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| Monday, April 07, 2008 |
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Sweeney withdraws from chancellor race
Nashville attorney Matt Sweeney announced this morning he is withdrawing from the race for the Davidson County Chancery Court, NashvillePost.com reports. Sweeney had filed all the paperwork and qualified to run against Chancellor Russell T. Perkins, who was recently appointed to the seat by Gov. Phil Bredesen. Last week the Davidson County Democratic Executive Committee endorsed Perkins over Sweeney in an internal party race. Had he continued the race it would have been as an independent. In a letter to supporters, Sweeney said he was putting his support behind Perkins. Read the account, including his letter here [subscription to NashvillePost.com required].
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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
01 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
03 - TN Court of Appeals
01 - TN Court of Criminal Appeals
01 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List
Court: TSC
http://www.tba2.org/tba_files/TSC/2008/certlist_040708.pdf
LEE NORA HUNTER v. WILLIAMS-SONOMA DIRECT, INC. ET AL.
Court: TWCA
Attorneys:
Nora Lee Hunter, Memphis, Tennessee, pro se.
William B. Walk, Jr., Memphis, Tennessee for the appellees, Williams-Sonoma Direct, Inc. and
Specialty Risk Services.
Judge: HARRIS
This workers' compensation appeal has been referred to the Special Workers' Compensation
Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated Section 50-6-225(e)(3)
for a hearing and a report of findings of fact and conclusions of law. The employee, Lee Nora
Hunter, alleged that she sustained a compensable neck injury resulting in permanent disability. The
employer, Williams-Sonoma Direct, Inc., admitted that an injury occurred, but denied that it caused
permanent disability. Ms. Hunter represented herself at trial. She introduced no medical evidence.
The trial court granted Williams-Sonoma's motion for involuntary dismissal. Ms. Hunter has
appealed. We affirm the judgment.
http://www.tba2.org/tba_files/TSC_WCP/2008/hunterl_040708.pdf
BLAKE L. KELLEY v. STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES, CHILD PROTECTIVE SERVICES
Court: TCA
Attorneys:
Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth C. Driver, Assistant Attorney
General, for the appellant, State of Tennessee, Department of Children’s Services, Child Protective
Services.
Blake L. Kelley, Hendersonville, Tennessee, Pro Se.
Judge: WEDEMEYER
This appeal involves allegations of sexual abuse brought against Blake L. Kelly ("Respondent") by
one of his former students, M.W. After the allegations were investigated, the Department of
Children's Services concluded that there was substantial and material evidence to support the
allegations, and the report of abuse would be "validated." The Respondent appealed that decision
to an administrative law judge, who reviewed the decision, determined by a preponderance of the
evidence that the Respondent had committed the acts alleged, and denied the appeal. The
Respondent appealed to the Chancery Court for Davidson County, which concluded that the
procedures afforded the Respondent under the Department of Children’s Services' regulations failed
to satisfy the Procedural Due Process Clause of the United States Constitution. The State appealed,
and, after a thorough review of the facts and applicable law, we reverse the judgment of the chancery
court.
http://www.tba2.org/tba_files/TCA/2008/kelleyb_040708.pdf
TENNESSEE FARMERS MUTUAL INS. CO. v. KENT CHERRY, ET AL.
Court: TCA
Attorneys:
Andrew H. Owens, Memphis, TN, for Appellant
William Dan Douglas, Jr., Ripley, TN, for Appellees, Kent Cherry and Cathy Cherry
Charles M. Agee, Jr., Dyersburg, TN, for Appellees, Gerald Cherry and Shirley Cherry
Judge: HIGHERS
In this appeal we must determine whether an injured party was a "farm employee" within the meaning of a farm owner's liability insurance policy. The alleged employee is the farm owner's father. He was grinding corn to feed the farm owner’s cattle when he was injured. The father and
his wife filed suit against the son and his wife seeking to recover damages as a result of the accident.
The son's farm owner's liability policy provided coverage for occurrences to "farm employees" in
certain instances. The insurer filed this declaratory judgment action seeking a declaration that it had
no duty to defend or indemnify the insureds because the father was not a farm employee. The trial
court held that the father was a farm employee and ordered the insurer to defend and indemnify the
insureds in the underlying lawsuit. We affirm.
http://www.tba2.org/tba_files/TCA/2008/tennesseefarmers_040708.pdf
IN RE: T.M.D.Y.
Court: TCA
Attorneys:
Gerald T. Eidson, Rogersville, Tennessee, for the Appellant, K.V.
Robert E. Cooper, Attorney General and Reporter, and Douglas Earl Dimond, Senior Counsel, Nashville, Tennessee, for the Appellee, State of Tennessee, Department of Children's Services.
Judge: SWINEY
The Juvenile Court terminated the parental rights of K.V. ("Mother") to her daughter, T.M.D.Y ("the Child"). The Juvenile Court determined that the Department of Children's Services ("DCS") had proven by clear and convincing evidence that grounds existed to terminate Mother’s parental rights on the grounds of abandonment and persistence of conditions making it unsafe to return the Child to Mother's care. The Juvenile Court also concluded that there was clear and convincing evidence that terminating Mother's parental rights was in the Child's best interest. Mother appeals claiming DCS failed to prove either of the two grounds relied upon by the Juvenile Court to terminate her parental rights. We affirm.
http://www.tba2.org/tba_files/TCA/2008/tmdy_040708.pdf
STATE OF TENNESSEE v. TIMOTHY LYNN DENTON
Court: TCCA
Attorneys:
Stephen M. Wallace, Blountville, Tennessee, for the Appellant, Timothy Lynn Denton.
Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; John
H. Bledsoe, Senior Counsel; H. Greeley Wells, District Attorney General; James F. Goodwin, Jr.,
and William B. Harper, Assistant District Attorneys General, for the Appellee, State of Tennessee.
Judge: WEDEMEYER
A Sullivan County jury found the Defendant, Timothy Lynn Denton, guilty of first degree
premeditated murder, and the trial court sentenced him to life imprisonment. On appeal, he claims:
(1) the jury erred because there was insufficient evidence to support premeditation; and (2) the trial
court erred in its jury instruction on "intentional." After a thorough review of the case and the
applicable law, we affirm the judgment.
http://www.tba2.org/tba_files/TCCA/2008/dentont_040708.pdf
Constitutionality of Bill Regulating Unfair Insurance Practices
TN Attorney General Opinions
Date: 2008-04-07
Opinion Number: 08-84
http://www.tba2.org/tba_files/AG/2008/ag_08-84.pdf
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| TODAY'S NEWS |
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Legal News
Legislative News
Upcoming
Your Practice
TBA Member Services
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| Legal News |
| Fate of death penalty study committee to be decided |
| James "Wally" Kirby, executive director of the Tennessee District Attorney Generals Conference has told legislators
he wants to put an end to a death penalty study committee formed to review how the state carries out the ultimate sentence.
He and other DAs say the committee is stacked with members who oppose the death penalty. Members of the committee contend there is no concerted effort to ban the death penalty, but only to study how it is used. The proposal to extend the panel's life will be taken up this week in the legislature. It would allow the study committee to continue working past the one-year deadline before issuing its findings and recommendations. |
Read more in the Tennessean
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| Editor responds to concerns with judicial coverage |
| Knoxville News Sentinel Editor Jack McElroy has responded to a TBA letter that outlined concerns with the newspaper's reporting of federal court proceedings involving a Knoxville lawyer. The TBA's Executive Committee had examined the paper's coverage under the association's policy on response to unjust criticism of judges. You can read McElroy's letter or Eason's original letter and attachments. |
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| Bredesen appoints Helper District Attorney General |
| Gov. Phil Bredesen today appointed Kim R. Helper of Franklin to fill the district attorney general post in the 21st Judicial District. The vacancy was created by the death of District Attorney General Ron L. Davis last month. Helper will serve until the office is permanently filled at the August 7 election.
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Read more about the appointment
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| If Gibson must leave, who will take his place? |
| If state legislators succeed in removing Cookeville's District Attorney Bill Gibson from that position, what happens then? The Herald-Citizen reports that there is speculation that the governor will appoint someone to replace Gibson and that the decision has already been made. |
Read the Herald-Citizen for comments from potential DAs
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| Drug court graduates 2 |
| The 29th Judicial District's drug court celebrated its first two graduates last week in Dyer County. |
Find out more in the Dyersburg State Gazette
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| Funny? TV show has comics instead of lawyers |
| A new TV show, "Supreme Court of Comedy" features stand-up comedians representing people in court instead of lawyers.
"They are real people with legitimate small claims disputes," says Ronit Larone of DirecTV, adding that the show's producers comb through hundreds of cases to find ones involving things like a a guy who sued a house-sitting friend for allegedly absconding with his sex tape. |
Chattanooga's News Channel 9 carreid the AP story
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| Legislative News |
| PAC money given from both sides of nursing home bill |
| Political action committees on both sides of the nursing home liability bill have donated money to
members of the House Judiciary Committee and its Civil Practices Subcommittee, as well a every member of the Senate Judiciary Committee.
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Read the details in the Tennessean
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| Teens say alcohol came from Columbia lawmaker's home |
| Five teenagers facing alcohol-related charges have told police they were drinking at Columbia Republican lawmaker Rep. Tom DuBois's Columbia home.
Tom DuBois, also Columbia's city judge, says he doesn't think the teens obtained the alcohol at his Mule Day party on Saturday, which he estimated was attended by about 900 people. |
The Tennessean reported this AP story
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| Upcoming |
| Judges to take oath |
| Swearing in ceremonies for recently appointed Circuit Court Judge Joe P. Binkley Jr., and Chancellor Russell Perkins, both of the 20th Judicial District, will begin at 2 p.m. tomorrow (April 8) in the old Supreme Court Chambers on the first floor of the State Capitol. |
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| Your Practice |
| Hold that call: 'devices' banned at law firm meetings |
| A law firm in suburban New York City has banned electronic devices from major meetings to prevent distractions caused by cell phones and BlackBerrys.
The six-month-old "no-device policy" at the Long Island law firm of Meltzer, Lippe, Goldstein & Breitstone is intended to prevent even vibrations from incoming calls and e-mail messages from interrupting the flow of business. "We like everyone to be connected to clients and to be very responsive to their needs," says the co-head of the corporate law group -- but not at the expense of giving full attention to a major issue. |
Newsday reports
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| TBA Member Services |
| Have you activated your FedEx shipping discounts? |
TBA members are entitled to discounts on FedEx shipping. Did you know that TBA members are saving an average of $83 per quarter by utilizing their FedEx Association Advantage program discounts? Here's what some members have to say about their FedEx savings:
"Our firm took advantage of the Tennessee Bar Association FedEx discounts and saved over $200 on FedEx Express shipments last quarter alone. It's the best $200 we've ever saved," says member Bill Cameron of Cameron & Young in Cookeville. Start saving on your shipments today! For more information on how to enroll, call 1-800-923-7089 or |
visit the TBA Web site
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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.
© Copyright 2008 Tennessee Bar Association
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