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| Tuesday, April 20, 2010 |
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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
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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.
00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
04 - TN Court of Appeals
02 - 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
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.
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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
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| TODAY'S NEWS |
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Legal News
Legislative News
Disciplinary Actions
TBA Member Services
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| 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
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| 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
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| 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
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| 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.
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The Memphis Daily News reports
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| 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.
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The Associated Press reported the news
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| 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
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| 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
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| 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
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| 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.
© Copyright 2010 Tennessee Bar Association
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