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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.

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

STATE OF TENNESSEE v. ARTHUR BUFORD

Court: TSC

Attorneys:

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Jennifer L. Bledsoe, Assistant Attorney General; William L. Gibbons, District Attorney General; and Michelle Parks, Assistant District Attorney General, for the appellant, State of Tennessee

Ross A. Sampson, Memphis, Tennessee, for the appellee, Arthur Buford III

Judge: HOLDER

We granted this appeal of the defendant's perjury conviction to determine whether the prosecutor must prove which of the defendant's two inconsistent statements was false. We hold that pursuant to Tennessee Code Annotated section 39-16-707 (1997), the prosecutor was not required to prove which of the two statements made by the defendant was false. Therefore, the State was relieved of any election requirement, and no enhanced unanimity instruction was warranted. We also hold that the evidence was sufficient to support the defendant's perjury conviction and that the trial court properly allowed the defendant's trial counsel to testify.

http://www.tba2.org/tba_files/TSC/2007/buforda_031907.pdf


HELEN L. BATES v. JAMES G. NEELEY, COMMISSIONER OF THE TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT, ET AL.

Court: TCA

Attorneys:

David Kozlowski, Columbia, Tennessee, for the appellant, Helen L. Bates

Robert E. Cooper, Jr., Attorney General and Reporter; and Lauren S. Lamberth, Assistant Attorney General, for the State of Tennessee

Judge: CLEMENT

A former employee of the Highland Youth Center appeals the denial of her claim for unemployment benefits. The employee was subjected to a severe assault while at work at the youth center. She attempted to return to work after the incident but was unable to remain at work due to the severe psychological trauma associated with the assault at the workplace. She filed a claim for unemployment benefits, which was denied by the Department of Labor, the Appeals Tribunal, and the Board of Review on the ground she did not have "good cause" to terminate her employment. The Chancery Court affirmed the denial of benefits, and this appeal followed. We reverse finding the employee had good cause for terminating her employment at the Highland Youth Center.

http://www.tba2.org/tba_files/TCA/2007/batesh_031907.pdf


M. EILEEN LINGLE v. FORTIS HEALTH INSURANCE COMPANY

Court: TCA

Attorneys:

Ronald J. Berke, Chattanooga, Tennessee, for appellant

L. Marshall Albritton and Emily H. Wilburn, Nashville, Tennessee, for appellee

Judge: FRANKS

The Trial Court granted defendant summary judgment on the ground that the medical bills incurred by plaintiff were excluded from coverage under the health insurance provided by defendant. On appeal, we vacate the summary judgment and remand.

http://www.tba2.org/tba_files/TCA/2007/linglem_031907.pdf


JONATHAN D. REED v. TOWN OF LOUISVILLE

Court: TCA

Attorneys:

Jonathan D. Reed, Knoxville, Tennessee, pro se

Reid A. Spaulding, Knoxville, Tennessee, for appellee

Judge: FRANKS

The Trial Court dismissed plaintiff's Declaratory Judgment Action on the grounds that all necessary parties weren't included. On appeal, we affirm.

http://www.tba2.org/tba_files/TCA/2007/reedj_031907.pdf


TODAY'S NEWS

Legal News
Legislative News
BPR Actions

Legal News
Firing of prosecutors continues to make news
The Justice Department's firing of eight U.S. Attorneys continues to cause problems for Attorney General Alberto Gonzales and the White House. Here's a roundup of the latest news developments:
The Tennessean reports that Republicans on Capital Hill are turning up the heat on Gonzales,
who has apologized to the nation's U.S. Attorneys, according to the News Sentinel.

Still, some columnists suggest that his future remains cloudy. And the Jackson Sun becomes the first Tennessee paper to call for Gonzalez to step down.
Read the editorial
Civil rights group joins TennCare fight
The Southern Poverty Law Center, a civil rights law firm, is lending its weight to the Tennessee Justice Center's fight to keep people enrolled in TennCare. The center is funding a Nashville attorney to help fight the state's plan to cut enrollment in the program.
The Memphis Business Journal reports on the partnership
Council's utility probe hits roadblock
Lawyers hired by the Memphis City Council have been trying to interview Joseph Lee, president and CEO of Memphis Light, Gas and Water Division as part of an independent probe into the utility accounts of Councilman Edmund Ford. Lee, however, has rejected council inquiries saying he will consider cooperating only after an FBI investigation has concluded. In related news, the Commercial Appeal reported over the weekend that Ford used considerable influence to secure the MLGW post for Lee.
Read more on that story
Judge responds to gang issue
Chattanooga City Judge Russell Bean recently responded to Judge Bob Moon's editorial about the gang problem in Chattanooga on Chattanoogan.com. He agrees with Moon that gangs pose a tremendous problem for the city, but disagrees that community leaders are not committed to fixing it.
Read his suggestions on what to do
Cocke committee approves elected juvenile clerk
The Cocke County Legislative Body's General Committee recently approved creation of an elected county juvenile court clerk position and voted to use litigation taxes collected from the general sessions and juvenile courts to fund the post. The measure now must be approved by the county body.
The Newport Plain Talk has more
Joint criminal justice program under discussion
Tennessee State University and Motlow State Community College are considering joining forces on a program that would allow students to earn a four-year degree in criminal justice from TSU by attending the Motlow campus in Moore County. Read the report in
The Shelbyville Times Gazette
Attorney: March plot implausible
One of Perry March's attorneys described as "implausible" media reports that the former Nashville lawyer is under investigation for plotting a prison escape. "He doesn't have a lot of resources at his disposal," said lawyer John Herbison. Nashville's News Channel 5 recently reported that the escape plot was behind March's move to a maximum security facility earlier this month.
Read more
Legislative News
Senator surrenders on DUI charge
State Sen. Jerry Cooper surrendered today on a drunken driving warrant that shows his blood-alcohol level was 0.18 percent in a Feb. 7 wreck that left him injured and delayed his federal land fraud trial.
Read more in the Times Free Press
BPR Actions
Attorneys reinstated after completing CLE
Tracey Coleman Conley of Ft. Worth, who was suspended in 2006, and Pamela Williams Guthrie of Collierville, who was suspended in 2000, were reinstated to the practice of law after completing CLE requirements.
View a list of all attorneys suspended and reinstated in 2006

 
 
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