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| Tuesday, April 12, 2011 |
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Welles to retire; apply for the seat by May 3
Court of Criminal Appeals Judge David H. Welles is retiring after serving 17 years on the appellate court. His retirement will take effect on June 30.
Much of Welles' career has been dedicated to public service -- working in each of the three branches of Tennessee government throughout his long tenure as a state employee.
Prior to taking the bench, Welles served seven years as legal counsel to former Gov. Ned McWherter, six years as Chief Clerk of the House of Representatives and eight years as an assistant district attorney general.
Attorneys interested in the seat must be at least 30 years old, a resident of the state for the past five years and a resident of the middle grand division. Applications are due by noon CST May 3.
Get more details and the application from the AOC
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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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01 - TN Worker's Comp Appeals
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00 - Formal Ethics Opinions - BPR
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and save a plain-text version of the opinion.
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DION JONES v. MELISSA RODRIGUEZ, ET AL.
Court: TWCA
Attorneys:
Marshall H. McClarnon and Donald D. Zuccarello, Nashville, Tennessee, for the appellant, Dion Jones.
Stephen B. Morton and Brad Hearne, Nashville, Tennessee, for the appellee, Ole South Properties, Inc.
Judge: LEE
Pursuant to Tennessee Supreme Court Rule 51, this workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. After the employee sustained an on the job injury, she sued her employer for workers' compensation benefits. She alleged that her employer was a subcontractor for the principal contractor but she sued only the employer, not the
principal contractor. Nearly two years later, the employee requested and received the trial court's permission to amend her complaint to add the principal contractor as a defendant. The principal contractor filed a motion to dismiss based upon the expiration of the applicable statute of limitations. The trial court granted the motion. After a trial, the trial
court awarded the employee judgement for workers' compensation benefits against the employer. The employee appealed, contending that the trial court erred by granting the principal contractor's motion to dismiss. We affirm the judgment.
http://www.tba2.org/tba_files/TSC_WCP/2011/djones_041211.pdf
IN THE MATTER OF: LaPORSHA S.
Court: TCA
Attorneys:
Harold R. Gunn, Humboldt, Tennessee, for the Appellant, LaPorsha S.
Robert E. Cooper, Jr., Attorney General and Reporter, Joe Whalen, Associate Solicitor General and Douglas Earl Dimond, Senior Counsel, for the Appellee, Tennessee Department
of Children's Services, Tennessee.
Judge: FARMER
This appeal involves a dispute over the placement of a child formerly in the custody of the Department of Children's Services. Because the child turned eighteen years old during the
pendency of these proceedings, this appeal is moot and must be dismissed.
http://www.tba2.org/tba_files/TCA/2011/laporshas_041211.pdf
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| TODAY'S NEWS |
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Legal News
Upcoming
TBA Member Services
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| Legal News |
| Newspapers criticize politicized, big-spending judicial elections |
| Newspaper editorial boards in at least three states -- North Carolina, Iowa and Ohio -- denounced the highly politicized, big-spending Wisconsin Supreme Court election, calling it an example of how not to choose judges. One called it "a recipe for an even more biased judiciary," focusing on Wisconsin's election and on Iowans voting last year to oust three state Supreme Court justices over a ruling that permitted same-sex marriage. |
Gavel Grab has more
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| Moon asked to recuse self, wrote poem for slain officer |
| A public defender for Jesse Ray Mathews, the man accused of killing Chattanooga Police Department Sgt. Timothy Chapin, has filed a motion asking for Hamilton County General Sessions Court Judge Bob Moon to recuse himself in the case.
Moon wrote a memorial poem in tribute to Chapin, which was displayed during the officer's funeral on Thursday.
Moon said he is taking the motion under advisement and will rule on defense counsel's request on Wednesday at the scheduled preliminary hearing, set for 8:30 a.m.
The state is expected to seek the death penalty in the case. |
The Chattanoogan has the story
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| Tell it to the judge, preferably right after a meal |
| A new study suggests that the best times to go before a judge are first thing in the morning or right after lunch. They are more lenient at those times,
researchers report in the Proceedings of the National Academy of Sciences. |
The Tennessean has more
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| Suit made famous in 'The Social Network' wraps up |
| Cameron and Tyler Winklevoss must accept a cash and stock settlement with Facebook that had been valued at $65 million, a U.S. appeals court ruled on Monday. "At some point, litigation must come to an end," 9th U.S. Circuit Court of Appeals Chief Judge Alex Kozinski wrote. "That point has now been reached."
Mark Zuckerberg won a legal battle against the former Harvard classmates who accused him of stealing their idea for Facebook, a battle made more famous recently in the movie "The Social Network." |
Reuters reports
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| Upcoming |
| 'Color of Justice' program to encourage women minorities to consider law |
| Supreme Court Justice Sharon Lee will join several female attorneys this Saturday in Knoxville to encourage female minority high school students to consider legal careers.
With Lee on the "Color of Justice" panel at the Duncan School of Law will be
Tasha Blakney, attorney at Eldridge & Blakney; Ta Kisha Fitzgerald, assistant district attorney; LaKenya Middlebrook, attorney and director of the YWCA Phyllis Wheatley Center; Jhasta Moore, attorney at The Bosch Law Firm; Linda Shea of Lexis Nexis and four students from the University of Tennessee College of Law.
The
National Association of Women Judges (NAWJ) is partnering with the YWCA of Knoxville to host this
event. |
Download more information
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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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