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.

00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
04 - TN Court of Appeals
04 - TN Court of Criminal Appeals
02 - 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.

ROSEMARY CARTER v. JOHN RALPH BELL, ET AL.

Court: TCA

Attorneys:

Wendell K. Hall, Sevierville, Tennessee, for the appellant, John Ralph Bell.

A. Philip Lomonaco, Knoxville, Tennessee, for the appellee, Rosemary Carter.

Judge: LEE

This personal injury case arose after a licensed pharmacist initiated a romantic relationship with the plaintiff, one of his customers. The pharmacist assured the plaintiff that he was not married, but this was not true. On one occasion, when the plaintiff was at his house, the pharmacist's wife came home unexpectedly, discovered the plaintiff reclining on the guest bed, and assaulted her by repeatedly beating her head against the floor. The plaintiff sued the pharmacist and his wife for damages. A jury awarded the plaintiff compensatory damages for injuries and medical expenses she sustained as a result of the assault. On appeal, the pharmacist contends that he owed the plaintiff no duty of care, that he breached no duty, and that the plaintiff failed to establish that her expenses and condition were caused by the actions of his wife. We affirm the judgment of the trial court based upon the jury's verdict because we determine that the pharmacist owed the plaintiff a duty of ordinary care as the owner or occupier of premises, that there was material evidence that the pharmacist breached this duty, and that there was material evidence that the negligence of the pharmacist and the actions of his wife caused the expenses and injuries for which the plaintiff was awarded compensation.

http://www.tba2.org/tba_files/TCA/2007/carterr_081507.pdf


DUKE BOWERS CLEMENT v. JANET LEIGH TRAYLOR CLEMENT

Court: TCA

Attorneys:

David E. Caywood and Marc E. Reisman, Memphis, Tennessee, for appellant, Janet Leigh Traylor Clement.

Joe M. Duncan, Memphis, Tennessee, for appellee, Duke Bowers Clement.

Judge: KIRBY

This is the second appeal of a divorce case. In the first appeal, this Court determined that the trial court erred in the valuation and distribution of the parties' marital residence, and concluded that the equity in the marital residence should be divided equally between the parties. The cause was remanded to the trial court to consider a method of payment. Before the matter was considered by the trial court on remand, the parties agreed to sell the property. After the property was sold, they divided the proceeds equally. The wife then filed a petition in the trial court disputing the amount she received. She also sought post-judgment interest from the date of the final divorce decree. The trial court denied the wife's petition. The wife now appeals for a second time. We affirm.

http://www.tba2.org/tba_files/TCA/2007/clementd_081507.pdf


MBNA AMERICA, N.A. v. MICHAEL J. DAROCHA

Court: TCA

Attorneys:

Michael J. Darocha, Pro Se.

Ron E. Cunningham of Knoxville, Tennessee for Appellee, MBNA America, N.A.

Judge: CRAWFORD

This case arises from the grant of summary judgment in favor of Appellee/Bank on an award made by an arbitrator. Defendant/Appellant defaulted on his credit card payments and Bank instigated arbitration proceedings against Appellant pursuant to the Bank's standard credit card agreement. The arbitrator found in favor of Bank. Bank filed a motion for summary judgment in the Circuit Court at Johnson County, Tennessee seeking a judgment on the arbitrator's award. Finding no dispute of material fact and, under the authority outlined in the Uniform Arbitration Act, T.C.A. section 29-5-301 et seq., the trial court granted summary judgment in favor of Bank. Appellant appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2007/mbna_081507.pdf


CURTIS N. ROBINSON, ET AL. v. BAPTIST MEMORIAL HOSPITAL - LAUDERDALE

Court: TCA

Attorneys:

James L. Kirby and Timothy D. Patterson of Memphis, Tennessee for Appellant, Baptist Memorial Hospital-Lauderdale

Charles M. Agee, Jr. of Dyersburg, Tennessee for Appellees, Curtis N. Robinson and Shirley Robinson

Judge: CRAWFORD

This appeal arises from a medical negligence case in which a jury verdict was entered in favor of Plaintiffs/Appellees and against Defendant/Appellant Hospital. The Hospital appeals on numerous grounds including: (1) whether the trial court erred in allowing certain evidence in alleged contravention of Tenn. R. Civ. P. 26.05 and 37.03, (2) whether the trial court erred in not granting the Hospital's motion for new trial on the grounds of alleged inappropriate and inflammatory comments and arguments by opposing counsel; and (3) whether there is material evidence to support the jury's verdict. Finding no error, we affirm.

http://www.tba2.org/tba_files/TCA/2007/robinsonc_081507.pdf


STATE OF TENNESSEE v. ERIC WAYNE AGNER

Court: TCCA

Attorneys:

Stacy Nordquist, District Public Defender, and J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Eric Wayne Agner.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Tammy Harrington, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant, Eric Wayne Agner, appeals the trial court's revocation of his probation. The defendant admitted that he did not contact his probation officer after being released from jail. He also acknowledged that he had made no payment toward his court costs, probation fees, or restitution and that he failed to provide a DNA sample as ordered. Accordingly, we affirm the judgments from the trial court.

http://www.tba2.org/tba_files/TCCA/2007/agnere_081507.pdf


STATE OF TENNESSEE v. LETHA DOTSON

Court: TCCA

Attorneys:

J. Shannon Garrison, Dayton, Tennessee, for the appellant, Letha Dotson.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; J. Michael Taylor, District Attorney General; William Dunn, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: THOMAS

Following a jury trial in Rhea County Circuit Court, the defendant was convicted of contributing to the delinquency of a minor, a Class A misdemeanor, and sentenced to eleven months, twenty nine days in jail, with the defendant to serve eleven days in the county jail and the remainder of the sentence on probation. The defendant appeals, contending that the trial court should have dismissed the indictment and issued a judgment of acquittal at the close of the state's proof based on insufficient evidence to support her conviction and that the trial court erred in charging her with criminal responsibility for the conduct of another. After reviewing the record, we conclude that the defendant's issues are without merit and affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/dotsonl_081507.pdf


STATE OF TENNESSEE v. FRED E. SMITH

Court: TCCA

Attorneys:

H. Tod Taylor, Assistant Public Defender, Dyersburg, Tennessee, for the appellant, Fred E. Smith.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; and C. Phillip Bivens, District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The petitioner, Fred E. Smith, appeals from the circuit court's summary dismissal of his pro se petition for writ of habeas corpus. Following our review of the record and applicable law, we affirm the dismissal of the petition.

http://www.tba2.org/tba_files/TCCA/2007/smithf_081507.pdf


STATE OF TENNESSEE v. JAMES VANOVER

Court: TCCA

Attorneys:

Leslie M. Jeffress, Knoxville, Tennessee, for the appellant, James Vanover.

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Randall E. Nichols, District Attorney General; Kevin Allen, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: THOMAS

Following a jury trial in Knox County Criminal Court, the defendant was convicted of rape of a child, a Class A felony, and two counts of aggravated sexual battery, a Class B felony, and sentenced to twenty years in prison on the rape of a child conviction and eight years in prison on each aggravated sexual battery conviction. The court ordered the sentences to run consecutively, resulting in an effective sentence of thirty-six years. On appeal, we affirmed the convictions but remanded the case to the trial court for resentencing because the trial court failed to make appropriate findings concerning consecutive sentencing. State v. James Vanover, No. E 2005-01192-CCA-R3-CD, 2005 WL 521496, at *5-*6 (Tenn. Crim. App. Mar. 2, 2006). The second sentencing hearing was held in June 2006, at which the trial court again imposed consecutive sentences. The defendant appeals, alleging that the trial court improperly applied consecutive sentences. After reviewing the record, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/vanoverj_081507.pdf


Recall Elections

TN Attorney General Opinions

Date: 2007-08-13

Opinion Number: 07-119

http://www.tba2.org/tba_files/AG/2007/ag_07-119.pdf

Constitutionality of Senate Bill 338

TN Attorney General Opinions

Date: 2007-08-13

Opinion Number: 07-120

http://www.tba2.org/tba_files/AG/2007/ag_07-120.pdf

TODAY'S NEWS

Legal News
Legislative News
TBA Member Services

Legal News
Senators ask AG to delay execution authority
The chair and ranking member of the U.S. Senate Judiciary Committee have asked Attorney General Alberto Gonzales to delay implementation of a little-noticed provision of the Patriot Act that allows the AG to approve states' requests to limit the time death row inmates spend on appeals before being executed -- a role traditionally played by the federal courts. The senators have asked that the provision be put on hold for several months so that clear and specific guidelines for its use can be developed.
The Commercial Appeal has more
Ethics committee may have violated due process
The Knox County Ethics Committee may have to reconsider its request that the district attorney investigate three employees about questionable county purchasing card use. The county's ethics policy provides those accused of a "credible complaint" the opportunity to offer a defense, but no such opportunity was given before the committee voted to request the investigation. County Law Director John Owings had left Tuesday's meeting before the committee voted, but said afterward a hearing is required.
The News Sentinel has details
State closes Polk County jail
The state Fire Marshal ordered Polk County Sheriff Bill Davis to vacate all prisoners from the county jail by 3 p.m. today. With more than 50 individuals at the facility, county officials were looking for other jails to take the prisoners. The fire marshal had given the jail 60 days to fix plumbing, electrical, ventilation and sprinkler system problems.
The News Sentinel reports
County to restructure judicial commissioner system
The Hamilton County Commission is expected to take action on Aug. 30 to change the judicial commissioner system, including (1) moving to four full-time commissioners with a higher pay level, (2) subjecting commissioners to some level of supervision and (3) adding the issuing of orders of protection to their duties. Commissioners currently work nights and weekends setting bonds at the county jail.
Learn more at Chattanoogan.com
Barker to swear in Irvine
Tennessee Supreme Court Chief Justice William M. Barker will administer the oath of office to Special Criminal Court Judge Kenneth F. Irvine Jr. at 9:30 a.m. Monday, Aug. 20, in the Division II Courtroom of the Knox County Courthouse. Irvine, who was appointed by Governor Phil Bredesen last week, will serve during the absence of Criminal Court Judge Ray Jenkins, who is ill.

Detention officers won't be prosecuted
Five former Rutherford County Sheriff's Office detention center personnel who were fired for sexual misconduct with female prisoners and violating conduct policies will not be prosecuted after a decision by the district attorney that the conduct "did not rise to the level of forcible-type contact." Details of the incidents were released after the announcement that there would be no criminal charges.
The Tennessean reports
Dyer County Bar Association elects new officers
The Dyer County Bar Association has new elected officers for 2007-2008. They are: President Travis "Wes" Shumate with Jones, Hamilton & Lay PLC, Vice President Cristy Cooper with the 29th Judicial District Child Support Office, and Treasurer Martin Dunn with the firm of Jones, Hamilton & Lay PLC.

Courthouse site gets historical marker
Hamilton County and Soddy-Daisy dignitaries gathered Tuesday to mark the site of the county's first courthouse, which was located inside Poe's Tavern in an area of town known as Poe's Crossroads. The tavern eventually was torn down and another house built on its foundation. That home still stands along Dayton Pike.
Chattanoogan.com recaps the history of the site
FTC files against Whole Foods, reveals confidential data
The Federal Trade Commission moved Tuesday to block Whole Foods' acquisition of Wild Oats Markets Inc. on antitrust grounds. Among the arguments presented to the court, the commission said that Whole Foods plans to close 30 Wild Oats stores that compete with its current locations -- reducing consumer choice and raising organic food prices. But some of the details revealed in the filing were proprietary business information. Whole Foods now says it is investigating the apparent impropriety of the disclosure.
The Tennessean has more
Legislative News
Lobbyists bash ethics courses
Subjected to an expensive, two-hour class that wasn't very informative caused the majority of the state's lobbyists to badmouth the Tennessee Ethics Commission for its first round of ethics training. Some lobbyists also reported a perceived bias against them by the commission staff, saying they acted as if the group had already broken the law. The training sessions are now required under state law enacted in the wake of the Tennessee Waltz scandal.
The City Paper has the full story
Pastors criticize Cohen's support of hate crimes bill
The Memphis Baptist Ministerial Association this week criticized U.S. Representative Steve Cohen, D-Memphis, for supporting federal hate crimes legislation, calling the bill unnecessary. The group of black pastors is concerned that the measure will affect what they can say from the pulpit about gays.
The Commercial Appeal has more
TBA Member Services
Free online legal research
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 new 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 with your TBALink password.
Access Fastcase now

 
 
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