ABA president asks governor to extend moratorium

ABA president Karen Mathis today called on Gov. Phil Bredesen to extend the moratorium on the death penalty, citing a new report that details problems in the state's use of capital punishment. "This is not a system that delivers justice to the citizens of Tennessee," Mathis said.

A team of Tennessee legal experts, working under the auspices of the ABA Death Penalty Moratorium Implementation Project, reported problems that range from excessive caseloads and inadequate standards for defense counsel to racial disparities and inadequate review of death row inmates' claims of actual innocence. The team concluded that Tennessee's death penalty system is so flawed that a temporary halt in executions should be continued to permit a thorough review of every aspect of capital punishment administration in the state. Read the report and the group's specific recommendations.
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


Court: TCA


Lorraine Wade, Nashville, Tennessee, for the appellant, Kenneth Aibangbee.

Kina Nicole Aibangbee, appellee.


The trial court granted a wife's petition for an order of protection against her husband. The order included a requirement that the husband pay the wife $125 bi-weekly in spousal support. The husband argues on appeal that there was no evidence in the record that the petitioner was disadvantaged or that she needed support. However, in the absence of either a Transcript of the Evidence or of a Statement of the Evidence, we must presume that the trial court received sufficient proof to justify its support order. We therefore affirm the trial court.



Court: TCA


Patricia A. McDade, Franklin, Tennessee, Thomas F. Bloom, Nashville, Tennessee, for the appellant, Katherine McManus.

Mark A. Sexton, Little Rock, Arkansas, for the appellee, Crystal Capital, LLC.


The trial court refused to set aside a default judgment based upon the defendant's delay in filing a motion to set aside. Because the defendant promptly notified the court that she had a meritorious defense, because the only evidence in the record shows the defendant did not willfully ignore the action against her, because the plaintiff has failed to allege or show any prejudice that would result from setting aside the judgment, and because relief should be granted where there is any reasonable doubt that the judgment by default should be set aside, we reverse.


WILLIAM C. KOCH, JR., P.J., M.S., dissenting.


Court: TCA


Clifton B. Sobel, Jr., Nashville, Tennessee, for the Appellant, Dana Nicholle Graham.

J. Todd Faulkner, Nashville, Tennessee, for the Appellee, Christopher Curtis.


Dana Nicholle Graham ("Mother") and Christopher Curtis ("Father") were divorced by the Davidson County Circuit Court which, among other things, designated Mother as the primary residential parent of the parties' minor son. Several years later, Mother filed a request pursuant to Tenn. Code Ann. Section 36-5-3001 et seq., seeking to have the case transferred to the Hamilton County Circuit Court because Mother and the child had lived in Hamilton County for more than six months and because Father no longer lived in Davidson County. The Trial Court denied the request to transfer because, in the Trial Court's opinion, Mother was "forum shopping." Mother appeals claiming the Trial Court erred in not granting her request for transfer. We agree with Mother and reverse the judgment of the Trial Court.


DOUG SATTERFIELD, As Personal Representative of the Estate of Amanda Nicole Satterfield, Deceased v. BREEDING INSULATION COMPANY, INC., and ALCOA INC., f/k/a ALUMINUM COMPANY OF AMERICA

Court: TCA


Gregory F. Coleman, Knoxville, Tennessee, for appellant.

John A. Lucas, John T. Winemiller, Thomas Hale, and Harry Douglas Nichol, Knoxville, Tennessee, and John Charles Thomas, Hunton & Williams, LLP., Richmond, Virginia, for appellee.


Plaintiff's Action alleged that as a child she was exposed to her father's clothing which was contaminated in his workplace with defendant, and that defendant knew the contamination was toxic and would cause injuries. She further alleged that as a child she was exposed to her father's contaminated clothing on a regular basis, causing her terminal illness. After the Complaint was filed plaintiff died and her father was named as party-plaintiff as the personal representative of her Estate. The pleadings were amended to plead a wrongful death action. The Trial Court, responding to a Tenn. Rules Civ. P. 12 Motion, dismissed the action for failure to state a cause of action and plaintiff has appealed. On appeal, we reverse the Trial Court and reinstate the action for further proceedings.



Court: TCA


Samuel J. Harris, and Martelia T. Crawford, Cookeville, Tennessee, for the appellant, Vince Harriman.

Henry D. Fincher, Cookeville, Tennessee, for the appellees, Cynthia Ogeltree and Wayne Ogletree.

Judge: CAIN

Father filed petition to change custody four months after juvenile court awarded "full" custody of minor child to grandparents after finding the child dependent and neglected. No appeal was perfected from this order finding the child dependent and neglected. After juvenile court construed its order as having awarded grandparents permanent custody, Father dismissed his petition for change of custody and filed a Rule 60 motion to set aside the original dependency, neglect and custody order. The juvenile court denied the motion and Father appealed to this Court. We remanded the case to circuit court, which affirmed the order of the juvenile court and denied the Rule 60 motion. Father appeals. The decision of the trial court is affirmed.


Payroll Deduction Under Tenn. Code Ann. Section 8-23-204(a)(2) for Personal Computers Purchased Through a Tennessee State Employees' Association Program

TN Attorney General Opinions

Date: 2007-04-20

Opinion Number: 07-53


Whether Senate Bill 1228 is constitutional or violates any ethics laws

TN Attorney General Opinions

Date: 2007-04-23

Opinion Number: 07-54



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