sitting judge and members of a law firm in a criminal conspiracy. His actions violated the Tennessee Code of Professional Responsibility.
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Read more about the case in the BPR's press release
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