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| Friday, May 23, 2008 |
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TennBarU programs can help you avoid CLE late fee
Still need CLE hours to complete your 2007 requirements before the May 31 deadline? TennBarU is ready to help. The TBA's CLE program has a full catalog of online video, online text and teleseminar programs that you can take at your convenience from your home, office or on the road. Under new Tennessee Supreme Court rules, you can now complete eight hours of online or distance learning each year, so don't miss this opportunity to complete your requirements with these convenient, high quality programs. And, if you haven't used the prepaid CLE credits that come with your TBA Complete Membership, you can apply them now to take the courses at no cost.
https://www.tnbaru.com/CLE/index.php
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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
01 - 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.
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AEROSPACE TESTING ALLIANCE v. FARRIS D. ANDERSON
Court: TWCA
Attorneys:
Fredrick R. Baker, Cookeville, Tennessee, for the appellant, Aerospace Testing Alliance.
Robert G. Norred, Jr., Chattanooga, Tennessee, for the appellee, Farris D. Anderson.
Judge: SCOTT
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) (2005) for hearing and reporting to the Supreme Court of findings of facts and conclusions of law. The trial court found that the employee had suffered a 65 percent vocational impairment to the body as a whole resulting from gradual hearing loss and tinnitus and also found that the employee's last day worked was his date of injury. The trial court awarded 260 weeks of
permanent partial disability benefits. The employer has appealed, contending that the employee failed to prove causation of his tinnitus and that he is therefore entitled to
recover only for his hearing loss, an injury to a scheduled member. The employer also asserts that the date of injury should be an earlier date, the last date on which the
employee was exposed to high levels of noise injurious to his hearing. We hold that the trial court was correct in setting the employee's date of injury as the last day on
which the employee worked for the employer. Based on the proof in the record, we hold that the trial court did not err in ruling that the employee suffered a "whole body" impairment. The judgment below is affirmed.
http://www.tba2.org/tba_files/TSC_WCP/2008/anderson_052308.pdf
XEROX CORPORATION v. DIGITAL EXPRESS GRAPHIC, LLC
Court: TCA
Attorneys:
Joseph M. Dalton, Nashville, Tennessee, for the appellant, Digital Express Graphic, LLC.
Christopher W. Conner, Maryville, Tennessee, for the appellee, Xerox Corporation.
Judge: BENNETT
This is an appeal from summary judgment granted in favor of the lessor in an action to collect the accelerated unpaid balance of $191,945.47 allegedly due under a lease agreement for digital printing equipment. After careful review of the record, we find that the lessee failed to meet its burden of proving the existence of a dispute of material fact that would preclude summary judgment. We affirm the judgment of the trial court in all respects.
http://www.tba2.org/tba_files/TCA/2008/xerox_052308.pdf
STATE OF TENNESSEE v. ROBERT LEE ADAMS, JR.
Court: TCCA
Attorneys:
Frank Deslauriers, Covington, Tennessee, for the Appellant, Robert Lee Adams, Jr.
Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; D. Michael Dunavant, District Attorney General; and James Walter Freeland, Jr., Assistant District Attorney General, for the Appellee, State of Tennessee.
Judge: HAYES
The Appellant, Robert Lee Adams, Jr., was convicted by a Tipton County jury of Class B felony possession of a Schedule II controlled substance and misdemeanor possession of a Schedule VI controlled substance. Following a sentencing hearing, the trial court sentenced Adams to fourteen
years, as a Range II multiple offender, for Class B felony possession of cocaine and to eleven months and twenty-nine days for misdemeanor possession of marijuana. On appeal, Adams raises three issues for our review: (1) whether the trial court erred in denying Adams' motion to suppress
evidence upon grounds that the pat-down search was not supported by a reasonable fear for officer safety; (2) whether the evidence was sufficient to support the conviction for felony possession of a Schedule II controlled substance with the intent to deliver; and (3) whether the court erred in allowing the State to question the TBI forensic agent regarding the average weight of cocaine tested in a typical cocaine prosecution case. Following review, the judgments of conviction is affirmed.
http://www.tba2.org/tba_files/TCCA/2008/adamsr_052308.pdf
BYRON ANTHONY LOOPER v. JIM WORTHINGTON, WARDEN
Court: TCCA
Attorneys:
Byron Anthony Looper, Sr., appellant, pro se.
Robert E. Cooper, Attorney General & Reporter; and John H. Bledsoe, Assistant Attorney General, for the appellee, State of Tennessee.
Judge: WITT
The petitioner, Byron Anthony Looper, appeals the Morgan County Criminal Court’s dismissal of his petition for habeas corpus relief from his 2000 Cumberland County conviction of first degree murder. The State has moved to have this court summarily affirm the dismissal pursuant to Rule 20 of the rules of this court. The motion is well taken, and we affirm the order of dismissal pursuant to Rule 20.
http://www.tba2.org/tba_files/TCCA/2008/looperb_052308.pdf
STATE OF TENNESSEE v. JEREMY W. MEEKS
Court: TCCA
Attorneys:
Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; James Michael Taylor, District Attorney General; and Steve Strain, Assistant District Attorney General, for the appellant, State of Tennessee.
Philip A. Condra, District Public Defender; and Robert G. Morgan, Assistant District Public Defender, for the appellee, Jeremy W. Meeks.
Judge: WITT
The State of Tennessee pursues an interlocutory appeal of the Grundy County Circuit Court's suppression of the confession of the defendant, Jeremy W. Meeks, to charges of rape of a child, see T.C.A. section 39-13-522, and aggravated sexual battery, see id. section 39-13-504. We reverse the order of the trial court.
http://www.tba2.org/tba_files/TCCA/2008/meeksj_052308.pdf
STATE OF TENNESSEE v. PAUL SCHLUETER
Court: TCCA
Attorneys:
Bryan H. Hoss, Chattanooga, Tennessee, for the appellant, Paul Schlueter.
Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; William H. Cox, III, District Attorney General; and Jay Woods, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: MCGEE OGLE
The appellant, Paul Schlueter, pled guilty in the Hamilton County Criminal Court to one count of driving under the influence (DUI) and received a sentence of eleven months and twenty-nine days. As a condition of his plea, the appellant reserved a certified question of law: "whether the officer was justified in stopping and seizing this [appellant] pursuant to his community caretaking function
or any other reasonable and articulable suspicion by activating his lights on or about 9-2-05." Upon our review of the record and the parties' briefs, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2008/schleuterp_052308.pdf
Criminal Liability of Mother of Child Born with Drug Addiction
TN Attorney General Opinions
Date: 2008-05-23
Opinion Number: 08-114
http://www.tba2.org/tba_files/AG/2008/ag_08_114.pdf
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| TODAY'S NEWS |
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Legal News
Legislative News
Politics
TBA Member Services
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| Legal News |
| Corporate legal staffs, law firm honored at pro bono event |
| Corporations from Memphis and Nashville were honored for their extraordinary commitment to providing pro bono legal services during the Second Annual TBA Corporate Counsel Pro Bono Initiative gala last night in Nashville. Caterpillar Financial Services Corporation of Nashville and International Paper of Memphis joined the law firm of Baker, Donelson Bearman, Caldwell & Berkowitz in being recognized for their efforts to provide legal services at no cost to those in need. In addition to honoring the firms, the event also raised funds to assist pro bono programs across the state. |
Learn more about the winners and see photos from the event
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| Judge Lee first applicant for Supreme Court opening |
| Court of Appeals Judge Sharon G. Lee of Knoxville is the first candidate to apply for the upcoming vacancy on the Tennessee Supreme Court. The opening is being created by the Sept. 1 retirement of Chief Justice William M. Barker. The deadline to submit applications is June 20. |
Visit the AOC web site for application information
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| Legislative News |
| Legislature gives reprimand to Ethics Commission |
| In the waning hours of this year's legislative session, Tennessee lawmakers took a swipe at the Ethics Commission, successfully attaching to a bill an amendment that would immediately cap the number of audits the TEC could perform on lobbyists, prohibit most TEC staff from making informal advisory opinions, and ensure that legislative intent is examined by the TEC when making advisory opinions. Gov. Phil Bredesen has 10 days to either sign the bill, let it become law without his signature, or veto it. |
Read more in the Nashville Post (subscription required)
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| Politics |
| Trading pantsuits for robes? |
| While most political pundits have focused on whether there would be an Obama-Clinton pairing at the top of the Democratic ticket, a Washington Post column this week offers a different solution to the party's division: an appointment of Hillary Clinton to the Supreme Court if Barack Obama wins the presidency. |
Read the full opinion piece
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| TBA Member Services |
| New benefit provides communications solutions |
| PAETEC personalizes communications solutions for professional practices in Tennessee, offering a comprehensive suite of data, voice and IP services, as well as enterprise communications management software, network security solutions, CPE and managed services. The TBA has teamed up with the company to offer special products and pricing for members and their firms. For more information contact Sharon Joyce in Nashville at (615) 324-1845, Mark Priest in Memphis at (901) 312-1802, or Mark Morrell in Knoxville/Chattanooga at (865) 251-1765. |
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Discontinue your TBA Today subscription? ... Surely not!
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Questions, comments: Email us at TBAToday@tnbar.org
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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