Commission sets timetable to fill Supreme Court vacancy

The Judicial Selection Commission voted unanimously today to send Gov. Bredesen a fresh panel of applicants to fill the final vacant seat on the Tennessee Supreme Court. It also established a timetable for applicants to file and appear before the body, with questionnaires and TBI background applications due by March 16. The commission will hear from those candidates in open session on April 13. Candidates who previously submitted applications do not need to reapply; they will be considered unless they notify the Administrative Office of the Courts that they wish to withdraw. For additional information, visit the AOC's web site:

http://www.tncourts.gov

TODAY'S OPINIONS
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

WILLIAM E. SCHEELE, JR. V. HARTFORD UNDERWRITERS INSURANCE COMPANY

Court: TSC

Attorneys:

Jennifer M. Caywood, Knoxville, Tennessee, for the appellant, Hartford Underwriters Insurance Company

Richard L. Burnette, Sevierville, Tennessee, for the appellee, William E. Scheele, Jr.

Judge: CLARK

Before this case was heard or decided by a Special Workers' Compensation Appeals Panel, we granted review to clarify whether insurance coverage for a sole proprietor existed under a workers' compensation policy despite the sole proprietor's failure to comply fully with the thirty-day notice requirement of Tennessee Code Annotated section 50-6-102(10)(B). We hold that coverage existed in this case because the sole proprietor complied substantially with the thirty-day notice requirement. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TSC/2007/scheelew_022807.pdf


GEORGE HASKEL STEWART V. DEMPLE L. SEWELL ET AL.

Court: TSC

Attorneys:

Jerre M. Hood, Winchester, Tennessee, for the appellants, Demple L. Sewell and Bobby L. Judkins

Mark Stewart, Winchester, Tennessee, for the appellee George Haskel Stewart

Judge: CLARK

We granted this appeal to clarify the applicability of the rule of ademption by extinction and of Tennessee Code Annotated section 32-3-111 concerning the sale of specifically devised property. In August 1994, the decedent Clara Stewart executed her last will and testament in which she left a parcel of real estate to her stepson, the plaintiff in this matter. In November 1994, the decedent executed a durable power of attorney to her natural children, defendants Sewell and Judkins. In January 1997, the decedent's health had so far deteriorated that she required placement in a nursing home. In February 1997, Sewell and Judkins sold a portion of the devised real estate in order to fund the decedent's nursing home expenses. After their mother's death, Sewell and Judkins inherited the remaining proceeds of the sale; the plaintiff inherited that portion of the real estate which had not been sold. Plaintiff sued Sewell and Judkins as well as the purchasers of the real estate, alleging fraud. After a trial, the trial court dismissed the plaintiff's complaint. On appeal, the Court of Appeals determined that Sewell and Judkins had acted improperly and granted the plaintiff relief. We granted the defendants' application for permission to appeal and hold that the specific devise of the real property was adeemed by extinction and that the Court of Appeals erred in applying retroactively Tennessee Code Annotated section 32-3-111 and in imposing a constructive trust in order to avoid that result. Accordingly, we reverse the judgment of the Court of Appeals and reinstate the trial court's judgment dismissing the plaintiff's case.

http://www.tba2.org/tba_files/TSC/2007/stewartg_022807.pdf


DEREK DAVIS v. SHELBY COUNTY SHERIFF'S DEPARTMENT

Court: TCA

Attorneys:

Leslie A. Miller, Bartlett, Tennessee, for Plaintiff/Appellant Derek Davis

Martin W. Zummach, Germantown, Tennessee, for Defendant/Appellee Shelby County Sheriff's Department

Judge: KIRBY

This appeal involves a writ of certiorari. The plaintiff, a former deputy sheriff for the County, was discharged. After a hearing, the County administrative board upheld the County's decision to terminate the plaintiff's employment. The plaintiff then filed a petition for writ of certiorari in the chancery court, seeking judicial review of the board's decision. The plaintiff then filed a motion to amend the petition to add claims. The trial court never ruled on the motion to amend. After a hearing on the petition, the trial court affirmed the decision of the board. The plaintiff deputy sheriff appeals. We dismiss the appeal, finding that there is not a final judgment over which this Court may exercise appellate jurisdiction.

http://www.tba2.org/tba_files/TCA/2007/davisd_022807.pdf


WUBALEM G. GUANGUL v. UNITED IMPORTS, ET AL.

Court: TCA

Attorneys:

Joel H. Moseley, Sr., and Joel H. Moseley, Jr., Nashville, Tennessee, for the appellants, United Imports and Fahad Soheilinia

Mark A. Baugh and Yanika C. Smith, Nashville, Tennessee, for the appellee, Wubalem Guangul

Judge: CLEMENT

The individual defendant in this action appeals the trial court's denial of his motion to quash the execution of a judgment levied against him. The appellant, Farhad Soheilinia, contends he is not Fahad Soheilinia, the individual against whom the judgment was rendered. The trial court made a specific finding of fact that he was served with process and was the individual defendant against whom the judgment was rendered. Finding the evidence does not preponderate against the trial court's finding of fact, we affirm.

http://www.tba2.org/tba_files/TCA/2007/guangulw_022807.pdf


IN THE MATTER OF THE ESTATE OF CLEO M. SNAPP, deceased

Court: TCA

Attorneys:

William S. Lewis and Andrew T. Wampler, Kingsport, Tennessee, for appellant, Judith Ervin Honeycutt

Edward T. Brading, Johnson City, Tennessee, for appellant, Jimmy Joe Hartsell

Erin S. Downs, Bristol, Tennessee, for appellees, George D. Swingle, II., Susan Swingle Kimberlain, and Marjorie Swingle Van Doren ("The Swingle Heirs")

W. Robert Manuel, Erwin, Tennessee, for appellee, The Estate of Cleo M. Snapp

Judge: FRANKS

In this action to construe provisions in Decedent's Will, the Trial Court applied the anti-lapse statute. On appeal, we reverse.

http://www.tba2.org/tba_files/TCA/2007/snappc_022807.pdf


ANNA LOU WILLIAMS, PLANTATION GARDENS, D/B/A TOBACCO PLANTATION AND BEER BARN, D/B/A JIM'S FLEA MARKET v. GERALD F. NICELY

Court: TCA

Attorneys:

Paul G. Summers, Attorney General & Reporter, Michael E. Moore, Solicitor General, and Larry M. Teague, Deputy Attorney General, Nashville, Tennessee, for Defendant/Appellant Gerald F. Nicely

Jim F. Williams, Millington, Tennessee, Plaintiff/Appellee, pro se

Judge: KIRBY

This is a declaratory judgment action against the State regarding the use of an easement. The plaintiffs own a parcel of land next to a highway. By deed, the plaintiffs' predecessor in title granted a perpetual easement for "highway purposes" to the State for the Department of Transportation in the strip of land immediately next to the highway. Prior to this litigation, the Department of Transportation asked the plaintiffs to remove advertising signs posted on the land next to the highway because the signs encroached on the State's highway "right-of-way." In response, the plaintiffs filed a declaratory judgment action against the State, seeking a declaration that the easement for "highway purposes" did not constitute a "highway right-of-way," and that the State had no authority to require removal of the signs. The trial court ruled in favor of the plaintiffs, declaring that the deed conveyed to the State only an easement of ingress and egress and did not grant the right to use the land as a "highway right-of-way." The defendant now appeals. We vacate the trial court's judgment and dismiss the case, finding that the plaintiffs' declaratory judgment action is barred by the doctrine of sovereign immunity.

http://www.tba2.org/tba_files/TCA/2007/williamsa_022807.pdf


STATE OF TENNESSEE v. JOHN SUELL ANDERSON

Court: TCCA

Attorneys:

William A. Cameron, Cookeville, Tennessee, for appellant, John Suell Anderson

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; William Gibson, District Attorney General; Marty Savage, Assistant District Attorney General, for appellee, State of Tennessee

Judge: THOMAS

The defendant, John Suell Anderson, was arrested for driving under the influence in Putnam County. The defendant filed a motion to suppress claiming that his warrantless arrest was illegal because he had not committed a misdemeanor in the presence of the arresting officers; the trial court denied the motion. The defendant was convicted by a jury of driving under the influence, first offense, a Class A misdemeanor, and received a sentence of eleven months and twenty-nine days suspended to probation after the service of ten days in jail. The defendant now appeals the trial court's denial of his motion to suppress. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/andersonj_022807.pdf


STATE OF TENNESSEE v. JIM CORBETT CORDER

Court: TCCA

Attorneys:

Billy K. Tollison, McMinnville, Tennessee (at motion for new trial and on appeal); Joe L. Finley, Jr. (at trial) for the appellant, Jim Corbett Corder

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; William Gibson, District Attorney General; Beth Willis, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: THOMAS

The defendant, Jim Corbett Corder, was convicted of attempted voluntary manslaughter and sentenced to four years in prison. On appeal, the defendant argues that the evidence is not sufficient to support his conviction. We conclude that the evidence is sufficient and affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/corderj_022807.pdf


JERMAINE IVORY v. STATE OF TENNESSEE, RICKY BELL, WARDEN

Court: TCCA

Attorneys:

Jermaine A. Ivory, Whiteville, Tennessee, pro se

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia Lee, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; Kathy Morante, Assistant District Attorney General, for appellee, State of Tennessee

Judge: THOMAS

The petitioner, Jermaine Ivory, appeals the Davidson County Criminal Court's denial of his petition for habeas corpus relief. The trial court found that the petition failed to establish that the petitioner was entitled to habeas corpus relief. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/ivoryj_022807.pdf


STATE OF TENNESSEE v. JIKINTE LASHANE MORRIS

Court: TCCA

Attorneys:

Fannie J. Harris, Nashville, Tennessee, for the appellant, Jikinte Lashane Morris

Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth Marney, Assistant Attorney General; W. Michael McCown, District Attorney General; Michael D. Randles, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: THOMAS

The defendant, Jikinte Lashane Morris, was convicted of sale of a schedule II drug, fined $3,000, and sentenced to eleven years and nine months as a Range I standard offender. On appeal, Defendant argues that the evidence is not sufficient to support his convictions, and that the trial court abused its discretion by denying the jury access, as part of its deliberations, to the surveillance video introduced as evidence at trial. We conclude that the evidence is sufficient and that the trial court did not abuse its discretion regarding the surveillance video. Thus, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/morrisj_022807.pdf


State of Tennessee's Authority to Recognize Indian Tribes

TN Attorney General Opinions

Date: 2007-02-27

Opinion Number: 07-21

http://www.tba2.org/tba_files/AG/2007/ag_07-21.pdf

TODAY'S NEWS

Legal News
Legislative News
BPR Actions
TBA Member Services

Legal News
E-voting in TBA elections begins tomorrow
Electronic voting will begin tomorrow (March 1) for contested positions on the TBA Board of Governors. This year, TBA members in the Middle Tennessee Grand Division and the First District will be asked to choose a representative from two candidates. Nashville attorneys Barbara Holmes and Tim Warnock are vying for the Middle Tennessee Governor's seat, while Sevierville lawyer Cynthia Richardson Wyrick and Kingsport lawyer Frank Johnstone are competing for the First District seat. TBA members in the Middle Grand Division and the First District with valid email addresses on file at the TBA will receive an email tomorrow with directions for voting. All members in those districts who do not vote electronically will receive a paper ballot mailed on or before April 1.
Learn more about this year's TBA elections
15 mock trial teams advance to state competition
Local mock trial competitions wrapped up last night with 15 teams advancing to the state competition March 23-24 in Nashville. District winners are: Westminster Academy and St. Mary's Episcopal School of Memphis, Dyersburg High School, Tullahoma High School, Battle Ground Academy of Franklin, Harpeth Hall and University School of Nashville, Springfield High School, Family Christian Academy and McCallie School of Chattanooga, Warren County High School in McMinnville, Jefferson County High School in Dandridge, Bearden High School in Knoxville, South Greene High School in Greeneville and Tennessee High School in Bristol.

Cooper's fraud trial delayed
U.S. District Judge Curtis L. Collier yesterday delayed state Sen. Jerry Cooper's fraud trial for two months, giving Cooper until June 4 to recover from an auto accident that led to charges of driving under the influence. Meanwhile, Cooper was readmitted to the hospital this week due to injury complications and is expected to remain hospitalized for the next few days.
WSMV News Channel 4 has the story
Law firms unite to help Katrina rebuilding
To assist in rebuilding efforts in Louisiana, Mississippi and Alabama, a group of four southeastern law firms have formed the GO Alliance. Led by Nashville-based Waller Lansden Dortch & Davis, the group will educate businesses on federal economic development and tax incentives for companies to relocate, rebuild expand in this so-called "GO Zone." Services include technical expertise with bonds, lending, accounting, tax, real estate, contracting and environmental and labor issues, as well as government relations assistance. The GO Alliance includes more than 350 attorneys with a major law firm within each GO Zone state.
Learn more about the GO Alliance
No new charges in Till murder
All but closing the books on a crime that helped give rise to the civil rights movement, a Mississippi grand jury has refused to bring new charges in the 1955 slaying of Emmett Till, a black teenager who was beaten and shot after he whistled at a white woman. The district attorney had sought a manslaughter charge against the woman who was suspected of pointing out Till so her husband could punish him.
The Commercial Appeal has more
Legislative News
Stay current on legislation with TBA updates
The Tennessee General Assembly is tackling a number of bills of interest to Tennessee lawyers this session. Keep up with action on those bills with the TBA legislative Watch and Action lists.
Check out TBA legislative updates
BPR Actions
Nashville lawyer censured
On Feb. 26, the Board of Professional Responsibility publicly censured attorney Ronald Lee Stone Sr. for neglecting his client's case and failing to communicate with his client. The board found he violated Rules 1.3, 1.4, 3.2 and 8.4(a)(d) of the Tennessee Rules of Professional Conduct.
Read the BPR release
Massachusetts lawyer reinstated
Kathryn Connors Soderberg of Melrose has been reinstated to the practice of law in Tennessee after paying the annual BPR fee.
View all attorneys suspended and reinstated for fee violations
TBA Member Services
Discounts from Office Depot
Are you saving yet? Sign up for the TBA-Office Depot Program and begin saving. TBA Members receive significant discounts on office supplies from Office Depot.
Find out more

 
 
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