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

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01 - TN Supreme Court
02 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
05 - TN Court of Appeals
02 - TN Court of Criminal Appeals
01 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

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Court: TSC


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.

LEE dissenting


Court: TWCA


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

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


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.


Court: TWCA


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.


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.


Court: TCA


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


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.

SILVINO GONZALES, Individually And As Next Friend of RUBICEL

Court: TCA


David G. Mills, Cordova, TN, for Appellant

Andrew H. Owens, Memphis, TN, for Appellee


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.


Court: TCA


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.


Court: TCA


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

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


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.


Court: TCA


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).


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.


Court: TCCA


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.


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.


Court: TCCA


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.


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.

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


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