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| Thursday, May 12, 2011 |
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Senate approves tort revisions bill
The state Senate adopted Gov. Bill Haslam's sweeping tort revisions proposal today, capping noneconomic and punitive damages in cases where injury or death occur as a result of negligence or wrongful activity. During the four-hour debate, bill supporters argued the changes would bring new jobs to Tennessee by eliminating the potential for large jury awards, while opponents recounted horror stories of those who have been victimized by wrongdoers. The final vote of 21-12 was mostly along party lines with two exceptions: Sen. Douglas Henry, D-Nashville, voted yes, while Sen. Mike Faulk, a Republican trial lawyer from Kingsport, voted no. The House had approved the bill 74-24 on Monday.
The Nashville City Paper details today's debate
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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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STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES, v. T.L.B., et al., IN THE MATTER OF: B.L.H., (DOB 4/27/2008) and A.D.H., (DOB 4/27/2008), Children Under Eighteen (18) Years of Age
Court: TCA
Attorneys:
Ginna S. Kennedy, Johnson City, Tennessee, for the appellant, T.L.B.
Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General, and Lindsey O. Appiah, Assistant Attorney General, Nashville, Tennessee, for the appellee,
State of Tennessee, Department of Children's Services.
Judge: FRANKS
In this action to terminate the parental rights of the mother to the two minor children, the Trial Court, after hearing evidence, held that the statutory grounds for termination of the mother's parental rights were established by clear and convincing evidence, and that it was in the best interest of the children that the mother's parental rights be terminated. The mother appealed and on appeal we affirm the Judgment of the Trial Court and remand.
http://www.tba2.org/tba_files/TCA/2011/blh_051211.pdf
KENNETH CARPENTER, v. DAVID METLER, et al.
Court: TCA
Attorneys:
Russell L. Egli, Knoxville, Tennessee, for the appellant, Kenneth Carpenter.
Matthew Joshua Evans, Knoxville, Tennessee, for the appellees, David Metler, State Farm
Insurance and Cortese Tree Specialist, Inc.
Judge: PER CURIAM
This appeal is pending before the Court on a "Motion to Dismiss the Appeal from a non-final Judgment." Upon consideration of the record and the response of the plaintiff, this Court is without jurisdiction to consider an appeal of this case and, accordingly, the appeal is hereby Ordered dismissed, with the cost of the appeal assessed to Kenneth Carpenter.
http://www.tba2.org/tba_files/TCA/2011/carpenterk_051211.pdf
CHERYL ANN GUNN v. NICHOLAS GRAHAM GUNN
Court: TCA
Attorneys:
James D. R. Roberts, Jr. and Janet L. Layman, Nashville, Tennessee, for the appellant, Cheryl Ann Gunn.
E. Covington Johnston, Jr., Franklin, Tennessee, for the appellee, Nicholas Graham Gunn.
Judge: DINKINS
In this post-divorce proceeding, the mother appeals the trial court's calculation of the father's child support obligation. The trial court found that residential lease and car lease payments paid by father's employer should be excluded from the calculation of father's income for child support purposes. Finding that the trial court erred in excluding the payments from the calculation of the father's income, the judgment is vacated in part and the case remanded for reconsideration of the father's support obligation.
http://www.tba2.org/tba_files/TCA/2011/gunnc_051211.pdf
GERARDO GOMEZ v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Grace I. Gardiner, Knoxville, Tennessee, for the appellant, Gerardo Gomez.
Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Senior Counsel; and Randall Eugene Nichols, District Attorney General, for the appellee, State of Tennessee.
Judge: THOMAS
The Petitioner, Gerardo Gomez, appeals as of right from the Knox County Criminal Court's summary denial of his petition for post-conviction relief. In 1997, the Petitioner pled guilty
to possession with intent to sell not less than 10 pounds nor more than 70 pounds of marijuana, a Class D felony, and received a sentence of 24 months, suspended to probation.
As a result of his conviction, the Petitioner, who had been granted legal permanent residency status in 1990, was removed from the United States. The Petitioner then illegally re-entered the United States and was arrested. The Petitioner filed a petition for post-conviction relief, alleging that his trial counsel was ineffective for failing to advise him of the deportation consequences of pleading guilty. The post-
conviction court summarily dismissed the petition, concluding that the petition was untimely. On appeal, the Petitioner contends that his claim is based on a constitutional right that did not exist at the time he pled guilty and that he is entitled to post-conviction relief from this court. Following our review, we affirm the judgment of the post-conviction court.
http://www.tba2.org/tba_files/TCCA/2011/gomezg_051211.pdf
STATE OF TENNESSEE v. BOBBY JACKSON
Court: TCCA
Attorneys:
Laurie W. Hall, (on appeal and at trial), Memphis, Tennessee; and Juni Ganguli (at trial), Memphis, Tennessee, for the appellant, Bobby Jackson.
Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; William L. Gibbons, District Attorney General; and Colin Campbell and Chris Scruggs, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: MCLIN
A Shelby County jury convicted the defendant, Bobby Jackson, of first degree murder in the perpetration of a robbery and especially aggravated robbery, a Class A felony. The trial court sentenced him to life imprisonment for the first degree murder conviction and to twenty years for the especially aggravated robbery conviction, to be served concurrently in the Tennessee Department of Correction. On appeal, the defendant argues that the evidence was
insufficient to sustain his convictions, that the trial court erred by admitting into evidence the videotaped preliminary hearing testimony of an allegedly unavailable witness, that the trial court erred by allowing the jury to view the videotaped testimony in the jury room during deliberations, and that the trial court erred by admitting into evidence a letter purportedly written by the defendant. Following our review, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/jacksonb_051211.pdf
JUSTIN MATHIS v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Robert Brooks, Memphis, Tennessee, for the appellant, Justin Mathis.
Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; William L. Gibbons, District Attorney General; and Brook Yelverton, Assistant
District Attorney General, for the appellee, State of Tennessee.
Judge: MCLIN
A jury convicted the petitioner, Justin Mathis, of first degree murder. The trial court sentenced him to life imprisonment. On direct appeal, this court upheld the petitioner's
conviction and sentence. The petitioner filed a petition for post-conviction alleging ineffective assistance of counsel. The post-conviction court denied relief, and the petitioner
now appeals. Following a review of the parties' briefs, the record, and applicable law, we affirm the denial of post-conviction relief.
http://www.tba2.org/tba_files/TCCA/2011/mathisj_051211.pdf
STATE OF TENNESSEE v. GARY THOMAS REED
Court: TCCA
Attorneys:
David Neal Brady, District Public Defender and John B. Nisbet, III, Assistant Public Defender (on appeal), and Howard L. Upchurch, Pikeville, Tennessee (at trial), for the appellant, Gary Thomas Reed.
Robert E. Cooper, Jr., Attorney General and Reporter; Matthew Bryant Haskell, Assistant Attorney General; Randall A. York, District Attorney General; and Amanda M. Hunter,
Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: THOMAS
Following a jury trial, the Defendant, Gary Thomas Reed, was convicted of initiating the process of manufacturing methamphetamine, a Class B felony. The Defendant was
sentenced as a Range II, multiple offender to 16 years in the Tennessee Department of Correction. In this appeal as of right, the Defendant contends (1) that the evidence was
insufficient to sustain his conviction; (2) that the trial court erred in permitting expert testimony; (3) that the trial court erred in permitting lay opinion testimony; (4) that the trial
court erred in permitting testimony from a witness who had not been disclosed to defense counsel; (5) that the trial court erred by failing to permit testimony from a potential defense
witness; (6) that the trial court erred in denying the motion for new trial; and (7) that the trial court erred in sentencing the Defendant. Following our review, we affirm the conviction and sentence but remand the case for the entry of a corrected judgment consistent with this opinion.
http://www.tba2.org/tba_files/TCCA/2011/reedg_051211.pdf
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| TODAY'S NEWS |
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Legal News
Passages
General Assembly News
Congressional News
Upcoming
Disciplinary Actions
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TBA Member Services
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| Legal News |
| Judge: Recorded jail calls are privileged |
| A federal judge ruled Wednesday that phone calls between inmates and attorneys at the Nashville jail are protected by attorney-client privilege. U.S. District Judge William J. Haynes Jr. also found that federal prosecutors erred when they turned the evidence over to defense lawyers without removing identifying information about underage victims. Haynes and his staff are redacting the material and are working with the sheriff's office to install a separate non-recorded phone line in the jail for inmates to use when calling their lawyers.
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The Tennessean reports the story
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| Court clerk failed to file budget for two years |
| Davidson County Criminal Court Clerk David Torrence is back in the news today after an investigative report revealed that he has not filed a monthly budget report with the city of Nashville for two years. Earlier this week, a Metro Nashville Council committee voted to authorize an audit of Torrence's office and a councilman filed a resolution calling on the Criminal Court to remove Torrence. The resolution cites a provision of the state constitution that allows a court to remove its clerk for incapacity, neglect of duty or misbehavior in office. The council will consider the resolution next Tuesday. |
Read more about these efforts from WSMV News 4
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| School merger gets first day in open court |
| The fight over merging Shelby County's city and suburban schools had its first day in open court today as lawyers made arguments in a federal lawsuit filed by Shelby County Schools. Allan Wade, attorney for the Memphis City Council, said attempts at mediation with U.S. District Judge Samuel Hardy Mays ended last week without a compromise. |
The Commercial Appeal reports
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| Health law fight comes to 6th Circuit |
| The fight over President Obama's healthcare law will come to the U.S. 6th Circuit Court of Appeals next month when the court hears arguments about whether the law is constitutional. The three judges that will hear the case were randomly chosen for the panel. The case originated in Michigan -- one of four states that make up the 6th Circuit.
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Cincinnati.com has the story
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| County club membership OK court says |
| The 6th U.S. Circuit Court of Appeals narrowly ruled that U.S. Bankruptcy Judge George Paine II's membership in the Nashville area Belle Meade Country Club is not a violation of the judicial code of conduct, even though the club has never had a woman or a black man as a full-fledged member. The decision focused on Paine's unsuccessful attempts to diversify the club, finding that his efforts "preclude a finding that he has engaged in misconduct." |
Read more in the Leaf Chronicle
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| State presidential primary moved back one month |
| Gov. Bill Haslam has signed a law moving Tennessee's presidential primary from the first Tuesday of February to the first Tuesday of March. The change comes in response to pressure from the national political parties, and the state's experience of low candidate interest in the last presidential election campaign. |
Read more from WSMV News 4
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| Passages |
| Services set for Memphis lawyer William Walsh |
| Visitation and services will be held tonight and tomorrow for Memphis lawyer William M. Walsh, who died May 11 at the age of 90. Tonight, the family will receive visitors from 5 to 7 p.m. at Canale Funeral Directors. A funeral mass will be held Friday at 10 a.m. at St. Peter Catholic Church. Burial will follow in Calvary Cemetery. The family requests that in lieu of flowers donations be made to Catholic Charities of West Tennessee or the Alzheimer's Association. |
The Commercial Appeal has more
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| Jackson lawyer dies |
| Longtime Jackson attorney John Van Den Bosch Jr. died May 10. He had served clients throughout West Tennessee for over 50 years in the areas of bankruptcy, foreclosure, repossession, wills, estate planning and probate. Prior to becoming a bankruptcy attorney, Van Den Bosch worked for 30 years as a trustee, handling thousands of bankruptcies. He earned his law degree in 1955 from the University of Mississippi School of Law. Arrangements, which are pending, are being handled by the Lawrence-Sorensen Funeral Home. |
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| General Assembly News |
| Foreclosure bill approved |
| The state House today voted 72-19 to pass HB1920 to reduce the length and frequency of foreclosure notices published in Tennessee newspapers. The bill, sponsored by Rep. Jimmy Matlock, R-Lenoir City, must still be considered by the full Senate.
In an editorial today, the Daily News Journal argued that the legislature should reject the bill, saying it is "already quite easy for lenders to foreclose" in the state and that reducing the notice period will hurt struggling homeowners.
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WSMV News 4 reports on the legislative action
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| Sponsor delays immigration bill to address cost |
| The House sponsor of legislation that would allow law enforcement agents in Tennessee to question suspects about their immigration status says he's trying to make the proposal financially feasible. Rep. Joe Carr, R-Lascassas, also must deal with an opinion from Tennessee Attorney General Bob Cooper that the proposal could violate federal and state constitutions.
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The Memphis Daily News reports
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| Congressional News |
| Senators block nominee for Justice Department post |
| Republicans in the U.S. Senate this week blocked the confirmation of James Cole to be deputy attorney general. GOP senators cited continuing questions about Cole's position on using civilian courts rather than military panels to try terrorism suspects. The position of deputy AG is the second most important position in the department and is responsible for anti-terrorism plans. First appointed during a congressional recess, Cole may serve through the end of the year but needs Senate confirmation to stay beyond that point.
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WREG-TV Memphis has the story
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| Upcoming |
| Fundraiser Friday for CASA |
| A fundraiser for the Dyer-Lake CASA program will be held May 13 from 5:30-7:30 p.m. at the King Mansion in Dyersburg. The event, "Cupcakes for CASA," will feature cupcakes, chocolate and champagne in an elegant setting. Tickets are $20 and may be purchased by calling Gay Carole Wagner at (731) 285-2017 or Leah Kieser in Lake County at (731) 264-5794.
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Read about the event in the Dyersburg State Gazette
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| Disciplinary Actions |
| Sullivan County attorney censured |
| On April 27, Sullivan County attorney Steven Carl Frazier was censured for failing to
communicate with clients and opposing counsel, failing to prepare a complaint for clients and failing to take action on his clients' behalf. In imposing the censure, the Board of Professional Responsibility noted that Frazier has prior public discipline of a similar nature.
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Download the BPR notice
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| Wilson County lawyer censured |
| On April 27, Wilson County lawyer Mark W. Henderson was censured for failing to refund a $2,000 retainer after the client became dissatisfied with his work, and for failing to participate in a fee dispute process at the request of the Board of Professional Responsibility. In imposing the censure, the board noted that Henderson has prior public discipline of a similar nature.
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Read the BPR's press release
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| Career Opportunities |
| Healthcare lawyer needed in Nashville |
| Counsel On Call is currently interviewing attorneys who have healthcare billing experience for a long-term, reduced-hour position with a healthcare company in the Nashville area. Hours may fluctuate significantly. Some travel required. The ideal candidate will have significant healthcare operations experience and Medicare billing experience. Big firm and in-house experience also is strongly preferred. Interested candidates should send resumes to patty.wise@counseloncall.com. |
Learn more on JobLink
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| TBA Member Services |
| Use the TBA rewards card |
| A Tennessee Bar Association Platinum Plus MasterCard credit card from Bank of America rewards you for the things you buy anyway. You also have the chance to show your support for Tennessee Bar Association every time you present your card. To apply, call toll-free 1.866.438.6262 or |
click here for more 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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