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Join Arthur Miller as he explores privacy and technology
Join author, legal correspondent and Harvard Law School Professor Arthur Miller as he moderates a distinguished panel of experts in examining the state of American law in light of potential and actual threats to privacy posed by emerging technology. Register now for this special June 6 TennBarU CLE luncheon program in Nashville.
https://www.tnbaru.com/CLE/catalog_course_details.php?course=5083
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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.
00 - TN Supreme Court
01 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
07 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
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All methods require a TBA username and password. If you have forgotten your password or need to obtain a password,
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Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then
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This option will allow you to download the original version of the opinion.
Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink
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SHARON NORRIS LITTLE vs. AEROSPACE CENTER SUPPORT, AS A JOINT VENTURE OF COMPUTER SCIENCE CORPORATION, AND UNITED REGIONAL MEDICAL CENTER vs. AMERICAN INTERNATIONAL GROUP, INC.
Court: TWCA
Attorneys:
Charles W. Dooley, Esq. and Carmen Y. Ware, Esq., Pioneer Building, 801 Broad Street, Third
Floor, Chattanooga, Tennessee 37402-2621, for the Appellant, American International Group, Inc.
Robert G. Norred, Jr., Esq., Spears, Moore, Rebman & Williams, Chattanooga, Tennessee, for the
Appellee, Sharon Norris Little.
Clancy J. Covert, Esq., Luther-Anderson, PLLP, Chattanooga, Tennessee, for the Appellee,
Aerospace Center Support, pursuant to its contract with CNA Insurance Co.
Robert R. Davies, Esq., Davies, Humphreys & Evans, PLC, Nashville, Tennessee, for the Appellee,
United Regional Medical Center.
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 employee suffered carpal
tunnel injuries to both upper extremities. The trial court found that the employee was entitled to a
permanent partial disability award of 30% to each upper extremity. The trial court assigned liability
for the benefits upon the last insurer for the employee's previous employer, finding that the
employee's condition had not been aggravated or advanced by her job duties with her subsequent
employer. The insurance company appealed. We affirm the trial court in all respects.
http://www.tba2.org/tba_files/TSC_WCP/2007/littles_051007.pdf
AL WATSON, ET AL. v. CITY OF LAVERGNE, TENNESSEE
Court: TCA
Attorneys:
William N. Bates, Nashville, Tennessee, for the appellant, City of LaVergne.
David L. Cooper, Nashville, Tennessee, for the appellees, Al Watson, Milton Bowling, and
Diane Ferguson.
Judge: COTTRELL
The termination of city employees challenged under a writ of certiorari is affirmed because the
city's decision to terminate the at will employees was not arbitrary. The trial court's award of
severance benefits to the terminated employees is reversed because a direct cause of action may
not be joined with a common law writ of certiorari action.
http://www.tba2.org/tba_files/TCA/2007/cityoflavergneCORR_051007.pdf
PHILLIPS CONTRACTOR'S AND MANAGEMENT, LLC v. STEALTH GROUP, LLC, ET AL.
Court: TCA
Attorneys:
H. Douglas Nichol and Harold C. Wimberly, Knoxville, Tennessee, for the appellants, Stealth
Group, LLC; Double T. Builders, LLC; and Dave Burleson Construction Company.
Van R. Michael, Sweetwater, Tennessee; and Edwin H. Arnold, Loudon, Tennessee, for the
appellee, Phillips Contractor's and Management, LLC.
Judge: LEE
In this breach of contract case, the trial court awarded the plaintiff contractor the remaining gross
balance due under its construction contract with the defendants. Upon our determination that the
award of damages should have been the plaintiff's lost net profits, we vacate the trial court's
judgment and remand.
http://www.tba2.org/tba_files/TCA/2007/phillipscontractors_051007.pdf
TERRANCE BURNETT v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Terrance Burnett, Pro Se, Whiteville, Tennessee.
Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General,
for the Appellee, State of Tennessee.
Judge: HAYES
The Appellant, Terrance Burnett, proceeding pro se, appeals the Lauderdale County Circuit Court's
dismissal of his petition seeking DNA analysis under the Post-Conviction DNA Analysis Act of
2001. On appeal, Burnett argues that the trial court's summary dismissal of his petition was error.
Finding no error, the judgment is affirmed.
http://www.tba2.org/tba_files/TCCA/2007/burnettt_051007.pdf
STATE OF TENNESSEE v. ERIC MICHAEL GOLDMAN
Court: TCCA
Attorneys:
Michael J. Collins, Assistant Public Defender, Shelbyville, Tennessee, for the Appellant, Eric
Michael Goldman.
Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General;
W. Michael McCown, District Attorney General; and Weakley E. Barnard, Assistant District
Attorney General, for the Appellee, State of Tennessee.
Judge: HAYES
The Appellant, Eric Michael Goldman, was convicted by a Marshall County jury of misdemeanor
reckless endangerment and public intoxication and received sentences of eleven months and twentynine
days and thirty days, respectively. On appeal, the Appellant raises the single issue of sufficiency
of the evidence. After review, the judgments of the trial court are affirmed.
http://www.tba2.org/tba_files/TCCA/2007/goldmane_051007.pdf
IN RE: PETITION OF THOMAS PORTER, d/b/a AA/AAA BONDING COMPANY
Court: TCCA
Attorneys:
Joseph E. Tubbs, Humboldt, Tennessee, for the Appellant, Thomas Porter d/b/a AA/AAA Bonding
Company.
Robert E. Cooper, Jr., Attorney General and Reporter; Brian Clay Johnson, Assistant Attorney
General, for the Appellee, State of Tennessee.
Judge: HAYES
The Appellant, Thomas Porter, d/b/a AA/AAA Bonding Company, appeals the judgment of the
Madison County Circuit Court denying his Motion to Modify or Set Aside Bond Forfeiture in the
amount of $10,000. Finding no abuse of discretion, the judgment of the trial court is affirmed.
http://www.tba2.org/tba_files/TCCA/2007/henryk_0510-7.pdf
STATE OF TENNESSEE v. JASON R. MATLOCK
Court: TCCA
Attorneys:
Tony L. Maples, Murfreesboro, Tennessee, for the appellant, Jason R. Matlock.
Robert E. Cooper, Jr., Attorney General and Reporter; Preston Shipp, Assistant Attorney General;
William Whitesell, District Attorney General; Laural A. Nutt, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: WEDEMEYER
In 1998, the Defendant, Jason R. Matlock, pled guilty to attempted rape of a child, and he was
sentenced to ten years as a Range I offender and to community supervision for life. The Defendant
was released from prison in 2006, and he subsequently filed a petition alleging that, since his release,
he has been wrongfully placed in a pilot program that has more stringent requirements than
community supervision for life. The trial court granted a temporary stay but later denied the
Defendant's petition. It is from that denial that the Defendant now appeals. Concluding there exists
no avenue for appeal to this Court, we dismiss the Defendant's appeal.
http://www.tba2.org/tba_files/TCCA/2007/matlockj_051007.df.pdf
STATE OF TENNESSEE v. CARROLL CARSON SANDERS
Court: TCCA
Attorneys:
Gene. G. Scott, Jr., Johnson City, Tennessee, for the appellant, Carroll Carson Sanders.
Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Anthony W. Clark, District Attorney General; Kenneth C. Baldwin, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WEDEMEYER
The Defendant, Carroll Carson Sanders, pled guilty in two cases to eight counts of theft over $10,000, five counts of theft over $1000, and one count of theft over $500. The parties agreed to an effective sentence of ten years, with the trial court to determine the manner of service of the ten-year sentence, followed by five years of probation. After a sentencing hearing, the trial court ordered the Defendant to serve his effective ten-year sentence in the Department of Correction. On appeal, the Defendant contends that the trial court erred when it denied him an alternative sentence. Concluding there exists no error, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2007/sandersc_051007.PDF
ANTONIO LEONARD SWEATT v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Antonio Leonard Sweatt, Pro Se, Nashville, Tennessee.
Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney
General; and Pamela Anderson, Assistant District Attorney General, for the Appellee, State of
Tennessee.
Judge: HAYES
The Appellant, Antonio Leonard Sweatt, proceeding pro se, appeals the Davidson County Criminal
Court's summary dismissal of his petition requesting DNA analysis pursuant to the Post-Conviction
DNA Analysis Act of 2001. Sweatt is currently serving an effective twenty-five-year sentence,
which was imposed following his guilty pleas to two counts of aggravated rape. On appeal, he
asserts that the trial court erred in dismissing his petition. After review, we find no error and affirm
the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2007/sweatta_051007.pdf
STATE OF TENNESSEE v. KENNETH EARL WHITTEN
Court: TCCA
Attorneys:
Gary F. Antrican, District Public Defender; and David S. Stockton, Assistant Public Defender, for
the appellant, Kenneth Earl Whitten.
Robert E. Cooper, Jr., Attorney General and Reporter; Brian Clay Johnson, Assistant Attorney
General; D. Michael Dunavant, District Attorney General; and Joe VanDyke, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: GLENN
The defendant, Kenneth Earl Whitten, was convicted of aggravated sexual battery, a Class B felony,
and sentenced as a violent offender to ten years in the Department of Correction. He appeals three
issues: (1) the sufficiency of the evidence; (2) whether child abuse should have been charged as a
lesser-included offense; and (3) whether the trial court erroneously applied enhancement or
mitigating factors in sentencing the defendant. Following our review, we affirm the judgment of the
trial court but modify the defendant's sentence to eight years.
http://www.tba2.org/tba_files/TCCA/2007/whittenk_051007.pdf
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| TODAY'S NEWS |
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Legal News
Upcoming
TBA Member Services
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| Legal News |
| Rule 31 tweaked by court |
| Two orders were released by the Tennessee Supreme Court yesterday, both amending the revised Rule 31 that was filed Jan. 2. One order
involves the omission from the list of subjects that must be covered in training for Rule 31 Mediation. The other order adds a definition for
the term "days." The court thereby amends Rule 31 and asks from written comments, due by June 11, from the bench, bar and public. |
Find out more from the AOC
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Civil rights indictment,
42 years later |
| An Alabama grand jury returned an indictment yesterday for a murder that happened 42 years ago. The case was reopened this year by a newly elected district attorney, Michael Jackson, who was a small boy when the incident occurred.
A now-retired, 73-year-old trooper was expected to be charged in the murder of black farmer Jimmie Lee Jackson.
Dr. Martin Luther King Jr. preached at his funeral, drawing a protest march that -- thanks to a brutal police response -- became a galvanizing point for the civil rights movement. |
The Commercial Appeal carried this AP story
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| Sen. Cooper to face judge Friday in DUI charge |
| State Sen. Jerry Cooper is scheduled to appear in Rutherford County General Sessions Court Friday to face a DUI charge stemming from a February crash on Interstate 24, where he overturned his sports utility vehicle. |
The Daily News Journal has the story
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| Lawyer 'brawls' with police sergeant in court house |
| A Chattanooga police officer and a lawyer got into a fight yesterday in the Hamilton County-Chattanooga Courts Building, the Times Free Press reports.
While fighting, attorney Lloyd Levitt and police Sgt. Ken Freeman knocked down a woman who was standing nearby on crutches. Witnesses said the two began arguing because Levitt had heard Freeman had called him names. |
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Medical examiner says
autopsy needed |
| Philip Workman, who was executed Wednesday, insisted that his body not be subjected to examination after his death. But
State Medical Examiner Bruce Levy said that in public executions, careful examination of the corpses is essential.
"I would call it the protection of the public's health and safety," Levy said Wednesday. "My position is simple: If the state is going to be executing people, as the medical examiner, it is my responsibility to ensure that the executions are carried out according to state law."
A hearing is set for Monday to determine whether state authorities can obtain blood and other bodily fluids from Workman's body. |
The Tennessean has more
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Definition of words
important in Knox suit |
| A News Sentinel lawsuit against 20 current and former county commissioners may ultimately hinge on how to define words like "deliberation" and "discussion," court records show.
The suit, filed in February, alleges that commissioners violated the Open Meetings Act by holding private discussions before a Jan. 31 meeting and during recesses in the meeting. As part of the legal process, County Commissioners were asked by the News Sentinel to either admit or deny nearly 30 allegations pertaining to possible sunshine law violations, but respondents questioned the wording of the questions. |
The News has the story
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| Gonzales still can't recall, he tells House Judiciary |
| Attorney General Alberto Gonzales testified before the House Judiciary Committee today, saying "My feelings and recollections about this matter have not changed," three weeks after telling a Senate panel he couldn't recall specific conversations or details in response to more than 70 questions. Democrats pressed for more answers as Republicans now want the investigation closed. |
Law.com has the AP story
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| Upcoming |
| Professional tax due June 1 |
| The deadline for filing professional privilege taxes is June 1. The 22 professional groups required to file professional annual privilege taxes, lawyers among them, will be able to do so using the Department of Revenue's online tax filing service.
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Read more from the Department of Revenue
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| TBA Member Services |
| First Tennessee is TBA's preferred provider |
| First Tennessee has crafted a package of discounts to meet the specific needs of Tennessee Bar Association members. Find savings on merchant credit services, checking and savings, financial planning and more |
on the TBA Web site
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