Online legal research free through TBA Fastcase benefit

Online legal research is now available free to all Tennessee Bar Association members through an agreement with Fastcase, a leading online legal research firm. The TBA member benefit is national in scope and offers TBA members unlimited usage, unlimited customer service and unlimited printing -- all at no cost. Log in now to try it out.

http://www.tba2.org/members/member_fastcase_login.php

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 or to obtain a text version of each opinion, 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 the TBA's Membership Central.

01 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
04 - TN Court of Appeals
01 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

You can obtain full-text versions of the opinions two ways. We recommend that you download the Opinions to your computer and then open them from there. 1) 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. 2) 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.

SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TSC

http://www.tba2.org/tba_files/TSC/2007/certlist_073007.pdf


WALTER BLAIR v. TENNESSEE BOARD OF PROBATION AND PAROLE

Court: TCA

Attorneys:

Walter Blair, appellant, pro se.

Robert E. Cooper, Jr., Attorney General & Reporter, Michael E. Moore, Solicitor General, and Joshua D. Baker, Assistant Attorney General, for the appellee, Tennessee Board of Probation and Parole.

Judge: KIRBY

This appeal involves a petition for writ of certiorari challenging the denial of parole. The petitioner inmate was serving time for second-degree murder. After his first parole hearing, the petitioner was denied parole due to the seriousness of his offense. His next parole hearing was deferred for four years. The petitioner filed an unsworn petition for certiorari against the parole board, challenging the legality of its decision. The board filed a motion to dismiss for failure to comply with the verification requirement for a writ of certiorari. The petitioner then filed a motion to amend his petition to comply with the verification requirement. The petitioner's motion to amend was granted, but the trial court dismissed the petition for failure to state a claim upon which relief can be granted. The petitioner now appeals. We affirm, concluding that, at the time the trial court dismissed the petition for failure to state a claim, it did not have subject matter jurisdiction over the matter because the petition was not verified within the sixty-day period for filing a sworn petition.

http://www.tba2.org/tba_files/TCA/2007/blairw_073007.pdf


MARILYNN DIANE GALLOWAY v. JOHN ASHLEY GALLOWAY

Court: TCA

Attorneys:

Clark Lee Shaw, Nashville, Tennessee, for the appellant, John Ashley Galloway.

Larry Samuel Patterson, Jr., Columbia, Tennessee, for the appellee, Marilynn Diane Galloway.

Judge: CAIN

This case is a divorce proceeding in which the only issues brought before this Court are whether the preponderance of the evidence support the trials court's division of property between the parties and whether either party is entitled to attorney's fees on appeal. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCA/2007/gallowaym_073007.pdf


SHANNON MAYS v. MUSIC CITY RECORD DISTRIBUTORS, INC.

Court: TCA

Attorneys:

W. Judd Peak, Nashville, Tennessee, for the appellant, Music City Record Distributors, Inc.

Stephen Childers Crofford and Mary A. Parker, Nashville, Tennessee, for the appellee, Shannon Mays

Judge: CAIN

Employee sued Employer under the Tennessee Human Rights Act (THRA) alleging repeated acts of sexual harassment in the work place by supervisory personnel. After Employer's Motion for Summary Judgment was denied, the case was tried on its merits, non-jury, resulting in judgment for Employee. Employer appealed this judgment but limited the appeal to the assertions that the trial court erred in denying its Motion for Summary Judgment and in holding that Employer had failed to prove by a preponderance of the evidence its affirmative defenses. The judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCA/2007/mayss_073007.pdf


NANCY ANN MCCRACKEN SIZEMORE v. STEVEN DOUGLAS SIZEMORE

Court: TCA

Attorneys:

Edward Kershaw, Greeneville, Tennessee, for the appellant, Steven Douglas Sizemore.

Judith Fain, Johnson City, Tennessee, for the appellee, Nancy Ann McCracken Sizemore.

Judge: SUSANO

("Husband"), for divorce in the Washington County Circuit Court. She subsequently filed a notice of voluntary dismissal in that case. On the day the notice of nonsuit was filed in Circuit Court, Wife filed a divorce complaint in the Chancery Court for Washington County. The parties proceeded to trial in that court. The Chancery Court granted Wife a divorce, divided the parties' marital property, and ordered Husband to pay Wife child support and alimony. Following the entry of the Chancery Court's judgment, Husband filed a counterclaim in the Circuit Court proceeding -- the one that had been dormant since Wife filed her notice of voluntary nonsuit some two years earlier. He argues that the case in Circuit Court was still pending because that court had not entered an order dismissing Wife's complaint. The Circuit Court dismissed Husband's counterclaim, stating (1) that Husband had waived his right to have the parties' divorce case tried in Circuit Court by fully participating in the trial in Chancery Court; and (2) that Wife's notice of nonsuit had "effectively dismissed the case" in Circuit Court. On appeal from the Chancery Court case, Husband contends that (1) the Chancery Court "never had jurisdiction" because the complaint in Circuit Court was pending when the Chancery Court purported to assume jurisdiction; (2) the Chancery Court erred in not allowing him to obtain a transcript of the divorce hearing; (3) the Chancellor was biased against him and should have recused himself; (4) the Chancery Court erred in ordering him to pay child support for the parties' disabled adult son; (5) the Chancery Court erred in its division of the parties' marital property; (6) the Chancery Court erred in awarding Wife alimony; (7) the Chancery Court erred in imputing $100,000 per year of income to Husband; and (8) the Chancery Court erred in finding him in contempt. On appeal from the Circuit Court, Husband argues that the court lacked authority to dismiss his counterclaim. We affirm the judgments of both courts.

http://www.tba2.org/tba_files/TCA/2007/sizemoren_073007.pdf


In re: ERLENE WEEMS d/b/a E & W BONDING CO.

Court: TCCA

Attorneys:

Dale Quillen, Nashville, Tennessee, for the appellant, Erlene Weems d/b/a E & W Bonding.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Bret Gunn, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The appellant, Erlene Weems d/b/a/ E & W Bonding Co., appeals the trial court's dismissal of its motion to nullify and void a previous order declaring the final forfeiture of bail bond in the case of criminal defendant Carlos Albert Cabellero-Grajeda. Following review of the record, we dismiss this appeal.

http://www.tba2.org/tba_files/TCCA/2007/weemse_073007.pdf


TODAY'S NEWS

Legal News
Upcoming
BPR Actions
TBA Member Services

Legal News
Gonzales given one week to 'correct' testimony
Senate Judiciary Chairman Patrick Leahy has given Alberto Gonzales one week to "correct his testimony" about the Bush administration's wiretapping activities. Leahy made the comments Sunday on "Face The Nation." Senate Democrats are calling for a perjury investigation, claiming Gonzales has, "at a minimum," provided "half-truths and misleading statements" in testimony to Congress, most recently over secret surveillance.
Read more and see the video from CBS
Roberts taken to hospital after fall
Chief Justice John Roberts was taken by ambulance to a hospital this afternoon after a fall on a dock near his summer home in Maine, the Associated Press reports. "He was conscious and alert when they put him in the rescue (vehicle) and took him to Penobscot Bay Medical Center," a spokesperson said.
Read more from the AP
Council works to improve jury service perception
In holding an organizational meeting last week, the Tennessee Judicial Council hopes to change the poor perception people may have of serving on a jury.
Read the story in the Times Free Press
Penalty for causing heat death of child varies widely
Deaths of children left in hot cars have increased dramatically since they have been required to ride in the back seat, studies show. And punishment for those responsible -- often loving parents -- varies widely from state to state.
The Commercial Appeal carried this AP story
New Fayette jail can't come too soon
Those using the old Fayette County jail are counting the days until the county's new $16 million justice center opens later this fall. While no jail is built with the anxieties of the claustrophobic in mind, this mid-1950s structure could win a casting call to fit Hollywood's idea of a film noir Old South,
the Commercial Appeal reports
Information gathered in Knox 'sunshine' case
Depositions taken in the News Sentinel's lawsuit against Knox County commissioners over alleged violations of the Tennessee Open Meetings Act were taken last week and a Knox County chancellor could decide the case soon. At issue is a Jan. 31 meeting during which the newspaper alleges commissioners openly flouted the sunshine law.
The News Sentinel has more
Editorial supports juvenile court process in He case
In an editorial, the Commercial Appeal says that the Shelby County Juvenile Court handled the recent transfer of Anna Mae He "efficiently, compassionately and sensitively." Although the court has taken heat lately, the paper writes "the custody transfer was handled in a professional manner, and that [Judge Curtis] Person and his team bent over backward to look out for Anna's welfare and best interests."
Read the editorial
Upcoming
Nominations sought for Access to Justice Awards
The Tennessee Bar Association's Access to Justice Committee is soliciting nominations for the 2007-2008 Access to Justice Public Services Awards. Awards include the newly renamed Ashley T. Wiltshire Public Service Attorney of the Year Award, the Harris Gilbert Pro Bono Award and the Law Student Volunteer Award, which will be presented at the TBA Public Service Awards Luncheon scheduled for Jan. 19. The deadline for nominations is Aug. 24.
Click here for more information or to submit a nomination
BPR Actions
Nashville attorney censured
Terry R. Clayton of Nashville received a public censure from the Board of Professional Responsibility based upon two complaints. First, she failed to keep her client informed and failed to respond to the client's request for information, resulting in the case being dismissed without prejudice for failure to appear. In the second complaint Clayton represented a client in a divorce that was dismissed, but Clayton did not inform the client until six months later.
Read the BPR's release
TBA Member Services
TBJ features notice pleadings, non-compete agreements
Andree Sophia Blumstein writes in the August Tennessee Bar Journal about how the Twombly decision affects notice pleadings, and Josh McCreary gives an update on physician non-compete agreements. Read regular columnists Marcia Eason, Donald F. Paine, Dan Holbrook and Bill Haltom, as well as book reviews and news.

Regretably, the print version omitted the footnotes to Holbrook's column on Tennessee Investment Services Trusts, "Where There's a Will." However, the complete column is available online.
Read the August Tennessee Bar Journal

 
 
UNSUBSCRIBE TO TBAToday? ... SURELY NOT!
But if you must, visit the TBALink web site at: http://www.tba2.org/tbatoday/unsub_tbatoday.php

TBALink HomeContact UsPageFinderWhat's NewHelp
 
 
© Copyright 2007 Tennessee Bar Association