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| Friday, April 15, 2011 |
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Judge Wallace's body found after apparent fishing accident
Officials have recovered the body of retired Circuit Court Judge Allen Wallace Sr. who disappeared while fishing on the Tennessee River.
Humphreys County public information spokeswoman Gray Collier said Tennessee Wildlife Resources Agency officers recovered the body in the river at about 12:30 p.m. today (Friday).
The 74-year-old Wallace was fishing alone, and Collier said his glasses were found outside the boat. No foul play is suspected.
Wallace graduated from the YMCA Night Law School an was licensed in 1967. He retired in 2003 from the 23rd Judicial Circuit bench and had sat as a special judge on some cases since then.
"Judge Wallace had a deep knowledge of the law, but also brought a lot of common sense to the bench," Chief Justice Cornelia A. Clark said in a statement today. "He always stepped up when needed, filling in on cases from one end of the state to the other. He served willingly and graciously -- truly, a model judge and person. He will be sorely missed."
WSMV has more on this story
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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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VIVIAN KENNARD v. ARTHUR M. TOWNSEND, IV, M.D., ET AL.
Court: TCA
Attorneys:
Al H. Thomas and Aaron L. Thomas, Memphis, Tennessee, for the appellant, Vivian Kennard.
William H. Haltom, Jr., and Margaret F. Cooper, Memphis, Tennessee, for the appellees, Arthur M. Townsend, IV, M.D., and Associates Obstetrics & Gynecology, P.C.
Judge: STAFFORD
This is a medical malpractice case. The trial court granted summary judgment in favor of Appellee healthcare provider after its determination that Appellant patient's medical expert
did not meet the locality requirement, Tennessee Code Annotated Section 29-26-115(a)(1). Discerning no error, we affirm and remand.
http://www.tba2.org/tba_files/TCA/2011/kennardv_041511.pdf
BARRY OGLE, v. BEN SEIGLER, D/B/A BEN'S BOBCAT
Court: TCA
Attorneys:
Jennifer L. Chadwell, Oak Ridge, Tennessee, for the appellant, Ben Seigler.
Steven E. Marshall, Sevierville, Tennessee, for the appellee, Barry Ogle.
Judge: FRANKS
In this breach of contract action, the defendant appealed the Judgment of the Trial Court, who entered a monetary judgment against defendant and awarded attorney's fees. Defendant has appealed, and on appeal we reverse the award of attorney's fees, vacate the Trial Court's Judgment and remand, with directions for the parties or the Court to prepare a complete Statement of Evidence.
http://www.tba2.org/tba_files/TCA/2011/ogleb_041511.pdf
STATE OF TENNESSEE v. JOHN M. BAILEY
Court: TCCA
Attorneys:
John T. Sholly, Knoxville, Tennessee, for the appellant, John M. Bailey.
Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; James Dunn, District Attorney General; and Charles Murphey, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: TIPTON
The Defendant, John M. Bailey, pled guilty to aggravated assault, a Class C felony, and failure to appear, a Class E felony. See T.C.A. sections 39-13-102 (Supp. 2009) (amended 2010), 39-16-609 (2010). He was sentenced as a Range III, persistent offender to ten years' confinement for aggravated assault and a consecutive four-year sentence for failure to
appear. On appeal, he contends that the trial court erred during sentencing by affording undue weight to enhancement factors and by failing to apply mitigating factors supported by
the evidence. Without the guilty plea hearing transcript, we presume the trial court's determinations were correct. We affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/baileyj_041511.pdf
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| TODAY'S NEWS |
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Legal News
General Assembly News
Correction
TBA Member Services
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| Legal News |
| Bar exam results now available |
| Results from the February Tennessee state bar exam are now available. |
Read the bar exam results now
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| Editorial: Need for damages caps is perception, not reality |
| In an editorial, the Daily News Journal says that Gov. Haslam's proposed
plan that would set a limit of $750,000 on non-economic damages and $500,000 on punitive damages, is not needed.
"Common sense dictates reform is warranted when there is a problem," the paper writes. "But there are facts that show there is not a growing problem with such abuse, but rather a perception of it." |
Read the editorial
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| Court overturns some of Ford's convictions |
| Although a three-judge panel of the 6th U.S. Circuit Court of Appeals overturned some federal convictions against former state Sen. John Ford,
he will remain in prison to finish serving a 5-and-a-half year sentence for a bribery conviction. Ford was convicted in 2008 for failing to disclose payments he accepted from contractors with TennCare.
The court ruled Thursday that the federal government didn't have jurisdiction on those matters even though TennCare receives federal funds because the disclosures were required by the state Senate and election finance registry. |
The Tennessean has the story
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| Sharp Senate vote scheduled for May 2 |
| NashvillePost.com reports that the U.S. Senate is scheduled to act on Nashville attorney Kevin Sharp's nomination to the post of U.S. District Judge for the Middle District of Tennessee when it returns on May 2. |
NashvillePost.com has more [subscription required]
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| Businesses form group to oppose judicial elections |
| A fight over how the state picks its judges has some of Middle
Tennessee's business heavyweights trying to block legislation they
contend would make the court system unpredictable and political. Nashville attorney Gif
Thornton represents
Tennesseans for Fair and Impartial Courts, a group of business people,
attorneys and judges fighting the change.
The group's business notables include current or former executives
with HCA Inc., Bridgestone Americas Inc. of Nashville and Tennessee
Farmers Insurance Companies of Columbia, the providers of Farm Bureau
insurance. |
The Nashville Business Journal has more [subscription required]
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| Suit challenging National Day of Prayer dismissed |
| A three-judge panel of the 7th U.S. Circuit Court of Appeals on Thursday threw out a ruling that the National Day of Prayer is unconstitutional. The judges ordered that a lawsuit challenging President Barack Obama's right to proclaim the day be dismissed. |
The Tennessean carried this AP story
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| DEA now checking South Carolina's thiopental supply |
| Georgia, Kentucky and Tennessee are already being watched by the Drug Enforcement Administration for
acquiring thiopental made overseas -- the DEA is investigating whether the states' drug supplies were imported in accord with federal laws. Now South Carolina has been added to that list. Thiopental is a drug used by states for executions and has been in short supply lately. |
Read more in the Wall Street Journal
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| General Assembly News |
| Watson to be speaker pro tempore |
| Sen. Bo Watson, a Republican from the Chattanooga community of Hixson, will be speaker pro tempore after the legislature adjourns for the year, according to a press release from Lt. Gov. Ron Ramsey.
Watson will take over from Knoxville Sen. Jamie Woodson, who announced Thursday she will resign this summer to take a job as president and chief executive of Score, the education reform group set up by former U.S. Sen. Bill Frist.
Watson is currently the chairman of the Senate Government Operations Committee. |
The Tennessean's political blog reported the news
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| Correction |
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| An item in yesterday's issue of TBA Today indicated that the Tennessee Valley Authority (TVA) agreed to spend
significant funds on new or upgraded pollution controls as part of a
settlement with the Environment Protection Agency. However, the story
inadvertently discounted the amount by millions of dollars. Under the
agreement, TVA will spend $3 to $5 billion (not million) on this activity.
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Read more about the settlement from the Blog of Legal Times
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| TBA Member Services |
| Let JobLink help you with your next career move |
| A career service for Tennessee attorneys and law students, TBA JobLink is a job seeking and recruitment tool available at no charge. Whether you have a position to fill or are seeking employment, this site will guide you through a simple process to post your information.
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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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