New TennBarU online course focuses on ethics, technology

If you're looking for guidance in applying Tennessee's Rules of Professional Conduct to the technology you use in your daily practice, this course is for you. The interactive text format offers a lively learning experience, with scenarios that relate to the challenges you face.

https://www.tnbaru.com/CLE/catalog_course_details.php?course=50

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
01 - TN Court of Appeals
04 - TN Court of Criminal Appeals
01 - 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.

CHRISTINE DALL ANZALONE v. JOSEPH JOHN ANZALONE
CORRECTION on first page only


Court: TCA

Attorneys:

Robin Ruben Flores, Chattanooga, Tennessee, for the Appellant, Joseph John Anzalone.

Bruce C. Bailey and Heather H. Sveadas, Chattanooga, Tennessee, for the Appellee, Christine Dall Anzalone.

Judge: SWINEY

Husband and Wife stipulated to grounds for divorce pursuant to Tenn. Code Ann. section 36-4-129, as well as to the amount of child support and the division of marital property. Wife received the marital residence, valued at $236,000, and additional items for a total of $267,580 worth of marital assets. Husband received $259,544 in marital assets, resulting in a nearly equal division of the marital property. These stipulations were announced to the Trial Court, and both parties stated to the Trial Court their acceptance of the terms. A trial was conducted on the remaining issues -- Wife's request for alimony; both parties' requests for attorney fees; and Wife's request that Husband pay the cost of medical insurance for the parties' three children, who were insured by TennCare at the time of trial. The Trial Court awarded Wife rehabilitative alimony of $400 per month for three years, $5,000 in attorney fees, and ordered Husband to provide health and dental insurance for the children through his employer. On appeal, Husband contests the Trial Court's award of the marital home to Wife, the grant of alimony and partial attorney fees to Wife, and the requirement that Husband provide medical insurance for the parties' children. Husband also asserts that the Trial Court violated his equal protection rights. We hold that Husband waived his equal protection claim by not raising it at the Trial Court level. Furthermore, we hold that the Trial Court did not err in its overall division of the marital property, the award of attorney fees to Wife, or by requiring Husband to provide the children's health insurance. However, we conclude that Wife's alimony is more appropriately characterized as transitional instead of rehabilitative because of the lack of evidence regarding Wife's ability or intent to rehabilitate herself, and we modify the Trial Court's judgment accordingly. We affirm as modified.

http://www.tba2.org/tba_files/TCA/2007/anzalonec_CORR_110207.pdf


STATE OF TENNESSEE v. TERREL EUGENE HARRIS

Court: TCCA

Attorneys:

Mark Lane, Franklin, Tennessee, for the appellant, Terrel Eugene Harris.

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

Judge: OGLE

The appellant, Terrel Eugene Harris, was convicted by a jury in the Davidson County Criminal Court of aggravated assault, reckless endangerment, and vandalism in an amount greater than $500. He received a total effective sentence of ten years in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court's decision to admit evidence regarding the appellant's prior abuse of the victim and its refusal to admit evidence regarding the victim's prior abuse of a witness. The appellant also argues that he "was denied his constitutional right to a fair trial since this case was improperly labeled as a domestic violence case which benefited the State on crucial evidentiary issues." Upon our review of the record and the parties' briefs, we conclude that the appellant did not timely file his motion for new trial and as such waived his issues. Therefore, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/harrist_110207.pdf


JOHNNY L. McGOWAN, JR. v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Johnny L. McGowan, Jr., Mountain City, Tennessee, pro se.

Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth Bingham Marney, Assistant Attorney General; and William C. Whitesell, Jr., District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Along with convictions for other offenses not pertinent in this appeal, Petitioner, Johnny L. McGowan, Jr., pled guilty to aggravated arson on January 24, 1994. He filed a "Petition for Writ of Error Coram Nobis" on June 7, 2007, alleging the discovery of new evidence, that being aggravated perjury committed by a deputy sheriff who testified to the grand jury. The trial court summarily dismissed the petition. Petitioner has appealed, and the State has filed a motion for this Court to affirm pursuant to Rule 20 of the Rules of the Court of Criminal Appeals of Tennessee. Having reviewed the motion and the record and Petitioner's response in opposition to the motion, we conclude the motion is well taken and should be granted. Accordingly, the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2007/mcgowanj_110207.pdf


STATE OF TENNESSEE v. STACY N. MOONEYHAN

Court: TCCA

Attorneys:

Walter H. Stubbs, Gallatin, Tennessee, for the appellant, Stacy N. Mooneyhan.

Robert E. Cooper, Jr., Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; Lawrence Ray Whitley, District Attorney General; and C. Ronald Blanton, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The defendant, Stacy N. Mooneyhan, appeals from his convictions of rape of a child, a Class A felony; incest, a Class C felony; aggravated sexual battery, a Class B felony; and two counts of especially aggravated sexual exploitation of a minor, Class B felonies. The defendant, a Range I offender, was sentenced to twenty-three years for rape of a child, four years for incest, ten years for aggravated sexual battery, and twelve years for each of the especially aggravated sexual exploitation of a minor convictions. Some of the sentences were imposed consecutively, for an effective sentence of thirty-five years in the Department of Correction. In this appeal, the defendant claims (1) that the evidence does not support his convictions, (2) that the trial court erred in denying his motion to suppress evidence, (3) that the trial court erred in excluding evidence of a prior false allegation of sexual abuse the victim made against her mother's boyfriend, (4) that the trial court erred in excluding evidence of the victim's mental health issues, treatment, and medication, (5) that the trial court erred in admitting rebuttal evidence consisting of graphic photographs of male genitalia and in allowing a state's witness to connect the defendant to the photographs, and (6) that he received excessive sentences. We affirm the defendant's convictions but remand for resentencing because of irregularities in the sentencing process.

http://www.tba2.org/tba_files/TCCA/2007/mooneyhans_110207.pdf


RICHARD MICHAEL STEPHENS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Richard Michael Stephens, Pro Se, Nashville,Tennessee.

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; Tom P. Thompson, Jr., District Attorney General; and Robert H. Hibbett, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

In 2005, Petitioner, Richard M. Stephens, was indicted on ten counts of rape, ten counts of incest and seven counts of sexual battery by an authority figure. Petitioner pled guilty to two counts of rape, one count of incest and one count of sexual battery by an authority figure. As a result, Petitioner was sentenced to an effective sentence of twenty-two years. Petitioner subsequently filed a pro se petition for post-conviction relief, alleging, among other things, that he received ineffective assistance of counsel. The post-conviction court summarily dismissed the petition without a hearing. On appeal, Petitioner alleges that the trial court improperly dismissed the petition for post-conviction relief. We reverse and remand the dismissal of the post-conviction petition.

http://www.tba2.org/tba_files/TCCA/2007/stephensr_110207.pdf


Relationship between Child Support Enforcement Attorneys and Applicants for Child Support

TN Attorney General Opinions

Date: 2007-11-02

Opinion Number: 07-149

http://www.tba2.org/tba_files/AG/2007/ag_07-149.pdf

TODAY'S NEWS

Legal News
Legislative News
Upcoming
TBA Member Services

Legal News
Med mal judgments down in Tennessee, report says
Overall dollar amounts in Tennessee medical malpractice judgments and settlements were down in 2006 from 2005, according to a state Department of Commerce and Insurance report released Thursday.
The Kingsport Times News has more
Vanderbilt part of project to improve legal education
Vanderbilt Law School is among 10 law schools throughout the country participating in a project aimed at improving legal education spearheaded by the Carnegie Foundation for the Advancement of Teaching.
The New York Times reports on changes at Vanderbilt and other law schools
Battle speaks out about prosecutor firings
"I can't say that it was anything other than just distasteful," former Justice Department official Michael Battle says of his role in the dismissal of seven federal prosecutors. For the first time, Battle publicly describes the events that lead up to his part in the firings.
Get the full story from National Public Radio
Bush defends Mukasey amid eroding support
Michael Mukasey's troubled nomination for attorney general got a boost from President Bush yesterday, as support continued to erode. "If the Senate Judiciary Committee were to block Judge Mukasey on these grounds, they would set a new standard for confirmation that could not be met by any responsible nominee for attorney general," Bush said. "That would guarantee that America would have no attorney general during this time of war."
The News Sentinel carried this AP story
Scheider honored for drug court work
The Tennessee Association of Drug Court Processionals named Mary Schneider the first-ever recipient of the Christy Vernon Spirit Award at its annual conference in Chattanooga recently. Schneider is drug court director in Rutherford County.
The Daily News has more
Judicial commissioner will make 'house calls' to shorten wait for bonds
On Yolanda Mitchell's first day on the job as Hamilton County's chief judicial commissioner she said there would be broadened coverage for setting bonds. The judicial commissioners set bonds and sign warrants at the county jail on nights and weekends, but Mitchell told the county commission she will begin going to the county jail during the day to help cut down on arrestees having to wait for hours to get a bond set.
Read more at Chattanoogan.com
Florida says lethal injection OK
The Associated Press reports that Florida's Supreme Court has upheld the state's lethal injection procedures as constitutional, possibly clearing the way for an execution scheduled for this month. Ruling in separate appeals filed by two death-row inmates, the justices said Florida's execution methods did not amount to cruel and unusual punishment.

Verdict in funeral protest case sparks 1st amendment debate
Rodney Smolla of the Washington and Lee University School of Law talks with NPR's Steve Inskeep about the free speech implications in the wake of the $10.9 million verdict against a Kansas church for protesting last year at the funeral of an American Marine killed in Iraq. Church members waved signs saying, "Thank God for Dead Soldiers." On Wednesday, it was found liable for invasion of privacy and intent to inflict emotional distress. Ronald Collins, a scholar at the First Amendment Center, said that while he finds the church's message reprehensible, it is protected by the Constitution. He expects the judgment to be thrown out on appeal.
Hear the analysis on NPR
Legislative News
Alexander files bill to end 'democracy by court decree'
Sen. Lamar Alexander and eight of the nine House members from Tennessee on Thursday said they support efforts to permit governors and city mayors to modify or end federal court consent decrees entered into by their predecessors, the Associated Press reports. Alexander and Sen. Mark Pryor, D-Ark., filed a bill in the Senate on Thursday that they say would untie the hands of newly elected government officials subject to the terms of consent decrees and end "democracy by court decree."
The Commercial Appeal carried this AP story
Upcoming
Films on social justice showing this week
The Social Justice Film Festival will present three documentary films this coming week at Vanderbilt Law School. "Of Civil Wrongs and Rights," the winner of two Emmy Awards in 2000, will be shown on Nov. 7, while two films directed by Abby Ginzberg will be shown Nov. 6 and Nov. 8. "Doing Justice: The Life and Trials of Arthur Kinoy," is scheduled for Nov. 6, and "Soul of Justice: Thelton Henderson's American Journey," is scheduled for Nov. 8. They will be shown at 5:30 p.m. in the Moore Room.

TBA Member Services
Discounts from Office Depot
Are you saving yet? Sign up for the TBA-Office Depot Program and begin saving. TBA Members receive significant discounts on office supplies from Office Depot.
Find out more
November 'Journal' explains new lien laws
Nashville lawyer Eric W. Smith details changes to Tennessee's Mechanic's Lien Laws in the November issue of the Tennessee Bar Journal. President Marcy Eason writes about the importance of jury service, columnist Dan Holbrook outlines the times when you should consider a Tennessee Investment Services Trust (TIST) and Don Paine talks about involuntary dismissals. Biographies on Harper Lee and Aaron Burr are reviewed and Charles H. Anderson writes about a lawyer of a different time. You should have your copy in the mail by now, but you can also
see the Journal online

 
 
UNSUBSCRIBE TO TBAToday? ... SURELY NOT!
But if you must, visit the TBALink web site at: http://www.tba2.org/tbatoday/unsub_tbatoday.php

TBALink HomeContact UsPageFinderWhat's NewHelp
 
 
© Copyright 2007 Tennessee Bar Association