Court narrows attorney general candidates to 3

The Tennessee Supreme Court will invite three candidates for attorney general back for a second interview. The three finalists are Margaret L. Behm, a Nashville attorney; Robert E. Cooper Jr., Gov. Phil Bredesen's legal counsel; and Joseph E. (Jef) Feibelman, a Memphis attorney. Find out more about the three candidates at

http://www.tba2.org/tbatoday/news/2006/agfinalists_102306.html

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Howard H. Vogel
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Editor-in-Chief, TBALink

SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TSC

http://www.tba2.org/tba_files/TSC/2006/certlist_102306.pdf


JEAN FRAZER v. HORTON AUTOMATICS, A DIVISION OF OVERHEAD DOOR CORPORATION, ET AL.

Court: TCA

Attorneys:

Richard L. Duncan and Cary L. Bauer, Knoxville, Tennessee for the Appellant, Jean Frazer

W. Mitchell Cramer and Carrie S. O’Rear, Knoxville, Tennessee for the Appellee, Chattanooga Bone & Joint Surgeons, P.C.

Judge: SWINEY

Jean Frazer (“Plaintiff”) sued Horton Automatics, a Division of Overhead Door Corporation; Carolina Door Controls, Inc.; and Chattanooga Bone & Joint Surgeons, P.C. (“Chattanooga Bone & Joint”) regarding injuries Plaintiff received while attempting to enter Chattanooga Bone & Joint’s facility through an automatic sliding door. Chattanooga Bone & Joint filed a motion for summary judgment, which the Trial Court granted finding and holding that Chattanooga Bone & Joint “had no duty relative to the automatic doors.” The case is before us on interlocutory appeal. We vacate the grant of summary judgment to Chattanooga Bone & Joint and remand.

http://www.tba2.org/tba_files/TCA/2006/frazerj_102306.pdf


IAIN HISCOCK v. SUE E. HISCOCK

Court: TCA

Attorneys:

H. Wayne Grant, Steven W. Grant, Chattanooga, Tennessee, for the appellant, Iain R. Hiscock

Clinton H. Swafford, Winchester, Tennessee, for the appellee, Sue E. Hiscock

Judge: CAIN

Husband appeals the type and amount of alimony awarded to Wife after the termination of a twenty- seven year marriage. The decision of the trial court is affirmed as modified.

http://www.tba2.org/tba_files/TCA/2006/hiscocki_102306.pdf


JAMES PETERSON, ET AL. v. PUTNAM COUNTY, TENNESSEE

Court: TCA

Attorneys:

Henry D. Fincher, Cookeville, Tennessee, for the appellants, James Peterson and Winnie Peterson

Jeffrey G. Jones, Cookeville, Tennessee, for the appellee, Putnam County, Tennessee

Judge: SUSANO

Property owners, James Peterson and his wife, Winnie Peterson, brought this action against Putnam County, alleging claims for inverse condemnation, temporary nuisance, and violations of the Tennessee Governmental Tort Liability Act (“the GTLA”). The trial court granted the county summary judgment, finding, inter alia, (1) that the plaintiffs’ proper remedy was a claim for inverse condemnation, rather than a claim for nuisance; (2) that the plaintiffs’ inverse condemnation claim was barred by the statute of limitations; and (3) that the GTLA claim fails because the plaintiffs do not fall within the protected class of persons. The plaintiffs appeal. We affirm.

http://www.tba2.org/tba_files/TCA/2006/petersonj_102306.pdf


STATE OF TENNESSEE v. THURMAN RANDOLPH

Court: TCCA

Attorneys:

Jeff Mueller, Jackson, Tennessee, for the appellant, Thurman Randolph

Paul G. Summers, Attorney General and Reporter; Sophia S. Lee, 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 appellant, Thurman Randolph, was arrested in February of 2005 for rape. After a preliminary hearing in the Madison County Municipal Court the charge was dismissed. Subsequently, the State presented the matter to the Madison County Grand Jury, which returned an indictment on two counts of rape. The appellant was later re-indicted by the Madison County Grand Jury on two counts of rape and two counts of statutory rape. Upon learning that part of the audiotape of the preliminary hearing was not available due to a technical glitch in the recording, the appellant filed a motion seeking dismissal of the indictment and a remand of the matter to the Jackson Municipal Court for a new preliminary hearing pursuant to Tennessee Rule of Criminal Procedure 5.1(a). The trial court denied the motion and the appellant sought an interlocutory appeal. In this interlocutory appeal, the appellant asserts that the trial court improperly denied the motion to dismiss the indictment and remand the matter to the Jackson Municipal Court. Because the trial court properly denied the motion to dismiss the indictment, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/randolpht_102306.pdf


TODAY'S NEWS

Legal News
BPR Actions
TBA Member Services

Legal News
Scalia blasts press, raises questions of judicial independence
Supreme Court Justice Antonin Scalia said the idea of judicial independence is sometimes applied too broadly and that "the press is never going to report judicial opinions accurately," during a speech Saturday sponsored by the National Italian American Foundation.
Read more from the Associated Press and Editor & Publisher
Court's purpose may not translate
Nearly three dozen states have formed a group hoping to set national certification standards for court interpreters, but various problems remain, including a lack of funding. The impetus came from cases like Rafael Camargo's capital murder trial. In 1995, a jury sentenced the Mexican national to death. His appeals never mentioned the language barrier, but the Arkansas Supreme Court noted on its own that defendants who don't speak English deserve to hear legal proceedings in their own language.
Read the AP story in the Commercial Appeal
Lab backlog frustrating Chattanooga investigators
Slow turnaround from an overloaded crime lab at the Tennessee Bureau of Investigation is frustrating Hamilton County police and fire investigators, who are hopeful that funding obtained in the last legislative session for new facilities and personnel will shorten the wait time.
Read about it in the Chattanooga Times Free Press
Rule of law remains vital, columnist says
Nashville lawyer Barbara Moss uses a column in the Tennessean to explain the "rule of law," and how she believes it applies to the Nashville Airport Authority's decision to suspend a program that set percentage goals for awarding contracts to small, woman- or minority-owned businesses.
Read her column
Big money erodes judges' credibility
USA Today writes in a recent editorial that judges should be chosen by appointment based on merit or through publicly financed elections, because "special interest money erodes the legal system's credibility."
Read the opinion
BPR Actions
Maury County lawyer suspended
On Oct. 17, Maury County lawyer Matthew Q. Bastian was suspended from the practice of law for six months by a Tennessee Supreme Court order. He will be placed on probation for five months, 29 days after the suspension and will be required to obtain errors and omissions insurance coverage with limits of $100,000 or greater. The discipline followed a Board of Professional Responsibility hearing that found he had violated RPC 1.1, 1.2, 1.3, 1.4, 1.15, 1.16 and 3.2.
Read the BPR release
TBA Member Services
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Contact Membership Director Sarah Stair for more information on our money saving member benefits. Call 800.899.6993 or email sstair@tnbar.org


 
 
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