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U.S. Supreme Court rules for TSSAA
Athletic associations can enforce limits on recruiting without violating coaches' free-speech
rights, the U.S. Supreme Court today ruled in the long-running dispute between football powerhouse Brentwood Academy and the Tennessee Secondary School Athletic Association.
In a unanimous ruling, the court said, "hard-sell tactics directed at middle school students could lead to exploitation, distort competition between high school teams and foster an environment in which athletics are prized more highly than academics." Games have rules, Justice John Paul Stevens said for the court. "It is only fair that Brentwood follow them."
Download the opinion. Read more from The Nashville Post
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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.
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink
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STATE OF TENNESSEE v. ARTHUR T. COPELAND
This is a corrected opinion.
Court: TSC
Attorneys:
Robert E. Cooper, Attorney General and Reporter; Michael E. Moore, Solicitor General; Alice B.
Lustre, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Kirk
Andrews and Edward P. Bailey, Jr., Assistant District Attorneys General, for the appellant, the
State of Tennessee.
Randall E. Reagan and Gerald L. Gulley, Jr., Knoxville, Tennessee (on appeal); and W. Phillip
Reed and Robert W. White, Maryville, Tennessee (at trial), for the appellee, Arthur T. Copeland.
Judge: WADE
The Defendant, Arthur T. Copeland, was convicted of one count of first degree murder and
sentenced to death. The jury found a single aggravating circumstance, that the Defendant
previously had been convicted of one or more felonies involving violence to the person, see
Tenn. Code Ann. Section 39-13-204(i)(2) (1997), and further found that the aggravating circumstance
outweighed the mitigating circumstances beyond a reasonable doubt, see Tenn. Code Ann. Section 39-
13-204(g)(1) (1997). The Court of Criminal Appeals held that the trial court properly excluded
expert testimony on eyewitness identification but committed plain error by failing to conduct a
hearing pursuant to Momon v. State, 18 S.W.3d 152, 157 (Tenn. 1999), and ordered a remand for
a determination of whether the error was harmless. Further, the Court of Criminal Appeals set
aside the sentence of death as disproportionate. We granted the State's application for
permission to appeal in order to resolve the dispositive issues. We first hold that the trial court
erred by prohibiting the Defendant from offering expert testimony regarding eyewitness
testimony and overrule State v. Coley, 32 S.W.3d 831 (Tenn. 2000). Because the exclusion of
the testimony cannot be classified as harmless under these circumstances, the Defendant must be
granted a new trial. Although the trial court failed to conduct a Momon hearing, consideration of
that issue is not necessary because of the grant of a new trial. Finally, we conclude that the
Court of Criminal Appeals erred by finding that the death sentence was disproportionate; thus the
State may choose to seek the death penalty upon remand. Accordingly, the judgment of the
Court of Criminal Appeals is affirmed in part, reversed in part, and the cause is remanded for a
new trial.
http://www.tba2.org/tba_files/TSC/2007/copelanda_CORR_062107.pdf
MARGUERITE EVANS CHITWOOD AKERS v. MICHAEL TODD AKERS
Court: TCA
Attorneys:
Phillip L. Davidson, Nashville, Tennessee, for the appellant, Marguerite Evans Chitwood Akers.
George Copple, Ben H. Cantrell, Nashville, Tennessee, for the appellee, Michael Todd Akers.
Judge: CAIN
In this divorce proceeding, both parties appeal the trial court's classification and division of the
marital estate. Wife also appeals the trial court's failure to award her an annulment. The
judgment of the trial court is affirmed in all respects.
http://www.tba2.org/tba_files/TCA/2007/akersm_062106.pdf
PEGGY GASTON v. TENNESSEE FARMERS MUTUAL INSURANCE COMPANY
Court: TCA
Attorneys:
Larry B. Nolen, Athens, Tennessee, for the appellee, Peggy Gaston.
H. Chris Trew, Athens, Tennessee, for the appellant, Tennessee Farmers Mutual Insurance Company.
Judge: SUSANO
This case involves issues pertaining to under-insured motorist coverage, the Tennessee Consumer Protection Act ("the TCPA"), the insurance bad faith statute, and the subject of prejudgment interest. In an earlier appeal, the Supreme Court reversed the trial court's judgment directing a verdict for the insurance company at the conclusion of the plaintiff's proof. In doing so, the High Court held that there was evidence from which a jury could reasonably conclude that the insurance company had waived the subrogation provisions of the plaintiff's policy. The Supreme Court also held that issues relating to the TCPA and the bad faith statute were for the trier of fact. On remand, the parties waived a jury and the case proceeded to trial before the court. At the conclusion of the trial, the court (1) found that the plaintiff's insurance company had waived the subrogation provisions of the policy precluding it from asserting non-compliance with those provisions as a defense to the plaintiff's claim for under-insured motorist coverage; (2) awarded the plaintiff $25,000 based upon (a) the under-insured motorist coverage of the policy and (b) the insurance company's violation of the TCPA; (3) granted the plaintiff a judgment for attorney's fees; (4) found that the insurance company was not guilty of bad faith; (5) denied the plaintiff's request for treble damages; and (6) refused to award prejudgment interest. The insurance company appeals. Both parties raise issues. We reverse the trial court's refusal to award prejudgment interest. In all other respects, the judgment of the trial court is affirmed. Furthermore, we hold that the plaintiff is entitled to her reasonable attorney's fees and costs associated with this appeal.
http://www.tba2.org/tba_files/TCA/2007/gastonp_062107.pdf
JOHN RUFF v. RALEIGH ASSEMBLY OF GOD CHURCH, INC.
Court: TCA
Attorneys:
John Ruff, Pro se.
Evan Nahmias, Memphis, Tennessee, for the appellee, Raleigh Assembly of God Church, Inc.
Judge: FARMER
On remand pursuant to Tennessee Code Annotated Section 27-3-128, the trial court awarded summary
judgment to Defendant with respect to Plaintiff's claim for assault. We affirm.
http://www.tba2.org/tba_files/TCA/2007/ruffj_062107.pdf
SMITH BROTHERS, INC. v. UNION CITY INSURANCE AGENCY, INC.,
Court: TCA
Attorneys:
Charles M. Agee, Jr., Dyersburg, Tennessee, for the appellant, Smith Brothers, Inc.
Lawrence W. White and Cliston V. Bodine, III, Memphis, Tennessee, for the appellee, Union City
Insurance Agency.
Robert O. Binkley, Jr. and James V. Thompson, Jackson, Tennessee, for the appellee, State Auto
Mutual Insurance Co.
Judge: FARMER
The trial court awarded summary judgment in favor of Defendants in this negligence action. We
affirm.
http://www.tba2.org/tba_files/TCA/2007/smithbrothers_062107.pdf
STATE OF TENNESSEE v. MARK A. AMMONS
Court: TCCA
Attorneys:
Justin Johnson, Nashville, Tennessee, for the appellant, Mark A. Ammons.
Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney
General; Victor S. (Torry) Johnson III, District Attorney General; and Sharon Reddick, Assistant
District Attorney General, for the appellee, State of Tennessee.
Judge: WOODALL
Defendant, Mark A. Ammons, was indicted on one count of assault, a Class A misdemeanor, and
one count of theft of property less than $500.00, a Class A misdemeanor. After a bench trial,
Defendant was found guilty of the offense of assault and not guilty of theft of property.
Following a sentencing hearing, the trial court sentenced Defendant for his assault conviction to
thirty days to be served in the county workhouse. On appeal, Defendant argues that (1) the
evidence is insufficient to support his assault conviction; (2) the trial court erred in permitting the
State to amend the indictment after jeopardy attached; and (3) the trial court erred in not
sustaining Defendant's objection to the introduction of hearsay evidence. After a thorough
review, we conclude that the trial court erred in allowing the State to amend count one of the
indictment without Defendant's consent after jeopardy attached, but that such error was harmless
beyond a reasonable doubt. We therefore affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2007/ammonsm_062107.pdf
STATE OF TENNESSEE v. WILLIE L. HICKS
Court: TCCA
Attorneys:
Willie L. Hicks, Jr., Clifton, Tennessee, pro se.
Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney
General, T. Michel Bottoms, District Attorney General; and C. Daniel Lins, Assistant District
Attorney General, for the appellee, the State of Tennessee.
Judge: WOODALL
Petitioner, Willie L. Hicks, appeals the circuit court's summary dismissal of his second pro se
petition for writ of habeas corpus. Following our review of the parties' briefs and applicable
law, we dismiss the appeal.
http://www.tba2.org/tba_files/TCCA/2007/hicksw_062107.pdf
CALVIN LEWIS HILL V. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Richard L. Tennent (on appeal), Nashville, Tennessee, and Jheri Beth Rich (at post-conviction
relief hearing), Lewisburg, Tennessee, for the Appellant, Calvin Lewis Hill.
Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney
General; Charles Crawford, District Attorney General; Weakley E. Barnard, Assistant District
Attorney General, for the Appellee, State of Tennessee
Judge: WEDEMEYER
The Petitioner, Calvin Lewis Hill, was convicted of car jacking, theft of property valued over
$1000.00, and forgery, and his convictions were affirmed on direct appeal. He petitioned for
post-conviction relief claiming that he had received the ineffective assistance of counsel at trial.
The post-conviction court dismissed the post-conviction petition, and we affirm that judgment.
http://www.tba2.org/tba_files/TCCA/2007/hillc_062107.pdf
JEREMY WAYNE PITTARD v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Dale O. Quillen, Nashville, Tennessee, for the appellant, Jeremy Wayne Pittard.
Robert E. Cooper, Jr., Attorney General and Reporter; Preston Shipp, Assistant Attorney
General; William C. Whitesell, Jr., District Attorney General; and Laurel Nutt, Assistant District
Attorney General, for the appellee, the State of Tennessee.
Judge: WOODALL
Petitioner, Jeremy Wayne Pittard, was indicted on one count of rape of a child, a Class A felony.
Petitioner entered a best interest plea to the offense of attempted rape of a child, a Class B
felony, and agreed to a sentence of twelve years as a Range I standard offender. Petitioner
argues on appeal that the trial court erred in denying him post-conviction relief. After a thorough
review, we affirm the judgment of the post-conviction court.
http://www.tba2.org/tba_files/TCCA/2007/pittardj_062107.pdf
JOEY SALCIDO v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Joey Salcido, Clifton, Tennessee, pro se.
Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney
General; Mike Bottoms, District Attorney General, for the Appellee, State of Tennessee.
Judge: WEDEMEYER
The Petitioner, Joey Salcido, filed a pro se petition for a writ of habeas corpus. The habeas court
denied relief, and the Petitioner filed a timely notice of appeal. On appeal, the Petitioner
contends that the habeas corpus court erred because: (1) the trial court lacked jurisdiction to
convict him because of a defective indictment; and (2) the delay in the disposition of his postconviction
petition has deprived him of due process of law. Finding no error, we affirm the
judgment of the habeas court.
http://www.tba2.org/tba_files/TCCA/2007/salcidoj_062107.pdf
STATE OF TENNESSEE v. DARRIN R. SHEFFIELD
Court: TCCA
Attorneys:
William B. Lockert, III, District Public Defender; and Haylee A Bradley, Assistant Public
Defender, for the appellant, Darrin R. Sheffield.
Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney
General; Dan Mitchum Alsobrooks, District Attorney General; and Lisa C. Donegan, Assistant
District Attorney General, for the appellee, State of Tennessee.
Judge: WOODALL
Defendant, Darrin R. Sheffield, pled guilty to charges of possession of methamphetamine and
promotion of the manufacturing of methamphetamine. He was sentenced to serve five years for
the possession conviction and three years for the manufacturing conviction, to be served
concurrently for a total effective sentence of five years. Prior to the guilty plea, Defendant
moved the court to suppress evidence taken during the traffic stop which led to Defendant's
arrest. The motion was denied, and the resulting plea was taken subject to the appeal of a
certified question of law. Following our review, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2007/sheffieldd_062107.pdf
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| TODAY'S NEWS |
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Legal News
TBA Member Services
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| Legal News |
| Winkler leaves county for mental health facility |
| Judge Weber McCraw signed a sealed order yesterday allowing Mary Winkler to leave McNairy County jail and enter a facility for mental health treatment, Sue Allison of the Administrative Office of the Courts reports. At the provider's request and to ensure Winkler gets the treatment she needs, the name and location of the facility are not being
disclosed. |
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| Winkler defense lawyers to talk about tactics in case |
| Lawyers who represented Mary Winkler will speak at a seminar June 28 in Memphis to discuss litigating high profile cases. |
Find out more about the seminar in the Memphis Daily News
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| Baugh named special prosecutor |
| The Tennessee District Attorneys General Conference named retired district attorney Joseph Baugh as special prosecutor to investigate claim that a prominent lawyer paid a woman to entangle Memphis Mayor Willie Herenton in a sex scandal. Herenton contends it is a conspiracy to derail his bid for reelection. |
The Tennessean reports
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Assistant DA to receive
full DA pay |
| Assistant District Attorney Tony Craighead will get a $36,000 raise after an attorney general's opinion said he should receive the pay of the district attorney because he has in effect been doing that job since last September. Craighead has filled in while District Attorney Bill Gibson has been suspended for an ethics violation. |
The Herald-Citizen has the story
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| Judge Mattice explains sentencing |
| U.S. District Judge Sandy Mattice explained some differences between state and federal sentencing to a rotary club yesterday, saying that defendants used to state sentencing are "shocked" when they land in federal court. "They've been through the state system, in and out of jail. And frankly, they don't think jail is all that bad." When they learn about federal sentencing guidelines, "Then what they want to do is fire their lawyer," he said. |
The Chattanoogan.com has the story
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| Court imposes strict standards on investors alleging securities fraud |
| The Supreme Court today imposed a strict standard that investors must meet to keep alive lawsuits alleging securities fraud. In an 8-1 decision, the justices said that courts must weigh possible innocent explanations for defendants' conduct at the very start of a securities fraud case. Doing so can lead to early dismissal of investors' lawsuits. |
Read the Associated Press account on Law.com
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| TBA Member Services |
| Alimony Bench Book now available |
| The 5th Edition of the Alimony Bench Book is now available from the TBA Family Law Section. This newest edition is available for purchase at the TBA's online bookstore or by calling 800-899-6993 or in Nashville at 383-7421. |
Order online now
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