Tennessee court overturns ruling on jury trials for juveniles

In a groundbreaking ruling that appears to be a reversal of some three decades of legal precedent in Tennessee, the state Supreme Court has ruled that juveniles are not entitled to a jury trial, the Knoxville News Sentinel reports. Click on the link below to read the full opinion.

http://www.tba2.org/tba_files/TSC/2006/burns_correx_092806.pdf

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

STATE OF TENNESSEE v. CLINTON BURNS, IIICORRECTION TO OPINION ORIGINALLY FILED ON SEPT. 25, 2006

Court: TSC

Attorneys:

Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; John H. Bledsoe, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Steven Sword, Assistant District Attorney General, for the Appellant, State of Tennessee.

Mark E. Stephens, District Public Defender, and Robert C. Edwards, Assistant Public Defender, for the Appellee, Clinton Burns, III. Jerry P. Black, Jr., and Wade V. Davies, Knoxville, Tennessee, for the Amicus Curiae, Tennessee Association of Criminal Defense Lawyers.

Judge: CLARK

We accepted this appeal to determine whether a juvenile charged with being delinquent by virtue of having committed an offense which would be a felony if committed by an adult is entitled to a jury trial on appeal de novo to circuit court. We answer that question in the negative. Accordingly, we reverse the judgment of the Court of Appeals.

http://www.tba2.org/tba_files/TSC/2006/burns_correx_092806.pdf


KATHRYN CHAMBERLAIN v. THE KROGER COMPANY

Court: TCA

Attorneys:

Michael H. Johnson, Nashville, Tennessee, for the Appellant, Kroger Limited Partnership I.

G. Thomas Nebel, Suzette Peyton, Nashville, Tennessee, for the Appellee, Kathryn Chamberlain.

Judge: HARRIS

The Appellant, Kroger Limited Partnership I, appeals from a judgment of the trial court awarding the Appellee, Kathryn Chamberlain, $473,500.00 for injuries she alleged to have sustained in a fall at the Belle Meade Kroger on August 24, 1999. The issues raised on this appeal are (1) whether the trial court erred by directing a verdict that the tinnitus suffered by Ms. Chamberlain was caused by her fall; (2) whether the trial court erred by excluding evidence of a failed marriage of Ms. Chamberlain and of a physician's note indicating her tinnitus resulted from a motor vehicle accident; and (3) whether the trial court erred in admitting evidence of amounts charged for prescription medications purchased by Ms. Chamberlain. We agree with the Appellant that it was error for the trial court to have granted a directed verdict with regard to the issue of causation of Ms. Chamberlain's tinnitus and reverse the judgment of the trial court.

http://www.tba2.org/tba_files/TCA/2006/chamberlain_092806.pdf


KEVIN FONGNALY v. VIENQRHONE VICKIE FONGNALY

Court: TCA

Attorneys:

Daryl M. South, Murfreesboro, Tennessee, for Appellant.

R. Price Nimmo, Nashville, Tennessee, for Appellee.

Judge: FRANKS

In this divorce action, the sole issue on appeal concerns the propriety of the Trial Court's awarding primary custody of the parties' minor children to the father. This divorce action was instituted by the father on September 7, 2004, and the parties entered into an Agreed Order on October 18, 2004, whereby the parties agreed that, pending trial, they would share the marital residence and share parenting responsibilities, but would sleep in separate bedrooms. In the Order, the wife acknowledged having an extramarital relationship, and agreed to refrain from having the children around that person. They attended mediation and settled some issues, and the issues left for trial were: who would obtain the divorce; the custody and co-parenting of the children; child support; division of certain property; alimony; attorneys fees; and payment of court costs.

http://www.tba2.org/tba_files/TCA/2006/fongnalyk_092806.pdf

SUSANO DISSENTING
http://www.tba2.org/tba_files/TCA/2006/fongnalyk_dis_092806.pdf

APPENDIX
http://www.tba2.org/tba_files/TCA/2006/fongnalyk_append_092806.pdf


JACK T. McKINNEY, ET AL. v. JEANETTA K. KIMERY, ET AL.

Court: TCA

Attorneys:

Arthur M. Fowler and Arthur M. Fowler, III, Johnson City, Tennessee, for the Appellants, Jack T. McKinney, Brenda McKinney, and Unicoi County Insurance Agency and Diversified Services, Inc.

M. Stanley Givens, Johnson City, Tennessee, for the Appellee, Jeanetta K. Kimery. David E. Fielder, Michael P. Sayne, and Preston A. Hawkins, Knoxville, Tennessee, for the Appellee, First Tennessee Bank National Association. Douglas K. Shults, Erwin, Tennessee, for the Appellee, Erwin National Bank.

Judge: LEE

Jack T. McKinney and his wife Brenda McKinney, obtained a judgment against Charles T. Kimery. After the judgment was recorded in the Register of Deeds' office, Mr. Kimery and his wife conveyed property they owned as tenants by the entirety to Mr. Kimery's mother. The McKinneys filed this action to execute upon the property and have it sold to satisfy the judgment lien. The issue presented is whether the McKinneys may levy against the entire interest in the property and have the property sold to satisfy their judgment lien, or whether the McKinneys’ lien attached only to Mr. Kimery's separate, alienable interest in the property at the time of recording of the judgment lien, which consisted of Mr. Kimery's right of survivorship. The trial court held that the McKinneys' judgment lien attached to Mr. Kimery's survivorship interest in the property at the time the judgment was recorded, and that the subsequent transfer of the property by both tenants by the entirety (the Kimerys) did not augment the interest to which the judgment lien attached, so that the McKinneys continued to hold a lien against the survivorship interest only after the transfer. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCA/2006/mckinney_092806.pdf


MARY TAYLOR-SHELBY v. SHELBY COUNTY ELECTION COMMISSION, ET AL.

Court: TCA

Attorneys:

Mary Taylor-Shelby, Pro Se.

Paul G. Summers, Attorney General and Reporter, Janet M. Kleinfelter, Senior Counsel and J. Ross Dyer, Assistant Attorney General, for the appellees, Shelby County Election Commission and The Registry of Election Finance.

Judge: FARMER

On March 27, 2006, Mary Taylor-Shelby (Ms. Taylor-Shelby), acting pro se, filed a complaint in the Chancery Court for Shelby County against the Shelby County Election Commission and the Registry of Election Finance (collectively, "Defendants"). In her complaint, Ms. Taylor-Shelby alleged official misconduct, entrapment, and misrepresentation.

http://www.tba2.org/tba_files/TCA/2006/taylors_092606.pdf


ALEXANDER C. WELLS v. TENNESSEE BOARD OF REGENTS, ET AL.

Court: TCA

Attorneys:

Paul G. Summers, Attorney General and Reporter; and Brandy M. Gagliano, Assistant Attorney General, for the appellants, Tennessee Board of Regents, Tennessee State University, and James Hefner.

Phillip L. Davidson, Nashville, Tennessee, for the appellee, Alexander C. Wells.

Judge: CLEMENT

Following termination of his employment, a professor at Tennessee State University prevailed in this protracted tenure termination proceeding. On remand to Chancery Court following a successful appeal, the professor filed a Tenn. R. Civ. P. 60.02 motion for relief from the pre-appeal judgment to assert a claim for back pay. The Chancellor granted relief and awarded back pay, which the defendants challenge on two grounds. They contend the court abused its discretion by awarding Rule 60 relief, and because back pay is not specifically authorized by statute, an award of back pay violates the sovereign immunity doctrine. Finding no error, we affirm.

http://www.tba2.org/tba_files/TCA/2006/wellsa_092806.pdf

Cottrell Dissenting
http://www.tba2.org/tba_files/TCA/2006/wellsa_dis_092806.pdf


PARKER RYAN WILKES, A MINOR, ET AL. v. DAVID PARKER WILKES

Court: TCA

Attorneys:

Charles P. Yezbak, III, Nashville, Tennessee, for the appellant, Parker Ryan Wilkes, a minor, by next friend and natural guardian Melody Lynn Wilkes.

William R. Goodman, III, Springfield, Tennessee, for the appellee, David Parker Wilkes.

Judge: COTTRELL

In this negligence case, the plaintiff appeals from a jury verdict in favor of the defendant. The plaintiff argues that the trial court should have granted a judgment notwithstanding the verdict or a new trial because the defendant's testimony established the necessary elements of a negligence cause of action. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCA/2006/wilkesp_092806.pdf


STATE OF TENNESSEE v. JIMMY LEE BONDS

Court: TCCA

Attorneys:

James P. McNamara (on appeal), and Katie Weiss, Ginny Flack, and Kyle Mothershead (at trial), Nashville, Tennessee, for the appellant, Jimmy Lee Bonds.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Amy H. Eisenbeck and Tammy H. Meade, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: MCGEE OGLE

The appellant, Jimmy Lee Bonds, was convicted by a jury in the Davidson County Criminal Court of first degree premeditated murder, felony murder, especially aggravated robbery, and two counts of aggravated burglary. The trial court merged the two murder convictions and imposed a total effective sentence of life plus twenty-eight years. On appeal, the appellant raises issues regarding the sufficiency of the evidence surrounding his murder convictions, the trial court’s failure to timely rule on his motion for a judgment of acquittal, and the sentence imposed. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/bondsj_092806.pdf


STATE OF TENNESSEE v. FRANK RAMSEY

Court: TCCA

Attorneys:

Joseph F. Harrison, Assistant Public Defender, Blountville, Tennessee, for the Appellant, Frank Ramsey.

Paul G. Summers, Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Rebecca H. Davenport, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

The Appellant, Frank Ramsey, appeals the sentencing decision of the Sullivan County Criminal Court following his guilty plea to the crime of initiating a false report in violation of Tennessee Code Annotated section 39-16-502(a)(1)(c). Pursuant to the plea agreement, he was sentenced as a Range II multiple offender to a sentence of four years with the manner of service of the sentence to be determined by the trial court. On appeal, the Appellant argues that the trial court erred by denying his request for alternative sentencing. After review of the record, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/ramseyf_092806.pdf


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Read Holton's hand-written letter.
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Read the details of the agreement.
PayPal agrees to pay for misleading consumers
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Read the attorney general's press release.
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Court declines to hear case on Hank Williams recordings
The Tennessee Supreme Court this week declined to hear a copyright ownership case involving a set of Hank Williams recordings found by a WSM employee in one of the company’s trash bins in the 1960s. That decision lets stand an appellate court ruling that grants ownership of the recordings to the heirs of Hank Williams, Hank Williams Jr. and Jett Williams.
Read about it in the Tennessean
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Read about it in the Tennessean
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Read the BPR's press release.
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