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| Friday, February 11, 2011 |
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Client fund will stay in CLE Commission, court says
The Tennessee Supreme Court denied a petition today that would have moved the Lawyers' Fund for Client Protection under the purview the Board of Professional Responsibility. The BPR filed the petition on Jan. 12 seeking to transfer staffing responsibility from the Commission on Continuing Legal Education and Specialization to the BPR.
Read the order
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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
05 - TN Court of Appeals
03 - TN Court of Criminal Appeals
01 - 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
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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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RANDALL PHILLIP BOYCE v. TENNESSEE PEACE OFFICER STANDARDS AND TRAINING COMMISSION
Court: TCA
Attorneys:
Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; William Randall Lundy, Jr., Assistant Attorney General, Law Enforcement and Special
Prosecutions Division, for the appellant, Tennessee Peace Officer Standards and Training Commission.
Ben H. Cantrell and Walter Franklin Nichols, Nashville, Tennessee, for the appellee, Randall Phillip Boyce.
Judge: BENNETT
Sheriff filed a petition for judicial review regarding a decision of the Peace Officer Standards and Training Commission (POST) denying the sheriff's request for certification. The sheriff argued that his basic recruit training in 1976, when he was a sheriff's deputy, was equivalent to the Tennessee Law Enforcement Training Academy recruit training required by POST. The chancellor ordered POST to issue a certificate of compliance to the sheriff. Finding no error in POST's decision, we reverse the chancellor's decision.
http://www.tba2.org/tba_files/TCA/2011/boycer_021111.pdf
TOMMY K. HINDMAN v. LOUISE HELEN HINDMAN
Court: TCA
Attorneys:
Christopher D. Heagerty, Knoxville, Tennessee, for the appellant, Louise Helen Hindman (Dover).
James S. Sharp, Knoxville, Tennessee, for the appellee, Tommy K. Hindman.
Judge: MCCLARTY
Louise Helen Hindman ("Wife") and Tommy K. Hindman ("Husband") were divorced in August of 1997, at which time the trial court approved a marital dissolution agreement ("the
MDA") submitted by the parties. Relevant to the instant case, the MDA addressed future medical and educational expenses for the parties' minor child ("Son"). After Wife refused to reimburse Husband in compliance with the pertinent provisions of the MDA, he filed a petition seeking to have her held in contempt. The trial court ultimately ordered Wife to pay $43,678. We affirm.
http://www.tba2.org/tba_files/TCA/2011/hindemant_021111.pdf
MATTIE M. LINDSEY, ET AL. v. MARK LAMBERT, ET AL.
Court: TCA
Attorneys:
Mattie M. Lindsey, Pro Se.
Edmond L. Lindsey, Pro Se.
Robert Campbell Hillyer, Memphis, Tennessee, for the Appellee, Mark Lambert.
C. Michael Becker, Germantown, Tennessee, for the Appellees, Gary Wilkinson and Russell Rutledge.
Christopher L. Vescovo, Memphis, Tennessee, for the Appellee, State Farm Insurance Company.
Judge: FARMER
This appeal involves an award of sanctions. We reverse because the moving party did not comply with the safe harbor provision of Rule 11.03 of the Tennessee Rules of Civil Procedure.
http://www.tba2.org/tba_files/TCA/2011/lindseym_021111.pdf
CURTIS ROBIN RUSSELL, ET AL. v. ANDERSON COUNTY, ET AL.
Court: TCA
Attorneys:
Benjamin K. Lauderback, Knoxville, Tennessee, for the appellant, City of Clinton, Tennessee.
Tasha C. Blakney and Ronald C. Koksal, Knoxville, Tennessee, for the appellees, Curtis Robin Russell and Dorothy Louise Russell, as next of kin and natural parents of Curtis Tyler
Russell, deceased, and Dorothy Louise Russell, individually.
Judge: MCCLARTY
This is the second appeal of this wrongful death action, arising from a pedestrian versus motor vehicle collision that fatally injured a seven-year-old child at a downtown Clinton intersection. The action was filed pursuant to the Tennessee Governmental Tort Liability Act ("GTLA"), Tenn. Code
Ann. section 29-20-101 et seq., against the City of Clinton ("the City") by plaintiffs Curtis Robin Russell
("Mr. Russell") and Dorothy Louise Russell ("Mrs. Russell") (collectively "the Russells") as next of kin of the decedent, their son Curtis Tyler Russell ("Curtis"). The Russells settled with the driver of the vehicle, Ladislav Misek ("Mr. Misek"), who was subsequently dismissed as a party-defendant
from the lawsuit. The trial court in the first trial entered judgment after a nonjury trial, apportioning equivalent liability to Mrs. Russell and the City. On appeal, this court held that: (1) the trial court committed reversible error when it failed to rule on the fault to be attributed to Mr. Misek; and (2) material evidence existed for the culpability and fault to be assigned to Mr. Misek. On remand, the trial court altered its judgment, attributing 45% of the fault each to Mrs. Russell and the City and 10% to Mr. Misek. The City appealed. We affirm.
http://www.tba2.org/tba_files/TCA/2011/russellc_021111.pdf
IN RE: ESTATE OF ARDELL HAMILTON TRIGG, DECEASED
Court: TCA
Attorneys:
Robert E. Cooper, Jr., Attorney General; Michael E. Moore, Solicitor General; and L. Vincent Williams, Deputy Attorney General, for the appellant, the State of Tennessee.
Henry D. Fincher, Cookeville, Tennessee, for the appellee, Estate of Ardell Hamilton Trigg, deceased.
Judge: DINKINS
The Bureau of TennCare filed a claim against a decedent's estate to recover the cost of medical assistance provided to the decedent. The Estate filed an exception to the claim.
The probate court sustained the claim, and the Estate appealed the probate court's ruling to the circuit court which heard the matter de novo. The circuit court reversed the probate court and disallowed the claim of TennCare. TennCare appeals; we hold that the circuit court was
without subject matter jurisdiction to review the probate court's order. We vacate the judgment of the circuit court and remand the case.
http://www.tba2.org/tba_files/TCA/2011/trigga_021111.pdf
STATE OF TENNESSEE v. DEADRICK GARRETT
Court: TCCA
Attorneys:
Bruce Poston, Knoxville, Tennessee, for the appellant, Deadrick Garrett.
Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Randall Eugene Nichols, District Attorney General; and Leslie Nassios, Assistant
District Attorney General, for the appellee, State of Tennessee.
Judge: WILLIAMS
The defendant, Deadrick Garrett, was convicted of first degree premeditated murder and sentenced to life with the possibility of parole in the Tennessee Department of Correction. On appeal, he argues that the evidence was insufficient to support his conviction and that the trial court erred in excluding evidence regarding the victim's prior convictions and parole status. After careful review, we affirm the judgment from the trial court.
http://www.tba2.org/tba_files/TCCA/2011/garrettd_021111.pdf
STATE OF TENNESSEE v. TONY CHESTER McNALLY
Court: TCCA
Attorneys:
John S. Anderson, Rogersville, Tennessee, for the appellant, Tony Chester McNally.
Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Senior Counsel; C. Berkeley Bell, District Attorney General; and Doug Godbee and Alex Pearson, Assistant
District Attorney Generals, for the appellee, State of Tennessee.
Judge: TIPTON
The Defendant, Tony Chester McNally, pled guilty to introducing contraband into a penal institution, a Class C felony. See T.C.A. section 39-16-201 (2010). He was sentenced as a Range I, standard offender to three years' confinement, to be served consecutively to sentences he was serving at the time of this offense. The Defendant's plea agreement reserved a certified question of law regarding the legality of the questioning that led to his conviction. Because we conclude that the certified question is not dispositive of the case, we dismiss the appeal.
http://www.tba2.org/tba_files/TCCA/2011/mcnallyt_021111.pdf
STATE OF TENNESSEE v. LLOYD ANDRA WEBB
Court: TCCA
Attorneys:
A. Philip Lomonaco, Knoxville, Tennessee, for the appellant, Lloyd Andra Webb.
Robert E. Cooper, Jr., Attorney General and Reporter; Mark A. Fulks, Senior Counsel; Mike Flynn, District Attorney General; and Kathy Aslinger, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: TIPTON
The Defendant, Lloyd Andra Webb, pled guilty to possession with intent to sell twenty-six grams or more of cocaine, a Class B felony, and to possession of marijuana, a Class A
misdemeanor. See T.C.A. sections 39-17-417 (2010); 39-17-418 (2010). He was sentenced as a Range I, standard offender to nine years for the possession with intent to sell conviction and
to eleven months, twenty-nine days for the misdemeanor possession conviction, to be served concurrently. He was order to serve fifteen weekends in the Blount County Jail with the balance of his sentences on community corrections. The Defendant's plea agreement reserved a certified question of law regarding the legality of the traffic stop that led to his
arrest. We affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/webbl_021111.pdf
Appointment of Planning Director
TN Attorney General Opinions
Date: 2011-02-11
Opinion Number: 11-15
http://www.tba2.org/tba_files/AG/2011/ag_11_15.pdf
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| TODAY'S NEWS |
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Legal News
Passages
Upcoming
Your Practice
TBA Member Services
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| Legal News |
| 4 vie for 5th district judgeship |
| Four Maryville attorneys have applied to fill the 5th Judicial District vacancy created by the retirement of Judge Dale W. Young.
The Judicial Nominating Commission will hold a public meeting on March 8, to interview the following candidates:
Steven H. Cook,
assistant U.S. attorney for the Eastern Division of Tennessee,
U.S. Department of Justice;
Robert N. Goddard,
Goddard and Gamble Attorneys;
Tammy M. Harrington,
deputy district attorney general,
5th Judicial District; and
Lynn C. Peterson,
Lewis, King, Krieg and Waldrop PC. |
The AOC has more
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| Clark likens judges and journalists |
| Chief Justice Cornelia A. Clark spoke to reporters today at a Tennessee Press Association luncheon. During her remarks, she discussed the similarities of the judges and journalists as both face shrinking budgets and the demands of keeping up with changing technologies in the digital information age. |
Read more from the AOC
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| Justice Lee speaks out to keep current system |
| Tennessee Supreme Court Justice Sharon Lee yesterday explained to the Cleveland Kiwanis Club why she opposes changes to the current judicial selection process.
"We go into cases with no preconceived judgment," Lee told the group. "I think we have a good
system. There is no favoritism." Lee was pinch-hitting for Supreme Court Chief Justice Cornelia
Clark, the day's original speaker, who was stranded in Middle Tennessee
by hazardous road conditions. |
The Cleveland Daily Banner reports
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| 'Missouri Plan' defended by justice, targeted for change |
| "Big money in judicial elections is a scandal," Missouri Chief Justice William Ray Price said in his State of the Judiciary remarks to the Missouri legislature, according to a St. Louis Post-Dispatch article.
On the same day, a group called Better Courts for Missouri announced the filing of a bill to change the nationally recognized Missouri Plan for merit selection of judges by increasing the non-lawyers on the commission that recommends candidates to the governor. |
Gavel Grab tells you more
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| Groups agree on reform of criminal justice system |
| Bipartisan groups -- ranging from the American Civil Liberties Union to the Heritage Foundation -- have
convened what is called the Smart on Crime Coalition to issue a comprehensive report recommending reforms ranging from mandatory recording of police interrogations to ensuring the adequacy of indigent defense and eradicating prison rape. The report also calls for expanding aid to crime victims, improving access to DNA for innocence claims, boosting the "re-entry" prospects of those who have served their time in prison, and increased use of the presidential pardon and clemency powers. |
Learn more from the Blog of Legal TImes
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| Carter sees the court from both sides of bench |
| Judge William Carter started out as trial lawyer but now is on the other side of the bench as a U.S. magistrate judge in U.S. District Court in Hamilton County.
Among his concerns are
how unaware the public seems to be of how "desperately serious" drug offenses are and how long the sentences are in federal court for these violations.
"I just don't think people realize the consequence of what they do, and it's a struggle for our society," he says. |
The Hamilton County Herald talks to Judge Carter
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| Passages |
| Knoxville lawyer Kevin Dorris dies |
| Knoxville lawyer Kevin M. Dorris died Feb. 7. He was 46.
Mr. Dorris graduated from the University of Tennessee College of Law in 1989, where he served as assistant editor and student materials editor of the Tennessee Law Review. He was an adjunct professor at the UT College of Law and for the last 10 years served as a law clerk for Hon. Michael D. Swiney with the Tennessee Court of Appeals
There will not be a memorial service, at Mr. Dorris's request, but memorial donations may be made to the Young Williams Animal Center. |
The News Sentinel has his obituary
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| Services set for former KBA executive secretary |
| Former Knoxville Bar Association Executive Secretary Marguerite McCampbell died Feb. 9. She was 89.
Ms. McCampbell was the sole KBA employee when she began work there in 1974. Past presidents report that she generally was responsible for "keeping the lawyers in line for 16 years," according to KBA reports. She retired in 1990.
Memorial services will be Monday, Feb. 14, at 2 p.m. at Immaculate Conception Catholic Church in Knoxville. |
Read her obituary in the News Sentinel
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| Upcoming |
| Judge Summitt to be honored by ABA |
| Each year the Tennessee Bar Association honors a lawyer or judge who has served his or her profession by participating in American Bar Association related activities, and this year
Judge Robert M. Summitt is the 2011 recipient for his exceptional service on behalf of the ABA. The organization will commemorate Summitt's contributions to the organization during the ABA's mid-year meeting in Atlanta.
The reception will take place Saturday at the Marriott Atlanta Marquis from 5:30 to 7 p.m. |
The Hamilton County Herald interviews Judge Summitt
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| Your Practice |
| Apparently, you are in a happy line of work |
| A new analysis by the job site CareerBliss.com has determined that lawyers and employees in legal jobs are the tenth happiest workers. |
ABAJournal.com connects to you to the study
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| TBA Member Services |
| Your customers expect you to deliver -- the new FedEx Tracking makes it easy |
| Lets face it. Information about your in-transit shipments is critical to your business. Now when you track a package on fedex.com, you have even greater visibility into the status of your shipments. You can customize your tracking results page, organize your shipments by status, easily send and receive proactive e-mail notifications on shipments, and save time with the updated and streamlined Signature Proof of Delivery request process. |
Take advantage of your member discounts on select FedEx shipping services and FedEx Office business services
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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 2011 Tennessee Bar Association
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