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| Monday, July 27, 2009 |
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Loans now available for treatment, named for Judge Cain
Tennessee attorneys, judges and law students who lack resources to directly pay for treatment services may now receive loan assistance through a new program, the William B. Cain Foundation.
The revolving loan program was created through a grant from the Tennessee Commission on Continuing Legal Education and Specialization, according to Laura Gatrell, Executive Director of the Tennessee Lawyers Assistance Program (TLAP). Both TLAP and the commission are funded by Tennessee licensed attorneys.
The foundation was named in memory of Judge Cain, who served on the Tennessee Court of Appeals from 1998 until his death in 2007.
Find out more about the William B. Cain Foundation
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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.
02 - TN Supreme Court
01 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
01 - 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
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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.
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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List
Court: TSC
http://www.tba2.org/tba_files/TSC/2009/certlist_072709.pdf
HIGHWOODS PROPERTIES, INC. ET AL. v. CITY OF MEMPHIS
Court: TSC
Attorneys:
John S. Golwen, Colleen Denise Hitch, and Amy Charlyne Worrell, Memphis, Tennessee, for the appellant, Highwoods Properties, Inc., Highwoods Realty LP, Highwoods/Tennessee Holdings, LP, and AP Southeast Portfolio Partners, LP.
Jonathon C. Hancock, Ross Emerson Webster, Don Lester Hearn, Jr., Memphis, Tennessee, for the appellee, City of Memphis.
Judge: WADE
The Plaintiffs filed an action for declaratory judgment seeking to set aside a consent judgment entered in a lawsuit between property owners in an area of a proposed annexation and the City of Memphis. The earlier lawsuit, which the Plaintiffs failed to timely join, was a quo warranto
challenge to an ordinance purporting to annex certain territory contiguous to the boundaries of the City. The consent judgment provided for the annexation of the territory described within the ordinance in two stages, with a portion of the area having an effective annexation date in 2006 and the remainder having an effective date in 2013. The trial court dismissed the complaint and the Court of Appeals affirmed. We granted permission to appeal in order to determine the propriety of the challenge to the consent decree approving of the two-step annexation. We hold that (1) the Plaintiffs are not authorized to file a declaratory judgment action challenging the consent judgment as violative of the terms of the annexation ordinance; and (2) the consent judgment did not create an unconstitutional taxing structure. The judgment of dismissal is, therefore, affirmed.
http://www.tba2.org/tba_files/TSC/2009/highwoods_072709.pdf
KOCH dissenting
http://www.tba2.org/tba_files/TSC/2009/highwoods_DIS_072709.pdf
CHARLES CRUSE v. ROLLINS TRUCK LEASING ET AL.
Court: TWCA
Attorneys:
M. Scott Willhite, Jonesboro, Arkansas, for the appellant, Charles Cruse.
R. Scott McCullough, Memphis, Tennessee, for the appellees, Rollins Truck Leasing and CNA Insurance Company.
Judge: COLE
Employee had a heart attack in 1996. He and Employer entered into a court-approved settlement of the claim, requiring Employer to provide future medical treatment for the injury. In 2000, Employee experienced additional coronary problems, which required bypass surgery. The trial court denied his petition to require Employer to pay for that medical care. We affirm the judgment.
http://www.tba2.org/tba_files/TSC_WCP/2009/crusec_072709.pdf
BLUEGREEN VACATIONS UNLIMITED, INC. v. THE GOVERNOR'S CROSSING DESIGN AND REVIEW TEAM, ET AL.
Court: TCA
Attorneys:
Robert L. DeLaney and Ben H. Cantrell, Nashville, Tennessee, for the Appellant, Bluegreen Vacations Unlimited, Inc.
Doris C. Allen, Knoxville, Tennessee, for the Appellee, Fairfield Resorts, Inc.
Judge: SWINEY
This appeal involves the validity of a restrictive covenant at Governor's Crossing development in Sevier County, Tennessee. In August of 1998, a Declaration of Covenants, Easements, Restrictions and General Standards of Development (the "Declaration") pertaining to the various
tracts of land at Governor's Crossing development in Sevier County was filed with the office of the Register of Deeds. At the same time, a Restrictive Covenant and Agreement (the "Restrictions") also was filed with the Register of Deeds. After Bluegreen purchased a tract of land at Governor's Crossing following foreclosure, Bluegreen filed this lawsuit seeking a declaratory judgment that it was not prohibited by the Declaration or the Restrictions from building, marketing, or selling timeshare units on this land. Following a trial, the Trial Court determined that the Declaration was not ambiguous and that this document gave defendant
Fairfield Resorts Inc., the exclusive right to develop and market timeshares at Governor's Crossing until December 31, 2050. Bluegreen appeals, and we affirm.
http://www.tba2.org/tba_files/TCA/2009/bluegreen_072709.pdf
ROBERT EDWARDS, ET AL. v. CITY OF MEMPHIS
Court: TCA
Attorneys:
Robert A. Wampler, Memphis, TN, for Appellants
Elbert Jefferson, Jr., City Attorney, Gerald L. Thornton, Senior Assistant City Attorney, Memphis, TN, for Appellee
Judge: HIGHERS
The Charter of the City of Memphis provided for automatic promotion of police officers to the rank of captain after thirty years of service. In 2005, the rank of thirty-year captain was abolished, except for pension purposes. Plaintiffs, police officers with the City of Memphis, filed suit stating that they had been denied promotions to which they were entitled under the Charter, and asking the court to
require that such promotions be given. The trial court dismissed Plaintiffs' claim, finding that the suit was barred under the doctrine of res judicata. Plaintiffs appeal. We reverse.
http://www.tba2.org/tba_files/TCA/2009/edwardsr_072709.pdf
STATE OF TENNESSEE v. WILLIE DOUGLAS JOHNSON
Court: TCCA
Attorneys:
Eric Lutton, Knoxville, Tennessee (on appeal), and Mary Ward, Knoxville, Tennessee (at trial), for the appellant, Willie Douglas Johnson.
Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Leslie Nassios, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WITT
A Knox County Criminal Court jury convicted the defendant, Willie Douglas Johnson, of attempted second degree murder, two counts of aggravated assault, and three counts of unlawful possession of a weapon. After merging the aggravated assault convictions into the conviction of attempted second degree murder and the weapon possession charges into a single conviction, the trial court
imposed consecutive sentences of 25 years for attempted second degree murder and six years for unlawful possession of a weapon. In this appeal, the defendant asserts that the trial court erred by ruling that the State would be permitted to impeach his testimony through the use of prior felony convictions and that the trial court erred by enhancing his sentence on the basis that he showed no
hesitation in committing the crimes when the risk to human life was high. Discerning no error, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2009/johnsonw_072709.pdf
Firearms in Public Parks That Have Athletic Fields That are Also Used by Schools
TN Attorney General Opinions
Date: 2009-07-27
Opinion Number: 09-129
http://www.tba2.org/tba_files/AG/2009/ag_09-129.pdf
Limitation of Wholesale Licenses by Ordinance
TN Attorney General Opinions
Date: 2009-07-27
Opinion Number: 09-130
http://www.tba2.org/tba_files/AG/2009/ag_09_130.pdf
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| TODAY'S NEWS |
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Legal News
Politics
Supreme Court Report
Disciplinary Actions
TBA Member Services
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| Legal News |
| Crime-solving easier with DNA databanks |
| A state law requiring felons to give DNA samples after conviction has helped police solve numerous crimes since going into effect 11 years ago.
DNA databanks are allowing agencies to solve the unsolvable, when there's no other connection between victim and attacker -- no fingerprints, no witnesses, no information at all. |
Find out more about the technology from the Leaf Chronicle
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| Women lawyers in Gaza ordered to cover up |
| Gaza's top judge said Sunday that he has ordered female lawyers to wear headscarves when they appear in court, the latest sign that the Islamic militant group is increasingly imposing its strict interpretation of Islamic law on residents of the coastal strip.
Hamas-appointed Supreme Court chief justice Abdul-Raouf Halabi said his order was designed to ensure that women dress in accordance with Islamic law.
"Showing a woman's hair is forbidden (in Islam)," he told The Associated Press. "We will not allow people to corrupt morals. This (dress code) will improve work in the courts." |
WRCB-TV carried this AP story
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| Anderson headed to jail for lying to judge |
| Former Knoxville lawyer Nathanael Anderson was sentenced today to spend several months in jail for lying to a judge while under oath last year, according to Fourth Judicial District Attorney General Jimmy Dunn. Anderson had pleaded guilty to misdemeanor perjury for lying about his suspended law license to General Sessions Court Judge Jeff Rader in 2008, Dunn said.
Circuit Court Judge Richard Vance today ordered Anderson to spend 75 percent of an 11 month, 29-day sentence behind bars, which was "the maximum sentence allowable by law," Dunn said. The News Sentinel reported the story. |
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| Politics |
| Carpenter not talking about Herenton, Greyhound deal |
| Memphis attorney Charles Carpenter, a trusted friend and ally of retiring Memphis Mayor Willie Herenton, finds himself the subject of questions about an appearance he made before a federal grand jury this spring.
Some believe Carpenter could clear up the issues that surround Herenton's grand jury probe.
But Carpenter, who hopes to succeed Herenton as mayor, has repeatedly declined to discuss his appearance, or his role in efforts to redevelop the Greyhound bus station in downtown Memphis. The federal probe focuses on Herenton's mixing of public and private business in connection with that redevelopment plan.
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The Commercial Appeal reports
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| Shelby GOP chair says Sen. Stanley should quit |
| The chairman of the Shelby County Republican Party today called on state Sen. Paul Stanley of Germantown to resign from his Senate seat. The action by county party chairman Lang Wiseman this afternoon makes him the first GOP official to call for Stanley to step down from the Senate in the wake of last week's revelation that the 47-year-old married legislator was involved in a "sexual relationship" with a 22-year-old legislative intern and became the target of an extortion attempt as a result of it, according to the TBI. |
Read it in the Commercial Appeal
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| Ramsey may consider policy for intern relationships |
| Senate Speaker Ron Ramsey says he'd never seen the need to develop rules regarding interactions between members and their interns, but may now in light of the relationship between Sen. Paul Stanley and an intern. "It should be common sense, it should be human nature, but if that policy needs to be in writing I'm all in favor of having a policy in writing, it's just a shame, in my opinion, that that should come to that." |
WPLN.org reports
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| Supreme Court Report |
| Sessions says he'll vote against Sotomayor |
| Sen. Jeff Sessions, R-Ala., ended months of public indecision when he announced today that he would vote against confirmation for Supreme Court nominee Sonia Sotomayor. The announcement means the vote on whether to confirm Sotomayor will likely stick close to the partisan divide, continuing the trend of polarization on judicial nominations.
The Judiciary Committee is scheduled to consider Sotomayor's nomination Tuesday, and only one Republican member -- Sen. Lindsey Graham of South Carolina -- out of the seven on the committee has said he plans to support her. |
Learn more from The Blog of Legal Times
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| Disciplinary Actions |
| Williamson County lawyer censured |
| Williamson County lawyer Fred A. Steltemeier received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court on July 24. He cashed a client's check but failed to place the funds in a trust account for the benefit of the client. |
Read the BPR news release
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| 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.
© Copyright 2009 Tennessee Bar Association
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