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| Wednesday, March 23, 2011 |
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TBA president, others address tort law revisions
TBA President Sam Elliott and former Sen. Fred Thompson were among those appearing today before the House Judiciary Subcommittee as it took up Gov. Haslam's tort revision legislation (SB1522 and HB2008). Among the themes emerging from testimony was that the proposed caps to civil court awards are an overreaction to the situation in Tennessee or, as Sen. Thompson said, "Folks, we're about to kill a mouse with a bazooka here."
Watch their testimony and more online
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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.
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GEORGETTE MARIE BARGMANN v. KURT ALAN BARGMANN
Court: TCA
Attorneys:
Jon S. Jablonski, Nashville, Tennessee, for the appellant, Georgette Marie Bargmann.
John D. Schwalb, Franklin, Tennessee, for the appellee, Kurt Alan Bargmann.
Judge: DINKINS
In this divorce action, Mother appeals the trial court's permanent parenting plan, residential schedule, child support determination, and division of marital property and debt. We affirm the designation of Father as primary residential parent; modify the residential schedule and award of unpaid child support; and vacate the "paramour provision" in the parenting plan and the "equalization payment" from Mother to Father. In all other respects, we affirm the trial court.
http://www.tba2.org/tba_files/TCA/2011/bargmanng_032311.pdf
ASSOCIATED SHOPPING CENTER PROPERTIES, LTD. v. EDWARD H. HODGE ET AL.
Court: TCA
Attorneys:
Marshall T. Cook, Hendersonville, Tennessee, for the appellant, Edward H. Hodge.
James L. Smith, Hendersonville, Tennessee, for the appellee, Associated Shopping Center Properties, Ltd.
Judge: CLEMENT
The issue in this commercial real estate lease dispute is whether the individual defendants are additional lessees and, thus, personally liable under the lease. Plaintiff, the lessor of retail space, filed this action against the three defendants when the limited liability company, Decor Fabrics, LLC, a lessee, breached the lease by failing to pay rent for the term of the lease. The individual defendants denied liability, asserting that Decor Fabrics, LLC, was the only lessee.
The trial court found that the lease unambiguously identifies each of the individual defendants as additional lessees and assessed damages against them for breach of the lease,
including the plaintiff's attorneys fees. Only one of the defendants appealed. He asserts that the trial court erred by finding the lease unambiguous as to the identify of the lessee(s) and by failing to consider the parties' conduct to conclude that Decor Fabrics, LLC, was the only lessee. We affirm.
http://www.tba2.org/tba_files/TCA/2011/hodgee_032311.pdf
ANTHONY ALLEN v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Robert Brooks, Memphis, Tennessee, for the Defendant-Appellant, Anthony Allen.
Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; William L. Gibbons, District Attorney General; and Chris Lareau, Assistant District Attorney General, for the Appellee, State of Tennessee.
Judge: MCMULLEN
The petitioner, Anthony Allen, appeals the denial of his petition for post-conviction relief. He was convicted by a Shelby County jury of multiple counts of aggravated rape and
aggravated robbery. See State v. Anthony Allen, W2004-01085-1 CCA-R3-CD, 2005 WL 1606350, at *1 (Tenn. Crim. App., at Jackson, July 8, 2005). The petitioner was sentenced to a term of 104 years. Id. On appeal, the petitioner claims he received ineffective assistance of counsel. Upon review, we affirm the judgment of the post-conviction court.
http://www.tba2.org/tba_files/TCCA/2011/allena_032311.pdf
STATE OF TENNESSEE v. CHRISTOPHER LYNN INMAN
Court: TCCA
Attorneys:
Anthony L. Clark, Paris, Tennessee, for the Defendant-Appellant, Christopher Lynn Inman.
Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; Hansel Jay McCadams, District Attorney General; and Jennifer A. Hedge, Assistant District Attorney General, for the Appellee, State of Tennessee.
Judge: MCMULLEN
The Defendant-Appellant, Christopher Lynn Inman, was convicted by a Benton County jury of coercion of a witness, a Class D felony. He was sentenced to two years in the Tennessee Department of Correction and assessed a $5,000 fine. On appeal, Inman claims the evidence was insufficient to support his conviction. Upon review, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/inmanc_032311.pdf
STATE OF TENNESSEE v. AARON MALONE
Court: TCCA
Attorneys:
Mark Mesler, Memphis, Tennessee, for the appellant, Aaron Malone.
Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; William L. Gibbons, District Attorney General; and Pamela Fleming and Reginald
Henderson, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: MCLIN
A Shelby County jury convicted the defendant, Aaron Malone, of first degree murder, and he received a life sentence in the Tennessee Department of Correction. On appeal, the
defendant argues that (1) the trial court erred by denying his motion to suppress his statement, arguing that (a) he did not waive his rights knowingly, voluntarily, and intelligently and (b) that the court should have suppressed the statement under the "fruit of the poisonous tree" doctrine after ruling that his arrest was illegal; (2) the trial court erred by
admitting the victim's teeth into evidence; and (3) the trial court erred by allowing a state witness, qualified as an expert in crime scene investigation, to testify about blood spatter
analysis. Following our review, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/malonea_032311.pdf
ORDER LIFTING SUMMARY SUSPENSION FOR DALEN L.P. FARMER, BPR 012629
Court: TSC-Disciplinary Order
Judge: WADE
Reinstatement
http://www.tba2.org/tba_files/TSC/2011/farmerd_032311.pdf
ORDER LIFTING SUMMARY SUSPENSION FOR LAWRENCE R. NICOLA, BPR 013898
Court: TSC-Disciplinary Order
Judge: WADE
Reinstatement
http://www.tba2.org/tba_files/TSC/2011/nicolal_032311.pdf
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| TODAY'S NEWS |
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Legal News
Correction
U.S. Supreme Court
Disciplinary Actions
Upcoming
TBA Member Services
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| Legal News |
| Speculation abounds on Baumgartner replacement |
| The Knoxville Metro Pulse joins the fray with its predictions about who will replace former Criminal Court Judge Richard Baumgartner, who has stepped down after being convicted of official misconduct. The paper says the "early line...is leaning toward Sessions Court Judge Andrew Jackson VI." Jackson was a prosecutor for 20 years and has been on the bench since 2006. It also suggests TaKisha Fitzgerald and Leland Price, both prosecutors in the local district attorney's office, may make the list of three that is sent to the governor for his selection.
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Read the paper's predictions
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| States turn to new drug for executions |
Mississippi authorities said yesterday the state likely would switch to a different drug for its next execution given the nationwide shortage of sodium thiopental. A number of states already have decided to switch to pentobarbital, a surgical sedative that is commonly used to euthanize animals.
The Commercial Appeal reports
In related news, a Kentucky public defender has asked the U.S. Justice Department to investigate how his state got a supply of sodium thiopental, and whether contacts with an Indian pharmaceutical company were proper. The move comes after a Georgia attorney made a similar request, which led the Drug Enforcement Administration to seize that state's supply of the drug.
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WKRN News 2 reports on the Kentucky case
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| Wade to speak at Sevier County mayors' lunch |
| Tennessee Supreme Court Justice Gary Wade will address a gathering of Sevier County mayors and pastors on April 18 at the Blue Mountain Mist Bed and Breakfast. In what is being billed as the county's "first National Day of Prayer Luncheon," the event is designed to provide a forum for local leaders to meet and talk about issues of concern to the community and to plan for the National Day of Prayer, which is being celebrated on May 5.
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The Mountain Press has more
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| UT's Phi Alpha Delta team places 4th out of 32 |
| Two teams from the University of Tennessee College of Law competed recently at the National Phi Alpha Delta Trial Competition. One of the UT teams placed fourth in the competition -- an impressive showing for a team comprised solely of 1L students. Team members were Isabelle Archuleta, Jennifer Dusenberry, Alicia McMurray and Austin Purvis. They were coached by local attorney Ed Anderson, PAD attorneys Kathryn Ellis and Shannon Holland, and 3L student Nicholas Lee.
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| Correction |
| Shriver Towers to be dedicated April 21 |
| The observation towers on the Southeast corner of the Nashville Davidson County Courthouse will be dedicated April 21 at 3:30 p.m. to the memory of former judge and district attorney, Tom Shriver. They will be called the Thomas H. Shriver Towers. Yesterday's TBA Today incorrectly indicated that the ceremony had already taken place. |
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| U.S. Supreme Court |
| Court takes up case of juvenile interrogations |
| The U.S. Supreme Court today took up the question of whether interrogators must give Miranda warnings, provide notice of the right to an attorney or notify parents before questioning a juvenile at school. Opponents say police do not have to provide these protections unless the suspect is "in custody." Supporters counter that age should be considered when determining custody, since age could render the suspect "particularly susceptible" to coercive police techniques. |
The Tennessean has the story
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| Court weighs deadbeat parents' rights |
| Also today, the court heard arguments in a case that will decide whether indigent parents who fail to pay child support must be provided with defense counsel. The U.S. Constitution establishes the rights of the accused in criminal prosecutions, including the right to counsel. But in these child support cases, long-term jail time is imposed for civil contempt. The question is whether that penalty amounts to criminal punishment.
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NPR's Nina Totenberg reports on the story
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| Disciplinary Actions |
| Two lawyers reinstated |
| Nashville lawyer Dalen L.P. Farmer and Jackson attorney Lawrence R. Nicola have been reinstated to the practice of law after meeting continuing legal education requirements. Farmer had been suspended in August 2008. Nicola was suspended in September 2009. They were both reinstated on March 21. |
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| Upcoming |
| Program will educate public about legal system |
| A program sponsored by the Howard H. Baker Jr. Center for Public Policy and the East Tennessee Society of Professional Journalists on April 1 in Knoxville will give citizens the opportunity to learn about the criminal and civil justice systems, as well as how to access government information. Speakers will include Tennessee Supreme Court Justice Gary Wade, Knox County Circuit Court Judge Dale Workman, University of Tennessee College of Law Professor Penny White and Elisha Hodge, legal counsel for the Tennessee Office of Open Records. Registration and lunch are free for the first 100 people who register, according to an article in the Tennessean.
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Learn more or register online at the Baker Center
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| TBA Member Services |
| Earn rewards with Budget car rentals |
| Tennessee Bar Association members who rent with Budget twice for two consecutive days on each rental before Dec. 31 can receive $25 to put toward their next car rental. To take part in the promotion, first enroll in the Budget Fastbreak counter bypass program. After enrolling, visit Budget Bucks to get full terms and conditions of this promotion and to sign up.
Also remember that with your Tennessee Bar Association Budget Customer Discount Code you can receive up to 20 percent off your rentals. |
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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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