Ethics forum will demystify disciplinary process

Plan now to attend the TBA YLD's Ethics Forum to learn ethics rules from attorneys who represent the Board of Professional Responsibility; attorneys who represent those accused of wrongdoing; and a professional liability insurance claims attorney. Live in Nashville. By videoconference in Memphis and Johnson City. Learn more or sign up now:

https://www.tnbaru.com/CLE/catalog_by_date.php?month=05&year=2007

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
00 - TN Court of Appeals
03 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

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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

BONNIE TURNER v. HOMECREST CORPORATION ET AL.

Court: TSC

Attorneys:

Michael E. Moore, Acting Attorney General and Reporter, and Dianne Stamey Dycus, Deputy Attorney General, Nashville, Tennessee, for the appellant, Sue Ann Head, Director of the Tennessee Department of Labor Second Injury Fund

Roger L. Ridenour, Clinton, Tennessee, for the appellee, Bonnie Turner

T. Joseph Lynch, Knoxville, Tennessee, and Kelley Bertoux Creveling, Indianapolis, Indiana, for the appellee, HomeCrest Corporation

Judge: SUSANO

In this workers' compensation case we granted the motion for review filed by the employee, Bonnie Turner ("Turner"), in order to evaluate the correctness of the trial court's decision to award benefits to Turner against the Tennessee Department of Labor Second Injury Fund. The award was predicated upon the court's determination that Turner had sustained a 60 percent permanent partial disability due to a work-related bilateral carpal tunnel injury and a resulting condition of hypertension. The trial court's award in this case was made subsequent to that court's decision to award Turner permanent total disability benefits against her employer as a result of a prior injury. We hold that an employee who is permanently and totally disabled as provided for in Tennessee Code Annotated section 50-6-207(4)(A)(i) is barred from receiving additional vocational disability benefits unless the employee can establish rehabilitation from the injury which caused the permanent and total disability. This principle applies even though the employee temporarily returns to work following the first injury and suffers a subsequent work-related injury close in time. Therefore, we reverse the trial court's award against the Second Injury Fund.

http://www.tba2.org/tba_files/TSC/2007/turnerb_051507.pdf


STATE OF TENNESSEE v. JAMES MICHAEL HANNERS

Court: TCCA

Attorneys:

B. F. "Jack" Lowery, Lebanon, Tennessee, for the appellant, James Michael Hanners

Robert E. Cooper, Jr., Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; Bill Whitesell, District Attorney General; and Jude Santana, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: SMITH

A Rutherford County Jury convicted Appellant, James Michael Hanners, of assault on September 19, 2002. The judgment form included the notation that "Assault-Bodily Injury" was the offense for which Appellant was convicted. On March 1, 2006, Appellant filed a Motion to Correct Judgment requesting that the notation be changed to read "Assault." The trial court denied the motion stating in its order that the jury was instructed on assault based upon T.C.A. section 39-13-101(a)(1), intentionally, knowingly or recklessly caus[ing] bodily injury to another..." Appellant appeals from the trial court's denial of the motion. We dismiss Appellant's appeal because there is no appeal as of right for denial of a motion to correct judgment under Rule 3 of the Tennessee Rules of Appellate Procedure, and we decline to grant a writ of certiorari because the trial court has not acted without legal authority.

http://www.tba2.org/tba_files/TCCA/2007/hannersj_051507.pdf


ROBERT K. HOLLOWAY v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Patrick G. Frogge (on appeal), Michael J. Flanagan and James P. McNamara (at trial), Nashville, Tennessee, for the appellant, Robert K. Holloway

Michael E. Moore, Acting Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; Dan Mitchum Alsobrooks, District Attorney General; and Suzanne Lockert, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: MCLIN

The petitioner, Robert K. Holloway, appeals the denial of his petition for post-conviction relief. On appeal, the petitioner argues that his counsel rendered ineffective assistance because he: (1) failed to interview and call certain witnesses to testify; (2) failed to submit proof of the victim's propensity for violence; (3) failed to impeach certainwitnesses at trial; (4) failed to divulge a conflict of interest; (5) failed to introduce a letter written by the victim at trial; and (6) failed to challenge the petitioner's sentence at the sentencing hearing and on appeal. The petitioner further argues that the cumulative effect of all of counsel's errors requires reversal. After a thorough review of the record and the parties' briefs, the judgment of the post-conviction court denying post-conviction relief is affirmed.

http://www.tba2.org/tba_files/TCCA/2007/hollowayr_051507.pdf


STATE OF TENNESSEE v. JENNIFER SILISKI

Court: TCCA

Attorneys:

John E. Herbison, Nashville, Tennessee (on appeal); and Rebecca E. Byrd, Mark Waters, and Ken Sanney, Franklin, Tennessee (at trial), for the appellant, Jennifer Siliski

Robert E. Cooper, Jr., Attorney General and Reporter; C. Daniel Lins, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Braden H. Boucek and Derek K. Smith, Assistant District Attorneys General, for the appellee, State of Tennessee

Judge: GLENN

The defendant, Jennifer Siliski, was convicted by a Williamson County Circuit Court jury of eleven counts of animal cruelty. The trial court merged the convictions involving the same animals, resulting in nine convictions, and sentenced the defendant to concurrent terms of eleven months, twenty-nine days at 75 percent for each conviction, all suspended except for ten days, with the remainder of the time to be served on supervised probation, followed by eight years of unsupervised probation. The court additionally ordered that the defendant complete fifty hours of community service within the first year of supervised probation, that she be permanently prohibited from engaging in any commercial activity involving animals, and that she be subject to regular inspections of her home during her period of unsupervised probation to ensure her compliance with the terms of her sentence. On appeal, the defendant argues that counts 1 through 28 of the presentment were multiplicitious; the animal cruelty statute is unconstitutionally vague as applied in her case; the presentment failed to adequately state the facts constituting the offenses for which she was convicted; the trial court erred in denying her motion to suppress the results of the search warrant; the trial court erred in admitting a veterinarian's report into evidence; she did not adequately waive her right to testify under Momon v. State, 18 S.W.3d 152 (Tenn. 1999); the trial court erred by ordering consecutive periods of probation; the trial court's permanent prohibition against her commercial activity involving animals is too harsh; and the trial court lacked jurisdiction to modify her sentence after the original date of sentencing. Following our review, we affirm the defendant's convictions but conclude that the trial court erred by ordering consecutive periods of probation in conjunction with concurrent sentences. Accordingly, we remand for resentencing.

http://www.tba2.org/tba_files/TCCA/2007/siliskij_051507.pdf


TODAY'S NEWS

Legal News
Legislative News
Upcoming
TBA Member Services

Legal News
UT to comply with music download subpoena
The University of Tennessee plans to comply with a subpoena asking for the identities of 15 students accused of illegally sharing copyrighted music online. The university has notified the students, known only to the recording industry by a computer ID number. Any of students may challenge the subpoena in court. If no challenge is filed, the university will release the information.
Read more from the News Sentinel
He ruling confirmed, group calls for leak probe
The state Supreme Court upheld its ruling in the Anna Mae He case last night rejecting claims by the girl's foster parents that reunification is causing excessive emotional trauma. Meanwhile, the Memphis chapter of the Rainbow PUSH Coalition has called for a probe into the release of Louise Baker's journal and a contempt of court charge for the foster parents.
The Commercial Appeal has more
ACLU wants apology for suspended student
The American Civil Liberties Union is asking officials at a Jonesborough high school and the Washington County School District to apologize to a student who was suspended for planning to protest discrimination against gays in schools.
Read more in the Herald Courier
Memphis area sex offenders can't be found
Police were searching for 62 registered sex offenders in Memphis who have gone off the radar. Some have long criminal records, and police say if they don't find them soon they'll seek warrants for failure to comply with registry rules.
The Commercial Appeal has more
Police go after predators on 'MySpace' sites
Top law enforcement officers from eight states have asked MySpace.com to turn over names of registered sex offenders who use the social networking Web site. The request was motivated by reports that thousands of known sex offenders are registered on and using the site.
The News Sentinel reports
Detainees' fate now rests with appeals court
A three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia heard from the Bush administration and lawyers for Guantanamo Bay detainees today in a case challenging the government's military tribunal procedures.
TriCities.com ran this AP story
Legislative News
Justice Department critical of state bill
The U.S. Department of Justice has fired a shot across the state legislature's bow in connection with a bill that would affect commissions on real estate deals. In a letter released yesterday, the Justice Department criticized a bill that would prohibit Tennessee real estate brokers from paying cash rebates to homebuyers or sellers. But the letter had little impact, as the House approved the bill Monday and sent it to Gov. Phil Bredesen for his signature.
The News Sentinel covers the story
Kurita lays out arguments for elected officers
In today's Tennessean, Sen. Rosalind Kurita, D-Clarksville, lays out her reasons why the public, rather than the governor and the legislature, should choose the state's attorney general, lieutenant governor, secretary of state, treasurer and comptroller.
Read her opinion piece
Update on cost of lobbying
Employers have paid between $9-16 million to influence state lawmakers, according to a review of reports filed with the Tennessee Ethics Commission. Today is the deadline for filing the first report required under new ethics laws, reports the News Sentinel.
View all reports filed to date
Upcoming
Panel to discuss judicial appointment process
The Nashville chapter of the Federalist Society and the American Constitution Society for Law and Policy will host a panel discussion on the process by which Tennessee appellate judges are selected. The event will be held from 5-7 p.m. Thursday, May 24 in Nashville. Supreme Court Chief Justice Barker will moderate panelists Joseph A. Woodruff and Maclin P. Davis, both attorneys, and former Tennessee Attorney General Paul Summers. For more information or to register, contact Margie at 616-850-8195 or margie.knoll@wallerlaw.com

TBA Member Services
Student loans at low rates through SunTrust
The TBA and SunTrust Bank now have a Partnership Program to help alleviate the burden of student loans. Members and their families can consolidate their federal student loans at a special low fixed rate - right now as low as 5.375 percent. In addition, those with consolidation loans greater than $10,000 are eligible to reduce their interest rate by another 1.5 percent for on-time payments and automatic debit payments.
Learn more

 
 
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