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:


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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


Court: TSC


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


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.



Court: TSC


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


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.


Corrected Opinion: clerical errors corrected

Court: TCA


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


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.



Court: TCA


Bobbie Lee Brooks, pro se

No attorney of record


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.



Court: TCA


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


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.



Court: TCCA


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


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.



Court: TCCA


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


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.



Court: TCCA


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.



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