Enhance your skills in dealing with business issues

Young lawyers interested in building the skills needed to help business clients will get that information and more at the TennBarU/YLD Skills Enhancement Seminar coming March 14 to Knoxville, Nashville, Memphis and Chattanooga. The class is designed to provide an introduction to the basics of business law, including such topics as choosing the appropriate form of business entity, organizing a business and operating an on-going business. Learn more or register today.

https://www.tba2.org/tennbaru/skills_03_14_2007.html

TODAY'S OPINIONS
Click on the category of your choice to view summaries of today’s opinions from that court, or other body. A link at the end of each case summary will let you download the full opinion in PDF format. To search all opinions in the TBALink database, go to our OpinionSearch page. If you have forgotten your password or need to obtain a password, you can look it up on TBALink at http://www.tba.org/getpassword.mgi.

02 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
02 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi

Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then open them from there. Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

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

CITY OF MEMPHIS, a Municipal Corporation v. THE CIVIL SERVICE COMMISSION OF THE CITY OF MEMPHIS ET AL.

Court: TSC

Attorneys:

Thomas E. Hansom and Leigh H. Thomas, Memphis, Tennessee, for the appellant, Jack Vincent.

Sara L. Hall, City Attorney, and Gerald T. Thornton and Carmalita Carletos-Drayton, Assistant City Attorneys, for the appellee, City of Memphis.

Judge: WADE

After an internal administrative hearing, the appellee, the City of Memphis ("the City"), discharged Police Officer Jack Vincent ("Vincent"), the appellant. The Civil Service Commission ("the Commission") heard Vincent's appeal, ruled that the termination was not reasonable, and ordered reinstatement with full back pay and benefits. Subsequently, the City filed a petition for writ of certiorari challenging the decision of the Commission. The Chancery Court reviewed the record and affirmed the Commission. On direct appeal, however, the Court of Appeals reversed, holding that Vincent was lawfully terminated. We granted an application for permission to appeal to ascertain whether substantial or material evidence supported the decisions of the Commission and the Chancery Court. Because it is our view that there was no substantial or material evidence supporting the reinstatement of Vincent, we affirm the judgment of the Court of Appeals.

http://www.tba2.org/tba_files/TSC/2007/cityofmemphis_030207.pdf


STEVEN A. EDWARDS ET AL. v. NANCY ALLEN ET AL.

Court: TSC

Attorneys:

D. Randall Mantooth and Mark W. Honeycutt, II, Nashville, Tennessee, for appellant, Nancy Allen, Rutherford County Executive and Granville Sumner R. Bouldin, Jr., Murfreesboro, Tennessee, for the appellants, Tommy E. Jackson and Susanne Jackson.

Frank M. Fly and Kerry Knox, Murfreesboro, Tennessee, for appellees, Steven A. Edwards, Sally Edwards, Fran Lovell, Tonia Nadeau, and JoAnne M. Batey.

Judge: WADE

The Plaintiffs, who own property adjacent to a shooting range, sought declaratory relief from the Defendant property owners and leaseholders of the range. Rutherford County, whose board of commission had passed a resolution to reclassify the property in 1992 to permit usage as a range, was joined as a Defendant. The chancellor ruled that the action was barred by the statute of limitations and granted motions to dismiss filed by each of the Defendants. The Court of Appeals reversed, holding that the county resolution reclassifying the property was void. We granted this appeal to consider whether the reclassification qualified as a rezoning amendment; if so, whether the deviation by the Rutherford County legislative body from the issue considered by its planning commission subjected the ordinance to a declaration of void ab initio; and, finally, whether the record establishes circumstances which might preclude the Plaintiffs from a remedy. Because the reclassification qualified as a zoning amendment, the deviation by the county from the proposal before the planning commission was substantial, and because there are no circumstances in the record which might preclude the Plaintiffs relief, the judgment of the Court of Appeals is affirmed, and the cause is remanded to the chancery court.

http://www.tba2.org/tba_files/TSC/2007/edwardss_030207.pdf


CAROLYN JEAN GAMBLE and CAROLYN JEAN GAMBLE on behalf of Deceased, GEORGE GAMBLE v. LENETTE PERRA, M.D., BAPTIST HOSPICE, BAPTIST HOSPITAL OF EAST TENNESSEE, PIERCE ALEXANDER, M.D., HILLCREST WEST ON MIDDLEBROOK PIKE, CAROLYN SUE TOWNSEND, R.N., of HOSPICE, JAMES WORDEN, DIRECTOR OF BAPTIST HOSPICE Corrected Opinion

Court: TCA

Attorneys:

Carolyn Gamble, Knoxville, Tennessee, pro se.

Wynne C. Hall and Joshua R. Walker, Knoxville, Tennessee, for appellee, Lenette Perra, M.D. Gary G. Spangler and Zachariah N. Stansell, Knoxville, Tennessee, for appellees, Baptist Hospital of East Tennessee and Sue Townsend, R.N. Debra A. Thompson, Knoxville, Tennessee, for appellee, Dr. Brian Hughes. Stephen C. Daves and P. Alexander Vogel, Knoxville, Tennessee, for appellee, James Worden, M.D. James H. London and Mark A. Castleberry, Knoxville, Tennessee, for appellee, Pierce Alexander, M.D.

Judge: FRANKS

Plaintiff sued defendants alleging their negligence caused the wrongful death of her husband. The Trial Court granted defendants summary judgment on the grounds that plaintiff's responses did not raise any disputed issues of material fact. We affirm.

http://www.tba2.org/tba_files/TCA/2007/gamblec_corr_030207.pdf


REGINALD NAIRON v. HORACE JOEL HOLLAND, ET AL.

Court: TCA

Attorneys:

David H. King, Franklin, Tennessee, for the appellant, Reginald Nairon.

Katherine A. Austin, Nashville, Tennessee, for the appellees, Horace Joel Holland and Holland Medical Equipment, Inc.

Judge: SUSANO

Reginald Nairon brought this action against Horace Joel Holland and Holland Medical Equipment, Inc., claiming intentional infliction of emotional distress and invasion of privacy resulting from "harassing and abusive" telephone calls made to the plaintiff by Mr. Holland and others connected with him. The trial court granted the defendants summary judgement. The plaintiff appeals. We vacate the trial court's grant of summary judgment and remand for further proceedings.

http://www.tba2.org/tba_files/TCA/2007/naironr_030207.pdf


DOUGLAS B. BORUFF v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Julie A. Rice, Knoxville, Tennessee (on appeal), and Mike Hickman, Maryville, Tennessee (at post-conviction hearing), for the appellant, Douglas B. Boruff.

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Robert L. Headrick, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The petitioner, Douglas B. Boruff, appeals the order dismissing his petition for post-conviction relief, arguing that he received the ineffective assistance of counsel at trial. Following our review, we affirm the post-conviction courtís order of dismissal.

http://www.tba2.org/tba_files/TCCA/2007/boruffd_030207.pdf


STATE OF TENNESSEE v. HOWARD GAILAND BRUFF STATE OF TENNESSEE v. HOWARD GAILAND BRUFF

Court: TCCA

Attorneys:

Thomas D. Beesley, Crossville, Tennessee, for the appellant, Howard Gailand Bruff.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; William Edward Gibson, District Attorney General; Gary McKenzie, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The defendant, Howard Gailand Bruff, was convicted of first degree premeditated murder, felony murder, and especially aggravated robbery. The murder convictions were merged, and the defendant received concurrent sentences of life and twenty-five years in prison. On appeal, the defendant contends that the evidence was insufficient to establish his convictions because the circumstantial evidence was not sufficient to prove his identity as the assailant, that he committed a theft against the victim, that he had the requisite intent to rob the victim to be convicted of felony murder, or that he killed the victim with premeditation. We conclude that the evidence is sufficient, and we affirm the judgments of the trial court.

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


TODAY'S NEWS

Legal News
Legislative News
Passages
BPR Actions
TBA Member Services

Legal News
Memphis mayor defends embattled utility chief
Memphis Mayor Willie Herenton refused to accept a letter of resignation from embattled Memphis Light, Gas and Water Division President and CEO Joseph Lee, instead saying that Lee was the victim of a media witch hunt. "To have The Commercial Appeal, (City Council members) Myron Lowery, Carol Chumney, all in concert calling for the resignation of Joseph Lee, speaks to an array of evil. I will not participate in that," Herenton said. Federal authorities are looking into why MLGW employees protected City Councilman Edmund Ford's business and residential utility services from disconnection even though he owed more than $16,000 on three accounts.
Read more in the Commercial Appeal
MLGW records show that in addition to Councilman Ford, it provided special treatment to two other politically powerful Memphians with problems paying their utility bills: state Rep. John DeBerry and Criminal Court Judge W. Otis Higgs Jr.
The Commercial Appeal has more
Taking to the airwaves to defend the MLGW chief, Mayor Herenton said he suspected Lee was being "sabotaged internally" at the city-owned utility and called for an investigation into the meter reading and billing practices at the utility.
The Commercial Appeal has more
Fired U.S. Attorneys subpoenaed by House subcommittee
A House committee is compelling four of at least eight U.S. Attorneys ousted from office in recent months to tell their stories under oath, after one prosecutor said he believes he was fired for political reasons.
Read the Associated Press account on Law.com
Court appears divided in faith-based case
Oral arguments in the first church-state-related case to be heard by the newly constituted Roberts Court suggest that the justices are no less divided or perplexed by First Amendment issues and precedents than was the Rehnquist Court.
Read more analysis from the First Amendment Center
Legislative News
Lawmakers like crime fighting proposal, but not its cost
Legislative leaders say they like the concept behind anti-crime bills being promoted by the Tennessee Public Safety Coalition, although some have misgivings about the high cost to taxpayers. Collectively, the total cost of the legislation could surpass $70 million.
Read about it in the Knoxville News Sentinel
Passages
Kingsport attorney Cary Taylor dead at 58
Cary Cornell Taylor Sr., 58, died Sunday at Wellmont Holston Valley Medical Center. A graduate of Mars Hill College and the University of Memphis School of Law, Taylor was a practicing attorney for 32 years, including service as Juvenile Judge of Kingsport. Services were held Thursday at the First Baptist Church, with burial this morning at Oak Hill Memorial Park.
Read the full obituary
BPR Actions
Nashville lawyer reinstated
Nashville lawyer Rex E. Leatherwood was removed from disability inactive status and reinstated to the practice of law on the conditions that he comply with a monitoring/advocacy agreement with the Tennessee Lawyers Assistance Program, comply with a law practice monitoring/mentoring agreement and comply with all requirements of the Commission on Continuing Legal Education.
Read the BPR release
TBA Member Services
Have you activated your FedEx shipping discounts?
TBA members are entitled to discounts on FedEx shipping. Did you know that TBA members are saving an average of $83 per quarter by utilizing their FedEx Association Advantage program discounts? Here's what some members have to say about their FedEx savings:

"Our firm took advantage of the Tennessee Bar Association FedEx discounts and saved over $200 on FedEx Express shipments last quarter alone. It's the best $200 we've ever saved," says member Bill Cameron of Cameron & Young in Cookeville. Start saving on your shipments today! For more information on how to enroll, call 1-800-923-7089 or
visit the TBA Web site

 
 
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