TBA YLD offers CLE program for new lawyers

"The New Lawyer Experience: Bridging the Gap Between Preparation and Practice" gives new lawyers the tools needed to succeed in the practice of law. The day-long course offers an introduction to a range of practice areas and practice tips, features a panel of seasoned associates, and includes a lunch and keynote address by a distinguished local attorney. In the afternoon, participants select a litigation or transactional breakout session to dig deeper on issues in their areas of practice. The CLE concludes with a networking mixer. If you are new to the practice of law in Tennessee, you need to be here! Register for the seminar, which will be offered in Knoxville, Memphis and Nashville
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Corrected Opinion (replaces opinion filed on November 8, 2007)

Court: TSC


Richard E. Circeo, Deborah Truby Riordan, and Carey L. Acerra, Nashville, Tennessee, and Brian G. Brooks, Greenbrier, Arkansas, for the appellant, Dorothy Owens, as Conservator of Mary Francis King.

John B. Curtis, Jr. and Bruce D. Gill, Chattanooga, Tennessee, for the appellees, National Health Corporation d/b/a NHC Healthcare, Murfreesboro; National Healthcorp, L.P.; National Health Realty, Inc.; NHC, Inc. a/k/a NHC, Inc.-Tennessee; and NHC/OP, L.P.

F. Laurens Brock, Jacob C. Parker, and T. Ryan Malone, Chattanooga, Tennessee, and Christopher C. Puri, Nashville, Tennessee, for the amicus curiae, Tennessee Health Care Association.


In this appeal, the primary issue is whether a durable power of attorney for health care authorized the attorney-in-fact to enter into an arbitration agreement as part of a contract admitting the principal to a nursing home and thereby to waive the principal's right to trial by jury. The case also presents secondary issues relating to the arbitration agreement, including whether this case is governed by the Tennessee Uniform Arbitration Act or the Federal Arbitration Act. We hold that the arbitration agreement is to be interpreted pursuant to the Tennessee Uniform Arbitration Act and that the power of attorney authorized the attorney-in-fact to enter into the arbitration agreement on behalf of the principal. In addition, we reject the plaintiff's arguments that: 1) the arbitration agreement is unenforceable because a material term of the agreement is incapable of performance; 2) the arbitration agreement violates federal law; and 3) pre-dispute arbitration agreements in nursing-home contracts violate public policy. However, we remand the case to the trial court for further proceedings on the question of whether the arbitration agreement is an unconscionable, and thus unenforceable, contract of adhesion.


Dissenting opinion only corrected

Court: TSC


HOLDER dissenting and concurring


Court: TCCA


Richard Hughes, District Public Defender; John P. Fortuno, Assistant Public Defender (on appeal); Sean Williams and Wayne Carter, Assistant Public Defenders (at trial), for the appellant, Ayatolah W. Wallace.

Robert E. Cooper, Jr., Attorney General and Reporter; James E. Gaylord, Assistant Attorney General; Robert Steve Bebb, District Attorney General; and Dorothy Atwell and Wylie Richardson, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Ayatolah W. Wallace, was convicted of three counts of aggravated kidnapping and sentenced to sixteen years in the Department of Correction as a Range II, violent offender. He argues that his convictions must be overturned in light of State v. Anthony, 817 S.W.2d 299, 301 (Tenn. 1991), which precludes dual convictions for kidnapping and another accompanying felony when the movement or confinement supporting the kidnapping charge is merely incidental to that required to commit the accompanying felony. Because the defendant was convicted only of aggravated kidnapping, however, Anthony is inapposite. We affirm the judgments of the trial court.



Court: TCCA


Mark E. Stephens, District Public Defender, and Jessica Greene, Assistant Public Defender, Knoxville, Tennessee, for the Appellant, Genenoe Wykle.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Steve Sword, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

The Appellant, Genenoe Wykle, appeals the Knox County Criminal Court's denial of his request for judicial diversion. Wykle pled guilty to two counts of sale of a Schedule II controlled substance, Class C felonies, and one count of evading arrest, a Class A misdemeanor. Under the terms of the plea agreement, Wykle received consecutive three-year sentences for each felony conviction, which were to be served concurrently with the eleven month and twenty-nine day sentence imposed for the misdemeanor, resulting in an effective sentence of six years. The agreement also specified that Wykle be allowed to seek judicial diversion. At a scheduled court appearance, the trial court denied Wykle's request for diversion, instead ordering him to serve his sentence under the supervision of the Community Alternative to Prison Program ("CAPP"). On appeal, Wykle argues that the trial court erred in failing to consider the required factors in determining whether to grant or deny diversion. After review, we agree that the requisite factors were not considered. Indeed, our review of the record reflects that no sentencing hearing was ever conducted by the trial court prior to its summary pronouncement that the Appellant's request for diversion was being denied. As such, we are unable to conduct a de novo review of the trial court's denial of diversion, and, accordingly, we reverse and remand the case to the Knox County Criminal Court for a sentencing hearing and for written findings of fact and imposition of sentences in accordance with statutory law.


The Right to Keep and Bear Arms under Article I, Section 26 of the Tennessee Constitution

TN Attorney General Opinions

Date: 2008-02-07

Opinion Number: 08-19


Distribution of Fees Collected for Victims of Crimes

TN Attorney General Opinions

Date: 2008-02-07

Opinion Number: 08-20



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