General Practice Summit back with strong lineup

Recognized experts in 15 practice areas will bring you up to date on the latest developments in the law, offer tips, advise you on trends and provide materials and forms at the second annual General Practice Summit, Aug. 23-25 in Nashville. The sessions will also provide you with your entire 15 hours of CLE required for the year, including ethics hours.

https://www.tnbaru.com/CLE/catalog_course_details.php?course=5100

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.

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03 - TN Court of Appeals
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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.

ANN M. HONEYCUTT v. WILKES, McCULLOUGH & WAGNER, and BARBARA McCULLOUGH, INDIVIDUALLY

Court: TCA

Attorneys:

Ronald D. Krelstein, Germantown, TN, for Appellant

James F. Horner, Jr., Memphis, TN, for Appellees

Judge: HORNER

This appeal involves a legal malpractice claim that a client brought against her former attorney after this Court issued a decision terminating the client's receipt of alimony. The attorney had represented the client in her divorce case. When the parties executed their marital dissolution agreement, the attorney allegedly provided erroneous advice to the client about a provision that would terminate her alimony if she cohabited with an unrelated male. Subsequent to the divorce, the client's ex-husband filed a petition to terminate his alimony obligation because the client was living with another man. Although the client initially retained this same attorney to defend against the petition, she later discharged her and retained other counsel. The trial court ruled in the client's favor, but on appeal, we reversed and terminated the alimony obligation. The client then sued her former attorney, but the trial court granted summary judgment to the attorney based upon the one year statute of limitations for legal malpractice claims. We affirm.

http://www.tba2.org/tba_files/TCA/2007/honeycutta_080207.pdf


JAMES A. KILGORE v. JOAN VICTORIA KILGORE v. SHIRLEY WORLEY, et. al.

Court: TCA

Attorneys:

Jennifer Austin Mitchell and L. Thomas Austin, Dunlap, Tennessee, for the appellant, James A. Kilgore.
Keith L. Grant, Dunlap, Tennessee, for the appellants, Shirley Worley and Michael Jason Kilgore.

Stephen T. Greer, Dunlap, Tennessee, for the appellee, Joan Victoria Kilgore.

Judge: FARMER

In this challenge to a property division following divorce, the primary dispute involves two parcels of real property the couple had conveyed to their son in an effort to defraud the IRS. The son later conveyed the larger parcel to the husband's sister. After the husband filed a complaint for divorce, the wife filed a third party complaint against the son and sister-in-law, record owners of the parcels, to recover the real property as a marital asset. The trial court found that the conveyance to the son was never consummated, that the husband had orchestrated their efforts to transfer the property, and that the wife should be awarded the debt-free parcels of land. The record contains clear and convincing evidence that rebuts the presumption of delivery established by the recording of the deeds to the grantees. There was a clear failure of delivery to the son, rendering the transfer void ab initio. Finding the award of real property to the wife proper and the division of the marital estate not inequitable, we affirm.

http://www.tba2.org/tba_files/TCA/2007/kilgorej_080207.pdf


IN THE MATTER OF: M.A.W.

Court: TCA

Attorneys:

Steven Roberts, Memphis, Tennessee, for the appellant.

Robert Samual Weiss, Memphis, Tennessee, for the appellee.

Judge: FARMER

The trial court dismissed Father's petition to modify child custody upon determining no material change in circumstances had occurred. We affirm.

http://www.tba2.org/tba_files/TCA/2007/maw_080207.pdf


STATE OF TENNESSEE v. FRANKLIN DAVIS

Court: TCCA

Attorneys:

Robert S. Peters, Winchester, Tennessee, for the appellant, Franklin Davis.

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; James Michael Taylor, District Attorney General; and William Copeland, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: MCLIN

The defendant, Franklin Davis, was convicted by a Franklin County jury of six counts of vandalism, Class D and E felonies; one count of arson of personal property, a Class E felony; and one count of conspiracy to commit vandalism, a Class D felony. He was sentenced to an effective term of seven years imprisonment. On appeal, the defendant challenges the sufficiency of the convicting evidence and the sentences imposed by the trial court. Following our review of the record, the parties' briefs, and the applicable law, we affirm the defendant's convictions but modify the defendant's sentence for his conviction of arson of personal property. We affirm the defendant's sentences in all other regards.

http://www.tba2.org/tba_files/TCCA/2007/davisf_080207.pdf


STATE OF TENNESSEE V. DAVID LANE GOSS

Court: TCCA

Attorneys:

Michael R. Jennings, Lebanon, Tennessee, for the Appellant, David Lane Goss.

Robert E. Cooper, Jr., Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; Tom P. Thompson, Jr., District Attorney General; Jerry D. Hunt, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

The Defendant, David Lane Goss, was convicted by a Wilson County jury of driving under the influence. On appeal, the Defendant alleges the trial court erred when it: denied his motion to suppress certain oral statements he gave during the traffic stop; denied his motion to dismiss based on his claim that he was not properly taken before a magistrate; and denied his motion for judgment of acquittal. After a thorough review of the record and relevant law, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/gossd_080207.pdf


ROBERT A. PAYNE v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Robert A. Payne, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General, and Victor S. Johnson, III, District Attorney General.

Judge: WELLES

The Petitioner, Robert A. Payne, appeals from the order of the trial court summarily dismissing his petition for post-conviction relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petition was filed outside the statute of limitations and a prior petition for post-conviction relief was previously filed, which was resolved on the merits by a court of competent jurisdiction. Accordingly, the State's motion is granted, and the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2007/payner_080207.pdf


TODAY'S NEWS

Legal News
Legislative News
Passages
Upcoming
TBA Member Services

Legal News
Love sentenced in 'Waltz' matter
Tennessee Waltz defendant Charles Love of Chattanooga was sentenced today in Memphis federal court to one year and one day in prison for his role in the FBI bribery and extortion sting, the Commercial Appeal reports. The lobbyist and former Hamilton County school board member pleaded guilty almost two years ago to four counts of extortion or bribery.
Read the story
Shelby will appeal Donald's refusal to dismiss deseg order
Shelby County Schools announced today it will appeal a judge's ruling that the district has not done enough to have a decades-old desegregation order lifted. U.S. Dist. Judge Bernice Donald issued a 62-page opinion last week that continued the order until 2012 and called for a special master to oversee the district's progress in achieving racial parity.
Read more in the Commercial Appeal
Rove deadline to testify today, Bush expected to block it
Today is the deadline for Karl Rove, Bush's top political adviser, to provide testimony and documents related to the attorney general firings, under a subpoena from the Senate Judiciary Committee. President Bush is expected to claim executive privilege to prevent the testimony.
The News Sentinel carried this AP story
Coffee County forms own probation program
The Coffee County Probation Service was created by the county commission last week. The county's two General Sessions Court judges, Jere Ledsinger and Tim Brock, had suggested the county starts its own probation program, the
Manchester Times reports.
Fugitives turn themselves in by going to church
Ninety-four people went to church yesterday -- when they went in they were fugitives but when they came out most had been absolved of wrongdoing. They had surrended to Nashville police under the U.S. Marshals Service's Fugitive Safe Surrender program, which uses churches as sanctuaries where fugitives can surrender in hopes of clearing their cases.
The Tennessean has the story
Mansour helps expand immigration practice
This Virginia-born lawyer, whose parents immigrated from Palestine, is living her dream of practicing immigration law. Mona Mansour tells about expanding the immigration law practice at Apperson Crump.
The Daily News has more
Whole Foods, Wild Oats combo may be antitrust violation
Would a merger of Whole Foods and Wild Oats amount to an antitrust violation? A reference by Whole Foods' chief executive CEO John Mackey to avoiding "nasty price wars," were cited repeatedly during a Wednesday court hearing to block the the $565 million transaction. "Nasty price wars are nasty to Mr. Mackey," Michael Bloom, a lawyer for the Federal Trade Commission said. "But they are not nasty to consumers."
The Tennessean carried this AP story
Cawood resigns from court job, keeps commission post
A Knox County Commissioner who has been among those under fire for drawing a paycheck from both the commission and a county job, has resigned. Sharon Cawood resigned from her job in the Circuit, Juvenile and Civil Sessions Court Clerk's office "to end any controversy arising from recent events," she wrote in her resignation letter. Cawood was appointed during a controversial Jan. 31 meeting when commissioners selected her and seven others to replace eight commissioners tossed from office because of a state Supreme Court ruling upholding term limits. Many criticized the appointments, especially those of commission relatives. Cawood is married to Mark Cawood, one of the county commissioners ousted Jan. 31.
Read more in the News Sentinel
Jenkins asks for sub again
Knox County Criminal Court Judge Ray Lee Jenkins asked Gov. Bredesen to appoint a special judge to replace him temporarily, the News Sentinel reports this afternoon. The letter to the governor was accompanied by a letter from Jenkins' doctor, stating that he "should be able to fully resume his duties." Jenkins has recently been ill with a parathyroid problem that produces high calcium levels. Retired Judge James B. "Buddy" Scott has been designated to fill in for Jenkins through Aug. 17.

Legislative News
Rep. Favors will stay in House
State Rep. JoAnne Favors announced Wednesday that she will stay in the State House and will not enter the special election to fill the seat held by former State Sen. Ward Crutchfield.
Read more in the Chattanoogan.com
Passages
Service for Vincent set for Friday
A memorial service for Nashville lawyer David Lee Vincent Jr. who died July 31, will be held at noon on Aug. 3, with visitation starting at 11. It will be at Smith Brothers Funeral Directors, 706 Monroe St., Nashville, TN 37208. In lieu of flowers, donations should be made to Tennessee Valley Health Systems (TVHS)-Voluntary Service for Dialysis Unit, 1310 24th Avenue South, Nashville, TN 37212.

Upcoming
U of M to honor 'pillars of excellence'
The University of Memphis Cecil C. Humphreys School of Law alumni chapter will honor 16 of the legal community's "Pillars of Excellence from America's Greatest Generation" at its annual dinner Aug. 18. The honorees include Irvin Bogatin, Jim Causey, Frank Crawford, Charles M. Crump, Lewis Donelson, Hal Gerber, Frank Glankler, Benjamin Hooks, H.T. Lockard, Frances Loring, Jim Manire, Tom Prewitt, S. Shepherd Tate, Billy Walsh, Roane Waring Jr. and Harry Wellford. For more information or to reserve your seat, contact Kelly Davis at 901-678-4299. Deadline is Aug. 13.

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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