Memphis bar elects officers, honors members

Memphis Bar Association President Art Quinn transferred the gavel to incoming President Ricky E. Wilkins at the MBA's annual meeting last week. John Cannon and Gary K. Smith automatically succeeded to the positions of vice president and treasurer, respectively. Linda Warren Seely was announced as the 2010 secretary. New board members include: Sherry Brooks, Frank Cantrell, Elizabeth Collins, Craig Conley, Porter Field, Michael Fletcher, Odell Horton Jr., Lisa Kelly, Steve Ragland, Van Turner and Kyle Wiggins (YLD president). Section Representatives to the MBA in 2010 will be Steve Shields, Jennifer Sisson and Laurel Williams.

The Judge Jerome Turner Lawyer's Lawyer Award was presented to Blanchard E. Tual of Tual Graves PLLC; the Sam A. Myar Jr. Memorial Award was presented jointly to Amy Webb Martin of The Landers Firm and Bobby F. Martin Jr. of The Cochran Firm; and Chief Justice Janice M. Holder accepted the W.J. Michael Cody Pro Bono Attorney of the Year Award from Memphis Area Legal Services Inc., on behalf of the Tennessee Supreme Court.
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.

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

JULIE A. BELLAMY v. CRACKER BARREL OLD COUNTRY STORE, INC. ET AL.

Court: TSC

Attorneys:

Robert W. Horton and Leslie Goff Sanders, Nashville, Tennessee, for the appellants, Cracker Barrel Old Country Store, Inc. and Paul Ludovissie.

Douglas B. Janney III, Nashville, Tennessee, for the appellee, Julie A. Bellamy.

Judge: LEE

The Applicants, Cracker Barrel Old Country Store, Inc., and Paul Ludovissie ("Cracker Barrel" and "Mr. Ludovissie"), have filed an application for permission to appeal pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure. Upon consideration of the application and the record before us, we hereby grant the application, summarily vacate the Court of Appeals' judgment, and remand the case to the Court of Appeals. Further, the Court of Appeals shall direct the trial court to resolve the conflicts in the parties' statements of the proceedings and certify and transmit a supplemental record to the Court of Appeals. See Tenn. R. App. P. 24(c), (e).1

http://www.tba2.org/tba_files/TSC/2009/bellamyj_120709.pdf

HOLDER dissenting
http://www.tba2.org/tba_files/TSC/2009/bellamyj_DISS_120709.pdf


SUPREME COURT DISCRETIONARY APPEALS

Court: TSC

http://www.tba2.org/tba_files/TSC/2009/certlist_120709.pdf


CHARLES D. MILLS v. CSX TRANSPORTATION, INC.

Court: TSC

Attorneys:

Emily H. Thompson and John William Baker, Jr., Knoxville, Tennessee, for the appellant, CSX Transportation, Inc.

Carol Morris Ballard and Michael Alan Anderson, Chattanooga, Tennessee, for the appellee, Charles D. Mills.

Judge: HOLDER

The plaintiff railroad worker filed an action under the Federal Employers Liability Act alleging that the defendant railroad company violated its duty to provide a reasonably safe workplace during an off-site meeting by failing to anticipate that a stairway defect or debris on the stairway constituted a tripping hazard. The railroad company filed a motion for summary judgment arguing that the plaintiff was not within the scope of his employment when he fell, that he cannot prove that the railroad breached its duty under the Federal Employers Liability Act to provide a reasonably safe workplace, and that he cannot prove causation. The trial court granted the railroad company's motion for summary judgment. The Court of Appeals reversed, holding that the trial court erred in its application of Tennessee's summary judgment standard. We affirm the intermediate appellate court's judgment and hold that the railroad company's summary judgment motion fails to shift the burden of production to the plaintiff and, alternatively, that the plaintiff states a genuine issue of material fact. We remand the case to the trial court for further proceedings consistent with this opinion.

http://www.tba2.org/tba_files/TSC/2009/millsc_120709.pdf


LAURA W. AUDIFFRED (BRIDGEWATER) v. JEFFREY S. WERTZ

Court: TCA

Attorneys:

Jon S. Jablonski, Nashville, TN, for Appellant

Virginia L. Story, Franklin, TN, for Appellee

Judge: HIGHERS

Upon the parties' divorce, Husband was ordered to pay transitional alimony. Based on Wife's remarriage, and thus, cohabitation, Husband filed a petition to terminate his alimony obligation. The trial court found that Wife had rebutted the statutory presumption that either she was supporting the third person or that the third person was supporting her, such that she no longer needed the alimony awarded. We affirm the trial court's denial of Husband's petition to terminate alimony, as well as its denial of Wife's request for attorney fees at trial. However, we award Wife her attorney fees incurred on appeal.

http://www.tba2.org/tba_files/TCA/2009/audiffredl_120709.pdf


IN THE CASE OF CONSERVATORSHIP OF HELEN E. JEWELL a/k/a LISA JEWELL, A Person Under Disability

Court: TCA

Attorneys:

M. Matthew Milligan, Franklin, TN, for Appellant

Thomas F. Bloom, Nashville, TN; Mary Catherine Kelly, Franklin, TN, for Appellees

Judge: HIGHERS

This appeal involves a petition filed by a mother and father seeking to be named co-conservators for their adult daughter. The daughter is highly intelligent and educated, but according to the testimony of five physicians, she suffers from mental illness. The trial court appointed the mother and father co-conservators of the daughter's property and person. The daughter appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2009/jewellh_120709.pdf


JASON MORRIS v. CITY OF MEMPHIS CIVIL SERVICE COMMISSION

Court: TCA

Attorneys:

Deborah S. Godwin, Memphis, Tennessee, for the Appellant, Jason Morris.

Gerald L. Thornton, Memphis, Tennessee, for the Appellee, City of Memphis Civil Service Commission.

Judge: STAFFORD

This is an appeal from the decision of the Civil Service Commission of the City of Memphis, upholding the decision to terminate Appellant, Jason Morris' employment with the Memphis Police Department. We find that the Civil Service Commission failed to make the required findings of fact and conclusions therefrom. Accordingly, it is impossible for this Court to review the case based on the record before it. Therefore, we vacate the order of the Chancery Court and remand for further proceedings in accordance with this opinion.

http://www.tba2.org/tba_files/TCA/2009/morrisj_120709.pdf


STATE OF TENNESSEE v. COREY DANIELLE WELLMAN

Court: TCCA

Attorneys:

Michael A. Colavecchio, Nashville, Tennessee, for the appellant, Corey Danielle Wellman.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Hugh Ammerman, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

A Davidson County Criminal Court jury convicted the defendant, Corey Danielle Wellman, of one count of possessing with intent to sell .5 grams or more of cocaine, one count of possession of drug paraphernalia, one count of attempted felony possession of a weapon, and one count of introducing contraband into a penal facility. The defendant appeals his convictions, maintaining that the trial court erred in denying his motion to suppress evidence that he argues resulted from an illegal search. The defendant also challenges the sufficiency of evidence for all his convictions except for his introducing contraband into a penal facility conviction. We hold that the defendant has waived his suppression issue. We affirm the judgments of the trial court regarding his drug and drug paraphernalia convictions, and we reverse his attempted felony possession of a weapon conviction, and dismiss that charge.

http://www.tba2.org/tba_files/TCCA/2009/wellmanc_120709.pdf


TODAY'S NEWS

Your Practice
Legal News
Supreme Court Report
Passages
TBA Member Services

Your Practice
It's not all bad news: BPR looking to hire
The Board of Professional Responsibility of the Supreme Court of Tennessee is seeking an attorney for the position of disciplinary counsel in the Litigation Section. The position is available immediately.
Click here for details on how to apply
Legal News
7 vie to fill McCrary's seat on Bartlett city court
Seven lawyers have asked to be considered for the Division 2 post left vacant on the Bartlett (Tenn.) Municipal Court bench by the death of Judge George McCrary Oct. 29. They are: Joseph Barton, Chris Brown, Larry Copeland Jr., David Lakin, Henry Miller, Phillip Walker and David W. Willis. The Bartlett Board of Mayor and Aldermen is expected to discuss the vacancy and the process for filling the post at its meeting Tuesday night. The city ordinance calls for the naming an interim judge to serve until the next municipal election, which will be next November.
The Commercial Appeal has the story
New federal courthouse still on drawing board
Even though early projections had Nashville's new federal courthouse scheduled to be built, complete and open for business in June 2008, the space at the city's Seventh and Church streets is still a parking lot.
The City Paper asks why, and follows the ups and downs of the project
Bristol's Tyler Park named for Tennessee judge
This historic upper East Tennessee park is named for Judge Alonzo Jason Tyler, who was admitted to the Tennessee bar in 1883.
Learn more history about Judge Tyler from TriCities.com
More people ask criminal records to be erased
When people search for jobs, they are likely to want their past criminal records erased, which may explain the explosion of requests to do just that. Through November, nearly 26,700 people had criminal records wiped away by the Tennessee Bureau of Investigation, according to state records. This year's number is already well above annual expunction rates from 2003 to 2007, when state workers typically processed between 20,000 and 23,900 requests each year.
The Tennessean looks into it
Maryville yuletide celebration will follow law, not use Bible
Although it has been doing it for 25 years, the City of Maryville has now realized that the reading of the Christmas story from the Bible on city-owned property at its annual yuletide celebration "is not allowed." Melanie Davis, attorney for the city, said the city is simply complying with the law. The removal is, she said, "based on Supreme Court decisions, a lot of them over the years" dealing with the church-state separation issue.
The News Sentinel reports
Supreme Court Report
Should Supreme Court ruling apply to Gitmo suicides?
A 2008 Supreme Court ruling giving Guantanamo Bay prisoners the right to challenge their indefinite detention does not apply in the case of two detainees who committed suicide, the Obama administration says in newly filed court papers. The ruling revolves around a lawsuit brought by the families of two Saudi detainees who, according to the U.S. government, hanged themselves at the island prison on the same day in June 2006 after more than four years in captivity. The government says the two men whose deaths were ruled suicide, were properly detained as enemy combatants and therefore their families' lawsuit is barred from the court system.
WATE.com carried this AP story
Is Miranda, as written, clear enough?
The U.S.Supreme Court is considering just how explicit the Miranda warning rights have to be, in light of a case where the Florida Supreme Court overturned a conviction on grounds the Tampa police didn't adequately convey to Kevin Dwayne Powell that he was allowed to have a lawyer with him during questioning. Although Justice Scalia called Powell's lawyer's argument "angels dancing on the head of a pin," the court will rule on it sometime next year.
WSMV-TV carried this AP story
Anti-fraud 'Enron' law under scrutiny
The Supreme Court cast doubt today on the validity of part of the anti-fraud law enacted in response to Enron and other corporate scandals early this decade, the Associated Press reports.
WREG carried this AP story
Passages
Former Rep. Joyce Hassell dies
Former state Rep. Joyce Hassell, a Republican who represented parts of East Memphis in the Tennessee House of Representatives from 1982 to 2000, died this morning at her Memphis home following a long illness. She was 77.
The Commercial Appeal has more
TBA Member Services
New resources available for TBA members
The TBA Law Office Technology & Management Section has purchased a collection of resource materials to be added to the TBA Lending Library for use by all members. Those materials include:

-- Letters for Litigators: Essential Communications for Opposing Counsel, Witnesses, Clients and Others
-- Letters for Lawyers: Essential Communications for Clients, Prospects and Others, Second Edition
-- Risk Management: Survival Tools for Law Firms, Second Edition
-- The 2009 Solo & Small Firm Legal Technology Guide: Critical Decisions Made Simple
-- The Lawyer's Guide to Adobe Acrobat, Third Edition (Covers Adobe Acrobat 8.0)
-- The Lawyer's Guide to Collaboration Tools & Technologies: Smart Ways to Work Together + CD-ROM Supplement
-- The Lawyer's Guide to Governing Your Firm
-- The Lawyer's Guide to Marketing on the Internet, Third Edition
-- The Lawyer's Guide to Microsoft Excel 2007
-- The Lawyer's Guide to Microsoft Outlook 2007
-- The Lawyer's Guide to Practice Management Systems Software, Second Edition

Books may be borrowed for up to two weeks. To request a book, please email Sharon Ballinger or call her at (615) 383-7421.


 
 
Discontinue your TBA Today subscription? ... Surely not!
But if you must, visit the TBALink web site at:
http://www.tba2.org/tbatoday/unsub_tbatoday.php

Questions, comments: Email us at TBAToday@tnbar.org

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