Sign up now for 'Anatomy of an Acquittal' CLE

How do experienced criminal law practitioners break down a case to win an acquittal? Find out from some of the best at the upcoming "Anatomy of an Acquittal" CLE April 20 at the Tennessee Bar Center in Nashville. Using a hypothetical vehicular homicide, attorneys Ed Yarbrough, Roger May and Hal Hardin will look at each critical stage of the proceeding, including how to deploy a theme and examination of experts. Providing insights into the case from the state's perspective will be District Attorney General Tommy Thompson.

https://www.tba2.org/tennbaru/acquittal_042007.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.

00 - TN Supreme Court
03 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
01 - TN Court of Appeals
04 - TN Court of Criminal Appeals
01 - 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

TRACY BROWN-HARPER v. NISSAN NORTH AMERICA, INC.

Court: TWCA

Attorneys:

Van French, Murfreesboro, Tennessee, for the appellant, Nissan North America, Inc.

Neal Agee, Jr., Lebanon, Tennessee, for the appellee, Tracy Brown-Harper. Neal Agee, Jr., Lebanon, Tennessee, for the appellee, Tracy Brown-Harper.

Judge: SHIPLEY

This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer Nissan North America, Inc., asserts that the trial court erred by awarding benefits based on a 4% anatomical and 48% vocational disability rating to the lower right extremity to the employee, Tracy Brown-Harper. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TSC_WCP/2007/brownh_031607.pdf


STEVE JOHNSON V. PASMINCO ZINC, INC.

Court: TWCA

Attorneys:

Frederick J. Bissinger and Emil L. Storey, Jr., Wimberly, Lawson, Seale, Wright & Daves, PLLC, Nashville, Tennessee, for the Appellant, Pasminco Zinc, Inc.

Richard Lane Moore, Moore, Rader, Clift and Fitzpatrick, P.C., Cookeville, Tennessee, for the Appellee, Steve Johnson.

Judge: BIVENS

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated Section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The trial court found that the employee was entitled to a permanent partial disability award of fifty-five percent (55%) to the left upper extremity for an injury to his left arm and twelve percent (12%) to the body as a whole for loss of hearing and tinnitus. The employer contends that the evidence preponderates against both of these awards. The employee claims that this appeal is frivolous. We affirm the trial court on both awards, but conclude that the appeal is not frivolous.

http://www.tba2.org/tba_files/TSC_WCP/2007/johnsonp_031607.pdf


FABIAN TIMMONS V. TAYLOR FARMS TENNESSEE, INC. AND ZURICH AMERICAN INSURANCE COMPANY

Court: TWCA

Attorneys:

C. Douglas Dooley and Sean W. Martin, Chattanooga, Tennessee, for the appellant, Taylor Farms Tennessee, Inc. and Zurich American Insurance Company.

Alan D. Johnson, Nashville, Tennessee and Steve Winningham, Chattanooga, Tennessee, for the appellee, Fabian Timmons.

Judge: DANIEL

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court findings of fact and conclusions of law. The employer, Taylor Farms Tennessee, Inc., and Zurich American Insurance Company, have appealed the trial court's award of 50% whole body impairment to Mr. Timmons. It is the appellant's contention that expert medical testimony fails to support the trial court's finding that Mr. Timmons' hip condition was aggravated or advanced permanently by the work-related injury. After carefully considering the record, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TSC_WCP/2007/timmons_031607.pdf


CROSSLEY CONSTRUCTION CORPORATION v. NATIONAL FIRE INSURANCE COMPANY OF HARTFORD

Court: TCA

Attorneys:

Richard D. Plumley, Knoxville, Tennessee for the Appellant, Crossley Construction Corporation.

James L. Werner and Michael E. Kozlarek, Columbia, South Carolina and Dan D. Rhea, Knoxville, Tennessee for the Appellee, National Fire Insurance Company of Hartford.

Judge: SWINEY

Crossley Construction Corporation ("Plaintiff") sued National Fire Insurance Company of Hartford ("Defendant") and Sequatchie Concrete Service for claims related to a payment and performance bond issued by Defendant for construction of a residence hall for Western Carolina University ("WCU Project"). Defendant filed a motion for summary judgment, which the Trial Court granted. Plaintiff appeals claiming that the Trial Court erred in granting summary judgment on its promissory fraud claim, its claim for punitive damages for the promissory fraud, and its claim under the Tennessee Consumer Protection Act of 1977, Tenn. Code Ann. Section 47-18-101, et seq. We affirm.

http://www.tba2.org/tba_files/TCA/2007/crossleyc_031607.pdf


MICHAEL J. HART v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Mike Mosier, Jackson, Tennessee, for the Appellant, Michael J. Hart.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; Jerry Woodall, District Attorney General; and Al Earls, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

The Appellant, Michael J. Hart, appeals the denial of his petition for post-conviction relief by the Madison County Circuit Court. Hart pled guilty to first degree felony murder, aggravated robbery, and felony evading arrest, and received an effective sentence of life without parole. On appeal, Hart contends that his pleas were not knowingly and voluntarily entered due to trial counsel's ineffectiveness during the pre-plea proceedings. Following review, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2007/hartm_031607.pdf


RICKEY HOGAN v. TONY PARKER, WARDEN

Court: TCCA

Attorneys:

Rickey Hogan, Henning, Tennessee, pro se.

Robert E. Cooper, Jr., Attorney General and Reporter; and David H. Findley, Assistant Attorney General; and Elizabeth T. Rice, District Attorney General, for the appellee, State of Tennessee.

Judge: WOODALL

Petitioner, Rickey Hogan, appeals the order dismissing his petition for a writ of habeas corpus, raising two issues: (1) whether his concurrent, forty-year sentences, imposed in 1985 for robbery with a deadly weapon and second degree murder, are void; and (2) whether the Department of Correction has miscalculated the expiration date of his sentences. Following our review, we affirm the habeas corpus court's order of dismissal.

http://www.tba2.org/tba_files/TCCA/2007/hoganr_031607.pdf


JOSEPH HOUGH v. HOWARD CARLTON, WARDEN, and the

Court: TCCA

Attorneys:

Joseph Hough, Mountain City, Tennessee, pro se.

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

Judge: WITT

The petitioner, Joseph Hough, appeals the trial court's denying his petition for writ of habeas corpus. The State has filed a motion requesting that this court affirm the trial court's order pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petition presents no cognizable claim for habeas corpus relief. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2007/houghj_031607.pdf


JEROME SAWYER v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Robert Wilson Jones, District Public Defender; Phyllis Aluko, Assistant Public Defender; and Michael Johnson, Assistant Public Defender, Memphis, Tennessee, for the appellant, Jerome Sawyer.

Robert E. Cooper, Jr., Attorney General and Reporter; Brian Clay Johnson, Assistant Attorney General; William L. Gibbons, District Attorney General; and Scot Bearup, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Following a jury trial, Petitioner, Jerome Sawyer, was convicted of aggravated sexual battery and sentenced to eighteen years in the Department of Correction as a Range II, multiple offender. This Court affirmed his conviction. Petitioner then filed a petition for post-conviction relief. After appointing counsel and conducting several hearings, the trial court denied his petition for post-conviction relief. In his appeal, Petitioner argues that he is entitled to post-conviction relief because (1) trial counsel provided ineffective assistance of counsel, and (2) the post-conviction court improperly allowed trial counsel to be examined outside of Petitioners presence. After a thorough review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/sawyerJ_031607.pdf


Sale of Land by the City of Tullahoma to Marcum Capital

TN Attorney General Opinions

Date: 2007-03-15

Opinion Number: 07-30

http://www.tba2.org/tba_files/AG/2007/ag_07-30.pdf

TODAY'S NEWS

Supreme Court Watch
Legal News
Legislative News
TBA Member Services

Supreme Court Watch
16 candidates seek Supreme Court post
The Tennessee Judicial Selection Commission will consider 16 applicants for the open seat on the Tennessee Supreme Court when it meets on Friday, April 13. No additional candidates applied for the position today.
See a full list of candidates
Legal News
Parents get first meeting with daughter after custody fight
The parents of 8-year-old Anna Mae He had their first meeting with their daughter after a seven-year custody battle that ended with a recent Tennessee Supreme Court decision favoring the Hes. The 90-minute visit was supervised by a lawyer and psychologist appointed by the Juvenile Court in Memphis. It was a first step in reuniting the girl with her parents.
Read more in the Knoxville News Sentinel
Rove emails add pressure on Gonzales
Atty. Gen. Alberto Gonzales faces more pressure to resign as new evidence suggestes that he and presidential adviser Karl Rove played bigger roles in developing plans to fire U.S. attorneys than they've acknowledged.
Read more in the Commercial Appeal
Siegel always knew he wanted to be a lawyer
Memphis attorney David Siegel says he knew he wanted to be a lawyer when he was in the seventh grade. In an interview with Memphis Law Talk, he also reveals why he loves his job and being a part of the legal profession.
Read the interview in the Memphis Daily News
Officials get training on Open Meetings law
A class of about 50 East Tennessee public officials got guidance in dealing with the state's Open Meetings Act during a Thursday ethics training session. The topic is a timely one for some Knox County officials, who face a lawsuit filed by News Sentinel Editor Jack McElroy alleging that Knox County commissioners violated the sunshine law before and during a Jan. 31 meeting in which they appointed 12 replacement officeholders.
Read more in the Knoxville News Sentinel
Legislative News
Does Senate change with Williams as an independent?
How will the dynamics of the Tennessee General Assembly change following the defection of State Sen. Mike Williams from the Republican party? Well, the Nashville City Paper says, it depends on who you ask.
Read more in the City Paper
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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