Bush nominates Yarbrough for U.S. Attorney

Nashville defense attorney Ed Yarbrough has been nominated by President Bush to be U. S. Attorney for Middle Tennessee, the Nashville Post reports today. Yarbrough, a partner in the firm of Hollins, Wagster, Yarbrough, Weatherly & Raybin, is a Vanderbilt Law School graduate and former assistant district attorney. Read more in the Nashville Post
TODAY'S OPINIONS
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Editor-in-Chief, TBALink

BI-LO, LLC v. LARRY VAN FOSSEN

Court: TWCA

Attorneys:

Thomas O. Sippel, Chattanooga, Tennessee, for Appellant Bi-Lo, LLC.

Michael A. Anderson, Chattanooga, Tennessee, for Appellee, Larry Van Fossen.

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. The employer asserts that the trial court erred in (1) finding that the employee's work injury of October 15, 2003, rather than his non-work injury of March 2004 caused his permanent disability; (2) assessing 60 percent vocational disability for the employee's injury; and (3) assessing the employer for the medical treatment received by the employee by Doctors Smith and Hodges. We agree with the findings of the trial court and in accordance with Tennessee Code Annotated section 50-6-225(2), affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TSC_WCP/2007/fossenl_071307.pdf


CLIFFORD DIXON, ET AL. v. KIRA COBB, ET AL.

Court: TCA

Attorneys:

Alan C. Housholder, Nashville, Tennessee, for the appellants, Clifford Dixon and Faye Dixon.

John Thomas Feeney and Daniel A. Galiano, Nashville, Tennessee, for the appellees, Kira Cobb (Bettcher) and John Doe.

Judge: CAIN

Husband and Wife filed a personal injury action against Driver for injuries allegedly sustained when Driver side-swiped Husband's vehicle while traveling on Interstate 40. At trial, Driver conceded liability but alleged that her conduct was not the legal cause of Husband's injuries. After hearing all the evidence, the jury awarded Plaintiffs zero damages. Plaintiffs appeal asserting various errors committed during the trial. Finding no material error below, we affirm the judgment of the trial court in all respects.

http://www.tba2.org/tba_files/TCA/2007/dixonc_071307.pdf


ERIC TODD JACKSON v. CARRIE GASAWAY

Court: TCA

Attorneys:

Eric Todd Jackson, Tiptonville, Tennessee, Pro Se.

Carrie Gasaway, Clarksville, Tennessee, Pro Se.

Judge: CLEMENT

Inmate appeals the dismissal of his "Personal Injury Suit" against the attorney who represented him in a previous criminal matter. The trial court dismissed the action finding the complaint does not state a cause of action due to the lack of any allegation of severe mental injury and that any action arising out of alleged misconduct occurring on March 9, 2001, would be barred by the one-year statute of limitations. Finding the inmate's suit wholly without merit, we affirm.

http://www.tba2.org/tba_files/TCA/2007/gasawayc_071307.pdf


RICHARD E. HUBER ET AL. v. ROBERT CALLOWAY ET AL.

Court: TCA

Attorneys:

Gary Vandever, Lebanon, Tennessee, for the appellants, Robert Calloway and Carol G. Calloway.

David B. Foutch, Lebanon, Tennessee, for the appellees, Richard E. Huber and Debra L. Mase.

Judge: KOCH

This appeal involves a dispute arising out of the attempted exercise of an option to purchase a tract of farmland in Wilson County. The option provided that the parties would agree upon a purchase price when the purchasers exercised the option. When the purchasers attempted to exercise the option, their neighbors refused to permit them to have the property appraised in order to establish a purchase price. Accordingly, the purchasers filed suit in the Chancery Court for Wilson County requesting that their neighbors be compelled to allow an appraisal of the property and to enjoin them from improving the property while the dispute was pending. The trial court required the neighbors to allow the appraisal, and the purchasers offered their neighbors the appraised value of the property. When the neighbors refused to sell the property, the purchasers amended their complaint to allege breach of contract and misrepresentation. The trial court heard the case without a jury, directed the clerk and master to obtain an independent appraisal of the property, and ordered the neighbors to sell the property to the purchasers at the newly appraised value of the property. We have determined that the parties' option agreement is not an enforceable contract and, therefore, we reverse the trial court.

http://www.tba2.org/tba_files/TCA/2007/huberr_071307.pdf


STATE OF TENNESSEE V. MISTY BRUNELLE

Court: TCCA

Attorneys:

Greg W. Eichelman, Morristown, Tennessee, for the Appellant, Misty Brunelle.

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; C. Berkley Bell, District Attorney General; Cecil Mills and Amber Depriest, Assistant District Attorneys General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

A Greene County Jury convicted the Defendant, Misty Brunelle, of three counts of aggravated child abuse, and the trial court sentenced her to an effective sentence of twenty-five years in the Department of Correction. On appeal, she alleges: (1) there is insufficient evidence to support any conviction for aggravated child abuse; (2) there is insufficient evidence to support her three distinct aggravated child abuse convictions; (3) the trial court erred in not dismissing the indictments; (4) the trial court erred in allowing all the aggravated child abuse charges to be tried together; (5) the trial court erred in allowing the State to use the Defendant's statements in its case-in-chief; (6) the trial court erred in refusing to instruct the jury on the charge of aggravated assault by failure to protect; (7) the trial court erred in not granting a mistrial after the jury improperly focused on extraneous issues; and (8) the trial court erred in sentencing the Defendant. After a through review of the record and applicable law, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/brunellem_071307.pdf


STATE OF TENNESSEE v. MURIEL L. BUTTS, ALIAS

Court: TCCA

Attorneys:

Brandt W. Davis, Knoxville, Tennessee (on appeal); and Mark E. Stephens, District Public Defender, and Paul Hensley, Assistant Public Defender (at trial), for the appellant, Muriel L. Butts, Alias.

Paul G. Summers, Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Ta Kisha Fitzgerald, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

A jury found the defendant, Muriel L. Butts, Alias, guilty of simple possession of marijuana, third offense (Class E felony). On appeal, the defendant contends: (1) the evidence was insufficient to support a conviction; (2) the trial court erred in denying the defendant's motion to suppress; (3) the trial court erred in sentencing the defendant to the maximum of six years; and (4) the judgments of the prior convictions were insufficient to enhance his punishment, absent any proof that the defendant was advised in the former pleas that the convictions could later be used against him to enhance his punishment. After careful review, we affirm the judgment from the trial court.

http://www.tba2.org/tba_files/TCCA/2007/buttsmlalias_071307.pdf


STATE OF TENNESSEE v. STACY WAYNE MYERS

Court: TCCA

Attorneys:

J. Liddell Kirk, Knoxville, Tennessee (on appeal); and Raymond Mack Garner, District Public Defender, Maryville, Tennessee (at trial), for the appellant, Stacy Wayne Myers.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Ellen Berez, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Stacy Wayne Myers, appeals the trial court's revocation of his probation and reinstatement of his original sentence for domestic assault, arguing that the trial court abused its discretion in finding that he violated his probation. Following our review, we affirm the trial court's order revoking the defendant's probation and reinstating his original sentence.

http://www.tba2.org/tba_files/TCCA/2007/myerss_071307.pdf


BILLY RAY RILEY v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

J. Colin Morris, Jackson, Tennessee, for the appellant, Billy Ray Riley.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; James G. Woodall, District Attorney General; and James W. Thompson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCGEE OGLE

The petitioner, Billy Ray Riley, was convicted by a jury in the Madison County Circuit Court of theft of property valued more than $1000 but less than $10,000, and he was sentenced as a Range III, persistent offender to twelve years incarceration in the Tennessee Department of Correction. Subsequently, the petitioner filed a petition for post-conviction relief, alleging that his trial counsel was ineffective by not thoroughly reviewing his file with him, by not convincing him to testify at trial, and by having a conflict of interest regarding the case. The post-conviction court found that counsel was not ineffective and denied the petition. On appeal, the petitioner contests the postconviction court's ruling. Upon our review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2007/rileyb_071307.pdf


STATE OF TENNESSEE v. TONY SAMUEL

Court: TCCA

Attorneys:

Kari I. Weber, Assistant Public Defender, Somerville, Tennessee, for the appellant Tony Samuel.

Paul G. Summers, Attorney General and Reporter; Brian Clay Johnson, Assistant Attorney General; Elizabeth Rice, District Attorney General; and Tracey Brewer, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

The defendant was indicted for one count of aggravated rape and one count of aggravated kidnapping of his live-in girlfriend's fourteen-year-old, mentally-challenged daughter. A jury convicted the defendant of both indicted offenses. The trial court sentenced the defendant to thirty-five years for the aggravated rape and eighteen years for the aggravated kidnapping to be served concurrently to each other, but consecutively to a previous sentence. On appeal, the defendant argues: (1) that the evidence was insufficient to sustain his convictions of aggravated rape and aggravated robbery; (2) that the trial court erred in allowing questions to jurors in voir dire regarding mental retardation; (3) that the trial court erred in allowing testimony regarding the victimís I.Q. test scores and capabilities; (4) that the trial court erred in allowing testimony by a State witness regarding statements of the victim; (5) that the trial court erred in allowing testimony from a lay witness regarding recency and appearance of the injury to the victim; (6) that the trial court erred in determining that the victim was competent to testify; and (7) that the trial court erred in sentencing the defendant to an enhanced and consecutive sentence. After a thorough review of the record, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/samuelt_071307.pdf


Revocation and Suspension of Beer Permits and the Tennessee Responsible Vendor Act of 2006

TN Attorney General Opinions

Date: 2007-07-12

Opinion Number: 07-104

http://www.tba2.org/tba_files/AG/2007/ag_07-104.pdf

Base Compensation Under Tenn. Code Ann. Section 8-24-102(j)(2)

TN Attorney General Opinions

Date: 2007-07-12

Opinion Number: 07-105

http://www.tba2.org/tba_files/AG/2007/ag_07-105.pdf

Budget Amendments in Blount County

TN Attorney General Opinions

Date: 2007-07-12

Opinion Number: 07-106

http://www.tba2.org/tba_files/AG/2007/ag_07-106.pdf

TODAY'S NEWS

Legal News
Legislative News
BPR Actions
TennBarU CLE
TBA Member Services

Legal News
Ethics Commission criticized for lack of openness
A Murfreesboro Daily News Journal editorial takes the Tennessee Ethics Commission to task for not abiding by the state's open records and meetings laws. The opinion piece acknowledges good work done by the body, but says its accomplishments "are tempered by the commission's failure to hold itself to the high standards it expects everyone else to follow," asking "How can it enforce tough rules on lawmakers, lobbyists and local officials if it can't follow state law itself?"
Read the full editorial
Crimes or just run-of-the-mill political favors?
The Memphis Commercial Appeal gets the opinions of several law professors on federal indictments against Councilman Edmund Ford and former Memphis Light, Gas & Water president Joseph Lee III. A key in the case, they say, will be proving that Ford's preferential utility treatment, no matter how abusive it may seem, was explicitly given in return for his political support of Lee.
Read the story
Assistant AG joins field for Court of Appeals post
Mark A. Fulks, an assistant attorney general in Nashville, has joined the field of candidates seeking to fill the Middle Division Court of Appeals seat left open by William Koch's appointment to the Tennessee Supreme Court. The deadline for applications is Monday.
Find out more
Is part-time doable at large firms?
A new study from the Pew Research Center says that a majority of working moms would be happiest in part-time jobs. Is that a viable option for lawyers? The Wall Street Journal's Law Blog put the question to readers.
Find out what people are saying about the study
Legislative News
Bowers to plead guilty in Tennessee Waltz case
Former Tennessee state senator Kathryn Bowers, who is among the last two defendants awaiting trial in the FBI's Tennessee Waltz case, will plead guilty to federal bribery charges on Monday, her attorney tells the Memphis Commercial Appeal.
Read the full story
BPR Actions
Memphis lawyer censured
Memphis lawyer James Richard McFall Jr. was publicly censured by the Board of Professional Responsibility on July 3 for failing to perform services for certain clients between 1997 and 1999 while he was impaired, and for failing to advise clients of his temporary suspension in 2000 and his transfer to disability inactive status later that year. McFall also failed to return case files to clients, affecting their ability to retain other counsel in a timely manner.
Read the BPR release
TennBarU CLE
TeleSeminar provides estate law legislative update
Join Nashville attorneys Paul Hayes, Bryan Howard and Les Wilkinson at noon on July 19 for an hour-long teleseminar that will bring you up to date on key legislatives changes in estate planning and probate law.
Find out more or register now
TBA Member Services
Discounts from Office Depot
Are you saving yet? Sign up for the TBA-Office Depot Program and begin saving. TBA Members receive significant discounts on office supplies from Office Depot.
Find out more

 
 
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