Thursday, March 26, 2009
Search our Database for Opinions and News Items
 
 
Baker, Ford to provide insight on key topics

What does America need to do to get back on track? It's a question asked during the presidential campaign, and one that has become even more compelling as the country struggles with economic recession. You can hear former Senator Howard Baker and former Congressman Harold Ford Jr. bring their experience and insight to the topic during this year's TBA Annual Convention in Memphis, June 18-20. This program is just part of a well-rounded slate of educational programming and entertaining events you'll be able to take part in when you register for the TBA Convention.

Find out more about this year's programming or register today
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
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
07 - TN Court of Appeals
11 - 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.
BRANDON T. BEAN v. STEVE BAILEY ET AL.

Court: TSC

Attorneys:

John T. Milburn Rogers, Greeneville, Tennessee, for the appellant, Brandon T. Bean.

Thomas L. Kilday and Thomas J. Garland, Jr., Greeneville, Tennessee, for the appellees, Steve Bailey, Terri Lynn Lemons, and Thomas N. Sturgill.

Ann C. Short-Bowers and Ralph E. Harwell, Knoxville, Tennessee, for the intervenor, Rogers, Laughlin, Nunnally, Hood & Crum.

Judge: HOLDER

In this extraordinary appeal pursuant to Rule 10 of the Tennessee Rules of Appellate Procedure, the plaintiff asserts that the trial court erred in denying the plaintiff's recusal motion. We conclude that the trial court erred by considering the opinion of a third party in violation of Tennessee Supreme Court Rule 10, Canon 3(B)(7) and applying an erroneous standard in evaluating the motion for recusal. Further, we conclude that a person of ordinary prudence in the judge's position would find that the contentious history between the judge and the plaintiff's counsel provides a reasonable basis for questioning the ability of the trial court to be fair and impartial. We reverse the decision of the trial court and remand for proceedings consistent with this opinion.

http://www.tba2.org/tba_files/TSC/2009/beanb_032609.pdf
TIM BURRUS, ET AL. v. JIMMY WISEMAN, ET AL.

Court: TCA

Attorneys:

Brandon O. Gibson, Jackson, TN, for Appellant Benton County

Laura A. Keeton, Huntington, TN, for Appellees, Benton County Clerk and Master; Benton County Assessor of Property; Benton County Circuit Court Clerk; Benton County Register; Benton County Trustee; and Benton County Clerk

Judge: STAFFORD

This is a lawsuit filed by eight county officials to resolve a budget dispute. The officials filed an application in Chancery Court seeking judicial authorization to hire additional staff and to increase the salaries and benefits paid to a separate group of county employees. One day after the petition was filed, the officials, along with the defendant County Mayor, entered a consent order approving each petitioner's requests. One month later, the County Commission attempted to intervene and have the order set aside. The trial court denied the County Commission's motions, and the County Commission appeals. We affirm the trial court's denial of the motion to intervene. However, several procedural and substantive defects require this Court to vacate the Consent Order and remand this matter to the trial court.

http://www.tba2.org/tba_files/TCA/2009/burrust_032609.pdf
IN RE GABRIEL L.

Court: TCA

Attorneys:

Robert W. White, Maryville, Tennessee, for the appellant, Bryan C.

Charles Dungan, Maryville, Tennessee, for the appellees, Judy L., George L., and Holly S.

Lance A. Evans, Maryville, Tennessee, guardian ad litem for Gabriel L.

Judge: SUSANO

This is termination of parental rights case. On January 14, 2003, Gabriel L. ("the Child") was born to Holly S. ("Mother") and Bryan C. ("Father"). In April 2005, the Child's maternal grandmother, Judy L. ("Judy"), and her husband, George L. ("George")(collectively, "Petitioners"), petitioned the court to adopt the Child and terminate Father's parental rights. At the conclusion of trial, the court held that the grounds alleged in support of the petition had been established and ordered that Father's parental rights be terminated. Father appeals, challenging the trial court's determination that grounds to terminate were established by clear and convincing evidence. Father also challenges the trial court's conclusion that termination was shown, by clear and convincing evidence, to be in the Child's best interest. We affirm.

http://www.tba2.org/tba_files/TCA/2009/gabriell_032609.pdf
BILLIE GAIL HALL, as Surviving Spouse of BILLY R. HALL v. DOUGLAS B. HAYNES, JR., M.D. and MEDSOUTH HEALTHCARE, P.C.

Court: TCA

Attorneys:

Marty R. Phillips and Ashley D. Cleek, Jackson, Tennessee, for the Defendants/Appellants Douglas B. Haynes, Jr., M.D., and MedSouth Healthcare, P.C.

Charles M. Agee, Jr., Dyersburg, Tennessee, for the Plaintiff/Appellee Billie Gail Hall, as Surviving Spouse of Billy R. Hall

Judge: KIRBY

This appeal involves authority to accept service of process. The plaintiffs filed a medical malpractice lawsuit against the defendant corporation and its employee, the defendant physician. The plaintiffs attempted to serve process in person on both the corporation and the physician at the corporation's business address. Service was accepted on behalf of the physician by a co-worker, who was not specifically authorized to accept service for him. Service was accepted on behalf of the corporation by an employee of the corporation who was not an officer, managing agent, or chief agent, and who was not specifically authorized to accept service for the corporation. Both defendants received a copy of the summons and complaint. The plaintiffs then filed an amended complaint and attempted to serve both defendants via certified mail. The return receipts for both defendants were signed by an employee of the corporation who was not an officer, managing agent, or chief agent of the corporation, and was not specifically authorized to accept service of process on behalf of either the physician or the corporation. The employee who signed the return receipts was, however, authorized to sign for certified mail. The defendants filed a motion for summary judgment based in part on insufficiency of service of process. The trial court denied the motion for summary judgment, relying on this Court's decision in Boles v. Tennessee Farmers Mutual Insurance Co., No. M1999-00727-COA-R3-CV, 2000 WL 1030837 (Tenn. Ct. App. July 27, 2000). The defendants were granted permission for interlocutory appeal. On appeal, the defendant physician argues that service on him was not effective because he was not personally served and because the persons who accepted service on his behalf were not authorized to do so. The defendant corporation argues that service on it was not effective because neither the corporation's registered agent nor its administrator were served and the persons who accepted service on the corporation's behalf were not authorized to do so. After reconsidering the analysis in Boles, we reverse the trial court's decision, finding that service was not effective on either defendant and the trial court erred in denying the defendants' motion for summary judgment.

http://www.tba2.org/tba_files/TCA/2009/hallb_032609.pdf
RON HENRY, ET AL. v. CHEROKEE CONSTRUCTION AND SUPPLY COMPANY, INC.

Court: TCA

Attorneys:

Douglas T. Jenkins, Rogersville, Tennessee for the Appellants, Ron Henry and wife, Linda Henry.

Charles G. Taylor, III, Knoxville, Tennessee for the Appellee, Cherokee Construction and Supply Company, Inc.

Judge: SWINEY

Ron Henry and Linda Henry ("Plaintiffs") sued Cherokee Construction and Supply Company, Inc. ("Defendant") alleging damages sustained when a wall in the home that Defendant constructed for Plaintiffs collapsed. Defendant filed a motion for summary judgment. The Trial Court entered an order finding and holding that Plaintiffs' claim was barred by the four year statute of repose contained in Tenn. Code Ann. section 28-3-201, et seq., and granting Defendant summary judgment. Plaintiffs appeal to this Court. We affirm.

http://www.tba2.org/tba_files/TCA/2009/henryr_032609.pdf
CARLYNN MANNING ET AL. v. DALE K. SNYDER ET AL.

Court: TCA

Attorneys:

William J. Brown, Cleveland, Tennessee, for the appellants, Carlynn Manning and Gerald Z. Hickey.

Johnny L. Woodruff, Chattanooga, Tennessee, for the appellee, Susan Hendricks.

No appearance by, or on behalf of, Dale K. Snyder and Sheridan E. Snyder.

Judge: SUSANO

Following the death of Edith Leona Hickey ("the Deceased"), Carlynn Manning and Gerald Z. Hickey ("Plaintiffs") filed a declaratory judgment action to set aside a quitclaim deed and dissolve a trust known as the "Irrevocable Trust of Edith Leona Hickey" ("the Trust"). The beneficiary of the Trust was Susan Hendricks ("the Beneficiary"). The deed and the Trust document were drafted by counsel and the quitclaim deed was recorded. Plaintiffs assert that the deed was not "delivered" and that the trustee of the Trust is not capable of acting as trustee. Plaintiffs also argue that the deed was void because it, according to them, contained "no description." In addition, Plaintiffs claim that whiteout was used on the Trust document to change the trustee from Sheridan E. Snyder ("Mrs. Snyder") to her husband Dale K. Snyder ("Mr. Snyder"), rendering the Trust void. Plaintiffs also assert that the Trust instrument is void because there was no actual delivery of the deed to the trustee at the time the Trust was created. The trial court held that the quitclaim deed was delivered in that there was not clear and convincing evidence that the Deceased intended to retain control over the deed and delay its delivery. In addition, the court held that Mrs. Snyder is capable of acting as trustee. The court found that the whiteout change on the Trust instrument was ineffectual to change the trustee, and the court reformed the Trust document, as permitted by Tenn. Code Ann. section 35-15-415 (2007), to give effect to the Trust as originally written. The court also held that actual physical delivery of the quitclaim deed to the trustee at the time the Trust was created was not necessary to the creation of a valid trust. Plaintiffs appeal. We affirm.

http://www.tba2.org/tba_files/TCA/2009/manningc_032609.pdf
ROBERT RICHMOND and wife, DARLENE RICHMOND, v. HSBC BANK, USA, as trustee

Court: TCA

Attorneys:

Billy P. Sams, Oak Ridge, Tennessee, for appellants, Robert and Darlene Richmond.

Matthew A. Birdwell, Knoxville, Tennessee, for appellee, HSBC Bank, USA.

Judge: FRANKS

Plaintiffs brought this action to enjoin enforcement of a detainer judgment and to nullify a foreclosure on their home on the basis that defendant failed to offer the property for sale at the courthouse door, in accordance with the notice of foreclosure. The Trial Court held plaintiffs failed to prove their allegations and found the foreclosure sale was properly held. Plaintiffs appealed. We affirm.

http://www.tba2.org/tba_files/TCA/2009/richmondr_032609.pdf
ALAN P. WOODRUFF v. NATIONAL LIFE INSURANCE COMPANY

Court: TCA

Attorneys:

Dan D. Rhea, Knoxville, Tennessee, for the appellant, National Life Insurance Company.

Alan P. Woodruff, Albuquerque, New Mexico, appellee, pro se.

Judge: SUSANO

Alan P. Woodruff ("the plaintiff") filed suit against National Life Insurance Company seeking the return of premiums paid by Daniel Edgar, the named insured on two life insurance policies issued by National. The suit was filed following the conclusion of underlying litigation in the state of Florida, in which Edgar and his former employer, Cape Coral Medical Center ("the hospital"), both claimed exclusive ownership of the subject policies. During the pendency of the Florida litigation, National advised counsel for the parties that the policies had lapsed due to non-payment of premiums; but that the company was willing to reinstate the policies, provided a payment was made in an amount sufficient to keep the policies current through July 1995. National "suggest[ed]," if the competing parties could not agree on who would pay the past due premiums, that each of them pay the full amount of the delinquent premiums with the understanding that National would return to the unsuccessful party in the Florida litigation the premiums paid by him or it, plus interest. Edgar made a payment of premiums in the amount of $9,065.45. Later, the Florida court ruled that the hospital owned the policies. Thereafter, Edgar assigned to the plaintiff his claim against National for return of his payment to National. As the assignee-in-interest, the plaintiff instituted this action when National failed to respond to his demand for the return of the premiums paid by Edgar. Based on the filings in the record, the trial court entered summary judgment in favor of the plaintiff and ordered the return of the premiums paid by Edgar plus interest. National appeals, arguing that there was no contract between it and Edgar that required the return of the premiums. We vacate the grant of summary judgment to the plaintiff and remand for further proceedings.

http://www.tba2.org/tba_files/TCA/2009/woodruffa_032609.pdf
STATE OF TENNESSEE v. LAMAR A. FRANKLIN

Court: TCCA

Attorneys:

Ardena J. Garth, District Public Defender (on appeal and at trial); and Richard Kenneth Mabee, Assistant District Public Defender (on appeal), for the appellant, Lamar A. Franklin.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; William H. Cox, District Attorney General; and Neil Pinkston, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The defendant, Lamar A. Franklin, pleaded guilty to one count of civil rights intimidation and one count of robbery, and the Hamilton County Criminal Court ordered him to serve four years' incarceration for the robbery conviction concurrently with two years' incarceration for the civil rights intimidation conviction. The defendant appeals his sentences, arguing that the trial court erred in enhancing his sentence for the robbery conviction to four years' incarceration and that the trial court erred in not granting alternative sentencing. Discerning no error, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/franklinl_032609.pdf
STATE OF TENNESSEE v. DAVID W. FRAZIER

Court: TCCA

Attorneys:

Charles S. Kelly, Sr., Dyersburg, Tennessee, for the appellant, David W. Frazier.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; Joseph P. Atnip, District Attorney General; and Kevin McAlpin, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

Following a jury trial, the defendant, David W. Frazier, was convicted by a Weakley County jury of one count of driving under the influence, second offense, ("DUI 2nd"), a Class A misdemeanor, and sentenced to a term of eleven months and twenty-nine days, sixty days of which was to be served in the county jail. The defendant was initially indicted by a Weakley County jury for DUI 2nd and violation of the implied consent law. He subsequently filed a motion to dismiss the indictment, as the preliminary hearing tape was inaudible. The State agreed, and the court dismissed the indictment. Subsequently, a second preliminary hearing was held, and the defendant was reindicted by a grand jury. The defendant then filed a motion to dismiss the second indictment upon grounds that he had previously been charged and indicted for the same offenses. The court denied the motion. On appeal, he raises the single issue of whether the trial court erred in failing to dismiss the second indictment because the State failed to timely reindict the defendant and because the second indictment violates double jeopardy principles. After review of the record, we find no merit to the defendant's contentions and affirm the judgment of conviction.

http://www.tba2.org/tba_files/TCCA/2009/frazierd_032609.pdf
TORREY LYONEL FRAZIER v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Gerald L. Gulley, Jr., Knoxville, Tennessee, for the Appellant, Torrey Lyonel Frazier.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Matthew Bryant Haskell, Assistant Attorney General; Russell Johnson, District Attorney General; Frank A. Harvey, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WOODALL

A Roane County jury convicted Petitioner, Torrey L. Frazier, of second degree murder, and the trial court sentenced him to twenty-two years as a violent offender. Petitioner's conviction and sentence were affirmed on direct appeal, and the Tennessee Supreme Court denied permission to appeal. State v. Torrey Lyonel Frazier, E2000-01364-CCA-R3-CD, 2001WL 1627601, at *1 (Tenn. Crim. App., at Knoxville, Dec. 19, 2001), perm. app. denied (Tenn. Feb. 21, 2006). Following the filing of Petitioner's petition for post-conviction relief, an agreed order was entered allowing Petitioner a delayed Rule 11 application for permission to appeal to the Tennessee Supreme Court. Petitioner's petition for post-conviction relief alleges, inter alia, that he was denied the effective assistance of counsel. The post-conviction court dismissed the petition after a hearing. On appeal, Petitioner contends that his trial counsel was ineffective because he: (1) failed to request a jury instruction on second degree murder as a "result-of-conduct" offense; (2) failed to appeal the issue of the jury instruction on second degree murder; and (3) failed to raise in Petitioner's motion for new trial an issue involving an allegedly biased juror. After a thorough review of the record and applicable authorities, we conclude that Petitioner has failed to show that his trial counsel rendered ineffective assistance and affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2009/fraziert_032609.pdf
STATE OF TENNESSEE v. JAMES ALFRED GOODMAN

Court: TCCA

Attorneys:

Gary F. Antrican, District Public Defender; Lyle A. Jones (at trial and on appeal) and David Stockton (at trial), Assistant District Public Defenders, for the appellant, James Alfred Goodman.

Robert E. Cooper, Jr., Attorney General and Reporter; Matthew Bryant Haskell, Assistant Attorney General; D. Michael Dunavant, District Attorney General; and James Walter Freeland, Jr. and Patrick Neal Oldham, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, James Alfred Goodman, was convicted by a Tipton County jury of aggravated robbery, a Class B felony, and evading arrest -- endangering others, a Class D felony, and sentenced as a Range I, standard offender to ten years and three years, respectively, to be served consecutively in confinement. On appeal, he argues that: (1) the trial court erred in not considering his motion to proceed in propria persona; (2) his right to a fair trial was prejudiced by the State's failure to produce all of his property in its possession; (3) his right to confront witnesses was "abridged and violated"; and (4) the evidence is insufficient to sustain his convictions. After review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/goodmanj_032609.pdf
STATE OF TENNESSEE v. GALE MARLEEN KRIZKA

Court: TCCA

Attorneys:

Joe H. Walker, District Public Defender and Walter B. Johnson, Assistant Public Defender, for the appellant, Dustin Wayne Capps.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; J. Scott McCluen, District Attorney General, and Frank Harvey, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Appellant, Gale Marleen Krizka, was indicted for first degree murder for the death of her husband. At the conclusion of the proof at trial, the trial court dismissed the first degree murder charge. The case proceeded to the jury on several lesser included offenses. After deliberating, the jury found Appellant guilty of second degree murder. As a result, the trial court sentenced her to twenty-two years in incarceration. Appellant seeks a review of her conviction, arguing that the evidence was insufficient to support the conviction for second degree murder and that the trial court improperly instructed the jury on criminal responsibility for the acts of another. We determine that the evidence presented at trial supports a jury instruction on criminal responsibility for the acts of another and that the evidence was sufficient to support the second degree murder conviction. Accordingly, the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2009/krizkag_032609.pdf
STATE OF TENNESSEE v. MARCUS ANTONIO LOGAN

Court: TCCA

Attorneys:

Lyle A. Jones (on appeal), Somerville, Tennessee, and C. Michael Robbins (at trial), Covington, Tennessee, for the appellant, Marcus Antonio Logan.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; D. Michael Dunavant, District Attorney General; and James Walter Freeland, Jr., P. Neal Oldham and Cameron Williams, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, Marcus Antonio Logan, was convicted by jury of one count of delivering less than .5 grams of a Schedule II controlled substance (cocaine), a Class C felony. Thereafter, he was sentenced to fifteen years imprisonment as a career offender. On appeal, the defendant presents three issues for review: (1) whether the trial court properly overruled the defendant's objection pursuant to Batson v. Kentucky, 476 U.S. 79 (1986); (2) whether the jury should have been instructed on the state's failure to preserve evidence; and (3) whether the evidence was sufficient to support the conviction. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/loganm_032609.pdf
HERMAN PARHAM v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Patrick E. Stegall, Memphis, Tennessee, for the appellant, Herman Parham.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; William L. Gibbons, District Attorney General; and Paul Hagerman, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The petitioner, Herman Parham, appeals the post-conviction court's denial of his petition for post-conviction relief. On appeal, he argues that he received the ineffective assistance of counsel. Specifically, he argues that his trial counsel was ineffective in failing to retrieve a bullet from a tree at the crime scene. After a thorough review of the record and the parties' briefs, the judgment of the post-conviction court denying post-conviction relief is affirmed.

http://www.tba2.org/tba_files/TCCA/2009/parhamh_032609.pdf
STATE OF TENNESSEE v. RICHARD PERKINSON

Court: TCCA

Attorneys:

Richard Hughes and Chessia Cox, Assistant Public Defenders (on appeal); and James F. Logan, Jr., Cleveland, Tennessee (at trial), for the appellant, Richard Perkinson.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; Robert Steven Bebb, District Attorney General; and Paul Donald Rush, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: WITT

The defendant, Richard Perkinson, appeals from his McMinn County Criminal Court jury convictions of aggravated burglary, see T.C.A. section 39-14-403 (2005), and vandalism of property valued at $1,000 or more but less than $10,000, see id. section 39-14-408. He claims that the trial court erred in denying his motion to suppress the victim's pretrial identification of the defendant, which was acquired by a photographic showup. He also challenges the sufficiency of the convicting evidence. Discerning no error, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/perkinsonr_032609.pdf
RICKIE REED v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Rickie Reed, Whiteville, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; William L. Gibbons, District Attorney General; and Alexia M. Fulgham, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The pro se petitioner, Rickie Reed, appeals the dismissal of his motion to reopen his petition for post-conviction relief. Because he failed to comply with the statutory requirements for seeking discretionary review of the dismissal of his motion, this court has no jurisdiction in the case. Accordingly, the appeal is dismissed.

http://www.tba2.org/tba_files/TCCA/2009/reedr_032609.pdf
STATE OF TENNESSEE v. AUGUSTA THOMAS ROBINSON

Court: TCCA

Attorneys:

J. Liddell Kirk, Knoxville, Tennessee, for the Appellant, Augusta Thomas Robinson.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Matthew Bryant Haskell, Assistant Attorney General; Randall E. Nichols, District Attorney General; Zane M. Scarlett, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

The Defendant, Augusta Thomas Robinson, pled guilty to attempted aggravated burglary and disorderly conduct. The parties agreed upon an effective sentence of three years, with the trial court to determine the manner of service of the sentence. The trial court ordered the Defendant to serve the sentence in confinement. The Defendant now appeals, contending that the trial court erred when it denied him an alternative sentence. After thoroughly reviewing the record and applicable authorities, we affirm the trial court's judgments.

http://www.tba2.org/tba_files/TCCA/2009/robinsona_032609.pdf
JERRY DALE TIGNER, JR. v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Jerri D. Mauldin, Memphis, Tennessee, for the appellant, Jerry Dale Tigner, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; William L. Gibbons, District Attorney General; and Muriel Malone, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The petitioner, Jerry Dale Tigner, Jr., appeals the denial of his petition for post-conviction relief, arguing that he received ineffective assistance of trial counsel. Following our review, we conclude that the petitioner has not met his burden of demonstrating either that counsel was deficient or that any alleged deficiencies in representation prejudiced the outcome of his case. Accordingly, we affirm the denial of the petition.

http://www.tba2.org/tba_files/TCCA/2009/tignerj_032609.pdf
Authority to Solemnize Marriage

TN Attorney General Opinions

Date: 2009-03-26

Opinion Number: 09-36

http://www.tba2.org/tba_files/AG/2009/ag_09_36.pdf
TODAY'S NEWS
Legal News
Politics
Passages
Disciplinary Actions
Upcoming
TBA Member Services
Legal News
Opinion: Elections no way to pick appellate judges
Memphis lawyer John Ryder writes that "retention elections are markedly superior to the popularly contested partisan elections envisioned by the critics. Such elections are wrong on both philosophical and practical grounds."
Read his argument in the Memphis Flyer
'Monkey trial' play to end
A long-running play based on the 1925 Tennessee trial of school teacher John Scopes will end after this summer's performances. The famous "monkey trial" in Dayton convicted Scopes of violating state statute by teaching evolution in biology class and fined him $100. Bryan College spokesman Tom Davis said officials decided to retire the play and Scopes Festival after several actors announced they would retire and support waned.
The Maryville Daily Times has more
Flipping a bird ruled free speech
A Pennsylvania motorist who flipped off a police officer and received a disorderly conduct ticket has won a ruling that his gesture was protected by the First Amendment.
ABAJournal.com connects you to this story
Politics
Former Sen. Williams working for TDOT
Mike Williams, the former state senator from Maynardville, is now project manager for the Tennessee Department of Transportation. Williams was a Republican state senator until 2007, when he left the GOP to serve the remainder of his term as an independent, NashvillePost.com reports. This past election cycle, Williams ran as an independent, with the support of the Tennessee Democratic Party, but was narrowly defeated by Republican Mike Faulk, a Church Hill attorney.
Alabama vote to limit partisan judicial elections is partisan
In Alabama, legislators were voting on two bills intended to take partisan politics out of judicial elections. The lawmakers voted -- along party lines -- and defeated the measures.
WRCB-TV reports this AP story
Passages
Services for Dean Davis set
Frederick Benjamin Davis, 82, died March 23, after a brief illness. Davis served as the dean and professor of law at Memphis State University from 1987-1992 and then on the faculty until his retirement in 2002. Prior to Memphis State, he served as dean of law at the University of Dayton from 1981-1986 and served as a professor of law at University of Missouri School of Law and other law schools. Davis received a BA from Yale University 1947, a J.D. from Cornell University 1953, and an L.L.M. from the University of Wellington 1955. Services in his memory will be held at Church of the Holy Communion on March 28 at 11 a.m.
Learn more from the Commercial Appeal
Disciplinary Actions
Davidson County lawyer suspended
Michael Sneed of Madison was suspended by the Tennessee Supreme Court on Feb. 24 for 18 months pursuant to Rule 9, Section 4.2, of the Rules of the Supreme Court. Sneed violated the Rules of Professional Conduct by neglecting client files, failing to communicate with his clients and failing to keep adequate trust account records.
Read the BPR release
Upcoming
IRS seeks volunteers for tax panel
The Internal Revenue Service is seeking volunteers from several states, including Tennessee, to serve on the Taxpayer Advocacy Panel, which listens to taxpayers, identifies key issues and makes recommendations for improving IRS service. More information and applications, taken through April 30, are available
on the IRS web site
Gibbons will speak at Joe Henry Lecture
The Hon. Julia Smith Gibbons, U.S. Court of Appeals for the Sixth Circuit, will be the guest speaker for the third annual Chief Justice Joe W. Henry Law Lecture, April 2, in Pulaski. The annual lecture series is named in memory of Joe W. Henry, a Giles County attorney who served on the Tennessee Supreme Court from 1974 until his death in 1980.
Find out more from WKSR.com
TBA Member Services
Save at FedEx Kinkos
Through your membership in the TBA, your business can enjoy FedEx reliability and special savings on a variety of FedEx services, including savings on FedEx Kinkos services. All you have to do is sign up. Opening an account is free and there is no minimum shipping requirement.
Find out more

 
 
Discontinue your TBA Today subscription? ... Surely not!
But if you must, visit the TBALink web site at:
http://www.tba2.org/tbatoday/unsub_tbatoday.php

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 2009 Tennessee Bar Association