Former Justice O'Connor in Memphis today

Former U.S. Supreme Court Justice Sandra Day O'Connor delivered the keynote address today at the 31st annual conference of the National Association of Women Judges, held at The Peabody in Memphis. Tennessee Bar Association President Gail Vaughn Ashworth also spoke at the event, bringing greetings from the bar to the luncheon gathering. Among the many Tennesseans involved in planning the conference was Supreme Court Chief Justice Janice Holder, who was the event co-chair.

See photos from the event

TODAY'S OPINIONS
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01 - TN Supreme Court
02 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
05 - TN Court of Appeals
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STATE OF TENNESSEE V. CHARLOTTE YVONNE TURNER

Court: TSC

Attorneys:

Robert E. Cooper, Jr., Attorney General & Reporter; Michael E. Moore, Solicitor General; Rachel E. Willis, Asst. Attorney General; Thomas A. Thomas, District Attorney General; and James T. Cannon, Asst. District Attorney General; for the appellant, State of Tennessee.

James T. Powell, Union City, Tennessee, for the appellee, Charlotte Turner.

Judge: CLARK

We granted permission to appeal in this case to determine whether the police violated the constitutional rights of the defendant, a parolee, when they searched her residence without a warrant but pursuant to a condition of her parole. We adopt the reasoning of the Supreme Court in Samson v. California, 547 U.S. 843 (2006), and hold that parolees who are subject to a warrantless search condition may be searched without reasonable or individualized suspicion. The officers who searched the defendant's residence knew about her parole status, were aware of the warrantless search condition of her parole, and did not conduct the search in an unreasonable manner. Accordingly, the trial court erred in suppressing evidence found during the search of the defendant's residence. The judgment of the Court of Criminal Appeals is reversed, and this matter is remanded to the trial court for further proceedings consistent with this opinion.

http://www.tba2.org/tba_files/TSC/2009/turnerc_101509.pdf

LEE dissenting
http://www.tba2.org/tba_files/TSC/2009/turnerc_DISS_101509.pdf


BARRY R. MOORE v. HOWARD BAER, INC., et al.

Court: TWCA

Attorneys:

George E. Copple, Jr., Nashville, Tennessee, for the appellant, Barry R. Moore.

Dale A. Tipps, Nashville, Tennessee, for the appellee, Howard Baer, Inc.

Judge: HARRIS

In this workers' compensation case, the employee, Barry R. Moore, was a truck driver. He was employed by a small corporation owned by a senior vice president of a large trucking company, Howard Baer, Inc. The smaller company leased his services to the larger one. He suffered a significant on-the-job injury. Mr. Moore obtained a judgment for workers' compensation benefits against his employer, Ronald Baker, Inc. That corporation did not have workers' compensation insurance and immediately discharged the debt in bankruptcy. He sought to receive benefits from Howard Baer, Inc., that he had been leased to, arguing that his employer was the "alter ego" of the larger company. The trial court found that the larger company was not liable for benefits, based upon the provisions of Tennessee Code Annotated section 50-6-106(1)(A). We reluctantly affirm the judgment.

http://www.tba2.org/tba_files/TSC_WCP/2009/mooreb_101509.pdf


REGINALD G. PECK v. HOCHMAN FAMILY PARTNERS, L.P., ET AL.
CORRECTION


Court: TWCA

Attorneys:

Reginald G. Peck, Chattanooga, Tennessee, appellant pro se.

John T. Rice, Chattanooga, Tennessee, for the appellees, Hochman Family Partners, L. P. and Builders Mutual Insurance Company.

Judge: HARRIS

The employee, Reginald G. Peck, sought benefits for an alleged work-related injury to his lower back. The trial court found for the employer, Hochman Family Partners, L.P., and dismissed the complaint. Mr. Peck has appealed, contending that the trial court erred by entering judgment for the employer, and by denying his motion to alter or amend the judgment. We affirm the judgment.

http://www.tba2.org/tba_files/TSC_WCP/2009/peckr_CORR_101509.pdf


IRIS TERESA BOWLING CHAMBERS v. FAYE BOWLING DEVORE, ET AL.

Court: TCA

Attorneys:

Thomas M. Minor, Somerville, TN, for Appellant

Robert Stephen Butler, Sr., Somerville, TN, for Appellees Faye Bowling Devore, Tannis Ann Bowling Pleasants and Allan Bruce Bowling.

Lee S. Saunders, Somerville, TN; Steven R. Walker, Memphis, TN, for Appellee Helen McKnight

Judge: HIGHERS

This case involves the interpretation of the term "bodily heirs." Testator's will, probated in 1942, left certain lands to his daughter for her life, and then to her "bodily heirs." The life tenant's granddaughter concedes that she is not entitled to take through her deceased father, as his interest lapsed when he predeceased the life tenant. However, she contends that she is entitled to take directly as a "bodily heir" of the life tenant. We agree, and we reverse the trial court's grant of summary judgment to defendants, and we remand to the trial court for further proceedings consistent with this opinion.

http://www.tba2.org/tba_files/TCA/2009/chambersi_101509.pdf


SILVINO GONZALES, Individually And As Next Friend of RUBICEL

Court: TCA

Attorneys:

David G. Mills, Cordova, TN, for Appellant

Andrew H. Owens, Memphis, TN, for Appellee

Judge: HIGHERS

This appeal arises out of a minor automobile accident. The plaintiff filed suit individually and on behalf of his son, claiming that his son suffered whiplash in the accident. The defendant admitted fault for the accident but denied that she caused any damages to the plaintiff. The plaintiff presented testimony from a physician who opined that the son was injured in the car accident. Nevertheless, the jury returned a verdict for the defendant. The plaintiff appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2009/gonzaless_101509.pdf


IN RE CONSERVATORSHIP OF LILA M. TROUT

Court: TCA

Attorneys:

F. Auston Wortman, III, and Terry C. Cox, Collierville, Tennessee, for the appellant, Lila M. Trout.

Lynn W. Thompson, Memphis, Tennessee, for the appellees, Thomas R. Buckner and Dorothy Bobo, Conservator of the Estate of Lila Trout.

Judge: KIRBY

This appeal involves a conservatorship. When the respondent was eighty-three years old, her sister died and left the respondent over $200,000. The bulk of the inheritance was placed in an irrevocable trust for the respondent's benefit, and the deceased sister's former attorney was appointed as the trustee. Soon, the respondent began to spend her inheritance at a rapid rate, with much of the spending benefitting her daughter and her daughter's boyfriend. The respondent then purchased a $200,000 home to live in with her daughter and her daughter's boyfriend, with the expectation that the $1,800 monthly mortgage would be paid out of the trust. The attorney trustee sought to meet with the respondent and her daughter to establish a budget, but they refused to meet. The trustee then discovered that, in a short period of time, the respondent had amassed substantial credit card debt and had significantly depleted her certificates of deposit. The trustee filed the instant petition to establish a conservatorship over the person and the estate of the respondent. The trial court appointed a guardian ad litem and held a hearing on the petition, in which the respondent testified. During her testimony, the respondent requested an attorney to represent her. The trial court did not do so and continued with the hearing. After the hearing, the trial court established a conservatorship over the person and the property of the respondent. The respondent now appeals, arguing, inter alia, that the trial court erred in refusing to appoint an attorney ad litem upon her request, that the trial court erred in finding the evidence sufficient to establish a conservatorship over her person and property, and that, alternatively, the trial court erred in failing to restrict the conservatorship to her property. We affirm the trial court's decision in all respects.

http://www.tba2.org/tba_files/TCA/2009/troutl_101509.pdf


BRANDON WEBB v. AMY WEBB (HOLLENSWORTH)

Court: TCA

Attorneys:

Ray Akers, Nashville, Tennessee, for the appellant, Amy Webb (Hollensworth).

James L. Curtis, Nashville, Tennessee, for the appellee, Brandon Webb.

Judge: DINKINS

Mother appeals the trial court's order granting Father's petition to modify the parenting plan upon a finding that a material change in circumstances had occurred and that modification was in the best interest of the child. Finding no error, we affirm.

http://www.tba2.org/tba_files/TCA/2009/webbb_101509.pdf


WHEELER'S FAMILY HOMES, INC. v. LAWRENCE D. McCLENDON, TRUSTEE ET AL. FOR MOUNTAIN VALLEY BANK (FORMERLY SEQUATCHIE COUNTY BANK)

Court: TCA

Attorneys:

Christopher T. Varner and Joseph W. Dickson, Chattanooga, Tennessee, for the appellant, Wheeler's Family Homes, Inc.

Edwin Z. Kelly, Jr., Jasper, Tennessee, for the appellees, Lawrence D. McClendon, Trustee, and Stephen T. Greer, Trustee, for Mountain Valley Bank (formerly Sequatchie County Bank).

Judge: CLEMENT

Appeal from a finding of civil contempt against Wheeler's Family Homes, Inc. for its failure to abide by an Agreed Order, which required it to construct a roadway across its property to afford ingress and egress to the adjoining property. The only defense to the motion for contempt asserted by Wheeler's is that the movant, who was a party to the Agreed Order, allegedly lost standing to enforce the Agreed Order when he subsequently sold his interest in the adjoining property. We find the movant had standing when the hearing on the motion occurred as that party had already reacquired a portion of property that would be benefitted by Wheeler's compliance with the Agreed Order. Therefore, we affirm the trial court's finding that Wheeler's was in civil contempt for its failure to abide by the obligations of the Agreed Order.

http://www.tba2.org/tba_files/TCA/2009/wheelers_101509.pdf


STATE OF TENNESSEE v. EMMANUEL DERON JACKSON

Court: TCCA

Attorneys:

Richard Tennent, Nashville, Tennessee, for the Appellant, Emmanuel Deron Jackson.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Lacy Wilber, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; Jeff Burks, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

A Davidson County jury convicted the Defendant, Emmanuel Deron Jackson, of second degree murder, aggravated assault, and evading arrest and the trial court sentenced him to a twenty-year sentence in the Tennessee Department of Correction. On appeal the Defendant contends: (1) the trial court erred when it instructed the jury; and (2) the evidence is insufficient to sustain his conviction of second degree murder. After a thorough review of the record and the applicable law, we affirm the trial court's judgment.

http://www.tba2.org/tba_files/TCCA/2009/jacksone_101509.pdf


STATE OF TENNESSEE v. HAROLD JOHNSON, JR.

Court: TCCA

Attorneys:

John Milton Meadows, III, Livingston, Tennessee, for the appellant, Harold Johnson, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; William E. Gibson, District Attorney General; and John A. Moore, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, Harold Johnson, Jr., was convicted by an Overton County jury of two counts of first degree premeditated murder, two counts of first degree felony murder, two counts of especially aggravated robbery, and two counts of abuse of a corpse. The trial court merged the convictions for first degree premeditated murder and felony murder. For these convictions, the Defendant received an effective sentence of life imprisonment with the possibility of parole. In this direct appeal, the Defendant raises the following issues for our review: (1) whether the trial court properly denied his motion to suppress the evidence, determining that the stop of the vehicle in which the Defendant was a passenger was supported by probable cause; (2) whether the trial court abused its discretion by admitting a tape recording because the recording failed to comply with the "rule of completeness," and because it was unfairly prejudicial; and (3) whether the evidence was sufficient to support his convictions. Following a review judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/johnsonh_101509.pdf


Requirement for a Driver's License While Driving an Off-Highway Vehicle on the Highway

TN Attorney General Opinions

Date: 2009-10-15

Opinion Number: 09-164

http://www.tba2.org/tba_files/AG/2009/ag_09_164.pdf

TODAY'S NEWS

Legal News
Politics
Supreme Court Report
Correction
TBA Member Services

Legal News
Ramos is a 'good guy'
Nashville attorney Greg Ramos, with the Nashville firm of North, Pursell, Ramos and Jameson PLC, has been awarded a "Good Guy Award" by the Nashville Women's Political Caucus. The group selected Ramos for one of its four awards for his leadership in defeating the city's "English-only" proposition.
The Tennessean has more
Ginsburg taken to hospital after collapse, released
Supreme Court Justice Ruth Bader Ginsburg, who had cancer surgery earlier this year, was kept at a hospital overnight after she became drowsy and fell from her seat aboard an airplane. Court officials blamed a reaction to medicine. She was released this morning, court officials said. This is the second time Ginsburg, 76, has been hospitalized in the last month.
The Blog of Legal Times has more
Juvenile court lawyer finds inspiration in child advocacy
Thomas W. Coupe, a staff attorney at the Juvenile Court of Memphis and Shelby County, discusses what caused him to want to work in the area of child advocacy, and what obstacles he faces.
The Memphis Daily News reports
Student-run pro bono group flourishes in Memphis
Students at the University of Memphis Cecil C. Humphreys School of Law have formed an organization encouraging volunteer work -- even offering the chance to work on actual cases supervised by licensed attorneys. Christina A. Zawisza, associate professor of clinical law and director of the Child and Family Litigation Clinic at the law school, is the force behind the Public Action Law Society, a student-run pro bono group. "Public interest is in my roots, my spirit and my soul," Zawisza said.
Find out more from the Memphis Daily News
Senator criticizes judge picks with 'ACLU chromosome'
The Senate Judiciary Committee sent the nominations of four federal judges to the full Senate today, despite Republican objections about two of the nominees' ties to the American Civil Liberties Union. Sen. Jeff Sessions, R-Ala., who is the top Republican on the committee, criticized ACLU positions against the death penalty and for the separation of church and state. "I think we're seeing a common DNA run through the Obama nominees, and that's the ACLU chromosome," he said.
ABAJournal.com connects you to this story
Politics
Mayoral election rages in Memphis today
For the first time since 1987, Memphians going to the polls today will elect a mayor not named Willie Herenton. The winner of the 25-candidate contest will complete the final two years of the four-year term vacated when Herenton resigned the office on July 30, with an oath of office to occur after the Shelby County Election Commission certifies the results. That is expected happen no sooner than Oct. 22 and no later than Oct. 26. Polls have Shelby County Mayor A C Wharton as the heavy favorite to win.
WMC-TV's live election coverage starts at 8 p.m.
Supreme Court Report
Justice Roberts questions lawyers' bonus pay
In a case that questioned the good sense of a U.S. district judge's decision to award lawyers an extra $4.5 million on top of the $6 million they were due, there was a difference of opinion. Chief Justice John Roberts told lawyer Paul Clement they disagreed on who makes the good outcome of a case, the lawyers or the judge. Clement replied that capable lawyers can affect the outcome of a case. Roberts said good-naturedly: "Maybe we have a different perspective. You think the lawyers are responsible for a good result, and I think the judges are." Clement responded, "And maybe your perspective's changed, Your Honor." Roberts was a top Supreme Court advocate before he became an appellate judge, earning more than $1 million in his final year in private practice.
WATE.com carried this AP story
Correction
An item in Tuesday's TBA Today gave an incorrect location for a court hearing with attorneys for Children's Rights, a New York-based nonprofit that successfully sued the Department of Children's Services in 2001 over issues of care. That hearing, presided over by U.S. District Court Judge Todd Campbell, was held in Nashville.

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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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