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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.

07 - TN Supreme Court
02 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
01 - TN Court of Appeals
10 - 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.

AUTO CREDIT OF NASHVILLE v. MELISSA WIMMER
Corrected

Court: TSC

Attorneys:

James D. R. Roberts and Janet L. Layman, Nashville, Tennessee, for the appellant, Auto Credit of Nashville.

Steven J. Christopher and James B. Hawkins, Gallatin, Tennessee, for the appellee, Melissa Wimmer. Daniel W. Small (oral argue) and Timothy L. Amos, Nashville, Tennessee, for the Amicus Curiae, Tennessee Bankers Association. Steven J. Eisen, Nashville, Tennessee, and Bradley E. Trammell and Adams S. Baldridge, Memphis, Tennessee, for the Amicus Curiae, Tennessee Consumer Finance Association. David J. Tarpley (oral argue) and Sharmila L. Murthy, Nashville, Tennessee, and Webb A. Brewer, Frank S. Cantrell, and Craig P. Barnes, Memphis, Tennessee, for the Amicus Curiae, Tennessee Alliance for Legal Services.

Judge: BARKER

This case arises out of the financing and subsequent repossession of an automobile. After retaking possession of the collateral, the creditor sent written notification to the debtor that the automobile would be sold but that she could redeem the vehicle by paying the full amount owed. Although the debtor never received this notification, the creditor was unaware of that fact until after the sale of the vehicle. Because the sale price did not cover the amount owed on the vehicle, the creditor sought a deficiency judgment against the debtor. The debtor filed a counterclaim for statutory damages under the Uniform Commercial Code (UCC), claiming that she had not received proper notification. The trial court awarded a deficiency judgment against the debtor and dismissed the debtor's counterclaim. The Court of Appeals, only addressing the dismissal of the counterclaim, reversed the trial court and held that the creditor failed to furnish reasonable notification of the sale to the debtor, in that the creditor failed to take reasonable steps to determine whether the notification had been delivered to the debtor before proceeding with the sale. We reverse the Court of Appeals and hold that the UCC's reasonable notification requirement does not require the creditor to verify receipt and that the creditor's actions in this case were sufficient to comply with the statute. Therefore, the counterclaim for statutory damages is dismissed.

http://www.tba2.org/tba_files/TSC/2007/autocredit_corr_081707.pdf


STATE OF TENNESSEE v. ERIC BERRIOS

Court: TSC

Attorneys:

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Mark A. Fulks, Assistant Attorney General; William L. Gibbons, District Attorney General; and Valerie Smith, Assistant District Attorney General, for the appellant, State of Tennessee.

William D. Massey and Lorna S. McClusky, Memphis, Tennessee, for the appellee, Eric Berrios.

Judge: WADE

The defendant, Eric Berrios, was charged with one count of possession with intent to sell or deliver more than three hundred grams of cocaine. After the trial court granted the defendant's motion to suppress the cocaine seized during the traffic stop, the State was granted an interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. The Court of Criminal Appeals affirmed the suppression of the evidence. We granted the State's application for permission to appeal to determine whether the officer's actions amounted to an unconstitutional seizure and, if so, whether the defendant's consent to search the vehicle was sufficiently attenuated from that illegal act. Because the seizure violated constitutional safeguards and because the consent to search was not sufficiently attenuated from the violation, we affirm the suppression of the evidence. The judgment of the Court of Criminal Appeals is, therefore, affirmed.

http://www.tba2.org/tba_files/TSC/2007/berriose_081707.pdf


MARISSA MILLER, A MINOR, BY AND THROUGH HER MOTHER, AND NEXT FRIEND, MIRANDA MILLER V. JOHN DACUS, M.D.

Court: TSC

Attorneys:

William B. Raiford, III, Clarksdale, Mississippi, Timothy R. Holton and Carroll C. Johnson, III, Memphis, Tennessee, for the petitioner, Marissa Miller.

C.J. Gideon, Jr., Dixie W. Cooper, Kelly R. Thomas, and Christopher A. Vrettos, Nashville, Tennessee, for the respondent, John Dacus, M.D.

Judge: BARKER

In 2003, the Plaintiff through her mother and next friend brought a medical malpractice suit in federal district court against the obstetrician for injuries sustained by the Plaintiff during her birth in 1993, alleging both medical negligence and lack of informed consent. The district court dismissed the lack of informed consent claim on summary judgment, ruling that a child born alive does not have an independent action for lack of informed consent. On appeal, the United States Court of Appeals for the Sixth Circuit certified two questions of law to this Court. We hold that a child born alive does have an independent cause of action for injuries caused by the failure of a physician to obtain informed consent from the child's mother during labor. Also, we hold that Tennessee Code Annotated section 28-1-106 tolls the three-year statute of repose for the Plaintiff's lack of informed consent claim because the claim was commenced before December 9, 2005. See Calaway v. Schucker, 193 S.W.3d 509 (Tenn. 2005).

http://www.tba2.org/tba_files/TSC/2007/dacusj_081707.pdf


STATE OF TENNESSEE v. SABRINA RENEE LEWIS

Court: TSC

Attorneys:

Jay Norman, Nashville, Tennessee, for the appellant, Sabrina Renee Lewis.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Elizabeth B. Marney, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Pamela Anderson and Roger Moore, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WADE

The Defendant, Sabrina Renee Lewis, was convicted of criminally negligent homicide and facilitation of especially aggravated robbery. The trial court imposed a twenty-one-year effective sentence. The Court of Criminal Appeals affirmed. We granted permission to appeal in order to consider three evidentiary questions, the last two of which require interpretations of the federal and state constitutional provisions relating to the right of onfrontation: (1) whether a videotaped statement by the Defendant was admissible as "against interests"; (2) whether a statement by the victim was admissible as a dying declaration; and (3) whether expert testimony regarding DNA test results was admissible. Because the videotaped statement by the Defendant was properly allowed as an admission by a party opponent, because a testimonial dying declaration does not violate the right of confrontation under the federal or state constitution, and because confrontation rights do not prohibit an expert evaluation of DNA data, the judgment of the Court of Criminal Appeals is affirmed.

http://www.tba2.org/tba_files/TSC/2007/lewiss_081707.pdf


STATE OF TENNESSEE v. TINO VERNELL RODGERS (A MINOR)

Court: TSC

Attorneys:

Roger Stanfield, Jackson, Tennessee, for the appellant, Tino Vernell Rodgers.

Robert E. Cooper, Attorney General and Reporter; Michael E. Moore, Solicitor General; John H. Bledsoe, Assistant Attorney General; Gary Brown, District Attorney General; and Larry Hardister, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WADE

We granted review to answer two questions: (1) whether the trial court erred by dismissing a petition for post-commitment relief from a probation violation in juvenile court; and (2) whether the Court of Appeals erred by dismissing the appeal as moot because the Petitioner had reached the age of nineteen. Because an oral directive by the juvenile court placing a minor under house arrest is not a valid court order, the trial court erred by dismissing the petition for post-commitment relief. Because a probation violation in juvenile court may have adverse consequences after the completion of a term of commitment, the doctrine of mootness does not apply. The judgment of the Court of Appeals is reversed, and the order of juvenile commitment is set aside.

http://www.tba2.org/tba_files/TSC/2007/rodgers_081707.pdf


ALEXANDER C. WELLS v. TENNESSEE BOARD OF REGENTS, TENNESSEE STATE UNIVERSITY, AND JAMES HEFNER

Court: TSC

Attorneys:

Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General, Jay C. Ballard, Assistant Attorney General, for the appellants, Tennessee Board of Regents, Tennessee State University, and James Hefner.

Phillip L. Davidson, Nashville, Tennessee, for the appellee, Alexander C. Wells.

Judge: WADE

We accepted review of this case to decide whether a tenured university professor whose employment by the State was wrongfully terminated may recover back pay and lost benefits pursuant to Tennessee Code Annotated section 49-8-304. While the trial court initially found there was no statutory authority to grant monetary damages, the plaintiff was awarded back wages, lost benefits, and interest. The Court of Appeals affirmed. Because there is no statutory authority for the award, however, the judgments of the trial court and the Court of Appeals must be reversed and the cause dismissed.

http://www.tba2.org/tba_files/TSC/2007/wells_081707.pdf


MICHAEL WILHELM v. KROGERS, d/b/a PEYTON'S SOUTHEASTERN

Court: TSC

Attorneys:

Lisa L. Conner, Chattanooga, Tennessee, for the appellant, Krogers, d/b/a Peytonís Southeastern.

H. Franklin Chancey, Cleveland, Tennessee, for the appellee, Michael Wilhelm.

Judge: WADE

In 2004, the plaintiff, Michael Wilhelm, filed a workers' compensation claim alleging an injury to his back and left hip. In response, the defendant, Krogers d/b/a Peytonís Southeastern, denied the claim, asserting that the injuries did not arise out of his employment. At the conclusion of the trial, the trial court awarded the plaintiff a 35% permanent partial disability to the body as a whole. The Special Workers' Compensation Appeals Panel affirmed the judgment. Because, however, the injuries do not qualify as work-related and an earlier workers' compensation settlement bars recovery, the judgment must be reversed and the case dismissed.

http://www.tba2.org/tba_files/TSC/2007/wilhelm_081707.pdf


SHARON ELDRIDGE v. PUTNAM COUNTY BOARD OF EDUCATION

Court: TWCA

Attorneys:

Frederick R. Baker, Cookeville, Tennessee, for the appellant, Putnam County Board of Education.

Chad Marcus Jackson, Nashville, Tennessee, for the appellee, Sharon Eldridge.

Judge: SCOTT

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The trial court found that the employee had not had a meaningful return to work, and awarded twenty percent (20%) permanent partial disability to the body as a whole. The employer has appealed that ruling, contending that the award should have been "capped" in accordance with Tenn. Code Annotated section 50-6-241(d)(1)(A) (Supp. 2004) and that the Court erred by accrediting the testimony of Dr. Fishbein over that of Dr. Talmage. We affirm the judgment of the trial court as modified herein.

http://www.tba2.org/tba_files/TSC_WCP/2007/eldridges_081707.pdf


JAMES RIGNEY v. UNITED TECHNOLOGIES ET AL.

Court: TWCA

Attorneys:

Terry L. Hill and Heather E. Hardt, Nashville, Tennessee, for the appellants, United Technologies and Carrier Corporation.

Garry Ferraris, Nashville, Tennessee, for the appellee, James Rigney.

Judge: SCOTT

This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The trial court found that the employee suffered a permanent psychological injury while working, and awarded seventy percent (70%) permanent partial vocational disability to the body as a whole. The employer has appealed that ruling, contending that the evidence preponderates against the trial court's findings that the employee received a permanent psychological injury and that the award of seventy percent disability to the body as a whole is excessive. Also, the employer contends that the trial court erred in awarding the payment of past and future medical treatment. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TSC_WCP/2007/rigneyj_081707.pdf


STEVEN D. TUTT v. TENNESSEE DEPARTMENT OF CORRECTIONS

Court: TCA

Attorneys:

Steven D. Tutt, Nashville, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Bradley W. Flippin, Assistant Attorney General, for the appellee, Tennessee Department of Corrections.

Judge: COTTRELL

An inmate convicted of rape of a child filed a Petition for Declaratory Judgment, asking the Chancery Court to find that he was entitled to earn sentence reduction credits so he could be released from prison before the end of his fifteen year sentence. The Chancery Court dismissed the petition on the ground that the statute under which he was convicted required him to serve 100% of his sentence, undiminished by any sentence reduction credits. We affirm.

http://www.tba2.org/tba_files/TCA/2007/tuttsd_081707.pdf


STATE OF TENNESSEE v. ALECIA DIANE COOPER

Court: TCCA

Attorneys:

Phillip L. Davidson, Nashville, Tennessee, for the Appellant, Alecia Diane Cooper.

Robert E. Cooper, Jr., Attorney General & Reporter; Benjamin A. Ball, Assistant Attorney General; Charles F. Crawford, District Attorney General; and Michael D. Randles, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WITT

The defendant, Alecia Diane Cooper, appeals her Bedford County Circuit Court jury convictions of attempt to commit assault, see T.C.A. sections 39-13-101(a)(3) (2006) and 39-12-101 (2006), and disorderly conduct, see id. section 39-17-305, Class C misdemeanors. The convictions resulted from a confrontation between a security officer at the 2005 Tennessee Walking Horse National Celebration in Shelbyville and the defendant, who was a competitor and sponsor in the Celebration. On appeal, the defendant claims that the evidence was insufficient to support both convictions.

http://www.tba2.org/tba_files/TCCA/2007/coopera_081707.pdf


DONOVAN DAVIS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Donovan Davis, Whiteville, Tennessee, pro se.

Robert E. Cooper, Jr., Attorney General and Reporter; Preston Shipp, Assistant Attorney General; Victor S. (Torry) Johnson III, District Attorney General; and Pamela Sue Anderson, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Petitioner, Donovan Davis, filed a Petition for Writ of Habeas Corpus attacking his 1998 convictions for facilitation of felony murder and aggravated robbery, for which he received consecutive sentences for a total effective sentence of thirty (30) years. The trial court summarily dismissed the petition without an evidentiary hearing. Petitioner has appealed, arguing that (1) the sentences were imposed in direct violation of his constitutional rights to have a jury determine sentencing enhancement factors, and (2) the habeas corpus trial court erroneously relied upon Petitioner's waiver of appeal of his convictions and sentencing. The State has filed a motion to affirm pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Finding the motion to be well-taken, it is hereby granted. Accordingly, the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2007/davisd_081707.pdf


STATE OF TENNESSEE v. JAMES B. HUNTER

Court: TCCA

Attorneys:

Lloyd A. Levitt, Chattanooga, Tennessee, for the appellant, James B. Hunter.

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; William H. Cox, District Attorney General; and Lila Statom, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, James B. Hunter, pled guilty to simple possession of marijuana and possession of less than .5 grams of cocaine in exchange for concurrent sentences of eleven months twenty-nine days, suspended, and three years, suspended on supervised probation, respectively. As a condition of his plea, pursuant to Tennessee Rule of Criminal Procedure 37(b)(2), the defendant reserved a certified question of law dispositive of the case regarding whether the police had reasonable suspicion to stop and detain his vehicle and had probable cause to search him and his property. Following our review of the record and the parties' briefs, we conclude that the officers had reasonable suspicion to stop the defendant but did not have probable cause to search the defendant or his vehicle. Therefore, all evidence gathered from this constitutionally impermissible search must be suppressed. Because the evidence is dispositive to the case at hand, we reverse the judgments of the trial court and dismiss this case.

http://www.tba2.org/tba_files/TCCA/2007/hunterj_081707.pdf


STATE OF TENNESSEE v. JIMMY DEWAYNE LENTZ

Court: TCCA

Attorneys:

Donna Leigh Hargrove, District Public Defender; Andrew Jackson Dearing, III, Assistant Public Defender; and Michael J. Collins, Assistant Public Defender, Shelbyville, Tennessee, for the appellant, Jimmy Dewayne Lentz.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; William Michael McCown, District Attorney General; and Weakley E. Barnard, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Following a jury trial, Defendant, Jimmy Dewayne Lentz, was convicted of vandalism, a Class C felony. The trial court denied Defendant's request for alternative sentencing and sentenced Defendant to five years, six months in confinement. On appeal, Defendant argues that the evidence was insufficient to support the jury's finding that the value of the property vandalized was in excess of $10,000. Defendant does not appeal the trial court's denial of alternative sentencing but argues that the trial court erred in determining the length of his sentence. After a thorough review of the record, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/lentzj_081707.pdf


BRANDON ROLAND v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Keith H. Grant, Dunlap, Tennessee, for the Appellant, Brandon Roland.

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

Judge: WITT

The petitioner, Brandon Roland, who was convicted of first degree murder and theft over $10,000, sought post-conviction relief from the Rhea County Circuit Court, which denied relief after an evidentiary hearing. On appeal, the petitioner presents several issues of the ineffective assistance of counsel. We affirm the denial of post-conviction relief.

http://www.tba2.org/tba_files/TCCA/2007/rolandb_081707.pdf


STATE OF TENNESSEE v. SHERMAN TYLER RUMSEY

Court: TCCA

Attorneys:

Kenneth R. McKnight, Murfreesboro, Tennessee, for the appellant, Sherman Tyler Rumsey.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; William C. Whitesell, Jr., District Attorney General; and David Puckett, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCGEE OGLE

The appellant, Sherman Tyler Rumsey, was convicted in the Cannon County Circuit Court of aggravated burglary, and he received a three-year suspended sentence. After the appellant's probation was revoked, he filed a motion for a suspension of sentence. The trial court dismissed the motion, and the appellant appeals. Upon our review of the record and the partiesí briefs, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/rumseys_081707.pdf


McARTHUR SHARP v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Sean G. Williams, Cleveland, Tennessee, for the appellant, McArthur Sharp.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Jerry N. Estes, District Attorney General; and John H. Bledsoe and Shari Young, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: MCLIN

The petitioner, McArthur Sharp, pled guilty to two counts of the sale of less than .5 grams of cocaine, Class C felonies; one count of the sale of .5 grams or more of cocaine, a Class B felony; and violation of probation. He was sentenced to an effective term of eighteen years imprisonment. Thereafter, he filed a petition for post-conviction relief, which the court denied after a hearing. On appeal, he argues that the post-conviction court erred in denying relief because he received the ineffective assistance of counsel which caused him to enter unknowing and involuntary guilty pleas. Following our review of the record and the parties' briefs, we affirm the denial of post-conviction relief.

http://www.tba2.org/tba_files/TCCA/2007/sharpm_081707.pdf


RONNIE SIMS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

J. Chase Gober, Nashville, Tennessee, for the appellant, Ronnie Sims.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Amy Eisenbeck, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Petitioner, Ronnie Sims, appeals the post-conviction court's order denying his petition for post-conviction relief, arguing that relief is warranted because his trial counsel was ineffective for failing to obtain an audiotape recording of the victim's emergency telephone call to the Vanderbilt University Police Department and for failing to thoroughly investigate an alibi witness. Following our review, we affirm the post-conviction courtís order denying relief.

http://www.tba2.org/tba_files/TCCA/2007/simsr_081707.pdf


ARTHUR W. STAMEY v. STATE OF TENNESSEE and VIRGINIA LEWIS,

Court: TCCA

Attorneys:

Arthur W. Stamey, Pikeville, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General; J. Michael Taylor, District Attorney General, for appellee, State of Tennessee.

Judge: THOMAS

The petitioner, Arthur W. Stamey, appeals the Bledsoe County Circuit Court's summary dismissal of his petition for a writ of habeas corpus. The petitioner was convicted pursuant to a guilty plea of one count of aggravated sexual battery and received a sentence of nine years as a violent offender. The petitioner contends that his guilty plea was involuntary and that his sentence was illegal due to the original trial court's imposition as a condition of release that he not be around children for the rest of his life, which he claims is in contravention of the statutory authority afforded the Board of Probation and Parole pursuant to Tennessee Code Annotated section 39-13-524. The habeas corpus court summarily dismissed the petition. Following our review, we conclude that the original trial court had no authority to impose such a condition, and we reverse the judgment of the habeas corpus court and remand the case for the entry of an order to remand the case to the original trial court for the entry of a corrected judgment.

http://www.tba2.org/tba_files/TCCA/2007/stameyarthurw_081707.pdf


STATE OF TENNESSEE v. RICHARD SWINEY

Court: TCCA

Attorneys:

Richard A. Spivey, Kingsport, Tennessee, for the Appellant, Richard Swiney.

Robert E. Cooper, Jr., Attorney General & Reporter; Cameron L. Hyder, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and William B. Harper, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WITT

The defendant, Richard Swiney, pleaded guilty in case numbers S49,056; S51,657; and S51,658 to various offenses. He received a four-year suspended sentence in case number S49,056 to run consecutively to the effective six-year sentence in case numbers S51,657 and S51,658. The manner of service for the effective six-year sentence in case numbers S51,657 and S51,658 was determined by the trial court after an evidentiary hearing, and the court ordered the defendant to serve the six years in confinement. The defendant appeals the trial court's order of confinement, and we affirm that order. However, we remand for the correction of several clerical errors in the judgments.

http://www.tba2.org/tba_files/TCCA/2007/swineyr_081707.pdf


TODAY'S NEWS

Legal News
Politics
TBA Member Services

Legal News
Schools halt plans to continue random drug testing
While schools across the state have dropped random drug screening programs following a recent Tennessee Attorney General's opinion that labeled them illegal, three Shelby County high schools were planning to continue testing. Those plans changed Thursday afternoon, when Shelby County Schools Supt. Bobby Webb said through a spokesman that his staff will review the legal opinion and halt any further drug testing until that review is completed.
Read more in the Commercial Appeal
The Roberts Court analyzed
The first full term of the Roberts Supreme Court was a blockbuster, with major rulings on abortion rights, school integration and campaign finance reform. A Legal Times panel analyzed the term.
Read the panel members' commentary
Dress code coming to Hamilton courts
Hamilton County General Sessions judges will soon announce a dress code similar to that recently put in place in other Tennessee counties, banning shirts with rude or obscene images and language, tank tops, sleeveless undershirts and any clothing that exposes underwear. Judge Bob Moon said a woman charged with prostitution recently showed up in his courtroom with a T-shirt that read, "You can love me, but you have to pay me." The judge said, "I had an inclination that she was either making a confession or advertising in my courtroom."
Read more in the Murfreesboro Daily News Journal
September trial date set for Knox open meetings suit
A Knox County chancellor today set a September trial date for the News Sentinel's lawsuit over the appointment process of term-limited officeholders. The court also agreed to allow plaintiffs in two similar lawsuits filed by attorney Herbert S. Moncier to intervene in the News Sentinel case.
Learn more about the case in the Knoxville News Sentinel
District 22 mediation rules proposed
Attorneys have until Sept. 30 to comment on proposed rules on mediation for District 22. Send comments to any of the four Circuit Judges in the 22nd Judicial District.
Download the new rules or find out more
Whole Foods deal can go forward, judge says
A D.C. federal judge has refused to issue an injunction barring Whole Foods from buying competitor Wild Oats for $565 million, the ABA Journal reports today.

Politics
McMillan considering run for governor
Former Tennessee House Majority Leader Kim McMillan, D-Clarksville, today told a Chattanooga group that she is thinking about a run for governor in 2010. While she is currently serving as a senior adviser to Gov. Phil Bredesen, McMillan told a Southeast Tennessee Political Action Committee crowd that she would be "doing a disservice to those people who really believe that I have the opportunity to do that to not think about it," the Chattanooga Times Free Press reports.

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