Ramsey's new position means changes on boards, commissions

As part of his new duties, Lt. Gov. Ron Ramsey is responsible for appointing members to the state's 50 boards and commissions. One of the most powerful commissions is the 17-member Judicial Selection Commission. Ramsey will be eligible to appoint eight members and have input on a ninth. He has said that his appointments will be "more conservative" than those of his predecessor. The Knoxville News Sentinel has this AP report on appointments to the Judicial Selection Commission. The Nashville City Paper explores the impact on two other commissions:

http://www.nashvillecitypaper.com/index.cfm?section_id=9&screen=news&news_id=54258

TODAY'S OPINIONS
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Editor-in-Chief, TBALink

BUILDING MATERIALS CORPORATION d/b/a GAF MATERIALS CORPORATION v. MELVIN D. BRITT

Court: TSC

Attorneys:

Ann Buntin Steiner, Nashville, Tennessee, for the appellant, Melvin D. Britt

James H. Tucker, Jr., Nashville, Tennessee, for the appellee, Building Materials Corporation of America d/b/a GAF Materials Corporation

Judge: HOLDER

The sole issue in this workers' compensation action is whether the employee's claim for benefits is barred by the statute of limitations. In 1997, the employee reported to his employer that he had sustained a work-related back injury, but he did not file a claim for workers' compensation benefits at that time. The employee's back pain improved following conservative treatment. In August of 2001, however, the employee informed his employer that his back pain was becoming worse. In February 2002, the employee filed a complaint seeking permanent partial disability benefits. At trial, the trial court granted the employer's motion for involuntary dismissal, holding that the employee's claim was barred by the statute of limitations because it was not made within one year of his original back injury in 1997. Based upon the last-day-worked rule, the Special Workers' Compensation Appeals Panel concluded that the employee's claim is not barred by the statute of limitations. Upon due consideration, we hold that the claim in this matter is not time-barred by the statute of limitations set forth in Tennessee Code Annotated section 50-6-203 because the statute does not begin to run until the employee is prevented from working due to the employee's injury. To the extent that our opinion in Bone v. Saturn Corp., 148 S.W.3d 69, 73 (Tenn. 2004), compels a contrary result by its abandonment of the last-day-worked rule in determining a similar but related issue, it is overruled. Therefore, we reverse the trial court's dismissal of this case and remand this case to the trial court for further proceedings consistent with this opinion.

http://www.tba2.org/tba_files/TSC/2007/buildingmat_012407.pdf


STATE OF TENNESSEE v. JOSEPH WILSON

Court: TSC

Attorneys:

Kerry Knox, Murfreesboro, Tennessee; Merrilyn Feirman, Nashville, Tennessee; and Ana Escobar, Nashville, Tennessee (at trial) for the appellant, Joseph Wilson

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Preston Shipp, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General (at trial); and Dent Morriss, Assistant District Attorney General, Springfield, Tennessee (at trial), for the appellee, State of Tennessee

Judge: HOLDER

Following a jury trial, the defendant was convicted of evading arrest, carjacking, one count of reckless endangerment, and driving on a revoked license. On appeal, the defendant argues that the evidence was insufficient to support his convictions for carjacking and reckless endangerment and that the trial court erred in not instructing the jury on robbery and theft as lesser-included offenses of carjacking. We hold that the evidence is sufficient to sustain the defendant's convictions for carjacking and reckless endangerment. We further hold that robbery and theft are not lesser-included offenses of carjacking and that therefore the failure to give instructions with regard to these offenses was not plain error. Accordingly, we affirm the judgment of the Court of Criminal Appeals.

http://www.tba2.org/tba_files/TSC/2007/wilsonj_012407.pdf


GIL CARTWRIGHT, ET AL. v. HARRY A. PRESLEY dba PRESLEY RESTAURANT EQUIPMENT
Corrected Opinion: clerical errors corrected


Court: TCA

Attorneys:

John R. Morgan, Chattanooga, Tennessee, for the appellants, Gil Cartwright and G & C Flowers, Inc.

Joseph R. White, Chattanooga, Tennessee, for the appellee, Harry A. Presley dba Presley Restaurant Equipment

Judge: SUSANO

In their complaint, the plaintiffs, Gil Cartwright and G & C Flowers, Inc., alleged that the defendant's negligent assembly and installation of a walk-in cooler damaged their property, including damage to a retail business. The defendant filed a motion for summary judgment, asserting that the suit is barred by T.C.A. Section 28-3-202 (2000), which prescribes a four-year statute of repose on "[a]ll actions to recover damages for any deficiency in the . . . construction of an improvement to real property." (Emphasis added). The trial court granted the defendant's motion. The plaintiffs appeal, primarily arguing that the trial court erred in finding that the walk-in cooler constitutes an "improvement to real property," thereby subjecting the plaintiffs' cause of action to the subject period of repose. We affirm.

http://www.tba2.org/tba_files/TCA/2007/cartwrightg_corr_012407.pdf


DEBRA JANE GREY v. BOBBIE LEE BROOKS

Court: TCA

Attorneys:

Bobbie Lee Brooks, pro se

No attorney of record

Judge: FRANKS

Bobby Lee Brooks has appealed, seeking dismissal of an Order of Protection entered by the Trial Court. No record of the evidence has been filed. We affirm the Trial Court.

http://www.tba2.org/tba_files/TCA/2007/greyd_012407.pdf


HEALTHCARE MANAGEMENT RESOURCES, LLC, ET AL. v. JERRY W. CARTER, ET AL.

Court: TCA

Attorneys:

Roger G. Jones and Austin L. McMullen, Nashville, Tennessee, for the Appellant, AmSouth Bank

Robert J. Mendes and Janna Eaton Smith, Nashville, Tennessee, for the Appellee, Michael Henry

Judge: SWINEY

In 2001, defendant Michael Henry (Henry) sold his interest in Healthcare Management Resources, LLC, (the Company) to Jerry Carter (Carter), Dennis Swartz (Swartz), and Hal Roseman, M.D. (Roseman). In 2003, as part of a loan agreement with AmSouth Bank (AmSouth), Henry pledged certain collateral as security for a loan to the Company. Although Henry was no longer involved with the Company, he pledged the collateral because funds from the 2003 loan were to be used to pay a promissory note to Henry. Carter, Swartz, and Roseman sold their interests in the Company to various new investors in July of 2004. At the same time, AmSouth entered into a new loan with the Company. The proceeds from the 2004 loan were used to pay off the 2003 loan. Because the 2003 loan was paid off, Henry was released from his pledge of collateral. Henry did not pledge any collateral for the 2004 loan. The Company's new investors soon sued Carter, Swartz, and Roseman for fraud, centered around the sale of their ownership interests in the Company to the investors. AmSouth intervened in the lawsuit, and also sued Henry seeking to rescind the release of the collateral pledge agreement. There are no allegations of fraud made against Henry. The Trial Court dismissed AmSouth's claims against Henry after finding the complaint failed to state a claim upon which relief could be granted as to Henry. AmSouth appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2007/healthcaremgmt_012407.pdf


STATE OF TENNESSEE v. OCTAVIA CARTWRIGHT

Court: TCCA

Attorneys:

Charles E. Waldman, Memphis, Tennessee, for the Appellant, Octavia Cartwright

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; William L. Gibbons, District Attorney General; and Lee Coffee, Assistant District Attorney General, for the Appellee, State of Tennessee

Judge: WEDEMEYER

The Defendant, Octavia Cartwright, was convicted of evading arrest in a motor vehicle with risk of death or injury, attempted first degree murder, two counts of especially aggravated robbery, especially aggravated burglary, and four counts of especially aggravated kidnapping. The Defendant was sentenced to an effective sentence of ninety-one years in prison as a Range I offender. On appeal, the Defendant contends that: (1) there was insufficient evidence to sustain the convictions for attempted murder and especially aggravated kidnapping; (2) the trial court improperly sentenced the Defendant; (3) the trial court erred when it determined the Defendant was competent; and (4) her constitutional right to a speedy trial was violated. After throughly reviewing the record and applicable authorities, we affirm the Defendant's convictions and sentences.

http://www.tba2.org/tba_files/TCCA/2007/cartwrighto_012407.pdf


STATE OF TENNESSEE v. JAMES PATTERSON

Court: TCCA

Attorneys:

Larry E. Copeland, Jr., and Joseph S. Ozment, Memphis, Tennessee, for the appellant, James Patterson

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; William L. Gibbons, District Attorney General; and Michelle Parks and Alanda Dwyer, Assistant District Attorneys General, for the appellee, State of Tennessee

Judge: WILLIAMS

James Patterson, the defendant, appeals from his jury convictions of especially aggravated robbery (Class A felony), criminal attempt of second degree murder (Class B felony), and two counts of especially aggravated kidnapping (Class A felonies). The defendant presents two issues by contending that the evidence was insufficient to support the convictions and that the trial court erred in imposing consecutive sentences. After review, we affirm the convictions and the sentence imposed.

http://www.tba2.org/tba_files/TCCA/2007/pattersonj_012407.pdf


STATE OF TENNESSEE v. ROBERT SMITH

Court: TCCA

Attorneys:

Gregory D. Gookin, Assistant Public Defender, Jackson, Tennessee, for the Appellant, Robert Smith

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the Appellee, State of Tennessee

Judge: HAYES

The Appellant, Robert Smith, was convicted by a Madison County jury of the misdemeanor offenses of possession of marijuana and possession of drug paraphernalia. As a result of these convictions, Smith received two sentences of eleven months and twenty-nine days in confinement. The trial court further ordered that the two sentences be served concurrently but consecutively to two previously imposed suspended misdemeanor sentences, which Smith was currently serving on probation. On appeal, Smith raises two issues for our review: (1) whether the evidence is sufficient to support the convictions; and (2) whether the trial court erred in imposing consecutive sentencing. After review of the record, we affirm.

http://www.tba2.org/tba_files/TCCA/2007/smithr_012407.pdf


TODAY'S NEWS

Legal News
Passages
Upcoming
Correction
TBA Member Services

Legal News
President calls for medical malpractice reform
In his State of the Union address last night, President Bush outlined a number of proposals for creating more affordable health care options for Americans. Among those was a call for Congress to pass medical liability reform to "protect good doctors from junk lawsuits."
Read the full speech in the Tennessean
Shelby County desegregation case back in court
On Friday, attorneys in the case of Robinson v. Shelby County Board of Education -- the 40-year old lawsuit that has governed school district lines in Shelby County -- will be in court arguing for dismissal of the suit. Attorneys on both sides say it's time to end federal regulation of the school district.
Read more about the case in the Commercial Appeal
Person won't appear before county commission
Despite repeated calls for Shelby County Juvenile Court Judge Curtis Person to appear before the county commission to discuss issues surrounding the juvenile court, a recent letter from the court's chief counsel informed commissioners that the Code of Judicial Conduct prohibits Person from doing so.
The Commercial Appeal has more on the story
News Sentinel: excluding public hurt appointees
In an editorial today, the Knoxville News Sentinel has harsh criticism for the Knox County Commission and its rejection of any public involvement in the appointment of new commissioners.
Read the editorial board's opinion
State joins Bayer settlement
The state of Tennessee has joined in a multi-state agreement with Bayer Corporation over its questionable marketing of Baycol, a cholesterol drug that was withdrawn from the market in 2001. The state will receive $200,000 as its share of the $8 million agreement. In addition, Bayer agrees to abide by Tennessee's consumer protection laws.
Read more on Chattanoogan.com
Reminder: comments sought on bankruptcy judges
The current 14-year terms of U.S. Bankruptcy Judges George Harvey Boswell (Western District of Tennessee at Jackson) and Marcia Phillips Parsons (Eastern District of Tennessee at Greeneville) are due to expire November 2007. The U.S. Court of Appeals for the Sixth Circuit is considering whether to reappoint the judges to new 14-year terms and invites members of the bar and public to submit comments. The comments, which are kept confidential, should be submitted no later than Jan. 31 to: the Office of the Circuit Executive, 503 Potter Stewart U.S. Courthouse, 100 East Fifth Street, Cincinnati, OH 45202. For more information, contact the court at (513) 564-7200.

Governor accepting summer intern applications
Governor Phil Bredesen's office is currently seeking applications for its summer intern program, which is open to college juniors and seniors. Applications are due March 1. For more information contact Patrick Hamilton at 615-253-7730 or patrick.hamilton@state.tn.us.
Interested individuals may apply online
Passages
Retired Judge Cornelius dies
Retired Tennessee Criminal Court of Appeals Judge Allen Robinson Cornelius, 86, died Monday after a long illness. Cornelius graduated from the Cumberland School of Law in 1947 and began his legal career as a claims attorney with an insurance firm. He later entered private practice, served a two-year term in the state legislature and held a seat as a general sessions judge in Nashville. Visitation is set for Friday from 10-11:30 a.m. at Marshall Donnelly-Combs Funeral Home followed by a funeral Mass at 1 p.m. at the Cathedral of the Incarnation in Nashville.
The Tennessean has more on Cornelius' career
Upcoming
Amber alert training in Sevierville
The Safe Harbor Child Advocacy Center and the Sevierville Police Department will co-host a two-day seminar by Amber Alert officials Feb. 21-22 in Sevierville. The course, Forensic Response to Missing and Abducted Children, is designed to enhance the forensic skills of law enforcement and prosecutors involved in missing and abducted child cases. For more information contact Safe Harbor at (865) 774-1711 or visit their web site
http://www.safeharborcac.com
Correction
A report on the Tennessee Supreme Court's ruling in the Anna Mae He case in Tuesday's TBA Today incorrectly reported her legal relationship with Jerry and Louise Baker. While she has lived with the couple since she was 3 weeks old, she has not been adopted by them.

TBA Member Services
Program offers savings on auto insurance
See how being a member of the TBA could help you save 8 percent on car insurance. GEICO offers 24-hour sales, service and claims. Call GEICO at 1-800-368-2734
or get an online rate quote

 
 
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