Supreme Court agrees to hear judicial selection case

The Tennessee Supreme Court agreed this afternoon to consider an appeal of Chancellor Ellen Hobbs Lyle's decision on procedures for the selection of Supreme Court candidates, saying that the case presents questions of "unusual public importance in which there is a special need for expedited decision." The court will hear oral arguments on Feb. 1. Following the court's action, the Judicial Selection Commission announced it is postponing its Jan. 24 meeting until after the Supreme Court rules on the case. Download the court's order:

http://www.tba2.org/tbatoday/news/2007/bredesen_010307.pdf

TODAY'S OPINIONS
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Editor-in-Chief, TBALink

ABC PAINTING COMPANY v. WHITE OAKS APARTMENTS OF HERMITAGE

Court: TCA

Attorneys:

J. Todd Faulkner, Nashville, Tennessee, for the appellant, ABC Painting Company.

Frank Grace, Jr., Eileen Burkhalter Smith, Nashville, Tennessee, for the appellee, White Oaks Apartments of Hermitage.

Judge: CAIN

Painting company filed a claim against residential apartment complex for payment of invoices submitted for interior painting of the premises. Apartment complex counter-claimed, asserting that painting company did not perform the painting in a workmanlike manner. The trial court awarded painting company a portion of the damages sought in the complaint and some of the requested attorney's fees. Painting company appealed. We reverse in part and affirm in part.

http://www.tba2.org/tba_files/TCA/2007/abcpainting_010307.pdf


FRANCES E. DeFORD v. HARPETH VALLEY UTILITIES DISTRICT

Court: TCA

Attorneys:

Dan R. Alexander, Nashville, Tennessee, for the appellant, Frances E. DeFord.

L. Marshall Albritton, Nashville, Tennessee, for the appellee, Harpeth Valley Utilities.

Judge: CLEMENT

The plaintiff appeals the dismissal of her breach of contract action against her former employer, Harpeth Valley Utilities District. The plaintiff entered into a Deferred Compensation Agreement with Harpeth Valley at the beginning of her employment in 1998 that afforded her a retirement benefit if she remained employed until the year 2012. The plaintiff voluntarily left the employment of Harpeth Valley in 2003 after only five years of employment. One year later, she filed this action contending that a handwritten modification was made to the Agreement which provided that she was entitled to receive the retirement benefit and death benefit specified in the Agreement. The trial court dismissed her Complaint for failure to state a claim for which relief could be granted. We affirm.

http://www.tba2.org/tba_files/TCA/2007/defordf_010307.pdf


JAMES H. HARNESS v. BECHTEL JACOBS COMPANY, LLC., SAFETY AND ECOLOGY CORPORATION, THE RETECH GROUP, INC., and T.A.G. TRANSPORT, INC.

Court: TCA

Attorneys:

Stephen W. Gibson and Ronald L. Grimm, Knoxville, Tennessee, for appellant.

Summer H. Stevens, Judith A. DePrisco and Rockforde D. King, Knoxville, Tennessee, and S. Morris Hadden, Kingsport, Tennessee for appellees.

Judge: FRANKS

Plaintiff was injured when the truck he was operating overturned at the dump site, due to improper loading allegedly caused by defendants. The Trial Court granted defendants summary judgments on grounds they were shielded from the tort claim by the Workers' Compensation Act. On appeal, we affirm.

http://www.tba2.org/tba_files/TCA/2007/harnessj_010307.pdf


STATE OF TENNESSEE v. MARQUES DOUGLAS

Court: TCCA

Attorneys:

Anthony Helm, Memphis, Tennessee, for the appellant, Marques Douglas.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Senior Counsel; William L. Gibbons, District Attorney General; and Emily C. Taub, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant, Marques Douglas, was convicted of two counts of aggravated robbery. On appeal,the defendant asserts that the evidence was insufficient to support the guilty verdicts. After review, we affirm the judgments of conviction.

http://www.tba2.org/tba_files/TCCA/2007/douglasm_010307.pdf


STATE OF TENNESSEE v. DALE GENE RICHIE, ALIAS G. DALE RICHIE, ALIAS DALE GENE RITCHIE

Court: TCCA

Attorneys:

Lloyd A. Levitt, Chattanooga, Tennessee, for the appellant, Dale Gene Richie, Alias G. Dale Richie, Alias Dale Gene Ritchie.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; William H. Cox, III, District Attorney General; and James A. Woods, Jr., and Jason L. Thomas, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant, Dale Gene Richie, appeals his convictions pursuant to a certified question of law. The issue presented is whether the officer had reasonable suspicion to perform an investigatory stop of the defendant based on the totality of the circumstances. After review, we affirm the trial court's refusal to grant the defendant's motion to suppress.

http://www.tba2.org/tba_files/TCCA/2007/ritchied_010307.pdf


STATE OF TENNESSEE v. ROSHAD ROMANIC SILER
With Opinion Concurring in Part and Dissenting in Part


Court: TCCA

Attorneys:

F. Chris Cawood, Kingston, Tennessee, for the appellant, Roshad Romanic Siler.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledlsoe, Assistant Attorney General; J. Scott McCluen, District Attorney General and D. Roger Delp, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Following a jury trial, the appellant, Roshad Romanic Siler, was convicted of three counts of the sale of a counterfeit controlled substance, a Class E felony. The trial court sentenced the appellant as a Range I, standard offender to concurrent sentences of one year for each conviction, but suspended the sentences and placed the appellant on community corrections. The appellant challenges the sufficiency of the evidence and an evidentiary ruling made by the trial court on appeal. Because we determine that the evidence was insufficient to support the appellant's convictions, we reverse and dismiss.

http://www.tba2.org/tba_files/TCCA/2007/silerr_010307.pdf

WOODALL CONCURRING AND DISSENTING
http://www.tba2.org/tba_files/TCCA/2007/silerr_diss_010307.pdf


TODAY'S NEWS

Legal News
Legislative News
TBA Member Services

Legal News
Court adopts ADR changes
The state Supreme Court yesterday made a number of changes to the alternative dispute process in Tennessee. In approving many of the Rule 31 amendments requested by the Alternate Dispute Resolution Commission, the court adopted several recommendations made by the TBA. These include: maintaining the requirement that non-mediator neutrals be lawyers; emphasizing the role of mediators as problem solvers; maintaining a requirement for family law training for family law mediators; and permitting the parties to determine the role of the referring judge in a summary jury trial.
Read the order and revised rule
Court amends range of rules
The Tennessee Supreme Court on Tuesday adopted orders amending the Tennessee Rules of Civil Procedure, Rules of Criminal Procedure, Rules of Appellate Procedure, Rules of Evidence and Rules of Juvenile Procedure. All will become effective July 1, 2007, subject to approval by resolutions of the General Assembly.
Read the amendments
Miss. court removes pro hac vice waiting period
The Mississippi Supreme Court, on its own motion, amended the state Rules of Appellate Procedure to delete a 21-day waiting period before an attorney may appear pro hac vice in state courts. The judges stated that the expedited approval for out-of-state attorneys was designed to promote the fair and effective administration of justice.
Download the order here
City mulls new ethics code
It appears the Clarksville City Council will be considering a revised ethics policy this week. The council passed an ethics policy last fall but suspended it after public controversy erupted over a prohibition on donations to city employees. The new version mirrors state regulations that prohibit gifts from those who have business before the government.
Read more in Clarksville Leaf Chronicle
Courthouse security improvements sought
County Criminal Court Judge Don Elledge, who serves as chair of the Courthouse Security Committee, says the Anderson County courthouse is vulnerable to attack, as access to the first and second floors is unrestricted. Proposals to limit entrance to the courthouse, add a centralized security checkpoint and add hallway cameras all are under consideration, reports the News Sentinel.
Read about challenges facing the aging courthouse
Runyon named Clarksville attorney
Ray Runyon has been named part-time attorney for the city of Clarksville until a full-time replacement is found for outgoing attorney David Haines. Haines resigned last month to take a job with the Tennessee Supreme Court. The Clarksville Leaf Chronicle reported the news.

Legislative News
House speaker opposes workplace smoking ban
Despite reports of growing support for a ban on smoking in workplaces, House Speaker Jimmy Naifeh said today he opposes the idea and believes most other legislators feel the same way. On the other hand, Naifeh indicated he and other lawmakers would likely support a cigarette tax increase of some amount.
Read about it in the Knoxville News Sentinel
TBA Member Services
Upgrade your telecommunications
Save on telecommunications costs and upgrade your existing system with the TBA member benefits program from American Communications Services. ACS works with BellSouth and a variety of providers to bring you savings on telecom.
Find out more

 
 
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