548 new attorneys admitted to practice in state

There were 548 attorneys sworn-in across the state this week, 229 of them in ceremonies today at the Tennessee Performing Arts Center in Nashville. Tomorrow the court travels to Knoxville for the duties. Ceremonies were held in Memphis and Jackson last week. Many new attorneys and their families visited the TBA for lunch and open house at the Tennessee Bar Center today after their admissions. See pictures of the event here:


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
02 - TN Court of Appeals
01 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
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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


Court: TSC



This is a corrected opinion.

Court: TCA


Andre L. Dotson, appellant, pro se.

Fred E. Jones, Jr., Memphis, Tennessee, for the appellee, City of Memphis.

Judge: KIRBY

This Opinion was filed on October 25, 2006. The correction has been to change the word "State" to "City" on the following pages: p. 1, 4th line: "The State. . ." Changed to "The City. . . " p. 1, 8th line: "subsequently filed. . . to the State's motion. . ." Changed to ". . . the City's motion." p. 2, 3d par., 4th line: ". . . to the State's motion. . . " Changed to ". . . to the City's motion. . . " p. 2, 3d par., 7th line: "lawsuit, the State's motion. . ." Changed to "lawsuit, the City's motion. . ." p. 3, 2d par., 4th line: "his court costs after the State. . ." Changed to "his court costs after the City. . ."

This is an appeal from the dismissal of an inmate’s civil action for failure to pay costs in prior lawsuits. The plaintiff inmate, proceeding pro se, filed a complaint in the trial court against the defendant municipality alleging violations of the government tort liability act, proceeding as a pauper. The City filed a motion to dismiss the case based on Tennessee Code Annotated § 41-21-812, because the plaintiff had failed to pay costs in previous lawsuits filed by him. Realizing that his lawsuit was subject to dismissal under the statute, the plaintiff then paid the initial filing fee and cash bond for the instant lawsuit, but did not pay the costs for the prior lawsuits. The plaintiff subsequently filed a response to the City’s motion to dismiss, claiming that, although he initially was prohibited from filing the lawsuit, because he subsequently paid his filing fees for the instant lawsuit, Section 41-21-812 was not applicable. The trial court dismissed the case pursuant to the statute. The plaintiff now appeals. We affirm.



Court: TCA


Joseph D. Baugh, Franklin, Tennessee, for the appellant, R.D.S.

Paul G. Summers, Attorney General & Reporter; Mark A. Fulks, Assistant Attorney General, for the appellee, State of Tennessee.


A high school student was charged with the delinquent acts of possession of marijuana and drug paraphernalia after those items were found in his truck, which was parked on school grounds. In his de novo appeal of the juvenile court’s adjudication, the circuit court denied the student’s motion to suppress his admission that the marijuana was his. The trial court determined that Miranda warnings were not required because the student was not in custody when he made the incriminating statements. After a hearing, the student was adjudged to be delinquent. We affirm the trial court as to the introduction of the incriminating statements and also affirm the introduction of the seized evidence because the search was subject to the reasonable suspicion standard.



Court: TCCA


Randy G. Rogers, Athens, Tennessee, for the appellant, Antonio George.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; Jerry N. Estes, District Attorney General; and Wylie Richardson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Antonio George, was convicted of carjacking, a Class B felony, and sentenced as a Range I, standard offender to eight years in the Department of Correction. On appeal, he argues that (1) the evidence is insufficient to support his conviction; (2) the trial court erred in excusing a prospective juror who had a pending criminal case; (3) the trial court erred in restricting the cross-examination of the lead investigating officer; (4) the trial court erred in failing to charge the lesser-included offenses of theft and robbery; and (5) the trial court erred by not giving a curative jury instruction regarding a comment made by the prosecutor. Following our review, we reverse the judgment of the trial court and dismiss the charge against the defendant.



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