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Memphis school claims high school mock trial title
St. Mary's Episcopal School of Memphis claimed the state mock trial title on Saturday, defeating Family Christian Academy in the 27th annual Tennessee State High School Mock Trial Competition. The St. Mary's team will now represent Tennessee at nationals in Dallas, May 10-12.
http://www.tba2.org/tbatoday/news/2007/mocktrial_2007.html
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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.
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink
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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List
Court: TSC
http://www.tba2.org/tba_files/TSC/2007/certlist_032607.pdf
ROBERT W. BIBLE, D/B/A CHALET VILLAGE CHALETS v. TED MULLIKIN, ET AL.
Court: TCA
Attorneys:
Ted Mullikin, Gatlinburg, Tennessee, Pro se Appellant.
Boyd W. Venable, III, Sevierville, Tennessee for the Appellee Robert W. Bible d/b/a Chalet Village
Chalets.
Judge: SWINEY
Robert W. Bible d/b/a Chalet Village Chalets ("Plaintiff") sued Ted Mullikin and Ted Mullikin d/b/a
Mountain Rentals of Gatlinburg ("Defendant") alleging, in part, that Defendant was in breach of a
contract for the sale by Plaintiff to Defendant of Plaintiff's chalet rental business. The case was tried
without a jury, and the Trial Court granted Plaintiff a judgment against Defendant for $21,931.35.
Defendant appeals to this Court. We affirm.
http://www.tba2.org/tba_files/TCA/2007/bibler_032707.pdf
CHATTANOOGA RESTAURANT PARTNERSHIP, INC. v. CITY OF CHATTANOOGA BEER BOARD
Court: TCA
Attorneys:
Kenneth O. Fritz, Chattanooga, Tennessee, for the Appellant, City of Chattanooga Beer Board.
Douglas M. Cox, Chattanooga, Tennessee, for the Appellee, Chattanooga Restaurant Partnership,
Inc., d/b/a Chattanooga Food and Drink.
Judge: SWINEY
The City of Chattanooga Beer Board (the "Beer Board") temporarily suspended for seven days the
beer license issued to the Chattanooga Restaurant Partnership d/b/a Chattanooga Food and Drink,
which operates a bar commonly known as "the Drink". The seven day suspension was based on a
finding of two violations of Chattanooga City Code 5-48 (A). The Drink appealed the decision to
the Trial Court. Following a trial de novo, the Trial Court found only one violation of the applicable
ordinance and reduced the suspension to three days. The Trial Court also offered the Drink the
option of paying a $1,500 fine in lieu of the suspension. The Beer Board appeals claiming the Trial
Court erred in finding only one violation of the ordinance and in offering the Drink the option of
paying a fine in lieu of suspension. We affirm.
http://www.tba2.org/tba_files/TCA/2007/chattanoogarestaurant_032607.pdf
STATE OF TENNESSEE, ex rel., LAJAUTA McNEIL DAUDA v. CORRY JAMAL HARRIS
Court: TCA
Attorneys:
Robert E. Cooper, Jr., Attorney General and Reporter; Warren A. Jasper, Assistant Attorney General
for Appellant, State of Tennessee, ex rel. Lajauta McNeil Dauda
Corry Jamal Harris, Pro Se
Judge: CRAWFORD
This is a Title IV-D child support case. The Appellant State of Tennessee ex rel. LaJuanta
McNeil Dauda was granted an order legitimizing the minor child and setting Appellee/Father's child
support obligation going forward. Appellee/Father filed a petition to set aside paternity, which was
denied. Appellee/Father's child support arrears were determined and, thereafter, the child's mother
sought to have Appellee/Father's support obligation suspended and any arrears forgiven. The trial
court granted the motion and the State appeals. We reverse and remand.
http://www.tba2.org/tba_files/TCA/2007/daudal_032607.pdf
KEVIN WAYNE HARLESS v. HOPE ANN WELDON HARLESS
Court: TCA
Attorneys:
Keith A. Hopson, Kingsport, Tennessee, for the appellant, Hope Ann Weldon Harless
Gregory W. Francisco, Kingsport, Tennessee, for the appellee, Kevin Wayne Harless.
Judge: SUSANO
Kevin Wayne Harless ("Father") filed a complaint for divorce against his wife, Hope Ann Weldon
Harless ("Mother"), seeking to dissolve their marriage of some 7 years. Mother answered and filed
a counterclaim. Each of the parties sought to be designated as the primary residential parent of the
parties' three young daughters. A pendente lite order was entered temporarily designating Mother
as the primary residential parent. Following a plenary trial, the court below announced its decision
from the bench, stating it found that the children's best interest would be served by designating
Father as their primary residential parent. Four months passed before a judgment was entered
incorporating the trial court's oral pronouncements. Before the judgment was entered, Mother filed
a petition for contempt, contending that, since the trial court had said that its decree would be
effective when the final judgment was entered, Father was obligated to pay her child support for the
four-month period immediately following the trial court's oral pronouncement of its decision. The
trial court held that Father was under no obligation to pay child support once the court orally decreed
that Father would be the children's primary residential parent. Mother appeals, claiming the
evidence preponderates against the trial court's finding that it was in the children's best interest for
Father to be their primary residential parent. Mother also challenges the trial court's conclusion that
Father was not required to pay child support and alimony during the four-month period immediately
following the court' announcement from the bench. We affirm the trial court's designation of
Father as the children's primary residential parent, but reverse the court's judgment that Father was
not required to pay child support for the four-month period between pronouncement of the decision
and the entry of the final judgment.
http://www.tba2.org/tba_files/TCA/2007/harlessk_032607.pdf
JIMMY ALAN MURPHY, ET AL. v. LAKESIDE MEDICAL CENTER, INC.
Court: TCA
Attorneys:
Mark E. Whittenburg, Chattanooga, Tennessee, for the Appellants, Jimmy Alan Murphy and wife,
Glenda Murphy.
Arthur P. Brock and Timothy J. Millirons, Chattanooga, Tennessee, for the Appellee, Lakeside
Medical Center, Inc.
Judge: LEE
The issue presented in this medical negligence case is whether the Plaintiffs' lawsuit was timely
filed. At the request of Mr. Murphy's employer, physicians at Lakeside Medical Center (the
"Medical Center") performed an annual physical examination, including a hearing test, on Mr.
Murphy for over 20 years. Mr. Murphy was diagnosed with noise-induced hearing loss by an
independent physician on January 21, 2004, and reported this information to his employer the next
day. On February 13, 2004, Mr. Murphy obtained copies of the Medical Center's records indicating
that Mr. Murphy had been experiencing hearing loss at a medically unacceptable rate for the past
eight years. The Plaintiffs, Mr. Murphy and his wife, Glenda Murphy, filed their lawsuit on February
2, 2005, alleging that the Medical Center negligently failed to diagnose and treat Mr. Murphy's
hearing loss over a period of several years, and that the Medical Center fraudulently concealed Mr.
Murphy's hearing loss. The trial court granted the Medical Center's motion for summary judgment,
finding that the Plaintiffs filed their complaint after the one-year statute of limitations had expired.
After careful review, we hold that the Plaintiffs had notice of their claim no later than January 21,
2004, and their lawsuit was not timely filed. We also hold that the Plaintiff's allegation of fraudulent
concealment is without merit. The decision of the trial court is affirmed.
http://www.tba2.org/tba_files/TCA/2007/murphyj_032607.pdf
HARVEY JOE OAKES v. RHONDA GAIL OAKES
Court: TCA
Attorneys:
Jennifer Austin Mitchell, Dunlap, Tennessee, for the appellant, Harvey Joe Oakes.
Cindy A. Howell, Sparta, Tennessee, for the appellee, Rhonda Gail Oakes.
Judge: SUSANO
This is a divorce case. Harvey Joe Oakes ("Husband") appeals, arguing that the trial court erred (1)
in awarding Rhonda Gail Oakes ("Wife") one-half of his military disability benefits; (2) in
classifying a particular vehicle as marital property; (3) by failing to make an equitable division of
the parties' marital estate; (4) in awarding Wife $400 per month in rehabilitative alimony for 36
months; and (5) in awarding Wife attorney's fees. Wife contends that her alimony should be in
futuro rather than rehabilitative. The trial court's award to Wife of one-half of Husband's disability
benefits and its award of attorney's fees are reversed. The court's classification of the subject
vehicle and the court's division of the marital estate is affirmed. The award of alimony is modified,
and, as such, is affirmed.
http://www.tba2.org/tba_files/TCA/2007/oakesh_032607.pdf
NICHOLAS J. RENO, ET AL. v. SUNTRUST, INC., ET AL.
Court: TCA
Attorneys:
Marcia Meredith Eason and Robert F. Parsley, Chattanooga, Tennessee, for the Appellant, SunTrust,
Inc.
Joshua H. Jenne, Cleveland, Tennessee, for the Appellee, Linda Reno.
Judge: LEE
This appeal presents the issue of the enforceability of an arbitration provision contained in a contract
for credit life insurance. After the death of her husband, Linda Reno brought this action to enforce
the credit life insurance agreement entered into between the Renos and SunTrust, Inc. that provided1
for cancellation of the Renos' mortgage debt in the event one of them died. SunTrust filed a motion
to compel arbitration, which the trial court denied, finding the arbitration provision unenforceable.
We hold that the arbitration agreement is supported by the parties' mutual assent, and that it is not
unconscionable. We therefore vacate the trial court's judgment and remand with direction to order
the parties to proceed with arbitration.
http://www.tba2.org/tba_files/TCA/2007/renon_032607.pdf
IN RE T.N.L.W.
Court: TCA
Attorneys:
Benjamin K. Mallicote, Kingsport, Tennessee, for the Appellant, H.C.W.
Robert E. Cooper, Jr., Attorney General and Reporter, and William N. Helou, Assistant Attorney
General, for the Appellee, State of Tennessee, Department of Children's Services.
Judge: LEE
H.C.W. ("Mother" appeals the judgment of the trial court terminating her parental rights to her
child, T.N.L.W. We hold that the evidence preponderates against the trial court's conclusion that
the Tennessee Department of Children's Services ("DCS") proved by clear and convincing evidence
that (1) Mother was in substantial noncompliance with the permanency plan, Tenn. Code Ann. Section 36-
1-113(g)(2); and (2) the conditions that led to the child's removal persist, and are unlikely to be
remedied at an early date, Tenn. Code Ann. Section 36-1-113(g)(3)(A). We reverse the decision of the trial
court and remand with instructions to dismiss the petition to terminate Mother's parental rights.
http://www.tba2.org/tba_files/TCA/2007/tnlw_032607.pdf
STATE OF TENNESSEE v. ROBERT JONATHAN HARRISON
Court: TCCA
Attorneys:
Joseph T. Howell, Jackson, Tennessee, for the Defendant, Robert Jonathan Harrison.
Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General;
James G. (Jerry) Woodall, District Attorney General; Jody S. Pickens, Assistant District Attorney
General, for the Appellee, State of Tennessee.
Judge: HAYES
We have granted this Rule 9 interlocutory appeal from the Chester County Circuit Court for purposes
of clarifying both the appropriate procedure to be employed and the scope of discovery with regard
to obtaining the records and reports of an examining psychiatrist or expert in a competency
proceeding in which the mental health expert will be called as a witness. The Defendant, Robert
Jonathan Harrison, is currently charged with three counts of rape, one count of rape of a child, one
count of attempt to commit rape, and one count of incest. Following an evaluation by the
community mental health center, Harrison was found to be competent to stand trial. A second
competency evaluation was performed by a private clinical psychologist at Harrison's request, and
he was found to be incompetent to stand trial. The State sought, and was granted, a judicial
subpoena pursuant to the provisions of Tennessee Code Annotated section 40-17-123, directing that
the clinical psychologist produce to the State "any and all records" related to the competency
evaluation of Harrison. Harrison then filed a motion to quash the subpoena, which was denied by
the trial court, and this appeal followed. After review, we conclude that the issuance of the judicial
subpoena under the authority of Tennessee Code Annotated section 40-17-123 was error.
Notwithstanding, and in the absence of any specific rule applicable to the issue presented, we hold
that the rules of civil procedure provide appropriate procedures for obtaining disclosure of the
information sought and properly define the scope of the discovery of the examining mental health
expert. Accordingly, we reverse and remand to the trial court for proceedings consistent with this
opinion.
http://www.tba2.org/tba_files/TCCA/2007/harrisonr_032607.pdf
MICHAEL HENDERSON v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Michael Henderson, pro se.
Robert E. Cooper, Jr., Attorney General & Reporter; Michael Moore, Solicitor General; Sophia S.
Lee, Assistant Attorney General, for the appellee, State of Tennessee.
Judge: WILLIAMS
The Petitioner, Michael Henderson, appeals the lower court's denial of his petition for habeas corpus
relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule
20, Rules of the Court of Criminal Appeals. The Petitioner has failed to comply with the procedural
requirements for seeking habeas corpus relief and has failed to allege any ground that would render
the judgment of conviction void. Accordingly, we affirm the trial court's dismissal.
http://www.tba2.org/tba_files/TCCA/2007/hendersonm_032607.pdf
STATE OF TENNESSEE v. ALLEN RAY KENNEDY
Court: TCCA
Attorneys:
Donna Hargrove (at trial) and Andrew Jackson Dearing, III (at trial and on appeal), Shelbyville,
Tennessee, for the appellant, Allen Ray Kennedy.
Robert E. Cooper, Jr., Attorney General and Reporter; Preston Shipp, Assistant Attorney General;
W. Michael McCown, District Attorney General; and Ann L. Filer and Melissa Thomas, Assistant
District Attorneys General, for the appellee, State of Tennessee.
Judge: OGLE
The appellant, Allen Ray Kennedy, pled guilty in the Lincoln County Circuit Court to three counts
of aggravated assault, attempted aggravated kidnapping, attempted carjacking, carjacking, reckless
endangerment, carrying a handgun with the intent to go armed, and driving on a revoked license.
The trial court imposed a total effective sentence of eighteen years incarceration in the Tennessee
Department of Correction. On appeal, the appellant challenges the imposition of consecutive
sentencing. Upon review of the record and the parties' briefs, we conclude that due to the trial
court's errors in sentencing and its failure to make the requisite findings of fact with regard to
consecutive sentencing, the case should be remanded to the trial court for a new sentencing hearing
and for correction of the judgment of conviction for driving on a revoked licence.
http://www.tba2.org/tba_files/TCCA/2007/kennedya_032607.pdf
STATE OF TENNESSEE v. ERIC MAXIE
Court: TCCA
Attorneys:
Robert Wilson Jones, District Public Defender; and Trent Hall and Tony N. Brayton, Assistant
District Public Defenders, for the Appellant, Eric Maxie.
Robert E. Cooper, Jr., Attorney General & Reporter; David H. Findley, Assistant Attorney General;
William L. Gibbons, District Attorney General; and Vanessa King, Assistant District Attorney
General, for the Appellee, State of Tennessee.
Judge: WITT
Indicted for rape of a child, the defendant, Eric Maxie, was convicted by a Shelby County Criminal
Court jury of aggravated sexual battery. He appeals and challenges the sufficiency of the convicting
evidence. Because the record supports the jury's verdict, we affirm the conviction.
http://www.tba2.org/tba_files/TCCA/2007/maxiee_032607.pdf
STATE OF TENNESSEE v. CHRISTOPHER W. NORWOOD
Court: TCCA
Attorneys:
Tusca R.S. Alexis, for the appellant, Christopher Norwood.
Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General;
Ronald L. Davis, District Attorney General; Braden H. Boucek and Mary Katherine White, Assistant
District Attorneys General, for the appellee, State of Tennessee.
Judge: THOMAS
The defendant, Christopher W. Norwood, was convicted by a Williamson County jury of conspiracy
to commit aggravated robbery, a Class C felony, and evading arrest, a Class A misdemeanor. The
trial court imposed a sentence of 2.7 years as a mitigated offender to be served on probation after the
service of sixty days incarceration for the conspiracy offense and a concurrent sentence of eleven
months and twenty-nine days for the evading arrest offense. The defendant argues on appeal that
the trial court abused its discretion in denying him judicial diversion. Upon a full review of the
record, arguments of counsel and applicable law, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2007/norwoodc_032607.pdf
WILLIAM H. STITTS v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
J. Colin Morris, Jackson, Tennessee, for the Appellant, William H. Stitts.
Robert E. Cooper, Jr., Attorney General & Reporter; Sophia S. Lee, Assistant Attorney General;
James G. Woodall, District Attorney General; and Alfred Lynn Earls, Assistant District Attorney
General, for the Appellee, State of Tennessee.
Judge: WITT
Aggrieved of his robbery convictions, the petitioner, William H. Stitts, sought post-conviction relief,
which was denied by the Circuit Court of Madison County after an evidentiary hearing. On appeal,
the petitioner presses his claim that appellate counsel provided ineffective assistance by failing to
ensure that a trial exhibit, a videotape of one of the robberies, was included in the appellate record
on direct appeal. We affirm the denial of post-conviction relief.
http://www.tba2.org/tba_files/TCCA/2007/stittsw_032607.pdf
Worthless Checks/Contract with Private Company for Restitution and Diversion Program
TN Attorney General Opinions
Date: 2007-03-22
Opinion Number: 07-31
http://www.tba2.org/tba_files/AG/2007/ag_07-31.pdf
Ability of airport authority to charge parking fees to handicapped drivers
TN Attorney General Opinions
Date: 2007-03-22
Opinion Number: 07-32
http://www.tba2.org/tba_files/AG/2007/ag_07-32.pdf
Property Tax Relief for the Elderly
TN Attorney General Opinions
Date: 2007-03-23
Opinion Number: 07-33
http://www.tba2.org/tba_files/AG/2007/ag_07-33.pdf
Whether Attorney's Fees for Collecting Delinquent Taxes May Be Used for Other Purposes
TN Attorney General Opinions
Date: 2007-03-23
Opinion Number: 07-34
http://www.tba2.org/tba_files/AG/2007/ag_07-34.pdf
Legality of Lottery Game - Hot Trax Champions
TN Attorney General Opinions
Date: 2007-03-23
Opinion Number: 07-35
http://www.tba2.org/tba_files/AG/2007/ag_07-35.pdf
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| TODAY'S NEWS |
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Legal News
TBA Member Services
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| Legal News |
| Senators question Gonzales' honesty |
| With emails in hand that "appear to contradict" Attorney General Alberto Gonzales' earlier statements that he never participated in conversations about firing federal prosecutors, Sen. Arlen Specter suggested that if that turned out to be correct then "that's a very compelling reason for him not to stay on." Calling it a "make or break" appearance, Specter said he would wait until Gonzalez testifed before the committee April 17 before deciding whether to continue supporting the attorney general. Meanwhile, Democratic Sens. Dianne Feinstein of California and Bill Nelson of Florida said Gonzales should step down. |
The News Sentinel carried this AP story
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| Rove pal set sights on job before it was open |
| Two months before the U.S. attorney in Little Rock was fired, a friend of Karl Rove was working on taking the job, internal e-mails released last week show. The evidence runs contrary to assurances from Attorney General Alberto Gonzales that no such move had been planned. |
Read the story in the Commercial Appeal
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| State's BPR ranked 4th; group questions private sanctions |
| A legal consumer reform group recently ranked Tennessee fourth in the nation among states for its system of disciplining lawyers, but thought not enough of its actions were made public. Tennessee sanctions attorneys in private two times as often as it issues discipline in public, according to the advocacy group HALT, which did the rankings. Chief disciplinary counsel Lance Bracey acknowledged that "we give much more private discipline than in other jurisdictions," but said "we try to address matters while they are acorns rather than oak trees." |
The Times Free Press has more
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| Commissioner 'forgot' to mention possible conflict |
| The chair of the Greene County Commission's Ethics Committee didn't disclose his attorney-client relationship with Greeneville lawyer Robert Foster when a vote about Foster came before the Ethics Committee in January. "I never even thought about it," chair Hilton Seay told The Greeneville Sun. Twice the commission voted on whether to fire Foster each time by 4-to-3 votes; both times Seay voted to keep Foster.
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The Greeneville Sun has the story
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| Ex-Interior exec falls in Abramoff case |
| The former No. 2 official in the Interior Department on Friday admitted lying to the Senate about his relationship with convicted lobbyist Jack Abramoff, the Washington Post reports. Steven Griles is the 10th person -- and the second high-level Bush administration official -- to face criminal charges in the continuing Justice Department investigation into Abramoff's lobbying activities. |
Read the story in the Commercial Appeal
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| Small town gets ready for big trial |
| The small Tennessee town of Selmer is bracing for what some fear will be a "media circus" when the trial of Mary Winkler begins April 9. Winkler is accused of killing her minister-husband, Matthew. |
Read the story in the Tennessean
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| Verizon prevails over Vonage for now |
| A federal judge ruled Friday that internet phone carrier Vonage caused "irreparable harm" to its much-larger competitor, as part of a patent infringement case. Vonage received an injunction, then a temporary reprieve, while the relatively small company scrambled to assure its customers that there would be no service interruptions. |
Read the details in the Commercial Appeal
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