Friday, February 18, 2011
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Haslam agenda introduced in General Assembly

Governor Bill Haslam on Thursday introduced his administration's legislative package for the 2011 session, focusing on educating the workforce, identifying the best teachers and revising the state's civil justice system. That program has now been introduced through a series of bills, all sponsored by Rep. Gerald McCormick, R-Chattanooga, and Sen. Mark Norris, R-Collierville. Here are the bills by topic:

Banking: Access to Confidential Information

Education: Charter Schools, Teacher Evaluation Committee, Criteria for Commissioner, Employment of Teachers, Termination and Tenure, Tennessee Higher Education Commission

Health: Over the Counter Drugs, Hemophilia Care, Taxation of Mental Health Facilities, Intellectual & Developmental Disabilities

Insurance: Insurance Commissioner Authority, Group Policy Requirements, Captive Insurance Act

Judicial: Criminal Procedure, Civil Procedure, Juvenile Offenders

Motor Vehicle: Driver Licenses, Titling and Registration

State Government: Procurement Commission, Tennessee Regulatory Authority

Tax: Sales Taxes, Taxes, Inheritance Gift Taxes

Read the governor's announcement for more details
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
01 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
03 - 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.
CAROLYN BERRY v. ARMSTRONG WOOD PRODUCTS

Court: TWCA

Attorneys:

William F. Kendall, III, Jackson, Tennessee, for the appellant, Armstrong Wood Products.

James R. Renis, Jackson, Tennessee, for the appellee, Carolyn Berry.

Judge: CHILDRESS

Employee filed a complaint for workers' compensation benefits against her former employer alleging that her work for her former employer advanced pre-existing arthritis in both knees and required her to have joint replacement surgery on her right knee. The employer denied her claim, contending that her condition was unrelated to her employment. The trial court found that she had sustained a compensable aggravation of her arthritis and that she had not had a meaningful return to work. It awarded 78% permanent partial disability ("PPD") to the body as a whole. The employer appealed, contending that the trial court erred by finding the award was not subject to the one and one-half times impairment cap found in Tennessee Code Annotated section 50-6-241(d)(1)(A). We agree with employer that employee is entitled to an award of one and one-half times her impairment rating and decrease the award to 39% PPD to the body as a whole. We affirm the judgment as modified.

http://www.tba2.org/tba_files/TSC_WCP/2011/berryc_021811.pdf
EDMOND CATO ET AL. v. D. L. BATTS ET AL.

Court: TCA

Attorneys:

Shawn P. Sirgo and Curtis R. Harrington, II, Nashville, Tennessee, for the appellants, Edmond and Duanna Cato.

Edward J. Gross, Nashville, Tennessee, for the appellees, D. L. Batts and Helen Batts.

Judge: CLEMENT

Purchasers of home filed this action against the sellers for negligent misrepresentation and fraudulent misrepresentation for the failure to disclose defects in the home. The trial court found for the purchasers on their claim of negligent misrepresentation but denied their claim of fraudulent misrepresentation and their request for rescission. Purchasers appealed contending the trial court erred by not finding fraudulent misrepresentation and partially denying their motion to alter or amend the judgment in which they sought to introduce new evidence. We affirm the ruling of the trial court in all respects.

http://www.tba2.org/tba_files/TCA/2011/catoe_021811.pdf
IN RE FAITH F.

Court: TCA

Attorneys:

Thomas A. Miller, Nashville, Tennessee, for the appellant, Blaine F.

Debra L. Dishmon, Lebanon, Tennessee, for the appellee, Amy P.

Elizabeth Lee Luongo Youmans, Lebanon, Tennessee, Guardian Ad Litem.

Judge: BENNETT

Father filed a petition to relocate with minor child, and mother filed a petition for change of custody. After a hearing, the trial court denied father's petition to relocate and mother's petition to change custody but increased mother's parenting time. A week after the court's order was entered, mother filed a petition to reopen the proof, and the court granted her motion. After another hearing, the trial court granted mother's petition for a change of custody. On appeal, father argues that the trial court erred in denying his petition to relocate, in reopening the proof, and in granting mother's petition to change custody. We affirm the decision of the trial court.

http://www.tba2.org/tba_files/TCA/2011/faithf_021811.pdf
STATE OF TENNESSEE v. ADRIAN ANN CRAIN

Court: TCCA

Attorneys:

Wendell L. Hoskins, II, Dyersburg, Tennessee, for the appellant, Adrian Ann Crain.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; James G. Woodall, District Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, Adrian Ann Crain, appeals the revocation of her probation sentence, claiming that the state denied her right to a speedy trial and that the trial court did not have jurisdiction when it revoked her sentence and ordered that she serve the remainder of her sentence in the Tennessee Department of Correction. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/craina_021811.pdf
STATE OF TENNESSEE v. DANNY LYNN DAVIS

Court: TCCA

Attorneys:

Clifton Corker and Gene Scott (at trial), Johnson City, Tennessee, for the appellant, Danny Lynn Davis; and Danny Lynn Davis (on appeal), pro se.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Senior Counsel; Randall E. Nichols, District Attorney General; and Philip H. Morton, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The Defendant, Danny Lynn Davis, was convicted at a bench trial in the Washington County Criminal Court of theft of property valued at $60,000 or more, a Class B felony; official misconduct, a Class E felony; and twenty-five counts of forgery, Class E felonies. See T.C.A. sections 39-14-103 (theft); 39-16-402 (official misconduct); 39-14-114 (forgery). He was sentenced to ten years for the theft conviction and to one year for each of the Class E felony convictions, all to be served concurrently with one year of split confinement and the remaining nine years on probation. In this appeal, the Defendant contends that (1) the victim, the city of Johnson City, had no standing to allege the crimes, (2) the prosecution of the forgery and official misconduct offenses was barred by the statute of limitations; (3) the evidence was insufficient to support his convictions; (4) the trial judge should have recused himself because the judge's wife was an employee of the city of Johnson City; and (5) he was deprived of the opportunity to prepare a proper defense because the trial court failed to release his income tax records during discovery. We note that two of the convictions were rendered on counts dismissed by the State during trial. We vacate the convictions for forgery in Counts 23 and 27, but we affirm the remaining judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/davisd_021811.pdf
JAMES PATTERSON v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Neil Umsted (on appeal), Memphis, Tennessee, and Janis H. Benson (at hearing), Memphis, Tennessee, for the Petitioner-Appellant, James Patterson.

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; William L. Gibbons, District Attorney General; and Tom Hoover, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: MCMULLEN

The petitioner, James Patterson, appeals from the denial of post-conviction relief by the Criminal Court of Shelby County. He was convicted of especially aggravated robbery, a Class A felony, criminal attempt to commit second degree murder, a Class B felony, and two counts of especially aggravated kidnapping, Class A felonies. The petitioner received an effective sentence of thirty-two years. The convictions and sentence were upheld on direct appeal. See State v. James Patterson, No. W2005-01416-CCA-R3CD, 2007 WL 162175, at *1 (Tenn. Crim. App., at Jackson, Jan. 23, 2007). The petitioner subsequently filed a petition for post- conviction relief, which alleged that trial counsel was ineffective. The post-conviction court denied the petitioner relief. On appeal, the petitioner claims he is entitled to a new post-conviction hearing because post-conviction counsel failed to diligently investigate and present reasonable claims for relief. Upon review, we affirm the judgment of the post- conviction court.

http://www.tba2.org/tba_files/TCCA/2011/pattersonj_021811.pdf
TODAY'S NEWS
Legal News
General Assembly News
Upcoming
TBA Member Services
Legal News
TBI looking into link among judge, drugs and felon
The Tennessee Bureau of Investigation is probing whether Knox County Criminal Court Judge Richard Baumgartner acquired prescription painkillers from a felon, the News Sentinel has learned. The paper reports on a possible connection between the judge and Christopher Lee Gibson. Apparently, part of the investigation centers on a photograph of a car with judicial tags similar to Baumgartner's vehicle parked in Gibson's driveway. The picture was taken by Gibson's ex-wife, who sources say took the photograph after Gibson threatened to use the judge's influence against her in a domestic court battle.
Read more in the News Sentinel
Judge tells bar association the benefits of drug court
Judge Duane Slone brought several guests to a recent meeting of the Sevier County Bar Association. With him were participants of the local drug court who said the program helped them get clean for the first time in their lives. "I'm alive and well today because of the drug court program," Mitzi Gibson said. While the program is intensive, it costs about $5,000 per year, Slone said, while incarceration costs $35,000 per year. "Drug court is a win-win scenario for tax payers and offenders," Slone said.
The Mountain Press has the story
Ponzi investors sue Memphis charities
Calling their lawsuit an "unfortunate reality," a group of investors says money given to St. Jude Children's Research Hospital was "stolen" from them by Stanford Financial Group and they want it back. A suit filed Tuesday would grab back $7.3 million from St. Jude Children's Research Hospital; its fundraising arm, American Lebanese Syrian Associated Charities; and the Le Bonheur Children's Hospital Foundation. The lawsuit calls for the money to be returned to investors allegedly defrauded by the Stanford Financial Group's Ponzi scheme.
The Commerial Appeal has more
Vanderbilt places second in moot court contest
A team of Vanderbilt University Law School students won second place for brief submissions in the 2011 Midwest Super Region of the Philip C. Jessup International Law Moot Court Competition. Two team members, Tatiana Boza and Mark Hammervold, were named "Top Oralists" in the competition. The team is coached by Nashville lawyer Paul Ambrosius who is an adjunct professor of law at the school and a member of the Trauger & Tuke law firm. This year's topic addressed the legality of unmanned drones and international anti-corruption law.
Read more from the school
'Hot Coffee' film explores civil justice system
An Oregon lawyer's film, "Hot Coffee," will be screened at the 2011 Sundance Film Festival in Park City, Utah. It largely focuses on the infamous 1994 McDonald's coffee spill case -- in which a jury awarded plaintiff Stella Liebeck $2.86 million in damages after she spilled hot coffee on herself -- while also exploring how and why the case has become so iconic. In the movie, Susan Saladoff interviews members of the jury, Liebeck's lawyer and family members to provide the facts, while her man-on-the-street questions about the case provide color. "The whole point of my making the film was that I had something to say about the civil justice system, and I wanted to get my message out to as many people as possible," says Saladoff, who is currently on sabbatical from her law practice.
Watch an interview with Saladoff on ABAJournal.com
Is yoga is the new golf?
If new law firm offerings are a trend, those who want to advance their careers should trade their putters for yoga mats. According to the New York Post, golf is old school in the city as "high-fliers looking to bond with the boss" pursue yoga. Law firms in California and Washington, D.C., also are getting on board. Not to be outdone, the Memphis firm of Burch, Porter & Johnson reportedly also is offering yoga classes to its employees.
Learn more in the ABA Journal
General Assembly News
Track legislation of interest to Tennessee attorneys
The 107th Tennessee General Assembly is now in session and the TBA has a number of tools to help you track the status of legislation. Watch TBA Today for regular news updates and follow the TBA Action List to track bills in the General Assembly that the TBA has a direct interest in -- those it has initiated, taken a position on, or has a policy on. The TBA Watch List is a broader list of bills of interest to the Tennessee legal community.
Find complete TBA legislative resources
Bill would put monitoring device on stalking suspects
Under a bill filed by State Rep. Debra Maggart, a suspect charged with stalking and violating an order of protection might have to wear a monitoring device as a condition of bail. "It increases the level of safety," Maggart said. But Gallatin defense attorney John Pellegrin said such a tracking system would jeopardize a defendant's privacy rights.
The Tennessean reports
Upcoming
Memphis Law offers open house for diverse students
The University of Memphis School of Law will hold an information session Feb. 24 from 11:30 a.m. to 1 p.m. for diverse college students interested in law school. The event will be held in the University Center's Bluff Room. Law students will be on hand to speak with undergraduates and several members of the school administration will answer questions about admissions, financial aid, scholarships and the school's diversity access program. For more information contact the student affairs department.
Download a flyer about the event
TBA Member Services
Program offers savings on auto insurance
See how being a member of the TBA could help you save 8 percent on car insurance. GEICO offers 24-hour sales, service and claims. Call GEICO at (800) 368-2734
or get an online rate quote

 
 
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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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