TBA Convention to celebrate 125 years of service

The Tennessee Bar Association kicks off Wednesday in Nashville with a full slate of activities and educational programs for the Tennessee legal community. Meeting at the Music City Sheraton Hotel, this year's event will feature Vanderbilt Law School graduate, journalist and broadcaster Fred Graham at Thursday's Bench/Bar Luncheon, a celebration of the bar's history at Andrew Jackson's Hermitage and more. See the full schedule.

http://www.tba2.org/convention2007/index.html

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

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi

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

WESLEY BRIAN MCKEEHAN v. ACE AMERICAN INSURANCE COMPANY

Court: TWCA

Attorneys:

Deborah F. Roberts, Greeneville, Tennessee, for Appellant, ACE American Insurance Company.

George R. Garrison, Sevierville, Tennessee for Appellee, Wesley Brian McKeehan.

Judge: BLACKWOOD

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 to the Supreme Court of findings of fact and conclusions of law. In this appeal the employer asserts that the trial court erred in rejecting the opinion of the treating physician in awarding the employee benefits based upon a finding of 32.5 percent permanent partial disability to the body as a whole. We agree with the findings of the trial court and in accordance with Tennessee Code Annotated section 50-6-225(e)(2), affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TSC_WCP/2007/mckeehanwb_061207.pdf


STATE OF TENNESSEE v. JOSHUA GLENN TRIVETTE

Court: TCCA

Attorneys:

Stephen M. Wallace, District Public Defender, and Terry L. Jordan, Assistant Public Defender, for the appellant, Joshua Glenn Trivette.

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and B. Todd Martin, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant, Joshua Glenn Trivette, pled guilty to two counts of auto burglary, theft over $1000, five counts of vandalism over $1000, vandalism over $500, felony evading arrest, driving under the influence, driving on a revoked license stemming from one indictment (Case No. S50,046), and to driving on a revoked license second offense, violation of the seat belt law, and failure to provide proof of financial responsibility from a separate indictment (Case No. S50,045), with the trial court to determine the length and manner of service. After a sentencing hearing, the trial court imposed a sentence of eleven months, twenty-nine days in Case No. S50,045 and an effective six-year sentence in Case No. S50,046, to be served consecutively in the Department of Correction. On appeal, the defendant contends that the trial court erred by misapplying enhancement and mitigating factors, ordering consecutive sentences, and denying an alternative sentence. After careful review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/trivettejg_061207.pdf


STATE OF TENNESSEE v. CAROLINE WHITE

Court: TCCA

Attorneys:

Kandi Kelley, Jackson, Tennessee, for the appellant, Caroline White.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Jerry Woodall, District Attorney General; and Jody S. Pickens, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCGEE OGLE

The appellant, Caroline White, pled guilty to aggravated assault and robbery, and she received atotal effective sentence of three years intensive probation. Subsequently, the trial court revoked the appellant's probation and ordered her to serve her sentence in confinement. On appeal, the appellant challenges the revocation and argues that she should have been given another probationary sentence. Upon our review of the record and the parties' briefs, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/whitec_061207.pdf


Detention of Mentally Ill Patients

TN Attorney General Opinions

Date: 2007-06-11

Opinion Number: 07-92

http://www.tba2.org/tba_files/AG/2007/ag_07-92.pdf

TODAY'S NEWS

Legal News
Legislative News
BPR Actions
TBA Member Services

Legal News
Increase for Legal Services wins committee support
A $28 million increase in funding for the Legal Services Corporation has won approval from the U. S. House of Representatives Subcommittee on Commerce, Justice, Science, and Related Agencies. The vote followed a recommendation from more than 200 members of Congress, including Tennessee representatives Steve Cohn, Lincoln Davis, Jim Cooper and Bart Gordon.

North Carolina DA faces charges in Duke lacrosse case
Durham County district attorney Mike Nifong was in court today, facing charges from the N.C. State Bar that he had violated the state's rules of professional conduct in his handling of the Duke University lacrosse team case. If convicted by a disciplinary commission, he could be stripped of his license to practice law in the state.
Read the Associated Press account
Report offers constructive reforms for juvenile justice
A report compiled by the National Center for State Courts offers some solid, common-sense ideas for Shelby County's Juvenile Courts system, an editorial in the Memphis Commercial Appeal says. The newspaper calls for commissioners to sidestep political issues and adopt "best practice" reforms such as a one-judge, one-family system in which a single judicial officer hears all cases related to each family that visits the court to ensure consistency.
Read the full editorial
Court rules no OT due for home-care workers
Home-care workers are not entitled to overtime pay under federal law, the Supreme Court ruled Monday. The court ruled that the Labor Department did not exceed its authority when it excluded home-care workers from overtime protection.
Read more in the Knoxville News Sentinel
Vote on Fifth Circuit nominee delayed
The Senate Judiciary Committee put off voting on a contentious nominee to the federal bench for the second time last week, giving liberal interest groups more time to try to convince senators to deep-six the nomination of Leslie Southwick to the Fifth Circuit.
Read more at LegalTimes.com
Wilder adopts to new role in Senate
After 36 years as speaker of the Senate and lieutenant governor, what's it like to serve as a regular member? John Wilder tells the City Paper that in some ways the session has been more "meaningful" to him. "I've had a chance to speak and I've had a chance to vote and it's the first time I've voted on a bill in 36 years," Wilder said.
Read the full story
Legislative News
New state budget awaits governor's signature
The Tennessee legislature today sent Gov. Phil Bredesen a $27.8 billion spending plan that includes a half-cent reduction in the sales tax on food as well as education improvements funded by a higher cigarette tax.
Read more in the Knoxville News Sentinel
Can Cooper reclaim political career?
A federal court found Sen. Jerry Cooper not guilty of bank fraud, mail fraud and conspiracy this week, but will voters be willing to return him to office?
The Chattanooga Times Free Press analyzes his prospects
BPR Actions
Clarksville attorney place on disability
The Supreme Court on June 7 issued an Order transferring the law license of Van Lewis Riggins Jr. of Clarksville to disability inactive status. Riggins, through counsel, moved the Supreme Court for a transfer to disability inactive status.
Read the full BPR release
TBA Member Services
Have you activated your FedEx shipping discounts?
TBA members are entitled to discounts on FedEx shipping. Did you know that TBA members are saving an average of $83 per quarter by utilizing their FedEx Association Advantage program discounts? Here's what some members have to say about their FedEx savings:

"Our firm took advantage of the Tennessee Bar Association FedEx discounts and saved over $200 on FedEx Express shipments last quarter alone. It's the best $200 we've ever saved," says member Bill Cameron of Cameron & Young in Cookeville. Start saving on your shipments today! For more information on how to enroll, call 1-800-923-7089 or
visit the TBA Web site

 
 
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