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

TODAY'S OPINIONS
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

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


TODAY'S NEWS

Legal News
Upcoming
TBA Member Services

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
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
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
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.

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
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
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
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.

Read more from the Department of Revenue

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