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Sign up now for the Tennessee Bar Association convention before the price goes up -- a $100 late fee applies after May 30. When you register now for the June 18-20 event in Memphis, you get complete access to all CLE programming, admission to the Memphis Music Extravaganza featuring The Bouffants and the Jimmy Church Review, and tickets to the Bench/Bar Luncheon featuring former UT Vols football coach Phil Fulmer and the Lawyers Luncheon featuring the installation of the TBA's new president, Gail Vaughn Ashworth.

Learn more about the convention or register online now

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.

RICHARD T.D. BETHEA, ET AL. v. SONG HEE HONG, ET AL.

Court: TCA

Attorneys:

Gregory D. Cotton, Memphis, TN, for Appellants.

Song Hee Hong, Collierville, TN, pro se.

Judge: STAFFORD

This appeal involves a dispute arising out of a contract for the sale of Appellant's house. After the contract was executed, Appellees conducted a home inspection which revealed mold in the home's air ducts. Appellants refused to repair the air ducts, and Appellees terminated the agreement. Both parties filed motions for summary judgment. The trial court granted summary judgment in favor of Appellees finding that termination was an available remedy under the terms of the agreement. Finding no error in this conclusion, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCA/2009/bethear_052909.pdf


JOHNNY HATCHER, JR. v. CHAIRMAN, SHELBY COUNTY ELECTION COMMISSION, ET AL.

Court: TCA

Attorneys:

Darrell J. O'Neal, Memphis, Tennessee, for the Appellant, Johnny Hatcher, Jr.

Elbert Jefferson, Jr., Jack L. Payne, Jr., Memphis, Tennessee, for the Appellees, Shelby County Election Commission.

Judge: STARRORD

Appellant, a candidate for the Memphis City Council, filed suit against his opponent and the members of the Shelby County Election Commission, seeking a declaratory judgment that his opponent was not a qualified candidate and to enjoin the Commission from including his opponent's name on the election ballot. Following the election, the trial court dismissed Appellant's complaint as being moot. We affirm.

http://www.tba2.org/tba_files/TCA/2009/hatcherj_052909.pdf


JAMES DANIEL RICHARDSON ROBERTS, JR. v. CHAMPS-ELYSEES,INC., ET AL.

Court: TCA

Attorneys:

Janet L. Layman, Nashville, Tennessee, for the appellant, James Daniel Richardson Roberts, Jr.

Eugene N. Bulso, Jr., Nashville, Tennessee, for the appellees, Champs-Elysees, Incorporated and Edna L. Green.

Judge: DINKINS

Appellant challenges the dismissal of his malicious prosecution action and the imposition of Rule 11 sanctions. Finding that an essential element of Appellant's cause of action had been negated, the trial court's dismissal is affirmed. Finding there to be no abuse of discretion, the trial court's imposition of sanctions is affirmed. Finding this appeal to be frivolous as to one of the Appellees, we remand the case for the trial court to determine the damages to be awarded.

http://www.tba2.org/tba_files/TCA/2009/robertsj_052909.pdf


STATE OF TENNESSEE v. WILLIAM "BILL" E. BOLINGER

Court: TCCA

Attorneys:

Agnes Sipple Trujillo, Rutledge, Tennessee, for the appellant, William "Bill" E. Bolinger.

Robert E. Cooper, Jr., Attorney General and Reporter; Melissa Roberge, Assistant Attorney General; C. Berkeley Bell, Jr., and Haley Johnson and Cecil Clayton Mills, Jr., Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: TIPTON

The defendant, William "Bill" E. Bolinger, was convicted by a Greene County Criminal Court jury of hindering a secured creditor, a Class E felony, for which he received a two-year sentence as a Range I offender to be served with ninety days in the county jail and the balance on house arrest. On appeal, the defendant challenges the sufficiency of the evidence and whether a bank properly used law enforcement to collect a loan. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/bolingerw_052909.pdf


STATE OF TENNESSEE v. MICHAEL FLAMINI
CORRECTION


Court: TCCA

Attorneys:

Gerald L. Gulley, Jr., Knoxville, Tennessee (on appeal); Michael Rothenberg, Sandy Springs, Georgia (at trial); and Steven Edward Sams, Knoxville, Tennessee (at trial), for the appellant, Michael Flamini.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Takisha Fitzgerald, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WITT

A Knox County Criminal Court jury convicted the defendant, Michael Flamini, of two counts of aggravated robbery and one count of burglary. After merging the aggravated robbery convictions, the trial court imposed concurrent, Range II sentences of 14 years for aggravated robbery and three years for burglary. In this appeal, the defendant claims that the trial court erred in the jury selection process and by denying a defense motion for continuance, that the evidence was insufficient to support his conviction of burglary, and that the sentence violates the ruling in State v. Gomez, 239 S.W.3d 733 (Tenn. 2007). Because the evidence was insufficient to support the conviction of burglary, that conviction is reversed, and the charge is dismissed. The conviction of aggravated robbery and the trial court's judgment in all other respects is affirmed.

http://www.tba2.org/tba_files/TCCA/2009/flaminim_corr_52909.pdf


TODAY'S NEWS

Legal News
Disciplinary Actions
TennBarU CLE
TBA Member Services

Legal News
Court adopts new rule for foreign law students
Applicants to sit for the Tennessee bar exam who received their legal education in a foreign country will have to meet a new requirement that they attend a year at an ABA accredited or Board of Law Examiners-approved law school under an order issued today by the Tennessee Supreme Court. The new requirement is in addition to the current requirement that students graduate from a law school accredited by a competent accrediting agency in the foreign country.
Read the new Rule 7, Section 7.01
Carter County ordered to beef up sheriff's office
Circuit Court Judge Thomas Seeley on Thursday ordered Carter County Commissioners to provide the sheriff's department with three additional road deputies, five additional correctional officers and an additional warrant clerk. His action followed a six-day trial on a writ of mandamus lawsuit the sheriff had filed against the county because he believed his department was understaffed and underfunded.
Read more from the Kingsport Times-News
E-discovery rules change
July 1, TBJ will get you ready
New rules for electronic discovery take effect July 1 and you can find out the details in the June issue of the Tennessee Bar Journal. Read some tips for arbitration and an update on the Public Records Act, as well as the regular columns by President Buck Lewis, Don Paine, Edward G. Phillips and Bill Haltom. You should have your copy on your desk soon, or you can
read the Journal online now
Disciplinary Actions
Sevierville lawyer suspended
The Tennessee Supreme Court on May 22 suspended the law license of Ronald R. Reagan for five years after he pleaded guilty to possession of a computer hard drive containing three or more visual depictions of child pornography.
Read the full BPR news release
Memphis lawyer suspended
The Tennessee Supreme Court on May 22 suspended Memphis lawyer David J. Johnson for six months, with all time to be served on probation subject to several conditions, after finding that he exercised a lack of diligence involving an investment scheme perpetrated by a former client. Johnson must perform 100 hours pro bono service and attend an additional three hours continuing legal education in ethics and professionalism prior to the expiration of the probationary period.
Read the full BPR news release
TennBarU CLE
Don't panic! TennBarU can help you meet June 1 CLE deadline requirements
Still need CLE hours to complete your 2008 requirements before the June 1 deadline to avoid a $200 fee? Don't worry. The TBA's TennBarU has more than 200 online video and text programs on dozens of topics. You'll find ethics programming, courses on specialized topics and updates in many areas of the law. And remember, Tennessee CLE rules now allow you to complete eight hours of distance learning each year.
See the full catalog of TennBarU offerings
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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