Judicial candidates sign campaign code of conduct

Nearly three-fourths of all Tennessee judicial candidates standing for election this year have signed a campaign code aimed at preserving public faith in the integrity of the justice system. The Tennessee Bar Association also is making available judicial evaluation information about appellate court candidates and providing a guide to factors that voters should consider before casting a ballot in a retention election.

See the Tennessee Fair Judicial Campaign Code of Conduct and a list of candidates who have signed it

TODAY'S OPINIONS
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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.

ERIC H. MCPHERSON v. WILLIAM E. GEORGE, INC., AND JOHN H. ROEBUCK & ASSOCIATES, INC.

Court: TCA

Attorneys:

Keith V. Moore, Memphis, Tennessee, for the appellant, William E. George, Inc.

James M. Simpson and Jessica A. Benton, Memphis, Tennessee, for the appellee, Eric H. McPherson

W. Timothy Hayes, Jr., Memphis, Tennessee, for the appellee, John H. Roebuck & Associates, Inc.

Judge: KIRBY

This appeal involves the breach of a real estate contract. The plaintiff hired the defendant auctioneer to sell his home at auction. After the defendant corporate purchaser was the high bidder at the auction, it signed a sales contract and made a substantial down payment on the property. The down payment was retained by the auctioneer as his commission. Shortly after that, the auctioneer promised the purchaser that the purchaser's real estate agent would be paid a commission on the sale. Later, the defendant auctioneer refused to pay the purchaser's agent a commission and, consequently, the purchaser refused to close on the sale. The auctioneer retained the earnest money. The seller filed this lawsuit against the purchaser for failing to close on the sale, and against the auctioneer for breach of fiduciary duty. The purchaser filed a counterclaim against the seller and a cross-claim against the auctioneer for breach of contract. All of the parties filed cross motions for summary judgment. The trial court granted summary judgment in favor of the seller against the purchaser, but held in favor of the auctioneer against the seller. The trial court ordered the purchaser to pay damages to the seller for its breach of the sales agreement and permitted the auctioneer to retain the earnest money. The purchaser now appeals. We affirm, rejecting the purchaser's claim of fraudulent inducement, and concluding that the seller is entitled to damages pursuant to the plain language of the sales agreement.

http://www.tba2.org/tba_files/TCA/2010/mcphersone_042010.pdf


CHARLES PATTERSON v. TENNESSEE DEPARTMENT OF CORRECTION, ET AL.

Court: TCA

Attorneys:

Noel H. Riley, II, Dyersburg, Tennessee, for the appellant, Charles Patterson

Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General, Jennifer L. Brenner, Assistant Attorney General, Nashville, Tennessee, for the appellees, Tennessee Department of Correction, et al

Judge: HIGHERS

This appeal involves a petition for writ of certiorari filed by an inmate seeking review of his disciplinary conviction for assaulting a fellow inmate. TDOC did not oppose the issuance of the writ, and the certified record was filed with the trial court. Upon review of the record, the trial court denied the petition, and we affirm.

http://www.tba2.org/tba_files/TCA/2010/pattersonc_042010.pdf


BOBBY GERALD RILEY, and Wife, TANYA RILEY, Individually and as next of kin for HUNTER RILEY v. JAMES ORR

Court: TCA

Attorneys:

William Ritchie Pigue and Matthew C. Pietsch, Nashville, Tennessee, for the appellant, James Orr

Walter W. Bussart and Lee Bussart Bowles, Lewisburg, Tennessee, for the appellees, Bobby Gerald Riley, Tanya Riley, and Hunter Riley

Judge: KIRBY

This is an appeal of a jury verdict. The plaintiff was hunting with his son. The defendant was also hunting in the general area, and accidentally shot the plaintiff. The plaintiff filed a lawsuit against the defendant for negligence, and included a claim for negligent infliction of emotional distress on behalf of his son. The parties stipulated as to the defendant's liability, and a jury trial was held on the issue of damages. The jury instructions included instructions on the plaintiff father's mental pain and suffering and the son's emotional injury, but did not separately address the plaintiff father's emotional injury. After deliberating, the jury returned a verdict awarding damages to the plaintiff father as well as an award for the son's emotional injury. The trial court denied the defendant's motion for a new trial and approved the verdict. The defendant now appeals. On appeal, the defendant challenges the sufficiency of the evidence supporting the verdict on several elements of damages, and argues that the inconsistency in the jury instructions on emotional injury necessitates a new trial. We affirm in part, vacate in part, suggest remittitur as to the award for future medical expenses, and remand for further proceedings.

http://www.tba2.org/tba_files/TCA/2010/rileyb_042010.pdf


STUDSVIK LOGISTICS, LLC v. ROYAL FURNITURE COMPANY

Court: TCA

Attorneys:

Robert F. Uhlmann, Memphis, Tennessee, for the appellant, Royal Furniture Company

Robert L. J. Spence, Jr., Bryan M. Meredith, Memphis, Tennessee, for the appellee, Studsvik Logistics, LLC

Judge: HIGHERS

This appeal involves a judgment creditor's attempt to enforce a Mississippi default judgment in the general sessions court of Shelby County. The trial court concluded that the general sessions court lacked jurisdiction to enforce the judgment, and it set aside a conditional judgment entered by the general sessions court based on the Mississippi judgment. The judgment creditor appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2010/studsvik_042010.pdf


STATE OF TENNESSEE v. LARRY GENE LAY, aka BIG IKE

Court: TCCA

Attorneys:

Michael G. Hatmaker, Jacksboro, Tennessee, attorney for appellant, Larry Gene Lay, aka Big Ike.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; William Paul Phillips, District Attorney General; and Michael Ripley, Senior Assistant District Attorney General, attorneys for appellee, State of Tennessee.

Judge: THOMAS

The Defendant, Larry Gene Lay, aka Big Ike, appeals as of right from the Campbell County Criminal Court's revocation of his community corrections sentences and order of incarceration. He contends that the trial court's revocation is erroneous and based upon insufficient proof. Following our review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/layl_042010.pdf


TIMOTHY CLAYTON THOMPSON v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Timothy Clayton Thompson, Whiteville, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; Melissa Roberge, Assistant Attorney General; Randall E. Nichols, District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

Petitioner Timothy Clayton Thompson pled guilty to one count of especially aggravated kidnapping and one count of aggravated rape. This court affirmed his conviction and Petitioner did not request supreme court review. Five years later, Petitioner filed this petition for post-conviction relief, seeking a delayed direct appeal and collaterally attacking his conviction. The post-conviction court concluded the petition was filed outside the limitations period and dismissed it without a hearing. Upon review, we conclude Petitioner is entitled to an evidentiary hearing to determine whether due process concerns toll the statute of limitations. We therefore reverse the post-conviction court's judgment and remand for appointment of counsel and for an evidentiary hearing consistent with this opinion.

http://www.tba2.org/tba_files/TCCA/2010/thompsont_042010.pdf


Ordinance Imposing Fine Greater Than $50.00 on Large Motor Vehicles in Residential Areas

TN Attorney General Opinions

Date: 2010-04-19

Opinion Number: 10-53

http://www.tba2.org/tba_files/AG/2010/ag_10_53.pdf

Coverage of Abortion Services

TN Attorney General Opinions

Date: 2010-04-19

Opinion Number: 10-54

http://www.tba2.org/tba_files/AG/2010/ag_10_54.pdf

TODAY'S NEWS

Legal News
Legislative News
Disciplinary Actions
TBA Member Services

Legal News
Kernell trial starts, Palin family expected to testify
Testimony began today in the case against David C. Kernell for accessing Sarah Palin's personal email account. "The evidence will show the defendant hoped to derail the (Republican 2008 presidential) campaign," federal prosecutor Mark Krotoski said in an opening statement today. Defense attorney Wade Davies countered that Kernell was acting on a lark to see if news reports about the existence of the private account were true, and that it amounted to a "college prank." Bristol Palin, 19, is expected to testify along with her mother and father, Todd Palin, against the 22-year-old Kernell. Knoxville attorney John Lucas today filed the motion on behalf of Sarah Palin to quash a subpoena issued by defense attorney Wade Davies for copies of her private e-mails that arguably involve business affairs of Alaska.
Follow it in the News Sentinel
TV station to broadcast Dr. Hooks funeral live
WREG in Memphis will carry the funeral of Dr. Benjamin Hooks live tomorrow, beginning at 11 a.m. on the broadcast station and its web site.
Find out more and see other videos about Dr. Hooks
AG: 'One man, one vote' not violated by consolidation proposal
In an opinion released last week, the state attorney general wrote that he believes the courts would uphold the requirement that majorities of voters inside Memphis as well as in Shelby County outside of Memphis would have to approve consolidation of the city and county governments. Some consolidation proponents have argued that the dual majorities requirement -- written into the state constitutional provision for consolidating cities and counties -- could violate the "one man, one vote" principles of the federal and state constitutions by diluting the votes of Memphis residents, who far outnumber those outside the city. The opinion says that it does not.
The Commercial Appeal has more
Law school honors Robilio family for contribution
The University of Memphis Cecil C. Humphreys School of Law recently recognized Shelby County Circuit Court Judge Kay Spalding Robilio, her husband, Victor L. Robilio Jr., and other family members for their contributions to the university -- funds totaling nearly $50,000, with an additional $500 specifically earmarked for a third-year law student scholarship.
The Memphis Daily News reports
Legislative News
House cancels meetings for Hooks funeral
The Tennessee House has canceled all committee meetings and a floor session on Wednesday so lawmakers can attend civil rights leader Benjamin Hooks' funeral in Memphis. The 85-year-old former lawyer, judge and NAACP director died last week. House Minority Leader Gary Odom of Nashville announced the schedule change on Monday. The state Senate planned to pursue its Wednesday schedule as planned.
The Associated Press reported the news
Disciplinary Actions
Memphis attorney placed on disability inactive status
On April 1, the Supreme Court of Tennessee issued an order transferring the law license of Memphis attorney William T. Maxwell Jr. to disability inactive status for an indefinite period.
Download the BPR release
Linden attorney suspended
On April 12, the Supreme Court issued an order suspending the law license of Linden attorney Bobby A. McGee pursuant to Section 14 of Supreme Court Rule 9. His suspension is based upon two criminal matters where he was found guilty of two using interstate commerce to induce a minor to engage in sexual activity, and to knowingly possessing 185 child pornography computer image files.
Download the BPR release
Louisiana lawyer disbarred in Tennessee
On April 14, the Supreme Court of Tennessee disbarred Wade R. Baggette of Monroe, La., pursuant to Section 17 of Supreme Court Rule 9. The Board of Professional Responsibility filed a pPetition for reciprocal discipline after the Supreme Court of Louisiana disbarred Baggette on Oc. 20, 2009, for violating Rule 1.8(a), Conflict of Interest: Prohibited Transactions.
Download the BPR release
TBA Member Services
Get Connected: Sign up for TBA Connect today
Join several hundred of your colleagues who have already joined in to the TBA's Social Networking platform for members called TBA Connect. This service provides many of the same features of mainstream sites such as Linked In or Facebook, but access is limited to members of the Tennessee Bar Association and approved guests.
Join TBA Connect now

 
 
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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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