Just Play It! New educational game CLEs from TennBarU

The Tennessee Bar Association has added a new continuing legal education course to its recently launched catalog of Educational Games CLE programs. The one-hour session on Constitutional law from UT College of Law Professor Jennifer Hendricks, joins other programs on Discovery: "Preservation and Production" from UT Law Associate Professor Paula Schaefer and "Ethical Dilemmas for All Lawyers" from Memphis attorney Brian Faughnan. All are presented in a fun and engaging "Jeopardy" style of game.

Learn more about new Educational Games CLEs

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.

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JOHN STEVEN DAVIDSON, JR. v. MARY MOLTENI DAVIDSON

Court: TCA

Attorneys:

Timothy T. Ishii, Nashville, Tennessee, for the appellant, Mary Molteni Davidson.

James G. King, Nashville, Tennessee, for the appellee, John Steven Davidson.

Judge: DINKINS

Wife appeals the trial court's designation of Husband as primary residential parent of the parties' two children and reduction of Wife's parenting time with one of the children. We vacate the trial court orders at issue and remand the case for further proceedings.

http://www.tba2.org/tba_files/TCA/2010/davidsonj_111610.pdf


OSCAR PAUL GUESS, III v. CITY OF MANCHESTER, A TENNESSEE MUNICIPALITY, ET AL.

Court: TCA

Attorneys:

Gerald Leighton Ewell, Jr., Tullahoma, Tennessee, for the appellants, City of Manchester, Tennessee, and the Board of Mayor and Alderman.

Christina Henley Duncan and John Stanley Rogers, Manchester, Tennessee, for the appellee, Oscar Paul Guess III.

Judge: BENNETT

Discharged city employee filed a petition for writ of certiorari challenging his termination by the city. The trial court remanded the case to the board of mayor and aldermen based upon the court's determination that there was evidence of bias on the part of one alderman and that the record did not allow the court to determine the grounds relied upon by the board in terminating the employee. We have determined that the trial court erred in remanding this case. The city employee waived the issue of possible bias on the part of one alderman by failing to raise it at any time during the hearing before the board. Moreover, the board was not required to make specific findings on the reasons for its decision.

http://www.tba2.org/tba_files/TCA/2010/guesso_111610.pdf


DAVID G. MILLS, ET AL. v. FIRST HORIZON HOME LOAN CORPORATION d/b/a FIRST TENNESSEE HOME LOANS, ET AL.

Court: TCA

Attorneys:

David G. Mills, Cordova, Tennessee, Pro se and for the appellant, Julia Mills and Carol A. Molloy, Cordova, Tennessee for the appellants.

Kristine L. Roberts and Robert F. Tom, Memphis, Tennessee, for the appellees, First Horizon Home Loan Corporation and Mortgage Electronic Registration Systems, Inc.

Judge: FARMER

The trial court dismissed Plaintiffs' action to quiet title for lack of justiciability. We affirm.

http://www.tba2.org/tba_files/TCA/2010/millsd_111610.pdf


RENT-N-ROLL v. HIGHWAY 64 CAR AND TRUCK SALES

Court: TCA

Attorneys:

Kate E. Rhodes, Paris, Tennessee, for the appellant, Rent-N-Roll.

R. Bradley Sigler, Jackson, Tennessee, for the appellee, Highway 64 Car and Truck Sales.

Judge: STAFFORD

Appellee sold a vehicle to a third party, retaining a security interest duly perfected on the vehicle's certificate of title. Appellant later leased custom wheels and tires to the third party without the knowledge or consent of Appellee. After the lease was signed, Appellant modified the body of the vehicle to accommodate the custom wheels and tires, installed the custom wheels and tires on the vehicle, and gave the third party the old wheels and tires. The third party defaulted on both the security agreement with Appellee and the lease with Appellant. Appellee repossessed the vehicle and refused to relinquish the custom wheels and tires to Appellant. The third party could not be located for service of process or recovery of the old wheels and tires. Appellant sued for recovery of the custom wheels and tires. The trial court found that, pursuant to Tenn. Code Ann. section 47-2A-310, the wheels and tires became accessions at the point of installation, Appellant's leasehold interest in the accessions was superior to Appellee's security interest in the vehicle as a whole, and Appellant was liable for physical injury it caused to the vehicle when installing the accessions. Discerning no error, we affirm.

http://www.tba2.org/tba_files/TCA/2010/rentnroll_111610.pdf


VALENTI MID-SOUTH MANAGEMENT, LLC v. REAGAN FARR, COMMISSIONER OF REVENUE, STATE OF TENNESSEE

Court: TCA

Attorneys:

Candi Henry, Donald Capparella, Nashville, Tennessee, for the appellant, Valenti Mid-South Management, LLC

Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General, Brad H. Buchanan, Assistant Attorney General, Nashville, Tennessee, for the appellee, Commissioner of Revenue

Judge: HIGHERS

Plaintiff filed suit in chancery court to challenge an assessment of Plaintiff's franchise tax liability by the Department of Revenue. The chancery court upheld the assessment. We affirm.

http://www.tba2.org/tba_files/TCA/2010/valentimidsouth_111610.pdf


CHARLES BATES v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Tiffani S. Taylor, Memphis, Tennessee, for the appellant, Charles Bates.

Robert E. Cooper, Jr., Attorney General and Reporter; Lindsy Paduch Stempel, Assistant Attorney General; William L. Gibbons, District Attorney General; and Betsy Carnesale, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The petitioner, Charles Bates, appeals the denial of his petition for post-conviction relief. He pled guilty to criminal attempt to commit aggravated sexual battery, a Class C felony, in exchange for a sentence of six years in the Shelby County Correction Center as a Range I, standard offender. On appeal, he argues that counsel was ineffective and that his guilty plea was not entered knowingly, voluntarily, and intelligently. After careful review, we affirm the denial of relief.

http://www.tba2.org/tba_files/TCCA/2010/batesc_111610.pdf


STATE OF TENNESSEE v. JEFFREY BOOTH

Court: TCCA

Attorneys:

Robert W. Jones, District Public Defender; Kindle E. Nance, Assistant Public Defender (at trial), Memphis, Tennessee; Lance R. Chism (on appeal), Memphis, Tennessee, for the Defendant-Appellant, Jeffery Booth.

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; William L. Gibbons, District Attorney General; and Christopher J. Lareau, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: MCMULLEN

The Defendant-Appellant, Jeffrey Booth, was convicted by a Shelby County Criminal Court jury of two counts of especially aggravated kidnapping, a Class A felonies; one count of aggravated robbery, a Class B felony; and one count of aggravated assault, a Class C felony. Booth received concurrent sentences of twenty years for each of the two especially aggravated kidnapping convictions, eight years for the aggravated robbery conviction, and three years for the aggravated assault conviction, for an effective sentence of twenty years in confinement. On appeal, Booth argues that (1) the evidence was insufficient to support his convictions; (2) the prosecutor made improper comments during closing argument; (3) his separate convictions for especially aggravated kidnapping, aggravated robbery, and aggravated assault violate due process pursuant to State v. Anthony, 817 S.W.2d 299 (Tenn.1991) and State v. Dixon, 957 S.W.2d 532 (Tenn. 1997); (4) the trial court erred in failing to instruct the jury on voluntary intoxication; (5) the trial court erred in failing to merge the two convictions for especially aggravated kidnapping. Upon review, we merge the dual especially aggravated kidnapping convictions into a single conviction and remand the case to the trial court for entry of corrected judgments to reflect the merger of these convictions. We affirm the judgments of the trial court in all other respects.

http://www.tba2.org/tba_files/TCCA/2010/boothj_111610.pdf


STATE OF TENNESSEE v. GEORGE JOHN BYRD

Court: TCCA

Attorneys:

Michael Graves (at trial), J. Liddell Kirk (on appeal), Knoxville, Tennessee, for the Defendant-Appellant, George John Byrd.

Robert E. Cooper, Jr., Attorney General and Reporter; Matthew Bryant Haskell, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Leslie Nassios, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: MCMULLEN

The Defendant-Appellant, George John Byrd, was convicted by a Knox County jury of three counts of aggravated rape, a Class A felony, and one count of aggravated assault, a Class C felony. He was sentenced to twenty-five years for each aggravated rape and to twelve years for aggravated assault. The trial court ordered the sentences to be served concurrently, for an effective sentence of twenty-five years in the Tennessee Department of Correction. The sole issues presented for our review are whether the trial court erred by (1) allowing testimony of certain thefts by Byrd; and (2) allowing a nurse to testify about statements made by the victim during her medical examination. Upon review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/byrdg_111610.pdf


STATE OF TENNESSEE v. JOSE A. INIGUEZ

Court: TCCA

Attorneys:

Gregory D. Gookin, Jackson, Tennessee, for the appellant, Jose A. Iniguez.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; James G. Woodall, District Attorney General; and Brian Gilliam, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Defendant, Jose A. Iniguez, was convicted by a Madison County jury of stalking, a Class A misdemeanor, and driving while unlicensed, a Class C. Misdemeanor. For stalking, the trial court imposed a sentence of 11 months, 29 days and for driving while unlicensed a sentence of 30 days, to be served concurrently in the county jail. On appeal, Defendant's sole issue is a challenge to the sufficiency of the evidence for his stalking conviction. After a thorough review of the record, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/iniguezj_111610.pdf


STATE OF TENNESSEE v. KENNETH MEYER

Court: TCCA

Attorneys:

Edward L. Boring, Pikeville, Tennessee, for the appellant, Kenneth Meyer.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General and Reporter; James Michael Taylor, District Attorney General; and James William Pope, III, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The Defendant, Kenneth Meyer, was found guilty by a Bledsoe County Circuit Court jury of voluntary manslaughter, a Class C felony. See T.C.A. section 39-13-211 (2010). He was sentenced as a Range II, multiple offender to ten years' confinement. On appeal, he contends that (1) the evidence was insufficient to support his conviction, (2) the trial court erred by admitting only part of a 9-1-1 tape into evidence, (3) the trial court erred by admitting hearsay into evidence, (4) the state improperly withheld exculpatory evidence, (5) the trial court erred by refusing to issue a self-defense instruction requested by the Defendant, (6) the trial court erred by considering prior criminal convictions that were not proven by certified copies of conviction and were not disclosed to the Defendant before the sentencing hearing, and (7) the trial court imposed an excessive sentence. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/meyerk_111610.pdf


TODAY'S NEWS

Legal News
TBA Member Services

Legal News
Better Business Bureau accused of 'pay to play' scheme
Better Business Bureau officials today apologized to consumers and business owners for "errors," and said they are looking at reforms to a controversial grading system. An ABC News investigation on Friday reported that the BBB gave better ratings to businesses that paid membership fees to the agency. The report on ABC's 20/20 also related how a group of Los Angeles business owners paid $425 to the BBB and were able to obtain an A minus grade for a non-existent company called Hamas, named after the Middle Eastern terror group.
ABC News's The Blotter has more
Breyer speaks to VU law class
U.S. Supreme Court Justice Stephen Breyer taught a class and then spoke to students at Vanderbilt Law School in Nashville today. Breyer said he has to apply the First Amendment "to a world where there's an Internet, and there's Facebook, and there are movies like ... 'The Social Network,' which I couldn't even understand." The 72-year-old justice's appearance was to focus on his latest book, Making Our Democracy Work: A Judge's View.
WSMV-TV reported the news
Government wants ideas to update ADA into cyberspace
Twenty years after the Americans with Disabilities Act was adopted, the government wants to move the regulations beyond wheelchair ramps and accessible elevators into cyberspace and personal technology. And federal officials are asking for ideas to expand the law. The effort begins Thursday with a Justice Department hearing in Chicago. Additional hearings are scheduled for Dec. 16 in Washington and Jan. 10 in San Francisco.
The Times Free Press carried this AP story
Judge warns defendants to tell the truth on indigency forms
Cocke County Circuit Judge Ben W. Hooper II stressed to defendants accused of crimes not to lie about their incomes. Hooper warned that the sworn affidavits of indigency be completed "completely, accurately, and truthfully." If not, the defendant could find himself facing a charge of perjury. To qualify, he said, they must also pay a state-mandated $200 assessment required of indigent defendants.
The Newport Plain Talk reports
Accused murderer shows up without lawyer again
Judge Richard Vance had given a man accused of murder a deadline to hire a lawyer to represent him, but Jimmie Robinson still didn't have one in time. Robinson previously argued he could not afford to hire an attorney and asked Vance to appoint one for him, which Vance declined. Attorney Bruce Poston, who appeared on Robinson's behalf during a late August court hearing, said Robinson was trying to raise the money to hire Poston to defend him. "Mr. Robinson has made every effort," Poston told the court. "He's met with lenders. He still cannot retain me." The judge pointed out that Robinson was able to make an $850,000 bond.
The Mountain Press has the story
State trooper pleads guilty, apologizes, in civil rights era 'manslaughter'
In a mixed victory for civil rights era prosecutions, a former state trooper pleaded guilty to second-degree manslaughter today -- not murder for which he was indicted -- in the 1965 slaying of a black man that prompted the "Bloody Sunday" march at Selma and helped galvanize America's civil rights movement. James Bonard Fowler, 77, was sentenced to six months in jail. The shooting resulted in no charges for more than 40 years until a new prosecutor -- the first black elected district attorney in Perry County -- resurrected the case in 2007. Fowler apologized to Jackson's family after entering the plea. "I wish I could redo it," he said.
The News Sentinel carried this AP story
Crime, court comments not civil, paper ends forum
A Wisconsin newspaper is shutting down its online function where readers can comment on stories about crime, courts, accidents, race or sex. "The nastiness," says editor Scott Angus, proved to be "too much." He says stories on those subjects have drawn the most troublesome comments. Even though the paper got about 10,000 comments a month, the editors decided the level of incivility was no longer worth the "ugliness" in the commenting. "People simply can't or won't behave."
ABAJournal.com has this story
TBA Member Services
Avis benefits 'try harder'
TBA members are offered a rental car discount through Avis. Enroll in the Avis Preferred Service at www.avisawards.com to bypass the rental counter and go directly to your car for a faster, easier rental experience. Enter code AWD# A570100.

Reminder: Take time to take part in TBA survey
If you have not yet taken part in the Tennessee Bar Association's membership survey, you will likely soon receive an email reminder. All TBA members are being asked to take part in this short survey to help identify ways to increase membership value. The survey is being conducted for the TBA by Memphis-based Yacoubian Research. If you do not receive the email from Yacoubian, please check your spam filters to see if it was blocked. If you need to have the survey re-sent, please contact Yacoubian Research. Thank you for participating in this effort.


 
 
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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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