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Haynes announces bid for Senate speaker
Sen. Joe Haynes announced today he plans to challenge fellow Democrat John Wilder for the lieutenant governor's seat.
Wilder, 85, has been in that post since 1971, believed to be the longest consecutive leadership of a legislative chamber in U.S. history.
''I have a tremendous amount of respect for the leadership of Lt. Governor John Wilder, but I believe the time has come for a new vision for the Senate,'' Haynes said in a news release. Find out more from the Knoxville News Sentinel:
http://www.knoxnews.com/kns/state/article/0,1406,KNS_348_5222104,00.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
04 - 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
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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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BRANDY HILLS ESTATES, LLC v. WILLIAM VERNON REEVES, ET AL.
Court: TCA
Attorneys:
Tracy C. Wooden, Chattanooga, Tennessee, for the appellants, William Vernon Reeves and wife,
Deolvia Hunnicut Reeves, William M. (Mickey) Reeves, Sr., and Jere R. Reeves, Vivian Reeves
Dykes and the City of New Hope, Tennessee
Edwin Z. Kelly, Jr., Jasper, Tennessee, for the appellee, Brandy Hills Estates, LLC
Judge: CLEMENT
The plaintiff brought this action to establish that a public road, Pine Grove Road, extended to its
northern property line and that it had a right of access to the road. The defendants, owners of the
adjoining property and the City of New Hope, Tennessee, contend that the public road terminated
short of the plaintiff’s property, within the private property of the defendant property owners, and
that the plaintiff had no right of access. The jury found the plaintiff had proved by clear and
convincing evidence that the disputed property, which was at the end of the paved portion of Pine
Grove Road, was a public road dedicated by implication, and the right-of-way extended to the
plaintiff’s property. The defendants appeal. We affirm.
https://www.tba2.org/tba_files/TCA/2006/brandyhills_121806.pdf
KAREN E. FERGUSON v. NATIONWIDE PROPERTY & CASUALTY INSURANCE COMPANY, ET AL.
Court: TCA
Attorneys:
David L Cooper, Nashville, Tennessee, for the appellant, Karen E. Ferguson
Parks T. Chastain, David M. Hannah, Nashville, Tennessee, for the appellee, Nationwide Property
& Casualty Insurance Company.
M. Bradley Gilmore, Frank M. Gallina, Nashville, Tennessee, for the appellee, Edwin B. Raskin
Company.
Judge: CAIN
Apartment manager filed an action against employer and employer’s insurance carrier after they
refused to reimburse her for the losses she incurred as a result of a fire that began in the apartment’s
main office which was connected to her personal apartment. We affirm the judgment of the trial
court granting summary judgment to the defendants.
https://www.tba2.org/tba_files/TCA/2006/fergusonk_121806.pdf
EUGENE L. LAMPLEY, ET AL. v. MELVIN D. ROMINE, ET AL.
Court: TCA
Attorneys:
Aubrey T. Givens, Nashville, Tennessee, for the appellants, Melvin T. Romine and wife Maxine M.
Romine
Henry F. Todd, Jr., Dickson, Tennessee, for the appellees, Eugene L. Lampley and wife, Nancy
Lampley
Judge: COTTRELL
In a boundary dispute, the trial court refused to find estoppel by deed since the party raising the
estoppel had not relied on the erroneous deeds. We affirm.
https://www.tba2.org/tba_files/TCA/2006/lampleye_121806.pdf
OSCAR SEVILLA v. DOUGLAS COX
Court: TCA
Attorneys:
Steven G. Roberts, Memphis, Tennessee, for the appellant, Oscar Sevilla
S. Newton Anderson, Memphis, Tennessee, for the appellee, Douglas Cox.
Judge: FARMER
The trial court awarded summary judgment in favor of Defendant in this negligence action. We
affirm.
https://www.tba2.org/tba_files/TCA/2006/sevillao_121806.pdf
STATE OF TENNESSEE v. MARIO ANTWAN FULGHAM
Court: TCCA
Attorneys:
Mike A. Little, Chattanooga, Tennessee, for the appellant, Mario Antwan Fulgham
Paul G. Summers, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General;
William H. Cox, III, District Attorney General; and Neal Pinkston and David Denny, Assistant
District Attorneys General, for the appellee, State of Tennessee
Judge: GLENN
The defendant, Mario Antwan Fulgham, was convicted of facilitation of first degree murder,
attempted especially aggravated robbery, and attempted aggravated robbery–Class A, B, and C
felonies respectively–and sentenced as a Range I, standard offender to concurrent terms of twentyfour,
ten, and five years in the Department of Correction. On appeal, he argues that the trial court
erred by denying his motion to suppress statements he made to law enforcement and that the State
improperly quoted a Biblical scripture in its closing argument. Following our review, we affirm the
judgments of the trial court but remand for entry of corrected judgments to reflect that the defendant
was convicted by a jury rather than by pleading guilty, as the judgments now reflect.
https://www.tba2.org/tba_files/TCCA/2006/fulghamm_121806.pdf
ADAM CHARLES PARTIN v. DELORES LOURRAINE WALLIS
Court: TCCA
Attorneys:
Wayne Decatur Wykoff, Knoxville, Tennessee for the Appellant, Delores Lourraine Wallis
W. Andrew Fox, Knoxville, Tennessee for the Appellee, Adam Charles Partin
Judge: SWINEY
Adam Charles Partin (“Father”) filed a petition to modify his child support obligation claiming that
a significant variance existed between his income at the time his child support obligation was
originally calculated and his current income. The case was tried and the Trial Court entered an order
finding and holding, inter alia, that a significant variance did exist making the child support order
eligible for modification. The Trial Court then reduced Father’s child support. Delores Lourraine
Wallis (“Mother”) appeals claiming that the Trial Court erred in calculating Father’s income and that
a significant variance does not exist. We affirm.
https://www.tba2.org/tba_files/TCCA/2006/partina_121806.pdf
STATE OF TENNESSEE v. MARCUS LASHOWN WHITE
Court: TCCA
Attorneys:
Raymond Mack Garner, District Public Defender; Julie A. Rice, Assistant Public Defender (on
appeal); and Robert White, Maryville, Tennessee (at trial), for the appellant, Marcus Lashown White
Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General;
Michael L. Flynn, District Attorney General; and Ellen L. Berez, Assistant District Attorney General,
for the appellee, State of Tennessee
Judge: WILLIAMS
The defendant, Marcus Lashown White, pled guilty to aggravated assault, a Class C felony. The plea
agreement specified that the defendant was a Range I, standard offender and that the term of sentence
was six years, the maximum within the range. The manner of service was to be determined after the
sentencing hearing. At sentencing, the trial court denied any alternative sentence. The defendant
now appeals. We conclude that the evidence presented at the sentencing hearing was sufficient to
rebut the defendant’s presumptive eligibility for alternative sentencing. After thorough review, we
affirm the judgment of the trial court.
https://www.tba2.org/tba_files/TCCA/2006/whitem_121806.pdf
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| TODAY'S NEWS |
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Legislative News
Legal News
Online CLE
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| Legislative News |
| Former State Sen. John Ford indicted on new charges |
| Federal prosecutors announced today that former state Sen. John Ford has been indicted on new charges, stemming from consulting deals he had with two contractors with TennCare, the state's expanded Medicaid program. |
Read more and see the full indictment at WSMV.com
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| Legal News |
| Commissioner says juvenile court discriminates |
| Juvenile offenders in the Shelby County suburbs are getting better treatment than their urban counterparts, a group of Shelby County Commissioners says. The commissioners want the federal government to stop funding the juvenile court while the government looks into possible civil rights violations. |
Read the story from WMCS
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| Former magistrate accused of taking naked pictures of teen |
| A federal lawsuit filed Friday night accuses a former Blount County magistrate of coercing a teen girl into questionable acts. The lawsuit claims Magistrate Dustin Hatcher committed the acts in his county office, including taking pictures of the girl's bare breasts. |
WATE-TV has more
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| Showdown looms over domestic spying |
| Federal agents continue to eavesdrop on Americans' electronic communications without warrants a year after President Bush confirmed the practice, and experts say a new Congress' efforts to limit the program could trigger a constitutional showdown, the Associated Press writes.
The Cincinnati-based 6th U.S. Circuit Court of Appeals, the highest court squarely confronted with the issue so far, is to hear the American Civil Liberties Union's challenge Jan. 31. The appeals court will review a Detroit judge's ruling that the program was unconstitutional. |
TriCities.com carried this AP story
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| 'Trial of the century' recalled in Rhea courthouse basement |
| You can visit the courthouse in Rhea County where the high drama of the 1925 "Scopes Monkey Trial" was held. The basement of the working courthouse is a museum, depicting the famous trial that had evolution at the center, and pitted lawyers Clarence Darrow and William Jennings Bryan against each other. |
The News Sentinel has details
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| State requests execution date for Workman in cop's slaying |
| Tennessee Attorney General Bob Cooper has asked the Supreme Court to set an execution date for Philip Ray Workman, saying that a stay he received in 2004 has expired.
Workman has been on death row since 1982 for the slaying of Memphis Police Lt. Ronald Oliver after a 1981 robbery at a fast-food restaurant. |
The Tennessean has more
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| Pay now or pay more later for new county jail |
| Shelby County Sheriff Mark Luttrell outlines why the county needs a new jail. |
Read his opinion column in the Commercial Appeal
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| Free CLE for seminar monitors |
| TennBarU's End of the Year Video Festival will be held from 7 a.m. to 7 p.m. Dec. 26-30 at the Tennessee Bar Center in Nashville. Attorneys interested in serving as monitors for portions of the day will receive two hours of free CLE credit for each hour worked. The end of the year CLE blowout will feature more than 150 hours of video replays from the best TennBarU CLE programs and more than 100 hours of ethics programming. Contact Kathleen Caillouette at 615-383-7421 or kcaillouette@tnbar.org
if you are interested in serving as a moderator. |
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| Judge: Confession to murder was unfairly obtained |
| Knox County Criminal Court Judge Richard Baumgartner has ruled that the taped confession of Marvin Joseph Hill will not be heard by a jury. Hill had asked for a lawyer but three investigators continued to question him along with his wife in a police station interrogation room. His wife was used as a "police tool," Knox County Public Defender Mark Stephens says. |
Read the story in the News Sentinel
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| Online CLE |
| Here's help meeting 2006 CLE requirements |
| Need an hour or two of CLE to complete your 2006 requirements? The TBA's TennBarU online university is ready to help. With more than 25 text-based and 150-plus video courses -- many carrying ethics credit -- you'll find the programs you want and need. |
Register or find out more now
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