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:


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Knoxville, Tennessee
Editor-in-Chief, TBALink


Court: TCA


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


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.



Court: TCA


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.



Court: TCA


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


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.



Court: TCA


Steven G. Roberts, Memphis, Tennessee, for the appellant, Oscar Sevilla

S. Newton Anderson, Memphis, Tennessee, for the appellee, Douglas Cox.


The trial court awarded summary judgment in favor of Defendant in this negligence action. We affirm.



Court: TCCA


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.



Court: TCCA


Wayne Decatur Wykoff, Knoxville, Tennessee for the Appellant, Delores Lourraine Wallis

W. Andrew Fox, Knoxville, Tennessee for the Appellee, Adam Charles Partin


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.



Court: TCCA


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


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.



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Free CLE for seminar monitors
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Judge: Confession to murder was unfairly obtained
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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.
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