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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.

00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
01 - TN Court of Criminal Appeals
03 - 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.

INDUCTION TECHNOLOGIES, INC. v. STANLEY E. JUSTUS, ET AL.

Court: TCA

Attorneys:

Robert S. Grot, Chattanooga, Tennessee, for the Appellant, Induction Technologies, Inc.

J. Christopher Clem, Chattanooga, Tennessee, for the Appellees, Stanley E. Justus, Wegner Automotive Research Company, Performance Technologies, Automotive Engine and Machines, Quality Engine Distributors, Roger Davidson and Tri-State Rental Services.

Judge: LEE

The judgment creditor obtained an order of execution on certain items of personal property in the possession of the judgment debtor. After the sheriff's department seized the property, several parties filed a motion to intervene, alleging that some of the assets seized were owned by them and not the judgment debtor. Following a trial, the trial court ruled in the intervenors' favor, finding that they had demonstrated ownership of the property at issue. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCA/2008/inductiontechnologies_031808.pdf


ROBERT T. LOGAN, JR. v. CIVIL SERVICE COMMISSION OF THE CITY OF MEMPHIS , ET AL.

Court: TCA

Attorneys:

Clyde William Keenan, Memphis, Tennessee, for the appellant, Robert T. Logan, Jr.

Elbert Jefferson, Jr., City Attorney and Steven D. Townsdin, Senior Assistant City Attorney, Memphis, Tennessee, for the appellee, Civil Service Commission of the City of Memphis and The City of Memphis.

Judge: FARMER

This appeal arises from the termination of a police officer for violation of the department's deadly force policy. While in the apartment of his girlfriend's mother, the off-duty officer shot the unarmed husband of his girlfriend in the back and paralyzed him from the waist down. The officer was attempting to stop the enraged husband from entering a room where the girlfriend, her mother, and a young child were located. He did not warn the husband that he might use deadly force prior to doing so. The police department and the civil service commission concluded that, for various reasons, the officer's use of deadly force was not authorized. The officer appealed his termination to chancery court, primarily arguing that the department had failed to consider a parallel burglary investigation report in the pre-termination hearing. Although the civil service commission had concluded that consideration of that file would not have altered the outcome, the chancellor remanded the case back to the commission for consideration of the entire report. On remand, the commission reviewed the entire report but declined to hear further testimony. It re-affirmed its original decision. The officer sought review in chancery court and, after an unfavorable result there, appealed the case to this Court. We conclude that, even if the officer's assertions are correct, there still exists substantial and material evidence to support the decisions below. If there was error below, it was harmless. Affirmed.

http://www.tba2.org/tba_files/TCA/2008/loganr_031808.pdf


STATE OF TENNESSEE v. RACHEL MICHELLE LANGLEY

Court: TCCA

Attorneys:

Mack Garner (at hearing), Maryville, Tennessee, and J. Liddell Kirk (on appeal), Knoxville, Tennessee, for the Appellant, Rachel Michelle Langley.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Preston Shipp, Assistant Attorney General; Mike Flynn, District Attorney General; Robert Headrick, Assistant District Attorney General, for the Appellee, the State of Tennessee.

Judge: WEDEMEYER

The Defendant, Rachel Michelle Langley, pled guilty to identity theft and received a two-year sentence to be served on probation. Less than five months after her guilty plea, a probation violation warrant was issued alleging various violations. After a hearing, the trial court revoked the Defendant's probation and ordered that she serve her sentence in jail. The Defendant appeals this judgment. Upon a thorough review of the record and applicable law, we affirm the trial court's judgment.

http://www.tba2.org/tba_files/TCCA/2008/langleyr_031808.pdf


Bail for Illegal Aliens

TN Attorney General Opinions

Date: 2008-03-18

Opinion Number: 08-54

http://www.tba2.org/tba_files/AG/2008/ag_08_54.pdf

Memphis School Funding - Reduction of Local School Funding by County Commission

TN Attorney General Opinions

Date: 2008-03-18

Opinion Number: 08-55

http://www.tba2.org/tba_files/AG/2008/ag_08_55.pdf

Fines Under Tenn. Code Ann. Section 53-11-402

TN Attorney General Opinions

Date: 2008-03-18

Opinion Number: 08-56

http://www.tba2.org/tba_files/AG/2008/ag_08_56.pdf

TODAY'S NEWS

Legislative News
Legal News
Supreme Court Report
Practice Management
Upcoming
TBA Member Services

Legislative News
State open meetings legislation stalls
While the state legislature is poised to approve a measure to improve access to public records, the move will not include stronger open meetings rules, according to the Knoxville News Sentinel. The paper quotes Senate Democratic Leader Jim Kyle as saying a wide range of interests on the issue is slowing the pace of change.
Read more
Law may hinder access to e-mail records
Should electronic communication be treated like any other public record in Tennessee? State law doesn't draw a distinction, but the state's ombudsman for open records says current law does not account for the realities of dealing with email. The Memphis Daily News looks at the issue and how advocates for open government believe the law is vague and allows officials to delay or deny release of information.
Learn more in the Memphis Daily News
Track legislation of interest to Tennessee attorneys
The TBA Action List tracks bills in the General Assembly that the TBA has a direct interest in. This means it has either initiated the legislation, taken a postiion on the bill or has a policy on the issue. The TBA Watch List is a broader list of bills of interest to the Tennessee legal community.
TBA Bill Tracking Service
Legal News
Hamilton County judges receive high ratings
The Chattanooga Bar Association gave the majority of its area judges satisfactory marks in a poll rating the judiciary's abilities. In fact, 11 of the 15 received a "superior" rating by the majority of the lawyers responding. Among those at the top of the poll was General Sessions Court Judge Clarence Shattuck, who received "superior" ratings from more than 83 percent of respondents.
Read more poll results at Chattanooga Times Free Press
Paper: desegregation agreement may break law
A Jackson Sun editorial raises questions about the Jackson-Madison County Board of Education's decision to move beyond a court order that has governed the school district for decades by promising to use race to determine student assignments. He asks whether the move is advisable in light of a U.S. Supreme Court ruling last June that said race can no longer be used that way.
Read the opinion piece
Supreme Court Report
Court hears 2nd amendment arguments today
The Supreme Court took up a dispute over Washington, D.C.'s handgun ban today, hearing arguments about whether the "right to keep and bear arms" protects an individual's right to own guns or is limited to service in a state militia.
Read about the session at Law.com
Court grants cert in new cases
The Supreme Court recently agreed to hear new cases involving profanity on the airwaves, voting rights and crime lab reports. In what will be the first major broadcast indecency case in 30 years, the court will hear a case involving a government ban on "fleeting expletives" -- one-time uses of familiar but banned words that can bring big fines -- reports the Tennessean. It also agreed to decide whether the Voting Rights Act protects state legislative districts in which black voters make up less than half of the population, but have enough clout to elect black candidates, according to the Associated Press. Finally, the court agreed to decide whether prosecutors can use crime lab reports as evidence without making the forensic analysts who prepare them available as witnesses. WMCT-TV has more on that case.

Practice Management
Firms seek competitive maternity leave policies
Several of the nation's largest law firms recently increased their paid maternity leave from 12 to 18 weeks. Many also are allowing fathers time off to be primary caregivers and increasing time off for adoptive parents.
Law.com has this story from the National Law Journal
Upcoming
Bradley Democrats to nominate judicial candidate
The Bradley County Democratic Party will hold a county convention at 11 a.m. on March 22 in the Bradley County Courthouse to select delegates to the Democratic Party Multi-County Convention. The delegates then will elect the Democratic Party nominee for judge of the 10th Judicial District, according to the Cleveland Daily Banner.

CASA training offered in Nashville
Court Appointed Special Advocates (CASA) of Nashville and Davidson County is recruiting volunteers to help child victims of abuse and neglect. The spring training session takes place March 24 through May 1. Volunteers should be at least 21 years of age, have no criminal history and have a strong interest in protecting the rights and needs of children. For more information call (615) 425-2383.

TBA Member Services
Program offers savings on auto insurance
See how being a member of the TBA could help you save 8 percent on car insurance. GEICO offers 24-hour sales, service and claims. Call GEICO at (800) 368-2734
or get an online rate quote

 
 
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About this publication: Today's News is a compilation of digests of news reports of interest to Tennessee lawyers compiled by TBA staff, links to digested press releases, and occasional stories about the TBA and other activities written by the TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.

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