Constitution Day resources help Americans understand

Tomorrow marks the 221st anniversary of the signing of the U.S. Constitution, and the American Bar Association is calling on all Americans to commemorate Constitution Day by taking time to appreciate and learn more about this essential national document and its enduring legacy in the civic life of our country. The ABA joins other concerned educational and professional groups in this nationwide effort to promote understanding of the Constitution and foster a commitment to active civic participation.

See what resources the ABA has available on the Constitution

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
00 - 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.

STATE OF TENNESSEE ex rel. BEE DESELM, ET AL. v. DIANE JORDAN, ET AL.

Court: TCA

Attorneys:

Herbert S. Moncier, Knoxville, Tennessee, for the Appellants, State of Tennessee and Knox County, Tennessee, ex rel. Bee DeSelm, James Gray, Carl Seider, H.R. DeSelm, Jennifer Arthur, William S. Collins, Donna Brien, David Havercom, Mary Hook, Susan Jenkins, and Miriam Levering.

James L. Murphy and Austin L. McMullen, Nashville, Tennessee, for the Appellee, Knox County Election Commission.

John E. Owings, Knox County Law Director, and Martha Haren McCampbell, Deputy Law Director, Knoxville, Tennessee, for the Appellees, Diane Jordan, Billy Tindell, John Griess, Mark Cawood, John R. Mills, Phil Guthe, and Larry Clark.

Robert H. Watson, Jr., Knoxville, Tennessee, for the Appellee, Timothy Hutchison.

Judge: LEE

The plaintiffs brought this action seeking the removal of several Knox County officials from office on the ground that they were ineligible for their positions by operation of the term limits provision of the Knox County Charter. Six days after the plaintiffs filed their complaint, the Tennessee Supreme Court heard arguments in the case of Jordan v. Knox County. The Supreme Court in its Jordan opinion, released on January 12, 2007, decided all issues raised in the case before us. Accordingly, we affirm the trial court's dismissal of the plaintiffs' complaint on the basis of mootness.

http://www.tba2.org/tba_files/TCA/2008/deselmb_091608.pdf


JOHN DOE v. CATHOLIC BISHOP FOR THE DIOCESE OF MEMPHIS

Court: TCA

Attorneys:

John H. Dotson, Michael Casey Shannon, and J. Martin Regan, Memphis, Tennessee for the appellant Catholic Bishop for the Diocese of Memphis.

Gary K. Smith, Karen M. Campbell, Memphis, Tennessee, and Adam D. Horowitz, Miami, Florida, for the appellee John Doe.

Judge: KIRBY

This appeal involves the denial of a motion to dismiss based on the statute of limitations. The plaintiff, a thirty-seven year old man, filed a lawsuit against the defendant Catholic diocese. His complaint alleged that, as an adolescent, he was sexually abused by a Catholic priest employed by the defendant diocese. The lawsuit alleged that the diocese was negligent in hiring, retaining, and supervising the priest, and that the diocese breached its fiduciary duty to the plaintiff by failing to disclose to him its knowledge that the priest had abused other young boys. The diocese filed a motion to dismiss, arguing that the lawsuit was barred by the statute of limitations. In response, the plaintiff argued that the statute of limitations was tolled under the discovery rule, the doctrine of fraudulent concealment, and the doctrine of equitable estoppel. The trial court denied the motion to dismiss. The diocese was granted permission for this interlocutory appeal. On appeal, we reverse, finding that the plaintiff's complaint is time-barred, and cannot be saved by the discovery rule, the doctrine of fraudulent concealment, or the doctrine of equitable estoppel.

http://www.tba2.org/tba_files/TCA/2008/doej_091608.pdf


FRANKIE LEWIS, ET AL. v. CLEVELAND MUNICIPAL AIRPORT AUTHORITY, ET AL.

Court: TCA

Attorneys:

Richard A. Fisher, Cleveland, Tennessee, for the Appellants, Frankie Lewis and Herbert J. Haney, on behalf of themselves and others similarly situated.

Ronald D. Wells and Stacy Lynn Archer, Chattanooga, Tennessee, for the Appellee, Cleveland Municipal Airport Authority.

Robert S. Thompson, Cleveland, Tennessee, for the Appellee, Bradley County Commission.

Judge: SWINEY

This lawsuit challenges actions by the Cleveland Municipal Airport Authority (the "Airport Authority") and the Bradley County Commission (the "Commission") involving the rezoning by the Commission of certain property located in Bradley County from Forestry Agricultural Residential to Special Impact Industrial. The Airport Authority intends to relocate the Cleveland Municipal Airport to the rezoned property. Frankie Lewis originally filed this lawsuit and Herbert Haney was added later as a plaintiff. As pertinent to this appeal, the Trial Court determined that Lewis lacked taxpayer standing to bring this lawsuit against the Airport Authority and granted the Airport Authority's motion to dismiss. Lewis appeals the dismissal of his lawsuit against the Airport Authority. As to the Commission, both plaintiffs allege statutory and procedural violations surrounding notice of the requested rezoning and the conduct of the Commission in eventually granting the request for rezoning. The Trial Court granted the Commission's motion for summary judgment after concluding that there were no genuine issues of material fact and the Commission was entitled to a judgment as a matter of law. Both Lewis and Haney appeal that summary judgment. We conclude that the Trial Court did not err in granting the Airport Authority's motion to dismiss and the Commission's motion for summary judgment. The judgment of the Trial Court is, therefore, affirmed.

http://www.tba2.org/tba_files/TCA/2008/lewisf_091608.pdf


STATE OF TENNESSEE v. JOVAN XAVIER MOORE

Court: TCCA

Attorneys:

Donna Orr Hargrove, District Public Defender; and Andrew Jackson Dearing, Assistant Public Defender, for the appellant, Jovan Xavier Moore.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Charles Frank Crawford, Jr., District Attorney General; and Michael D. Randles, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

Aggrieved of his five Bedford County Circuit Court jury convictions of selling .5 grams or more of cocaine and his effective Department of Correction sentence of 24 years, the defendant, Jovan Xavier Moore, appeals. He challenges the sufficiency of the convicting evidence, the trial court's order consolidating the five separate indictments for trial, and the trial court's sentencing determinations. Because we hold that one conviction is infirm due to the trial court's denial of a severance of the trial regarding that single offense, we reverse one conviction and remand it for a new trial but affirm the others. We also affirm the trial court's sentencing determinations.

http://www.tba2.org/tba_files/TCCA/2008/moorej_091608.pdf


AUTHOR RAY TURNER v. STEPHEN DOTSON, WARDEN

Court: TCCA

Attorneys:

Author Ray Turner, Whiteville, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany, Assistant Attorney General; and D. Michael Dunavant, District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The petitioner, Author Ray Turner, appeals the circuit court's order summarily dismissing his petition for writ of habeas corpus. Following our review of the record and applicable law, we affirm the court's order.

http://www.tba2.org/tba_files/TCCA/2008/turnera_091608.pdf


TODAY'S NEWS

Legal News
Disciplinary Actions
Upcoming
TBA Member Services

Legal News
Ogle is new assistant D.A.
Stephen S. Ogle was named Blount County assistant district attorney general on Monday morning and was sworn in at the Blount County Justice Center. Ogle is filling the vacancy that was created after Robert Headrick was appointed Blount County General Sessions judge. Headrick was appointed when Judge David R. Duggan was elected to the Circuit Court Judge Division II seat in the Aug. 7 election.
Find out more from the Daily Times
Nashville's next PD candidates present to council
Voters heard from finalists vying for the Davidson County public defender post yesterday in a community forum in preparation for tonight's meeting of the Metro Council's rules and confirmations committee. Candidates Shirley Corry, Dawn Deaner, Laura Dykes, Isaiah "Skip" Gant and Kelvin Jones will make their official sales pitch tonight in front of the committee. After that, the full Metro Council body will select Nashville's next public defender. The vacancy opened after the death of Public Defender Ross Alderman last month.
The City Paper followed the story
Gang leader sentenced to 45 years
A leader of La Mara Salvatrucha, or MS-13, was sentenced today to 45 years in prison for his participation in a racketeering enterprise, Acting Assistant Attorney General Matthew Friedrich of the Criminal Division and U.S. Attorney Edward M. Yarbrough of the Middle District of Tennessee announced. Escolastico Serrano, a/k/a "Chito," was also sentenced today by Chief U.S. District Judge Todd J. Campbell of the Middle District of Tennessee in Nashville to serve five years of supervised release. The case was prosecuted by Assistant U.S. Attorney Jimmie Lynn Ramsaur of the Middle District of Tennessee and Trial Attorney John Han from the Criminal Division's Gang Squad.
Read the Department of Justice's release
Law firms will feel financial ripples too
The nation's top law firms are facing an uncertain new landscape following the demise of two of Wall Street's biggest and most established investment banks, an article in the New York Journal says. "There's not a firm in the city that's not terrified about what's going on right now," said the managing partner of one top New York firm, who asked to remain unnamed.
Read the article
Anderson County says no to new justice center
Anderson County commissioners Monday night rejected a plan to build a justice center estimated to cost between $9 million and $18 million. "Sooner or later, we're going to have to build a justice center," Commissioner John Alley predicted, adding that construction costs will only continue to escalate. Commissioners also backed away from deciding on a proposal to move the county's juvenile court out of the courthouse and into the county-owned Robert L. Jolley Building next door.
The News Sentinel has the story
Maury County to vote on priority of justice center
"We can't stretch another inch out of this courthouse," Maury County Mayor Jim Bailey says. For Bailey, there is no project more important than building a criminal justice center. More than 92,000 people crossed through the century-old courthouse this past year, according to county figures. Maury County Commissioner Bob Farmer introduced a resolution that will make constructing a justice center the county's top building project and postpone new building projects until the justice center is complete. The commission will vote on the resolution Monday.
The Columbia Daily Herald has the story
Disciplinary Actions
Two Nashville lawyers suspended
The Tennessee Supreme Court on Sept. 8 suspended the law license of Matthew F. Mayo for three months, with all but 45 days of the suspension being suspended, and placing Mayo on probation with conditions.
Read the BPR release
The Tennessee Supreme Court on Sept. 9 suspended the law license of Nashville lawyer Linda Diane Schlanger Harris for five years, retroactive to June 29, 2006. The Board of Professional Responsibility filed a petition for final discipline against Harris based upon her pleading guilty to conspiracy to defraud mortgage loan companies and financial institutions.
Read the BPR release
Texas lawyer censured
The Tennessee Supreme Court on Sept. 8 publicly censured Douglas R. Dadisman, who practices law in San Antonio, Texas. The Board of Professional Responsibility filed for Discipline against Dadisman pursuant to Rule 9 of the Rules of the Supreme Court of Tennessee. Dadisman submitted a conditional guilty plea in which he admitted failing to return telephone calls of a client but stated that the failure occurred at a time when he was caring for his terminally ill father.
Read the BPR release
Upcoming
Freedom Riders to receive honorary degrees from TSU
On Thursday, students who were expelled from college because they participated in the 1961 Freedom Rides will receive honorary degrees from Tennessee State University. The Freedom Riders traveled around the South in spring and early summer 1961 to protest segregation in seating on interstate buses, in restaurants and in bus-terminal restrooms. The ceremony will be at TSU's Gentry Center at 1 p.m. Last April, the Tennessee Board of Regents reversed an earlier decision and voted unanimously to award honorary degrees to the then-Tennessee Agriculture & Industrial State College students who were expelled.They were expelled "without due process (of a hearing)," Sammy L. Comer, TSU Faculty Senate president, wrote.
Columnist Dwight Lewis writes about it in the Tennessean
TBA Member Services
Secure, compliant data backup service now available
The TBA's official data protection, backup and recovery vendor of choice, EVault, offers secure online backup solutions. Evault minimizes downtime by backing up files quickly and easily, and helps lawyers remain compliant by maintaining file integrity. Get EVault and be confident your data is securely stored and protected. TBA members enjoy a 10 percent savings on all services. For more information on this member benefit Denise Lucas at (407) 523-9774.
Learn why lawyers trust EVault for online data backup solutions

 
 
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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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