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Health law forum features top speakers on latest trends
Join health care attorneys from across Tennessee for the 18th Annual TBA Health Law Forum on Oct. 5-6 in Cool Springs (suburban Nashville). This two-day seminar will present the latest in health care law from some of the most recognized practitioners in state and in the country. Register today
https://www.tba.org/onsiteinfo/healthforum_2006.html
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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
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
03 - TN Court of Appeals
03 - TN Court of Criminal Appeals
03 - 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
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MARCIA KEETON v. THELMA RUTH DANIEL, ET AL.
Court: TCA
Attorneys:
J. Daniel Freemon, Lawrenceburg, Tennessee, for the appellants, Thelma Ruth Daniel, Jeffery
Daniel, Lisa Brown and Joan Inman.
Paul B. Plant, J. Christopher Williams, Lawrenceburg, Tennessee, for the appellee, Marcia Keeton.
Judge: COTTRELL
This case involves a dispute over the ownership of a Wayne County home between the mother of
a man who died intestate at age forty-seven and the woman who was her son's long-time companion.
The home was purchased by the son and his companion together, but it was titled solely in the name
of the son. The couple never married, but they held themselves out as husband and wife for many
years, including the eight years they lived together in the house. The mother claimed that she was
entitled to inherit the house as her son's heir-at-law. The companion argued that she was the rightful
owner of the house under a theory of common-law marriage. The trial court rejected that theory, but
imposed a resulting trust on the house in the companion's favor because of her substantial
contribution to its acquisition and maintenance. The mother argues on appeal that the court should
have awarded her the disputed house or, in the alternative, that it should have awarded her one-half
of the property, because the companion's contribution amounted to less than half of its actual cost.
We affirm the trial court's declaration of a resulting trust, but hold that it should be limited to one-
half the property or its equivalent value.
http://www.tba2.org/tba_files/TCA/2006/keetonm_100306.pdf
CHRISTINE ELTRIEDE RICKETTS v. DAVID HAROLD RICKETTS
Court: TCA
Attorneys:
Christine Zellar Church, Clarksville, Tennessee, for the appellant, Christine Eltriede Ricketts.
Larry B. Watson, Clarksville, Tennessee, for the appellee, David Harold Ricketts.
Judge: KIRBY
This case involves an alimony award. The parties were married in 1986 when they were both
forty-four (44) years old. No children were born of the marriage, but the parties adopted the
wife's grandson. In 1996, the parties agreed to a legal separation. The wife was given sole
custody of the grandson, and the husband paid support. Seven years later, the husband filed a
petition for an absolute divorce. After a trial, the wife was awarded a legal separation and $250
per month in transitional alimony for two years. The wife now appeals, claiming that the trial
court erred in denying her request for alimony in futuro. In light of the deference accorded to the
trial court on issues of spousal support, we affirm.
http://www.tba2.org/tba_files/TCA/2006/rickettsc_100306.pdf
THE ESTATE OF DISA TRUE, PAUL JUSTICE, ADMINISTRATOR v. WILLIAM BRYANT PADGETT, ET AL.
Court: TCA
Attorneys:
Mary Katherine Longworth, Loudon, Tennessee for the Appellant, The Estate of Disa True, Paul
Justice, Administrator.
A. Wayne Henry, Loudon, Tennessee, for the Appellees, William Bryant Padgett and Wende Padgett.
The Estate of Disa True, Paul Justice, Administrator (the Estate) sued William Bryant Padgett
and Wende Padgett seeking, in part, the return to the Estate of monies the Padgetts obtained from
Disa True's SunTrust checking account (the Account). After a trial, the Trial Court entered an
order dismissing the case based, primarily, upon its finding that the Account was owned by Ms.
True, Mr. Padgett, and Ms. Padgett as joint owners with right of survivorship. The Estate
appeals claiming that the Trial Court erred in holding that the Account was a joint account with
right of survivorship and also that the Trial Court erred in excluding testimony under Tenn. Code
Ann. Section 24-1-203, the Dead man’s statute. We affirm.
http://www.tba2.org/tba_files/TCA/2006/trued_100306.pdf
JAMES M. GRANT V. STATE OF TENNESSEE and HOWARD
Court: TCCA
Attorneys:
James M. Grant, Pro Se, Mountain City, Tennessee.
Paul G. Summers, Attorney General & Reporter; Renee W. Turner, Assistant Attorney General,
for the appellee, State of Tennessee.
Judge: SMITH
This matter is before the Court upon the State's motion to affirm the judgment of the habeas
corpus court by memorandum opinion pursuant to Rule 20 of the Rules of the Court of Criminal
Appeals. The petitioner has appealed the habeas corpus court's order summarily dismissing the
petition for writ of habeas corpus. Upon a review of the record in this case, we are persuaded
that the habeas corpus court was correct in summarily dismissing the habeas corpus petition and
that this case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of
Criminal Appeals. Accordingly, the State's motion is granted and the judgment of the habeas
corpus court is affirmed.
http://www.tba2.org/tba_files/TCCA/2006/grantj_100306.pdf
STATE OF TENNESSEE v. RICK HANEBUTT
Court: TCCA
Attorneys:
Guy T. Wilkinson, District Public Defender, Camden, Tennessee, for the appellant, Rick Hanebutt.
Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General;
Robert Radford, District Attorney General; and John W. Overton and Steve Jackson, Assistant
District Attorneys General, for the appellee, State of Tennessee.
Judge: MCLIN
The defendant, Rick Hanebutt, was convicted of first degree premeditated murder and attempted first
degree premeditated murder. He received a sentence of life imprisonment for his murder conviction
and a concurrent twenty year sentence for his attempted first degree murder conviction. On appeal,
the defendant raises three issues for our review: (1) whether the evidence was sufficient to support
his convictions; (2) whether the state failed to comply with discovery pursuant to Rule 16 of the
Tennessee Rules of Criminal Procedure; and (3) whether the trial court erred in denying the
defendant's motion to change venue. Following our review of the parties' briefs and the applicable
law, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2006/hanebuttr_100306.pdf
STATE OF TENNESSEE v. JAMES HOWARD THEUS, III
Court: TCCA
Attorneys:
Gregory D. Gookin, Assistant Public Defender, Jackson, Tennessee, for the appellant, James Howard
Theus, III.
Paul G. Summers, Attorney General and Reporter; Brian Clay Johnson, Assistant Attorney General;
Jerry Woodall, District Attorney General; and Shaun A. Brown, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: MCLIN
The defendant, James Howard Theus, III, entered a best interest plea to facilitation of rape of a child.
He was sentenced to eight years in the Tennessee Department of Correction, suspended after service
of eleven months and twenty-nine days, with the remainder on intensive probation. Thereafter, the
trial court revoked the defendant's probation and placed his sentence into effect. On appeal, the
defendant challenges the trial court's revocation of his probation. Upon our review of the record and
the parties' briefs, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2006/theusj_100306.pdf
Constitutionality of Felon Restoration Statute
TN Attorney General Opinions
Date: 2006-09-29
Opinion Number: 06-148
http://www.tba2.org/tba_files/AG/2006/ag_06-148.pdf
Authority to Investigate Animal Abuse Cases
TN Attorney General Opinions
Date: 2006-10-02
Opinion Number: 06-149
http://www.tba2.org/tba_files/AG/2006/ag_06-149.pdf
City's Authority to Contract for Enforcement of Traffic Signals and Speed Limits
TN Attorney General Opinions
Date: 2006-10-02
Opinion Number: 06-150
http://www.tba2.org/tba_files/AG/2006/ag_06-150.pdf
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| TODAY'S NEWS |
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Legal News
Election 2006
Upcoming
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| Legal News |
| FEMA settles trailer access case |
| The District Court for the Eastern District of Louisiana today approved a settlement in Brou v. FEMA, a class action lawsuit aimed at ensuring that Hurricane Katrina and Rita evacuees with disabilities receive accessible FEMA trailers. Under the settlement, FEMA must create special toll-free numbers for disabled evacuees to request accessible trailers and meet specific deadlines for providing suitable housing. Additional Details on the case and the terms of the settlement are available from the |
National Center for Law and Economic Justice
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| Special DUI prosecutor renewed |
| Maury and Lawrence counties will continue to benefit from a special prosecutor for driving under the influence cases thanks to a grant of $159,381 from the National Highway Traffic Safety Administration. District Attorney General Mike Bottoms talks about the future of the program in the Columbia Daily Herald.
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Read the story
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| County commissioner chastises criminal judges |
| Hamilton County Commissioner Curtis Adams revealed Monday that there is a backlog of 11,380 cases in criminal court and said judges need to get their house in order. In calling for drastic measures, he mentioned the possibility of bringing in special judges to get caught up.
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Read his remarks on Chattanoogan.com
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| Judge says more prosecutors, public defenders needed |
| Judge Barry Steelman of the 11th Judicial District Criminal Court commented today that hiring additional prosecutors and public defenders, rather than judges, would be a more efficient use of resources in Hamilton County.
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Read his thoughts on Chattanooga.com
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| Library board may be violating open meeting law |
| Madison County Commissioner Fred Birmingham says that in at least one instance, a committee of the local library board met privately and potentially violated the Open Meetings Act. Library Board Chairwoman Kathryn Swindle takes issue with that interpretation.
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Read more in the Jackson Sun
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| Election 2006 |
| Corker attorneys ask to withdraw from case |
| Attorneys for Republican U.S. Senate nominee Bob Corker have asked to withdraw from an environmental lawsuit that already has the former Chattanooga mayor trying to delay giving a deposition until after the Nov. 7 election, the Knoxville News Sentinel reports. |
Read the full story
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| Upcoming |
| Legal fiction author to speak on Thursday |
| New York Times bestselling author Brad Meltzer will speak at the East Tennessee Hall of Fame inductee ceremony Oct. 5 at The Foundry on the Fair site. Meltzer, who is the author of The Tenth Justice, Dead Even, The First Counsel, The Millionaire Man and The Zero Game, graduated from Columbia Law School.
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Get details on the event from the Friends of Literacy
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| TBA plans reception at Nashville School of Law |
| Calling all NSL grads: The TBA Young Lawyers Division is hosting a networking reception and membership drive at the Nashville School of Law on Monday, Oct. 9, and Tuesday, Oct. 10, starting at 5:30 p.m. each night. Come share your experience and insights with law students in this informal environment. The law school is located at 4013 Armory Oaks Drive. For more information contact TBA staff member Stacey Shrader at 800-899-6993 or by email at sshrader@tnbar.org
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