Annual report of Tennessee Judiciary released

The 2006-2007 annual report of the Tennessee Judiciary is now available on the Administrative Office of the Court's web site. A CD version of the report also is available. Contact the AOC at (615) 741-2687 or (800) 448-7970 to request your own copy. The report is divided into two parts, which can be downloaded here: the main section and the statistical section.
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
01 - 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.

PATTI T. HEATON v. SENTRY INSURANCE CO., ET AL.

Court: TCA

Attorneys:

William Kennerly Burger, Murfreesboro, Tennessee, for the appellant, Patti T. Heaton.

Dinah G. Michael, W. Stan Bennett, Murfreesboro, Tennessee, for the appellee, Tracy L. Tyler.

Allan Mark Sowell, Nashville, Tennessee, for the appellee, Sentry Insurance Company.

Judge: ANDERSON

In this personal injury action, the sole issue raised on appeal is whether the trial court abused its discretion when it refused to exclude the testimony of a medical expert as untrustworthy under Tenn. R. Evid. 703. We conclude that the trial court did not abuse its discretion and that the expert's opinion was based on sufficient credible facts and data to satisfy the trustworthy requirement of Tenn. R. Evid. 703. We therefore affirm the trial court judgment.

http://www.tba2.org/tba_files/TCA/2008/heatonp_011008.pdf


MARTHA INES HILL v. GARY TODD HILL

Court: TCA

Attorneys:

Connie Reguli, Brentwood, Tennessee, for the appellant, Martha Ines Hill.

Joseph Ward Henry, Jr., Pulaski, Tennessee, for the appellee, Gary Todd Hill.

Judge: CLEMENT

Mother appeals the trial court's modification of the custody of the parties' two minor children. Father filed a petition for modification of custody; however, he admits that he mistakenly titled the pleading "Rule 60 Motion." The trial court conducted a full evidentiary hearing wherein both parties and their counsel participated and introduced evidenced. Two witnesses called by Mother were not permitted to testify. One of the excluded witnesses was the parties' twelve-year-old daughter. After refusing to permit the parties to put their daughter through the ordeal of testifying at trial, the trial court advised Mother that she could make an offer of proof but not by questioning the child. At the conclusion of the trial, the court modified the Parenting Plan by awarding Father additional parenting time, but Mother remained the primary residential parent. We have determined the pleading filed by Father, although incorrectly titled, was in substance a petition to modify the Parenting Plan, and by considering substance over form, we have concluded the erroneous title to his petition is not fatal. We also find no reversible error with the trial court's evidentiary rulings. Accordingly, we affirm.

http://www.tba2.org/tba_files/TCA/2008/hillm_011008.pdf


C. RICK POINTS v. WAYMOND LEE THOMPSON, ET AL.

Court: TCA

Attorneys:

David A. Bates and C. Nicholas Fossett, Columbia, Tennessee, for the Appellant, C. Rick Points.

W. Carl Spining and Julie Bhattacharya Peak, Nashville, Tennessee, for the Appellee, Elbert Thompson d/b/a Thompson Trucking.

Judge: LEE

In this case arising from an automobile accident, the issues presented are whether there is material evidence supporting the jury verdict in favor of the plaintiff and whether the trial court erred in denying the plaintiff's motion in limine to exclude, as inadmissibly speculative, portions of his own medical expert's testimony on cross-examination. Because we find that there is material evidence supporting the jury verdict and that the trial court did not abuse its discretion in denying the plaintiff's motion in limine, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCA/2008/pointsc_011008.pdf


ESTATE OF HENRY ATLAS QUALLS AMOS E. QUALLS v. H. J. Q. KLUTTS, EXECUTRIX

Court: TCA

Attorneys:

Amos E. Qualls, Fayetteville, Tennessee, Pro Se.

Kimberly M. Hinson, Linden, Tennessee, and Larry Joe Hinson, Hohenwald, Tennessee, for the appellee, H. J. Q. Klutts, Executrix.

Judge: CLEMENT

This is the second appeal by the appellant who again has asked this court to review the Probate Court of Perry County's denial of his petition. In that petition, the appellant contested the manner in which the Executrix of his late father's estate administered the estate. We have determined the issue is res judicata and thereby affirm the trial court. We have also determined the appeal is devoid of merit and, therefore, the Executrix is entitled to recover her reasonable expenses incurred on appeal.

http://www.tba2.org/tba_files/TCA/2008/quallsh_011008.pdf


TERRANCE LOWDERMILK v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Terrance Lowdermilk, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter and Elizabeth B. Marney, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Petitioner, Terrance Lowdermilk, appeals the Hamilton County Criminal Court's summary dismissal of his petition for habeas corpus relief attacking his three convictions for selling more than .5 grams of cocaine. The Petitioner contends, among other things, that his 2002 judgments of conviction are void because ineffective assistance of trial counsel led him to enter a guilty plea which was not voluntary, knowing, and intelligent. The Petitioner also argues that his sentence is illegal based upon a violation of the Interstate Agreement on Dentainers Act and because the sentence was imposed in conjunction with the revocation of his illegally imposed probation in an unrelated case. The habeas corpus court dismissed the petition, finding that the Petitioner had failed to state a cognizable claim for habeas corpus relief and, insofar as the pleading was to be considered as a petition for post-conviction relief, it was time-barred. We agree and affirm the order summarily dismissing the petition.

http://www.tba2.org/tba_files/TCCA/2008/lowdermilkt_011008.pdf


TODAY'S NEWS

Legal News
Legislative News
Your Practice
Passages
TBA Member Services

Legal News
Judge denies investigation of CIA tapes
A U.S. district judge yesterday denied a request by a group of Guantanamo inmates to investigate the CIA's destruction of interrogation videotapes, saying a Justice Department probe of the issue would be sufficient. He also noted that the two suspects were interrogated before arriving at Guantanamo, meaning they were not covered by his order to preserve evidence.
Reuters has the story
Final Waltz defendant pleads guilty
The last defendant in the Tennessee Waltz scandal, Michael Hooks Jr., pleaded guilty today to one count of embezzlement, becoming the 12th -- and final -- defendant to plead guilty or be convicted. The charges against Hooks stemmed from a scheme to defraud the Shelby County Juvenile Court clerk's office in 2001. He will be sentenced on April 9.
The Commercial Appeal has more
Titans off the hook in suit
A Nevada judge dropped the Tennessee Titans from a lawsuit brought by a strip club employee who was paralyzed in a shooting that followed an incident involving Titans player Adam "Pacman" Jones. The judge agreed with team lawyers that the Titans don't do business in Nevada and could not be held responsible for Jones' behavior.
The Tennessean reports
Adams and Reese re-elects leader
Adams and Reese, with offices in Memphis, Nashville and seven other cities, has re-elected Birmingham lawyer M. Ann Huckstep to serve as chair of its executive committee. Nashville attorney Guilford F. Thornton Jr. was also again elected to serve on the firm's executive committee.

Law degree for sale?
A listing on eBay supposedly written by an unhappy law school graduate is hawking a DePaul law degree. The starting bid is $100,000. The posting may not be legitimate though, as the lawyer is not listed among licensed attorneys in Illinois, where he allegedly resides.
Read a portion of the posting from the ABA Journal
Legislative News
Bill allows temporary replacement of members
State Senate Democratic Leader Jim Kyle of Memphis filed a bill today to let lawmakers who are unable to perform their duties temporarily vacate their seats and name their own replacement. The bill also empowers the House and Senate to temporarily remove a member who is unwilling or unable to do so, and allows the governor to name the replacement. Kyle said he intends to fast track the bill so it can be debated in committee next week. Learn more in the Commercial Appeal

Republicans reacted with skepticism to the proposal, calling it a "dangerous precedent."
The News Sentinel has details
Fowler first to file as lobbyist under new rules
Former state Senator David Fowler was the first former lawmaker to register as a lobbyist under the state's new law that requires a one-year cooling-off period after leaving office. He resigned from the Senate in 2006.
The Memphis Daily News reports
Your Practice
Leaner pay may be new reality
As law firms wrapped up operations for 2007, the associate compensation picture looked eerily similar to the boom before the bust seven years ago, according to Law.com.
Read its outlook for salaries
Passages
Former judge, lawmaker dies
Ira H. Murphy, a former state lawmaker and judge who was convicted of trying to help a lodge obtain a bingo parlor permit, died Jan. 6 at the age of 79. Murphy served in the state House from 1969 to 1983 as a Democrat from Memphis. He was a general sessions judge in Shelby County when he was convicted of 11 federal counts of mail fraud and perjury in 1986. An appeals court overturned the fraud convictions but upheld the perjury and obstruction of justice charges. The Memphis Daily News reported the news.

TBA Member Services
Let JobLink help you with your next career move
A career service for Tennessee attorneys and law students, TBA JobLink is a job seeking and recruitment tool available at no charge. Whether you have a position to fill or are seeking employment, this site will guide you through a simple process to post your information.
Visit the site

 
 
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 2008 Tennessee Bar Association