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TODAY'S OPINIONS
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WILLIS BRUCE AMOS, et al., v. THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE

Court: TCA

Attorneys:

C. Dewey Branstetter, Jr., Mark A. Mayhew, and David L. Raybin, Nashville, Tennessee, for the appellants, Willis Bruce Amos, et al.

Karl F. Dean, James L. Charles, Laura Kidwell, and Matthew J. Sweeney, Nashville, Tennessee, for the appellee, the Metropolitan Government of Nashville and Davidson County, Tennessee.

Judge: SCOTT

This appeal involves a declaratory judgment on the issue of whether pursuant to the Metro Code, the Metropolitan Government of Nashville and Davidson County, Tennessee, should have included lump-sum payments for accrued vacation time in the calculation of pension benefits for retired employees, or in the alternative, whether the Metropolitan Government of Nashville and Davidson County, Tennessee should be estopped from excluding lump-sum payments for accrued vacation time from the calculation of pension benefits for retired employees. On appeal, the Appellants claim that the trial court erred in finding that: 1) pursuant to the Metro Code, lump-sum payments should be excluded from the calculation of pension benefits for retired employees, 2) the Metropolitan Government of Nashville and Davidson County, Tennessee is not estopped from excluding the lump-sum payments from the calculations, and 3) denying certification of this matter as a class action. Finding no error, we affirm.

http://www.tba2.org/tba_files/TCA/2007/amosw_080307.pdf

CLEMENT DISSENTING
http://www.tba2.org/tba_files/TCA/2007/amosw_dis_080307.pdf


CHERYL BROWN GIGGERS, ET AL. v. MEMPHIS HOUSING AUTHORITY, ET AL.

Court: TCA

Attorneys:

Archie Sanders, III, Memphis, TN, for Appellants

C. Wesley Fowler, Memphis, TN, for Appellee, Memphis Housing Authority Joe Lee Wyatt, William J. Wyatt, Memphis, TN, for Appellee, Scruggs Security & Patrol, LLC

Judge: HIGHERS

This appeal involves a wrongful death action arising from the fatal shooting of a tenant at a public housing property. The decedent was in the managerís office of the apartment complex when another tenant, who was involved in an altercation with a security guard on the premises, obtained a rifle from his apartment and began shooting at the security guard. The decedent was struck and killed by a bullet fired by the other tenant during the incident. The plaintiffs, the surviving children and sister of the decedent, sued the defendant owner and operator of the public housing property, asserting claims for wrongful death through negligence and breach of contract per the lease agreement. The trial court granted the defendantís motion for summary judgment. We affirm.

http://www.tba2.org/tba_files/TCA/2007/giggersc_080307.pdf


CASSANDRA ROGERS v. STATE OF TENNESSEE

Court: TCA

Attorneys:

R. Steven Waldron of Murfreesboro, Tennessee For Appellant, Cassandra Roberts

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Dawn Jordan, Assistant Attorney General for Appellee, State of Tennessee

Judge: CRAWFORD

Following a car accident, Claimant/Appellant filed a Complaint with the Tennessee Claims Commission. The Complaint stated that Claimant/Appellant did not have sufficient facts to state definitively a claim for negligence against a Tennessee State Trooper. The State filed a motion to dismiss, which the Commission granted. Claimant/Appellant appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2007/rogersc_080307.pdf


CONNIE LEE ARNOLD v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

C. Brad Sproles, Kingsport, Tennessee, for the appellant, Connie Lee Arnold.

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Anthony Wade Clark, District Attorney General; and Kenneth Baldwin, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCGEE OGLE

The petitioner, Connie Lee Arnold, appeals the Carter County Criminal Court's denial of his petition for post-conviction relief from his convictions for child rape and especially aggravated sexual exploitation of a minor and resulting effective thirty-seven-year sentence. On appeal, he contends that (1) he received the ineffective assistance of trial counsel because his attorney failed to file a motion for change of venue based on pretrial publicity and (2) the post-conviction court judge erred by refusing to recuse himself from this case. Upon review of the record and the parties' briefs, we conclude that the petitioner did not receive the ineffective assistance of counsel and that the post-conviction court did not err by denying the petitioner's motion to recuse. Nevertheless, we hold that the judge who presided over this post-conviction proceeding is disqualified from any subsequent proceedings in this case.

http://www.tba2.org/tba_files/TCCA/2007/arnoldc_080307.pdf


Juvenile Court Youth Services Officers

TN Attorney General Opinions

Date: 2007-08-02

Opinion Number: 07-115

http://www.tba2.org/tba_files/AG/2007/ag_07-115.pdf

TODAY'S NEWS

Legal News
Legislative News
Upcoming
TBA Member Services

Legal News
Department of Labor shuts down Nashville firm for evading workers' comp laws
A controversial Nashville firm that has been investigated for claiming to provide immigrants with complex legal, financial and immigration assistance without being licensed to do so, has been shut down by the Department of Labor for evading workers' compensation laws.
Read more about Ceja Enterprises in the Nashville Scene
Judicial performance reviews on the rise
As public interest in judges' professional performance grows, states' use of judicial performance evaluations has been on the rise.
Read more on Law.com
New rules proposed for 11th, 29th judicial districts
Proposed rules for the 11th and 29th Judicial Districts are available for comment from the Administrative Office of the Courts. The deadline for making comments is Aug. 31 for the 11th District and Aug. 27 for the 29th District.
Find the rules and how to comment on the AOC web site
Feds file to get Ford's Rolex
The U.S. Attorney's Office sued this week for permanent possession of the diamond-encrusted $70,000 Rolex wristwatch given to senator-turned-convicted felon John Ford by a local developer.
Read more in the Memphis Commercial Appeal
Legislative News
Cooper gets probation in drunken-driving case
State Sen. Jerry Cooper pleaded no contest today to a drunken driving charge and was sentenced to one day in jail and a year of probation. The senator was critically injured in a car crash on Feb. 7 when his sport utility vehicle overturned several times on Interstate 24 in Rutherford County.
Read more in the Knoxville News Sentinel
Crider will leave House
Republican Rep. Chris Crider said today he won't seek another term in the state House, opening up a seat in traditionally Democratic territory. Crider, 33, said he plans to run for mayor of Milam in November.
Read more in the Tennessean
Upcoming
Anderson portrait to be unveiled in Knoxville
The Tennessee Supreme Court will unveil the portrait of Justice E. Riley Anderson on Sept. 25 at 4 p.m. on the 2nd floor of the Supreme Court Building, 505 Main St. There will be a reception following.

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