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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.

01 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
00 - 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.

SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TSC

http://www.tba2.org/tba_files/TSC/2009/certlist_060109.pdf


JOHN S. BRYAN, JR., ET AL. v. WILLIAM R. (BILL) MITCHELL, JR., ET AL.

Court: TCA

Attorneys:

Thomas F. Bloom, Nashville, Tennessee for the Appellants, William R. (Bill) Mitchell, Jr. and Sherry L. Mitchell.

Joe W. Henry, Jr., Pulaski, Tennessee for the Appellees, John S. Bryan, Jr. and Debbie W. Bryan.

Judge: SWINEY

John S. Bryan, Jr. and Debbie W. Bryan ("Plaintiffs") sued William R. (Bill) Mitchell, Jr. and Sherry L. Mitchell ("Defendants") in a dispute over real property located in Lincoln County, Tennessee. The case was heard before a Special Master. After a hearing, the Trial Court entered an order, inter alia, adopting the Special Master's findings. Defendants appeal to this Court. No transcript or statement of the evidence is in the record on appeal. We affirm.

http://www.tba2.org/tba_files/TCA/2009/bryanj_060109.pdf


SAM L. HULL v. STUART THOMAS HOOD, ET AL.

Court: TCA

Attorneys:

C. Douglas Fields, Crossville, Tennessee, for the appellant, Sam L. Hull.

James Frank Wilson, Wartburg, Tennessee, for the appellees, Stuart Thomas Hood and Ellen Hood.

Judge: DINKINS

Landowner, who brought suit against adjoining property owners to recover for trespass, conversion of property and damages for removal of timber on his property, appeals the trial court's determination of common boundary line between the parties' property and dismissal of claims related to removal of timber. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCA/2009/hulls_060109.pdf


TODAY'S NEWS

Judicial Selection, Retention
Legal News
Politics
Passages
TBA Member Services

Judicial Selection, Retention
Opinion: Keeping retention elections was right thing to do
In an editorial today, The Mountain Press praises the updates made in how Tennessee selects appellate judges, saying it's not free from politics but "it's a lot closer ... than what we would have with open elections." The paper especially gives pats on the back to State Sen. Doug Overbey and Rep. Richard Montgomery, who represent Sevier County, for showing "political courage in supporting the retention elections."
Read the edtiorial
Legal News
High Court tells 6th Circuit it 'misperceived' double jeopardy
The U.S. Supreme Court has said that the 6th U.S. Circuit Court of Appeals had "fundamentally misperceived" the application of the double jeopardy clause and misinterpreted the law of collateral estoppel when it ruled the retardation issue was already decided in the case of Bobby v. Bies. The Supreme Court reversed the appeals court ruling for inmate Michael Bies and sent the case back for a hearing on whether retardation made his execution unconstitutional.
ABAJournal.com connects you to the Supreme Court opinion and the AP story
Guantanamo documents must be made public, judge rules
A federal judge ordered the United States this morning to publicly reveal unclassified versions of its allegations and evidence justifying the continued imprisonment of more than 100 detainees being held at Guantanamo Bay. U.S. District Judge Thomas Hogan sided with the detainees' attorneys and the media, saying the public has a right to access the records.
The Associated Press has more
Easter anad Plummer receive honors from bar association
The Williamson County Bar Association recently celebrated its charter's 20th anniversary, and gave several awards, including The Liberty Bell Award to Judge Timothy Easter and the Professionalism Award to Bob Plummer.
Read more about the awards from the Tennessean
Politics
Ramsey enters race
State Senate Speaker Ron Ramsey officially entered the race for governor at 12:01 a.m. today -- the moment an in-session fundraising ban for sitting lawmakers expired. "Obviously I can start raising money now, and that's the one thing I've been behind the eight-ball on," Ramsey, a Blountville auctioneer and real estate agent, told The Associated Press during the event.
The Tennessean has the story
Former Alabama chief justice runs for governor
Former Alabama Chief Justice Roy Moore has launched a Web site saying he's running for governor of his state. Moore was ousted from the court in 2003 for defying a federal order to remove a controversial 5,300-pound monument of the Ten Commandments from inside the state's judicial building.
WRCB has this news
Passages
Former speaker Murray dies
Former Tennessee House Speaker Ed Murray has died of cancer. He was 80. The Winchester Democrat served in the House from 1971 to 1990, the last two terms as speaker. He succeeded Ned McWherter following McWherter's election as governor. Visitation is scheduled for 4 p.m. Sunday at the Moore-Cortner Funeral Home in Winchester. Graveside services are scheduled for 10 a.m. on June 8 at the Mount Garner Cemetery in Winchester.
WSMV.com reports
TBA Member Services
CompuPay offers deals for TBA members
CompuPay is proud to serve as the official payroll services provider for the Tennessee Bar Association. To serve Tennessee attorneys the company is offering two months of free payroll processing for all TBA members and waiving set up fees for members with up to 99 employees.
Learn more about CompuPay's benefits

 
 
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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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