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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
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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.
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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
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| TODAY'S NEWS |
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Legal News
Legislative News
TBA Member Services
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| 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
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| 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
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| 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
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| 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
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| 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.
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| 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.
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The Tennessean reports
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| 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.
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| 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
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| 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
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| 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.
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The City Paper has the full story
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| 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
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| 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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