Sign up now for U.S. Supreme Court admission ceremony

A select group of Tennessee attorneys will experience the honor of being admitted to practice before the U.S. Supreme Court this year as part of the 23rd Annual TBA Academy. Only a limited number of attorneys will be able to participate in the private swearing in ceremony on Dec. 6, so make your plans now.

https://www.tba.org/onsiteinfo/supremecourt_2006.html

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
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
02 - TN Court of Criminal Appeals
00 - 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

STATE OF TENNESSEE, EX. REL., CINDY BURRIS v. BILLY MURRAY

Court: TCA

Attorneys:

Billy D. Murray, Harriman, Tennessee, pro se Appellant.

Paul G. Summers, Attorney General and Reporter, and Warren Jasper, Assistant Attorney General for the Appellee, the State of Tennessee, ex. rel., Cindy J. Burris.

Judge: SWINEY

The State of Tennessee, ex. rel., Cindy J. Burris ("the State") filed a petition for modification of child support against Billy D. Murray ("Father") in November of 2005. The case was heard by a Referee and the Referee's Findings and Recommendations were entered in February of 2006, ordering Father to pay $173 per month in current support and $7 per month toward child support arrearages of $10,659.14. Father appealed the Findings and Recommendations to the Juvenile Court and the Juvenile Court entered an order confirming the Findings and Recommendations. Father appeals to this Court. The record on appeal contains no transcript or statement of the evidence. We vacate that portion of the award that represents State benefits received by Cindy J. Burris ("Mother") after the entry of the 1992 judgment and affirm as to all remaining issues.

http://www.tba2.org/tba_files/TCA/2006/burrisc_092106.pdf


HARPER-WITTBRODT AUTOMOTIVE GROUP, LLC, v. SAM TEAGUE, ET AL.

Court: TCA

Attorneys:

Charles Patrick Flynn, Michael K. Radford, Brentwood, Tennessee, for Appellants, Sam Teague and Sam Teague Chrysler, Inc.

Benjamin C. Regen, Dickson, Tennessee, for Appellee, Harper-Wittbrodt Automotive Group, LLC.

Judge: HARRIS

This is an appeal from the granting of specific performance pursuant to an option to purchase contained in a lease agreement between Sam Teague and Sam Teague Chrysler, Inc., and the predecessor in interest of Harper-Wittbrodt Automotive Group, LLC. Each of the parties have made numerous assignments of error with respect to the ruling of the trial court and the relief granted by it. After consideration of each of the issues raised by the parties, we affirm, in all respects, the judgment of the trial court.

http://www.tba2.org/tba_files/TCA/2006/harperw_092106.pdf


EDWARD R. FORESTER v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

J. Reed Dixon, Sweetwater, Tennessee, for the appellant, Edward Forester.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Jerry N. Estes, District Attorney General; and Jon Chalmers Thompson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WEDEMEYER

The Petitioner, Edward R. Forester, was convicted of aggravated burglary and received a sentence of eleven years in the Department of Correction. This Court affirmed the conviction and sentence, and the Petitioner filed a petition for post-conviction relief, which the post-Conviction court dismissed after a hearing. The Petitioner now appeals, contending that he received the ineffective assistance of counsel at trial. Specifically, the Petitioner claims that his trial counsel was ineffective by: (1) failing to call two witnesses; and (2) failing to request a jury instruction on the lesser-included offense of criminal trespass. Finding no reversible error, we affirm the judgment of the post-conviction court.

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


CIONDRE T. MOORE, ALIAS, CIONDRE T. PORTER v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Ciondre T. Moore, alias, Ciondre T. Porter, alias, pro se, Henning, Tennessee

Paul G. Summers, Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Randall E. Nichols, District Attorney General; Paula R. Gentry, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

The Defendant, Ciondre T. Moore, alias, Ciondre T. Porter, was convicted in three separate cases of multiple offenses and sentenced to twelve years of intensive probation. Subsequently, two violation of probation warrants were issued, and the Defendant pled guilty to violating his probation. He then filed a pro se motion alleging that the trial court had made a clerical error by not giving him sentencing credit for the time that he had served on probation. The trial court denied the motion after a hearing. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/portermoore_092106.pdf


TODAY'S NEWS

Legal News
Supreme Court Watch
Legislative News
Election 2006
BPR Actions
Passages

Legal News
Geier suit closed; TSU looks to future
Tennessee State University will receive about $40 million in new state and federal matching funds over the next five years as part of the Geier desegregation case, which was settled today.
Read more in the Tennessean
Merger puts Memphis lawyer at helm of giant immigration firm
The merger of Memphis-based Siskind Susser Immigration Lawyers with the Eric Bland Law Firm in New York has created one of the largest immigration law firms in North America. Founding partner Greg Siskind tells the Memphis Daily News how the merger came about and more.
Read the full story
Equal justice conference set for next week
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, which offers education and networking opportunities for those who share a common vision for equal access to justice. For more information, including a schedule of events, information on CLE credit and a registration form, call 615-627-0956
or visit the TALS Website
Law school hosts homecoming barbecue
The University of Tennessee College of Law will again host a barbecue luncheon as part of homecoming activiites this Saturday. Activities begin at 1 p.m. on the courtyard of the law school prior to the 4 p.m. football game against Marshall. The menu includes barbecue, ribs and all the fixin's. Cost is $15 per person. For more information and reservations contact the Office of Development and Alumni Affairs at 865-974-6691 or by emailing
angelamills@tennessee.edu
Student for a day
Friends and family members of 1L students at Vanderbilt Law School will be able to experience a day in the life of a Vanderbilt Law School student during Friends and Family Day this Friday.
Find out more
Supreme Court Watch
Newspaper urges resolution of selection stalemate
In an editorial today, the Knoxville News Sentinel urges a speedy resolution to the conflicts tying up the naming of a new Supreme Court justice in Tennessee.
Read the full editorial
Tennessean critical of selection process
In an editorial today, the Tennessean criticizes politics involved in the selection of a new Supreme Court justice.
Read the full editorial
Legislative News
Former senator enters not guilty plea
An attorney for former state senator Kathryn Bowers entered a plea of not guilty for her Thursday at her arraignment on charges of driving under the influence.
Read more in the Commercial Appeal
CASA to honor Sen. Herron
Court Appointed Special Advocates of Tennessee (CASA) will honor state Sen. Roy Herron as its legislator of the year during a special meeting Friday in Nashville. The association represents CASA programs in counties around the state, whose mission it is to provide court advocates for children in cases involving abuse or neglect.

Election 2006
Some election-time mailings funded by colleagues
Leaders of both Senate caucuses transferred thousands of taxpayer dollars in the form of legislative postage and printing accounts to their party colleagues who are running in some cases hotly contested races, the City Paper reports.
Read the full story
Wanted: Copies of judicial campaign ads
The TBA's Judicial Campaign Ethics Committee is collecting judicial ads from the 2006 election. Send paper copies, electronic files or tapes of campaign ads to the committee or to Lucian Pera, Brinkley Plaza, 80 Monroe Ave., Suite 700, Memphis, TN 38103.

BPR Actions
Court transfers status of Memphis attorney
The Tennessee Supreme Court issued an order on Sept. 15 transferring the law license of Thomas Davidson Williams of Memphis to disability inactive status. His license will remain in this status until further order of the Supreme Court.
Read the BPR release
Passages
Services Friday for Nashville attorney
A memorial service will be held Friday (Sept. 22) for Nashville attorney Thomas C. Nance, who passed away Wednesday. Services will be at 2:30 p.m. at Harpeth Hills Funeral Home, following visitation, which will begin at noon. The funeral home is located at 9090 Highway 100. The family has asked that memorial donations be made to Friends of Radnor Lake.


 
 
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