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Judge Childers to chair ABA commission
Circuit Court Judge Robert L. Childers of Memphis has been appointed chair of the American Bar Association's Commission on Lawyers Assistance Programs (CoLAP), which provides help to legal professionals and law students experiencing addiction and mental health issues. Childers has a long history of serving both national and state entities dedicated to lawyer well being. Read about his selection on the AOC web site:
http://www.tsc.state.tn.us/geninfo/PRESSREL/2007/073pr.htm#childers
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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.
01 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
05 - 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
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to your computer. 2) Do a key word search in the Search Link area of TBALink. This option will allow you to view
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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List
Court: TSC
http://www.tba2.org/tba_files/TSC/2007/certlist_082007.pdf
GINA ORLENE WYNNE AMENT v. JOSEPH NOLAN WYNNE
Court: TCA
Attorneys:
Johnny D. Hill, Jr., Fayetteville, Tennessee, for the appellant, Joseph Nolan Wynne.
M. Wallace Coleman, Jr., Lawrenceburg, Tennessee, for the appellee, Gina Orlene Wynne Ament.
Judge: COTTRELL
This case involves a dispute over the correct interpretation of the allocation of debt found in a
marital dissolution agreement (MDA). The wife was awarded a Ford Explorer under the MDA and
was made solely responsible for paying the note on the automobile. The husband was made
responsible for "the small Community Bank note." The husband argues that "the small Community
Bank note" is a $400 obligation related to a bad check. The wife argues that it is an obligation of
over $21,000, secured by the Explorer, which is characterized as “"small" to distinguish it from the
$80,000 mortgage indebtedness for which the MDA makes her responsible. The trial court agreed
with the wife, ordered the husband to pay the $21,000, and held that the wife had no financial
obligation related to the Explorer. We reverse the trial court because its order negates the obligation
the wife willingly assumed when she signed the MDA. We accordingly order the wife to pay the
principal amount of the only note that was secured by the Explorer at the time of the parties' divorce.
http://www.tba2.org/tba_files/TCA/2007/amentg_082107.pdf
BEP SERVICES, INC. v. CAREFIRST FOUNDATION, INC. f/k/a PROVIDENT FOUNDATION, INC.
Court: TCA
Attorneys:
Bruce S. Kramer and Scott A. Kramer of Memphis, Tennessee for Appellant, BEP Services, Inc.
Stephen W. Ragland, Clarence A. Wilbon, and Simon C. Bieber of Memphis, Tennessee for Appellee, CareFirst Foundation, Inc. f/k/a/ Provide Foundation, Inc.
Judge: CRAWFORD
Plaintiff appeals the grant of summary judgment to defendants in its suit filed on the theory of equitable subrogation. The trial court found that the undisputed facts established that plaintiff acted as a volunteer and proved no fraud, accident or mistake. We affirm.
http://www.tba2.org/tba_files/TCA/2007/bepservices_082107.pdf
JAMES BEASLEY v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
J. Colin Morris, Jackson, Tennessee, for the appellant, James Beasley.
Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney
General; James G. Woodall, District Attorney General; Alfred Lynn Earls, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: TIPTON
The petitioner, James Beasley, appeals from the Madison County Circuit Court's denying him post-conviction relief from his convictions for aggravated burglary, a Class C felony, and theft of property valued at $500 or less, a Class A misdemeanor. See T.C.A. sections 39-14-403; 39-14-103; 39-14-105(1). He was sentenced to fifteen years and eleven months and twenty-nine days, to be served
concurrently as a Range III offender. The petitioner contends the trial court erred in denying him
post-conviction relief based upon the ineffective assistance of trial counsel. We conclude that no
error exists and affirm the trial court's judgment.
http://www.tba2.org/tba_files/TCCA/2007/beasleyj_082107.pdf
STATE OF TENNESSEE v. FREDDIE McCULLOUGH
Court: TCCA
Attorneys:
C. Anne Tipton, Memphis, Tennessee, for the Appellant, Freddie McCullough.
Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; William L. Gibbons, District Attorney General; and Muriel Conner, Assistant District
Attorney General, for the Appellee, State of Tennessee.
Judge: HAYES
The Appellant, Freddie McCullough, appeals the Shelby County Criminal Court's denial of his
request for non-incarcerative alternative sentences. McCullough pled guilty to one count of
statutory rape and one count of sexual battery, both Class E felonies, and, under the terms of the plea
agreement, received one-year sentences for each conviction with the trial court determining the
manner of service of the sentences. The agreement also allowed McCullough to seek judicial
diversion. After a sentencing hearing, the trial court denied judicial diversion and ordered
McCullough to serve concurrent terms of sixty days in the workhouse on each one-year sentence,
followed by one year of probation. On appeal, McCullough argues that the trial court erred by
denying judicial diversion or, in the alternative, total probation. After review, the judgment of the
trial court is affirmed.
http://www.tba2.org/tba_files/TCCA/2007/mcculloughf_082107.pdf
STATE OF TENNESSEE v. MELINDA JO FISHER SPAKES
Court: TCCA
Attorneys:
Howard L. Upchurch, Pikeville, Tennessee, for the Appellant, Melinda Jo Fisher Spakes.
Robert E. Cooper, Jr., Attorney General & Reporter; Cameron L. Hyder, Assistant Attorney General;
James Michael Taylor, District Attorney General; and William Dunn, Assistant District AttorneyGeneral, for the Appellee, State of Tennessee.
Judge: WITT
The defendant, Melinda Jo Fisher Spakes, appeals the denial of judicial diversion or alternative sentencing following her "best-interests" pleas to two counts of misdemeanor child neglect. See T.C.A. section 39-15-401 (1997). After review, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2007/spakesm_082107.pdf
STATE OF TENNESSEE v. JERRY W. TULLOS
Court: TCCA
Attorneys:
Philip A. Condra, District Public Defender, Jasper, Tennessee, for the appellant, Jerry W. Tullos.
Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney
General; J. Michael Taylor, District Attorney General; and James Pope, III, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: MCLIN
The defendant, Jerry W. Tullos, was convicted by a Bledsoe County jury of aggravated assault, a Class C felony, and was sentenced to four years imprisonment as a Range I offender. On appeal, he argues that: the prosecutor's closing argument was improper, the trial court erred in not giving
the jury a charge on intoxication, the evidence was insufficient to support his conviction, and the trial court erred in sentencing him to four years in confinement. Upon our review of the record and the parties' briefs, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2007/tullosj_082107.pdf
STATE OF TENNESSEE v. MICHAEL VAUGHN
Court: TCCA
Attorneys:
Michael E. Patrick, Waverly, Tennessee, for the appellant, Michael Vaughn.
Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney
General; Dan Alsobrooks, District Attorney General and Lisa C. Donegan, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: SMITH
Appellant, Michael Vaughn, was convicted of attempt to commit manufacture of
methamphetamine, one count of possession of unlawful drug paraphernalia for delivery, one
count of reckless endangerment with a deadly weapon, one count of evading arrest, one count of
possession of a weapon by a convicted felon, one count of possession of marijuana, and one
count of possession of drug paraphernalia. As a result, Appellant was sentenced to a total
effective sentence of twenty-four years. After the denial of a motion for new trial, Appellant
filed a timely notice of appeal. On appeal, Appellant argues that there was no probable cause for
the stop, search and seizure that led to Appellant's arrest and that the trial court erred in
sentencing Appellant. Because Appellant did not file a motion to suppress prior to trial and
failed to raise the suppression issue in a motion for new trial, this issue is waived. Furthermore,
we determine that the trial court properly sentenced appellant. Accordingly, we affirm the
judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2007/vaughnm_082107.pdf
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| TODAY'S NEWS |
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Legal News
Politics
BPR Actions
Your Practice
TBA Member Services
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| Legal News |
| Showdown over domestic spying looms |
| Vermont Senator Patrick Leahy today threatened to pursue contempt charges against the White House after it failed to meet Monday's deadline for turning over documents about a secret surveillance program. |
Read more in the New York Times
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| Carjacking definition broadened |
The Tennessee Supreme Court ruled yesterday that carjacking can occur even if a victim is not in the vehicle at the time of the offense. The case at issue involved a defendant who accosted a woman soon after she got out of her car, took her keys and drove off. Writing for the unanimous court, Justice Connie Clark stated, "The risks inherent in carjacking are the same whether the offense is committed when the victim is leaving or returning to her vehicle or when she is driving it."
Download the opinion |
Read more in the News Sentinel
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| State rejects effort to strip sheriff's certification |
| The state's Peace Officer Standards and Training Commission voted Friday to dismiss a complaint against former Knox County Sheriff Tim Hutchison and rescind a decertification order imposed temporarily by Davidson County Chancellor Ellen Hobbs Lyle. Knoxville attorney Herbert S. Moncier, who filed the suit, was surprised by the decision and said he would challenge it in court. Moncier is seeking to deny Hutchison an increase in pension benefits based on a criminal contempt conviction from 2003.
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The News Sentinel has more
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| Bradley wants cost estimate for Polk inmates |
| Bradley County commissioners on Monday asked county Mayor D. Gary Davis to negotiate with Polk County's district attorney and mayor on costs for housing, providing medical care and covering officer overtime for Polk inmates being housed in Bradley County, and to get the agreement in writing. More than two dozen inmates were moved to the Bradley County jail last week when the state fire marshal ordered Polk County to shut its jail.
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The Chattanooga Times Free Press reported
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| Immigration raids make bad situation worse, says paper |
| A series of raids targeting suspected illegal immigrants in Maury County has led to increased fears and lawsuits against the sheriff and federal agents, writes the Tennessean in its "Our View" column today. A number of those arrested during the raids are alleging that the officers did not have warrants and that they were singled out based on their ethnicity. The paper suggests that the raids have created a "volatile atmosphere" and should be halted. |
Read the opinion piece
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| Grand jury ruling worries prosecutors |
| The U.S. Court of Appeals for the D.C. Circuit recently ruled that grand jury witnesses have a right to review their testimony and clear up misstatements. Defense lawyers applauded the move saying it will help witnesses avoid perjury charges, but prosecutors are concerned that co-defendants will share their testimony with attorneys and each other, making it easier to coordinate stories and obstruct criminal investigations. |
The Legal Times looks at the ruling and its implications
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| Wharton's son pleads out sex case |
| A C Wharton III, the son of Shelby County Mayor A C Wharton, has been sentenced to two years probation under a plea agreement in a statutory rape case. In March of this year, Wharton was accused of raping a 13-year-old Knox County girl he met on the Internet. In announcing the deal, the special prosecutor stated that Wharton experienced mental issues related to prescription drugs that likely contributed to his behavior.
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For more on the case see today's News Sentinel
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| Politics |
| Nashville attorney tests Senate waters |
| Nashville insurance lawyer Mike Doherty has become the third Democrat to express interest in challenging U.S. Sen. Lamar Alexander when his current term expires in 2008. The other Democrats talking about a run are Mike McWherter, Dresden businessman and son of former Gov. Ned McWherter, and Nashville attorney Bob Tuke. Both Tuke and Doherty say they probably would not run if McWherter decided to do so. WATE Newschannel 6 reported the news today.
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| BPR Actions |
| New York lawyer reinstated |
| Jamal Johnson, formerly of Florida and now of Brooklyn, N.Y., has been reinstated to the practice of law in Tennessee after paying the annual BPR fee. |
View all attorneys suspended and reinstated for 2006 fee violations
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| Your Practice |
| Tech must-haves for lawyers |
| Law practice management consultant Steven Best and Atlanta lawyer Randy Kessler team up in this Daily Report article to offer suggestions for equipment and software especially useful to lawyers. Their recommendations are designed to declutter offices and desks, while helping attorneys keep needed documents at hand. |
Read their tips
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| TBA Member Services |
| Student loans at low rates through SunTrust |
| The TBA and SunTrust Bank now have a Partnership Program to help alleviate the burden of student loans. Members and their families can consolidate their federal student loans at a special low fixed rate - right now as low as 5.375 percent. In addition, those with consolidation loans greater than $10,000 are eligible to reduce their interest rate by another 1.5 percent for on-time payments and automatic debit payments. |
Learn more
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