TBA SearchLink now more powerful than ever

Our new Google search engine allows TBA members to search our database of Tennessee appellate court decisions from 1995, attorney general opinions from 2001, Tennessee Bar Journal articles from 1996 and more. In addition, you can open a text version of all opinions, whether they were created in Word Perfect or PDF format.

http://www.tba.org/tba_searchlink.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.

01 - 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
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

DONALD FITZGERALD v. BTR SEALING SYSTEMS NORTH AMERICA-TENNESSEE OPERATIONS

Court: TSC

Attorneys:

Nathan E. Evans, Chattanooga, Tennessee, for the appellant, BTR Sealing Systems North America-Tennessee Operations.

Garry Ferraris, Knoxville, Tennessee, for the appellee, Donald Fitzgerald.

Judge: BARKER

This workers' compensation action arose out of an employee's motion to compel medical treatment. The employee had settled a workers' compensation claim with his employer involving a work-related injury sustained in 1997. This settlement provided that the employer was responsible for future medical treatment. The employer refused to pay for recommended shoulder joint replacement surgery, arguing that the need for the surgery was not causally related to the initial injury. The trial court found that the need for the surgery was related to the initial injury and ordered the employer to provide for that treatment. The employer appealed, arguing that the trial court improperly shifted the burden of proof to the employer and that the evidence did not support the finding that the need for surgery was causally related to the initial injury. We accepted review before the case was heard or considered by the Special Workers' Compensation Appeals Panel. We hold that the trial court did not shift the burden of proof to the employer and that the evidence does not preponderate against the trial court's finding of causation. Accordingly, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TSC/2006/fitzgeraldd_101206.pdf


WILLIAM A. COHN v. MICHAEL T. BAKER, ET AL.
The change is in the first line of the quote on page 7.

Court: TCA

Attorneys:

Jerry R. Givens of Cordova, Tennessee for Appellant, William A. Cohn

Taylor A. Cates of Memphis, Tennessee for Appellees, Michael T. Baker, Harvey Carter, Germantown Country Club, and Farmington Country Club

Judge: CRAWFORD

This case arises from the termination of Appellant's membership in a private country club. Appellant asserts a proprietary interest in the assets of the club, and seeks to have his membership reinstated. The trial court granted summary judgment in favor of the club/Appellee and Appellant appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2006/cohnw_corr_101206.pdf


WENDY HILL v. DON TRIPLETT

Court: TCA

Attorneys:

Don Triplett, Pro se.

Wendy Hill, Pro se.

Judge: FARMER

This is an appeal from an order of the juvenile court increasing child support. We reverse and remand for further proceedings.

http://www.tba2.org/tba_files/TCA/2006/hillw_101206.pdf


IN THE MATTER OF: B.G.J., A Child Under Eighteen (18) Years of Age, STATE OF TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES, Petitioner, and GLENN and PATRICIA MULLINS, Intervening Petitioners/Appellees, v. S.R.J. Respondent/Appellant

Court: TCA

Attorneys:

Kevin W. Shepherd, Maryville, Tennessee, for appellant, Scott Richard Jackson.

John W. Cleveland, Sweetwater, Tennessee, for appellees.

Judge: FRANKS

In this case to terminate parental rights, the Trial Court entered a Default Judgment against the father and terminated his rights as a parent without hearing any evidence. On appeal, we vacate and remand.

http://www.tba2.org/tba_files/TCA/2006/srj_101206.pdf


ERNEST LEE HILL v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Juni Samrat Ganguli, Memphis, Tennessee, for the appellant.

Paul G. Summers, Attorney General & Reporter; Renee W. Turner, Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: WILLIAMS

The Petitioner, Ernest Lee Hill, appeals the trial court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Petitioner has failed to allege any ground that would render the judgments of conviction void. Accordingly, we grant the State's motion and affirm the judgment of the lower court.

http://www.tba2.org/tba_files/TCCA/2006/hille_101206.pdf


STATE OF TENNESSEE v. KALVIN RUSH

Court: TCCA

Attorneys:

Robert Felkner (at trial); and Garland Erguden (on appeal), Assistant Public Defenders, Memphis, Tennessee, for the Appellant, Kalvin Rush.

Paul G. Summers, Attorney General and Reporter; Brian Clay Johnson, Assistant Attorney General; William L. Gibbons, District Attorney General; and Steve Crossnoe, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

The Appellant, Kalvin Rush, was convicted by a Shelby County jury of aggravated robbery and sentenced to eight years in the Department of Correction. On appeal, Rush raises the single issue of sufficiency of the evidence. After review of the record, we find the evidence sufficient to support the verdict and affirm the judgment of conviction.

http://www.tba2.org/tba_files/TCCA/2006/rushk_101206.pdf


ARTHUR YANCY, JR. v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Arthur Yancy, pro se.

Paul G. Summers, Attorney General & Reporter; Brian Clay Johnson, Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: GLENN

The Petitioner, Arthur Yancy, Jr., appeals the trial court's denial of his petition for post-conviction relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Because the petition for post-conviction relief is time-barred by the statute of limitations, we grant the State's motion and affirm the judgment of the lower court.

http://www.tba2.org/tba_files/TCCA/2006/yancya_101206.pdf


TODAY'S NEWS

Legal News
TBA Member Services

Legal News
Brand reprimanded for part in betting pool
Hawkins County General Sessions Judge David L. Brand received a public reprimand from the Court of the Judiciary today for organizing and participating in a betting pool based on the outcomes of the primary elections last May. Brand self-reported the impropriety when he realized it was inappropriate, the reprimand says, but the court still deemed that his actions "were in violation of certain statutes and Canon 2A of the Code of Judicial Conduct."
Read the public reprimand
Levines lash out at March over new custody suits
From behind bars where he is serving time for killing his wife and attempting to kill his in-laws Lawrence and Carolyn Levine, Perry March has now filed a series of law suits to try and have his children removed from the Levine's home. He wants them to be sent to Mexico to live with his second wife. The Nashville Scene reports on the Levine's answer to the suits.
Read the details
TLAW announces new executive director
Tessa Lemos Del Pino is the new executive director of the Tennessee Lawyers Association for Women, the group announced today. She earned her law degree at the University of Washington in Seattle and joins TLAW after several years in administration and research at Columbia University. She replaces Pamela Roller, who left TLAW to to work with a start-up company founded by former colleagues.
Visit TLAW's web site
Immigration seminar set
A coalition of community organizations in Nashville will present an educational forum and discussion, "Immigration: Making Sense of the Debate," which will be at the Scarritt-Bennett Center on Oct. 17, from 7 - 9 p.m. "This event is designed to break through the emotionally driven rhetoric coming from the far sides on this issue, to center on a thoughtful and constructive conversation on immigration and the positive steps that we can take to address the problems associated with it," event sponsors say.
More information
Nichol receives award for outstanding service
Caren Beth Nichol received the Sam A. Myar Jr. Memorial Award at the joint annual meeting of the Memphis Bar Association and the Memphis Bar Foundation. The award is given each year to an attorney 40 years old or younger who has rendered outstanding personal service to the Memphis and Shelby County legal profession and community. Nichol is a graduate of the TBA's Leadership Law program.
Read more about Nichol in the Daily News
Kurita calls for election of attorney general
Sen. Rosalind Kurita (D-Clarksville) said Wednesday that "Tennessee citizens deserve to be more involved in the process of choosing our state's Attorney General," and said that voters should elect the attorney general.
The Chattanoogan.com has the story
O'Conner makes guest appearance
Lawyers appearing in a federal appeals court panel in New York City were surprised to find former Supreme Court Justice Sandra Day O'Connor sitting behind the bench earlier this week, WREG in Memphis reports. O'Connor, who retired in January, wouldn't talk to reporters. But typically, 40 percent of the judges on the appeals panel are visitors.

CASA seeks new volunteers
Court Appointed Special Advocates (CASA) in Coffee County is seeking volunteers and training begins next week, the Manchester Times reports.
Find out how to sign up here
Bond amounts questioned in sex offender case
Bond is not to be a 'cookie cutter' thing with one offense having bond at the same amount every time," Judge Charles Rich said. This was his response to questions raised by a mother of an 11-year-old girl who was allegedly asked by a 36-year-old man if she "wanted to learn how to make a young 'un." The Shelbyville man accused has been charged with violating the sex offender registry law. The girl's mother questioned the amount of bond set.
The Shelbyville Times-Gazette has more
TBA Member Services
Have you activated your FedEx shipping discounts?
TBA members are entitled to discounts on FedEx shipping. Did you know that TBA members are saving an average of $83 per quarter by utilizing their FedEx Association Advantage program discounts? Here's what some members have to say about their FedEx savings:

"Our firm took advantage of the Tennessee Bar Association FedEx discounts and saved over $200 on FedEx Express shipments last quarter alone. It's the best $200 we've ever saved," says member Bill Cameron of Cameron & Young in Cookeville. Start saving on your shipments today! Call 1-800-923-7089 for more information on how to enroll or
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