Wilder hospitalized after fall at home

State Senator John Wilder's condition is reportedly improving this afternoon, after he was injured in a fall Thursday night outside his home in Mason. The 85-year-old Wilder is being treated in the Regional Medical Center at Memphis, the Commercial Appeal reports. Wilder's condition has been upgraded from critical to serious.
TODAY'S OPINIONS
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

STATE OF TENNESSEE v. ROBERTO VASQUES, KEVIN JOEL HERNANDEZ, LUIS MARTIN VASQUEZ, HECTOR ALONZO, AND VICTOR HUGO GARZA

Court: TSC

Attorneys:

Paul G. Summers, Attorney General and Reporter; Richard H. Dunavant, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and John C. Zimmerman, Assistant District Attorney General, for the appellant/appellee, State of Tennessee.

Jerry Gonzalez, Nashville, Tennessee, for the appellant, Roberto Vasques. James O. Martin, III, Nashville, Tennessee, for the appellant, Kevin Joel Hernandez. John G. Oliva, Nashville, Tennessee, for the appellee, Luis Martin Vasquez. David M. Hopkins, Nashville, Tennessee, for the appellant, Hector Alonzo. Dwight E. Scott, Nashville, Tennessee, for the appellee, Victor Hugo Garza.

Judge: WADE

Our grant of the applications for permission to appeal filed by the State of Tennessee and certain of the defendants was for the purpose of determining (1) whether the evidence at trial was sufficient to support the convictions for conspiracy to possess with intent to sell more than seventy pounds of marijuana within one thousand feet of a school zone; (2) whether the waiver of lesser-included offense instructions under Tennessee Code Annotated section 40-18-110 violates constitutional principles; and (3) whether the Court of Criminal Appeals applied the proper standard in affirming the grant of coram nobis relief to Vasquez and Garza, reversing the trial court, and denying the relief to Vasques, Hernandez, and Alonzo. We conclude that the trial evidence was sufficient to support the convictions and that the statutory waiver of the entitlement to complete jury instructions does not violate the right to a jury trial or the separation of powers principle. We also hold that Vasquez and Garza are entitled to a new trial based upon newly discovered evidence and that Vasques, Hernandez, and Alonzo are not entitled to coram nobis relief. In consequence, the judgments of the Court of Criminal Appeals are affirmed.

http://www.tba2.org/tba_files/TSC/2007/vasquesr_030907.pdf

Holder concurring and dissenting
http://www.tba2.org/tba_files/TSC/2007/vasques_diss_030907.pdf


ANITA HANEY v. MAGNA INTERNATIONAL, INC., EAGLE BEND MANUFACTURING, INC. and CNA INSURANCE COMPANY

Court: TWCA

Attorneys:

Linda J. Hamilton Mowles, Esq., Knoxville, Tennessee, for Appellants, Magna International, Inc., Eagle Bend Manufacturing, Inc., and CNA Insurance Company.

Roger Lee Ridenour, Esq., Clinton, Tennessee, for Appellee, Anita Haney.

Judge: FRIERSON

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. Section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court awarded the employee benefits based on permanent partial disability awards of fifty percent (50%) to each arm. On appeal, the employer contends that the trial court erred in making the fifty percent (50%) permanent, partial disability awards. The employee contends that she should be awarded damages for a frivolous appeal. We affirm, as modified, the judgment of the trial court.

http://www.tba2.org/tba_files/TSC_WCP/2007/haneya_030907.pdf


PAUL RAY SEATON, ET AL. v. RICHARD ROWE, ET AL.

Court: TCA

Attorneys:

William T. Alt, Chattanooga, Tennessee, for the Appellants, Paul Ray Seaton and John Nolan Seaton.

Joseph H. Crabtree, Jr., Sweetwater, Tennessee, for the Appellee, Richard Rowe, Individually and as Personal Representative of the Estate of Zola G. Howell, et al.

Judge: SWINEY

Carl and Zola Howell leased a 60 acre tract of land to Diversified Systems, Inc. and, because the land was landlocked, a 50-foot easement. The Howells later entered into an option agreement with Paul and John Seaton (the "Seatons"). The option agreement granted the Seatons a ten-year option to purchase over 581 acres of land. The option agreement excepted from the option to purchase the 60 acre tract of land then leased to Diversified Systems, Inc. The issue on appeal concerns whether, in the option agreement, the parties intended to exclude only the 60 acre tract of land, or the 60 acre tract plus the 50-foot easement tract. The Trial Court determined that the exclusion covered both the 60 acre tract and the 50-foot easement tract. We reverse the judgment of the Trial Court and remand for further proceedings.

http://www.tba2.org/tba_files/TCA/2007/seatonp_030907.pdf


TODAY'S NEWS

Legal News
Politics
Legislative News
TBA Member Services

Legal News
FBI improperly used Patriot Act, probe says
The FBI improperly and, in some cases, illegally used the USA Patriot Act to secretly obtain personal information about people in the U.S., a Justice Department audit concluded Friday.
Read the Associated Press account on Law.com
Bush administration bows to pressure following firings
The Bush administration, bowing to an uproar over its firing of eight federal prosecutors, won't oppose legislation changing the rules for replacing them, senators said Thursday.
Read the Associated Press account on Law.com
Legal profession maintains financial strength, report suggests
How did law firms perform in 2006 and what can they look forward to in 2007? Hildebrandt International offers its take on the profession - 2006 was flat for profit growth, but the sixth straight year of financial success for the profession - in a new client advisory report available on its web site. The report predicts healthy revenue growth for 2007, but a slowing of profit growth due to increasing costs. It also forecasts growing competitive market pressures and challenges to the profession's underlying business model.
Read the full report
Court of Judiciary seeks disciplinary counsel
The Court of the Judiciary is seeking a qualified person for the position of disciplinary counsel. The Court of the Judiciary is given broad powers to investigate, hear and determine charges sufficient to warrant discipline or removal of Tennessee judges. Included within the jurisdiction of the Court of Judiciary are all appellate, trial, general sessions, probate, juvenile and municipal judges.
Find out more
Sequestered juries on rise in Shelby, boosting court costs
With the number of murders in Memphis at an all-time high, the number of sequestered juries is also rising, and that's putting pressure on the Shelby County Sheriff's office budget.
Read about it in the Memphis Daily News
Politics
Thompson for president? Bloggers say Baker helping push candidacy
Rumors that former Tennessee Senator Fred Thompson will jump into the presidential election in 2008 have been bouncing around political blogs. Now the Knoxville News Sentinel reports that former Senate Majority Leader Howard Baker Jr. is urging his friend to run and encouraging others to convince him.
Read more in the Knoxville News Sentinel
Legislative News
GOP leadership brings changes to the Hill
With Republicans in charge of the state Senate, a new political "reality" has emerged in the Tennessee General Assembly, the City Paper reports, saying that the early days of legislative action suggest gridlock, mudslinging and maybe some compromise between the Senate and the Democratic-controlled House.
Read the full story
TBA Member Services
Student loans at low rates through SunTrust
The TBA and SunTrust Bank now have a Partnership Program to help alleviate the burden of student loans. Members and their families can consolidate their federal student loans at a special low fixed rate - right now as low as 5.375%. In addition, those with consolidation loans greater than $10,000 are eligible to reduce their interest rate by another 1.5% for on-time payments and automatic debit payments.
Learn more

 
 
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