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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
03 - TN Court of Appeals
02 - TN Court of Criminal Appeals
02 - 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.

BARSHA BATES LAND ET AL. v. LARRY W. BARNES ET AL.

Court: TCA

Attorneys:

Hugh Pierce Garner, Chattanooga, Tennessee, for the appellants, Barsha Bates Land, Monica Bates, and Samantha Talley.

William C. Rieder, Tullahoma, Tennessee, for the appellee, Larry W. Barnes; Robert M. Burns and Timothy P. Harlan, Nashville, Tennessee, and G. Michael Luhowiak, Chattanooga, Tennessee, for the appellee, Gail Shutt.

Judge: BENNETT

The trial court dismissed this medical malpractice case after granting motions to exclude the testimony of both of the plaintiffs' expert witnesses. Based upon our conclusion that the trial court did not abuse its discretion in excluding the testimony of either expert witness, we affirm the decision of the trial court.

http://www.tba2.org/tba_files/TCA/2008/barshab_091108.pdf


JOSEPH AND KIMBERLI DAVIS v. PATRICK J. MCGUIGAN, ET AL.

Court: TCA

Attorneys:

C. Bennett Harrison, Jr., Nashville, TN, for Appellants Brian W. Holmes, Nashville, TN, for Appellants

Christopher J. Oliver, Nashville, TN, for Appellee Michael G. Hoskins, Nashville, TN, for AppelleeS

Judge: STAFFORD

Homeowners filed suit against Appraiser for intentional and negligent misrepresentation and violation of the Tennessee Consumer Protection Act. Appraiser moved for summary judgment on all claims. The trial court denied Appraiser's motion on the negligent misrepresentation claim, but dismissed the intentional misrepresentation claim and the Tennessee Consumer Act claim. During the course of the proceedings, the trial court also excluded certain witnesses who were tendered as experts. Both parties appeal. We affirm the trial court's grant of summary judgment on both claims, and decline to address the remaining issues for lack of justiciability.

http://www.tba2.org/tba_files/TCA/2008/davisj_091108.pdf


WS INVESTMENT HOLDINGS, LP ET AL. v. DAVID E. DANNER, P.C.

Court: TCA

Attorneys:

David E. Danner, Antioch, Tennessee, Pro Se.

Claire Marie Goodman and Robert A. Guy, Jr., Nashville, Tennessee, for the appellee, WS Investments.

Judge: BENNETT

Tenant appeals the judgment of the Circuit Court for Davidson County in an unlawful detainer action on appeal from General Sessions Court awarding Landlord back rent, possession of the premises, and attorney's fees. Tenant challenges the denial of its motion to amend the pleadings and subsequent motion for new trial, the finding that the lease agreement was unambiguous, and the denial of its motion to strike allegedly defamatory parts of the record. Finding the lease unambiguous and no abuse of discretion by the trial court in denying Tenant's motions, we affirm the judgment of the trial court in all respects.

http://www.tba2.org/tba_files/TCA/2008/wsinvestments_091108.pdf


STATE OF TENNESSEE v. BRIAN DAVIDSON

Court: TCCA

Attorneys:

Ryan B. Feeney, Selmer, Tennessee, for the appellant, Brian Davidson.

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; William L. Gibbons, District Attorney General; and Alanda H. Dwyer and Chris West, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Brian Davidson, was convicted by a Shelby County Criminal Court jury of one count of manufacturing methamphetamine, two counts of possession of methamphetamine with the intent to sell and/or deliver, one count of possession of anhydrous ammonia, one count of possession of marijuana, two counts of possession of Hydrocodone, and two counts of possession of Alprazolam. After merging the manufacturing and possession of methamphetamine convictions, the possession of Hydrocodone convictions, and the possession of Alprazolam convictions, the trial court sentenced the defendant to five years for manufacturing methamphetamine, eighteen months for possession of anhydrous ammonia, and eleven months, twenty-nine days for each of the convictions for possession of Hydrocodone, Alprazolam, and marijuana, with the sentences to be served concurrently to each other but consecutively to the defendant's sentences in a federal case. The defendant argues on appeal that the trial court erred in denying his motion to dismiss based upon a violation of the speedy trial provision of the Interstate Compact on Detainers, in denying his motion to suppress a detective's in-court identification of him, in denying his discovery request for the impeaching convictions of his codefendant, and in ordering that he serve his sentences consecutively to his federal sentences. Having reviewed the record and found no error, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/davidsonb_091108.pdf


TRAVIS PLUMMER v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Travis Plummer, pro se.

Robert E. Cooper, Jr., Attorney General & Reporter; Lacy Wilber, Assistant Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

The Appellant appeals the trial court's dismissal of his petition for a writ of error coram nobis and his motion to reopen post-conviction petition. The trial court properly concluded that the Appellant cannot prevail on the claims asserted in the two pleadings. Accordingly, the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2008/plummert_091108.pdf


County Powers to Regulate a Sawmill on Land Zoned for Agriculture

TN Attorney General Opinions

Date: 2008-09-10

Opinion Number: 08-145

http://www.tba2.org/tba_files/AG/2008/ag_08_145.pdf

State Trooper Running For Sheriff

TN Attorney General Opinions

Date: 2008-09-10

Opinion Number: 08-146

http://www.tba2.org/tba_files/AG/2008/ag_08_146.pdf

TODAY'S NEWS

Legal News
Disciplinary Actions
Upcoming
TBA Member Services

Legal News
New bankruptcy law 'too broad' in one area, judge rules
A federal judge has partially blocked one element of the nation's recently overhauled bankruptcy law, saying that a provision concerning the advice lawyers can give is unconstitutional. A law suit filed in 2006 by attorneys objected to the requirement that they give specific advice to bankruptcy clients, including not to go deeper into debt.
The Memphis Daily News carried this AP story
Police chief asks for tougher sentencing laws
Metro Nashville Police Chief Ronal Serpas addressed the state legislature's Fiscal Review Committee Wednesday, asking them to allocate more state resources to law enforcement, especially asking for tougher sentencing laws for violent criminals and repeat offenders.
The Nashville City Paper has the story
Clarksville attorney pleads guilty to theft, fraud
A former Clarksville attorney who was accused of stealing more than $180,000 from clients has been sentenced to 10 years after pleading guilty to theft and fraud charges.
Read more in the Knoxville News Sentinel
Judge's first day on job brings challenges, excitement
The Daily Times features Circuit Court Division II Judge David Duggan on his first day on the bench. He took office in Blount County last week after winning over Judge Michael H. Meares in the Aug. 7 general election.
Read the story
Committee postpones Miers testimony, Mukasey cite for contempt
The House Judiciary Committee postponed the scheduled Thursday appearance of former White House Counsel Harriet Miers regarding the firing of nine U.S. attorneys in 2006. Justice Department lawyers had made clear Miers would not appear while the U.S. Court of Appeals for the D.C. Circuit considers its request to stay a lower court's order to comply with House Judiciary Committee subpoenas. Also, yesterday the committee postponed a vote on citing Attorney General Michael B. Mukasey for contempt for not complying with a months-old subpoena for documents related to several investigations.
Congressional Quarterly reports
Memphis firm changes name, builds on long history
The law firm formerly known as Farris Matthews Branan Bobango Hellen & Dunlap PLC recently shortened its name to Farris Bobango Branan PLC and implemented a new plan of growth.
Read about the firm in the Memphis Daily News
Disciplinary Actions
Two lawyers suspended for not responding to complaints
The Supreme Court of Tennessee on Aug. 29 summarily and temporarily suspended Nashville lawyer Anna Everton Haas and Sullivan County lawyer Suzanne Shackelford Queen after finding that they did not respond to the Board of Professional Conduct when asked about complaints of misconduct filed against them. Download the Haas release
Download the Queen release

Memphis lawyer reinstated
Rebecca Gardner Coffee of Memphis was reinstated to the practice of law on Sept. 10 after complying with requirements for continuing legal education. She was suspended in September 2003.

Maryland lawyer reinstated
Teresa Annette Scott of Bowie, Md. was reinstated to the practice of law in Tennessee on Sept. 8 after paying the 2008 BPR fee and fine.
View all attorneys suspended and reinstated for 2008 fee violations
Upcoming
Celebrate Constitution Day
Middle Tennessee State University will celebrate Constitution Day with a number of events Sept. 17, including a voter registration drive.
Read about the events in the Daily News Journal
TBA Member Services
Avis benefits 'try harder'
TBA members are offered a rental car discount through Avis. Enroll in the Avis Preferred Service at www.avisawards.com to bypass the rental counter and go directly to your car for a faster, easier rental experience. Enter code AWD# A570100.


 
 
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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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