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| Friday, June 24, 2011 |
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Blackwood sealed records to 'protect integrity' of case
The News Sentinel on Thursday won the right to review records related to former Criminal Court Judge Richard Baumgartner that had been filed under seal in the case of Christopher Gibson, a felon under Baumgartner's legal thumb who has confessed violating his probation by selling pills to the former judge.
The unsealed records were not from the TBI files but instead were drafted by Gibson's defenders in an effort to both earn him a sentencing break and send Baumgartner to the witness stand on Gibson's behalf.
Baumgartner's attorney, Donald A. Bosch, has said "much" of what Gibson alleged is untrue but declined further clarification.
On Thursday,
Special Judge Jon Kerry Blackwood said he had not sealed the records to protect Baumgartner, as some suspected, but to protect the integrity of the prosecution of the January 2007 torture slayings of Channon Christian and Christopher Newsom, a high-profile case in which Baumgartner presided.
Learn more from the News Sentinel
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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.
01 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
04 - TN Court of Appeals
01 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
04 - TN Supreme Court - Disciplinary Orders
You can obtain full-text versions of the opinions two ways. We recommend that you download the Opinions to your computer and then
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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.
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TIMMY SYKES ET AL. v. CHATTANOOGA HOUSING AUTHORITY ET AL.
With Concurring Opinion
Court: TSC
Attorneys:
Michael A. Anderson, Chattanooga, Tennessee, for the appellants, Timmy Sykes and Curtis Greene.
Larry L. Cash, Stacie L. Caraway, and Robert P. Parsley, Chattanooga, Tennessee, for the appellees, Chattanooga Housing Authority and Jeff Hazelwood.
Judge: LEE
The plaintiffs, former employees of the Chattanooga Housing Authority ("CHA"), brought retaliatory discharge actions against the CHA and the Chief of the CHA Public Safety Department, pursuant to the Tennessee Public Protection Act, Tennessee Code Annotated section 50-1-304 (2008 & Supp. 2010), and the Tennessee Human Rights Act ("THRA"), Tennessee Code Annotated section 4-21-301 (2005). The trial court granted the defendants summary judgment on all claims. On appeal, the Court of Appeals vacated summary judgment on the THRA claim, finding genuine issues of material fact, and affirmed the trial court's judgment in all other respects. We affirm the grant of summary judgment on the
Tennessee Public Protection Act claims because the undisputed facts establish that the plaintiffs cannot prove the essential element of an exclusive causal relationship between the plaintiffs' whistleblowing activity and their discharge, as required by the statute. We also affirm the Court of Appeals' ruling vacating summary judgment in defendants' favor on the
THRA claims because there are genuine issues of disputed fact making summary judgment improper.
http://www.tba2.org/tba_files/TSC/2011/sykest_062411.pdf
KOCH concurring
http://www.tba2.org/tba_files/TSC/2011/sykest_CON_062411.pdf
ANDREW J. BRADEN, III v. TENNESSEE DEPARTMENT OF CORRECTION, ET AL.
Court: TCA
Attorneys:
Andrew J. Braden, III, pro se appellant.
Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; and David S. Sadlow, Assistant Attorney General; for the appellee, Tennessee Department of Correction.
Judge: SWINEY
This case stems from a disciplinary action taken against a prisoner, Andrew J. Braden, III ("Braden"), by the Tennessee Department of Correction ("TDOC"). Braden filed a petition for writ of certiorari in the Chancery Court for Hickman County ("the Trial Court"). The
Trial Court denied the requested relief and dismissed the petition for writ of certiorari. Braden appeals, arguing that (1) the disciplinary board denied him his due process rights by appointing him an advisor who was unfamiliar with disciplinary policy and procedures, and
(2) that substantial deviations from TDOC policy deprived Braden of a fair hearing. We affirm the judgment of the Trial Court.
http://www.tba2.org/tba_files/TCA/2011/bradena_062411.pdf
GENEIL HAILEY DILLEHAY v. VELMER JEAN GIBBS
CORRECTIONS ARE AS FOLLOWS: Font size reduced on pages four (4) and five (5), resulting in pagination change. Thus a complete corrected opinion is attached.
Court: TCA
Attorneys:
John D. Kitch, Nashville, Tennessee, for the appellant, Geneil Hailey Dillehay.
Jacky O. Bellar and Jamie D. Winkler, Carthage, Tennessee, for the appellee, Velmer Jean Gibbs.
Judge: STAFFORD
In this boundary line dispute, Plaintiff-Appellant argues that the trial court erred by relying on the survey of Defendant-Appellee's expert and not on the surveys proffered by Plaintiff-Appellant's experts in determining the boundary. After a thorough review of the record, we
conclude that the evidence does not preponderate against the trial court's decision. Consequently, we affirm.
http://www.tba2.org/tba_files/TCA/2011/dillehayg_032411.pdf
BARRY W. RITCHIE v. WILLIAM E. HASLAM, GOVERNOR OF THE STATE OF TENNESSEE, ET AL.
Court: TCA
Attorneys:
Barry W. Ritchie, Wartburg, Tennessee, Pro Se.
Robert E. Cooper, Jr., Attorney General and Reporter, Joseph F. Whalen, Associate Solicitor General, and Mark A. Hudson, Senior Counsel, for the appellees, William E. Haslam, Governor of the State of Tennessee; Robert E. Cooper, Jr., Attorney General and Reporter for the State of Tennessee; and Hamilton County, Tennessee.
Judge: DINKINS
Petition for declaratory judgment was filed seeking a declaration as to whether petitioner was entitled under Article 1, Section 9 of the Tennessee Constitution to a hearing on his contention that the court from which he was convicted lacked territorial jurisdiction. Trial
Court granted motion to dismiss on the ground that the petition failed to state a claim for relief under the Declaratory Judgment Act. We affirm the dismissal of the petition.
http://www.tba2.org/tba_files/TCA/2011/ritchieb_062411.pdf
ADMIRAL WEBSTER v. PSYCHEMEDICS CORPORATION
Court: TCA
Attorneys:
Brian E. Nichols, Loudon, Tennessee, and J. Timothy Bobo and Ryan C. Edens, Clinton, Tennessee, for the appellant, Admiral Webster.
Charles H. Hollis, New Orleans, Louisiana, and Elmer E. White, III, Birmingham, Alabama, for the appellee, Psychemedics Corporation
Judge: MCCLARTY
The plaintiff's employment was terminated by the employer for violation of the company's drug testing policy. The plaintiff alleged negligence against the defendant, a biotechnology company with independent laboratory facilities providing hair testing for the detection of drugs and providing drug-testing services to the plaintiff's former employer. The trial court granted the defendant's motion for summary judgment. The plaintiff appeals. We reverse.
http://www.tba2.org/tba_files/TCA/2011/webstera_062411.pdf
STATE OF TENNESSEE v. RICHARD LOWELL BLANCHARD
Court: TCCA
Attorneys:
Hershell D. Koger, Pulaski, Tennessee (at trial and on appeal);Michael J. Collins, Assistant Public Defender (at trial), for the appellant, Richard Lowell Blanchard.
Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Charles Crawford, District Attorney General; and Richard Cawley, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WITT
A Bedford County Circuit Court jury convicted the defendant of one count of aggravated robbery, see T.C.A. 39-13-402(a)(1) (2006), for which he received a sentence of 11 years' incarceration. In addition to challenging the sufficiency of the evidence to support his conviction, the defendant argues on appeal that the trial court erred by (1) denying his motion to suppress the photographic lineup identification, (2) denying his motion to suppress evidence, (3) allowing testimony concerning an officer's identification of him as a suspect,
(4) denying his motion to recuse the trial judge, (5) denying his motions for mistrial, and (6) ordering his sentence to be served consecutively to previously imposed sentences. Discerning no reversible error, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/blanchardr_062411.pdf
IN RE: KATHLEEN L. CALDWELL, BPR 009916
Court: TSC-Disciplinary_Order
Judge: CLARK
Censure
http://www.tba2.org/tba_files/TSC/2011/caldwellk_062411.pdf
MITCHELL JEFFERY FERGUSON, BPR 024960
Court: TSC-Disciplinary_Order
Judge: CLARK
Censure
http://www.tba2.org/tba_files/TSC/2011/fergusonm_062411.pdf
IN RE: LARRY E. FITZGERALD, BPR 010953
Court: TSC-Disciplinary_Order
Judge: CLARK
Suspension
http://www.tba2.org/tba_files/TSC/2011/fitzgeraldl_062411.pdf
IN RE: CAROLYN DIANE GREENWOOD, BPR 011510
Court: TSC-Disciplinary_Order
Judge: CLARK
Reinstatement Denied
http://www.tba2.org/tba_files/TSC/2011/greenwoodc_062411.pdf
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| TODAY'S NEWS |
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Legal News
U.S. Supreme Court
Career Opportunities
Disciplinary Actions
TennBarU CLE
TBA Member Services
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| Legal News |
| Immigration suit moves forward |
| U.S. District Court Judge Kevin H. Sharp has advanced a lawsuit challenging Metro Nashville's authority to investigate the immigration status of jail inmates and determine whether to turn them over for federal deportation proceedings.
Nashville immigration attorney Elliott Ozment argues that the Davidson County Sheriff's Office's participation in a U.S. Immigration and Customs Enforcement program violates the 1963 charter that consolidated city and county governments. The charter stripped the sheriff's office of most of its law enforcement powers, but left it in charge of Nashville's jails.
The ruling is an important victory for Ozment that will allow him to pursue an expanded case in federal court. |
Tennesseean has the story
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| Former Knox commissioner to run for law director |
| Richard "Bud" Armstrong announced Thursday that he's a candidate for Knox County law director on the 2012 ballot.
Armstrong is a lawyer and a former Knox County commissioner. |
The News Sentinel has details
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| New anti-crime laws take effect next week |
| The General Assembly passed several bills cracking down on illegal drugs, sex offenders, gang violence, terrorism, and domestic violence before adjourning the 2011 legislative session. The new laws will take effect July 1, as well as two key bills dealing with the court process. |
Learn more from the Cannon Courier
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| Editorial: Wal-Mart ruling a blow to class action |
| In an editorial, the Commercial Appeal comments on the U.S. Supreme Court's ruling this week that Wal-Mart
employees may not pursue a class-action discrimination case.
"There has to be a better judicial mechanism to resolve plausible claims of widespread discrimination," the paper says.
"This considerably raises the bar in cases where the discrimination is not a written policy but an unspoken understanding of an unfair corporate culture." |
Read the editorial
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| Vogel to lead airport board |
| Knoxville attorney and former TBA President Howard Vogel this week was elected to chair the Metropolitan Knoxville Airport Authority.
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Read more from Knox News
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| Judge gives 10 years of holiday sentences for vehicular homicide |
| Nashville's Criminal Court Judge Mark Fishburn has sentenced a woman to spend the next 10 Christmases and Father's Days in jail rather than serve her time all at once for vehicular homicide by intoxication.
On Thursday he sentenced Katrina Cornwell for the October 2009 death of Eddie McCreery on Interstate 40 in Nashville.
Additionally, on the dates of McCreery's birth and death she is to speak at a school about the dangers of drinking and driving. The judge also revoked her license for at least three years.
McCreery, a tow truck driver, was struck on the shoulder of the road while loading his daughter's disabled car. WREG.com carried the AP story. |
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| Lawyer profile: Brian Faughnan |
| Memphis lawyer Brian Faughnan focuses his practice on ethics as well as first amendment law, media law and business litigation. Representing lawyers in ethics matters is an honor, he says, one that also helps him learn more in different areas.
"I almost end up being a general practitioner by proxy because I'm always just one lawyer representation away from learning a little something about tax law, or immigration law or areas I otherwise wouldn't practice in on a daily basis." |
Read more in the Daily News Journal
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| U.S. Supreme Court |
| Court gives drug companies two thumbs up |
| The U.S. Supreme Court gave the pharmaceutical industry a pair of victories, shielding the makers of generic drugs from most lawsuits by injured patients and declaring that drug makers have a free-speech right to buy private prescription records to boost their sales pitches to doctors. |
The Los Angeles Times has the story
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| Career Opportunities |
| Associate sought in Bristol |
|
Virginia-based PennStuart is seeking an associate attorney to defend
workers' compensation claims in its Bristol, Tenn., office. Candidates should
have two years of experience.
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Learn more on JobLink
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| Disciplinary Actions |
| Collierville lawyer reinstated |
| Collierville lawyer LaTrena Davis Ingram was reinstated to the practice of law on June 21 after paying required BPR fees and associated late penalties. No further order from the court was necessary for her reinstatement. |
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| Memphis lawyer censured |
| Shelby County lawyer Kathleen L. Caldwell was censured by the Tennessee Supreme Court
for violating the Rules of Professional Conduct by resuming the practicing law prior to paying the costs of her disciplinary proceedings as required by the Supreme Court's Order of Enforcement. Her actions violated Rules of Professional Conduct 1.16(a)(1)(Declining and Terminating Representation), 5.5(a)(Unauthorized Practice of Law) and 8.4 (Misconduct). |
Download the court's order
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| Rutherford County lawyer censured |
| Rutherford County lawyer Mitchell Jeffery Ferguson was censured and ordered to pay $3,280 in restitution to three former clients for
violating Tennessee Supreme Court Rule 8, Rules of Professional Conduct 1.3 (diligence); 1.4 (communication); 1.5 (fees); 1.7 (conflict of interest); 1.16 (terminating representation); 8.1 (disciplinary matters), and 8.4 (misconduct). |
Download the court's order
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| Memphis lawyer suspended |
| On June 21 Shelby County lawyer Larry E. Fitzgerald was suspended by the Tennessee Supreme Court for 90 days pursuant to Supreme Court Rule 9, Section 4.2. |
Download the court's order
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| Lawyer must take exams before reinstatement |
| In a June 23 order, the Tennessee Supreme Court denied a petition by Carolyn Diane Greenwood for reinstatement, calling it "premature" until she passes both the Tennessee Bar Examination and the
Multistate Professional Responsibility Examination. She is scheduled to take both tests this summer.
Greenwood voluntarily assumed inactive status in 1988. |
Download the court's order
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| TennBarU CLE |
| Learn impact of major tort revisions on your practice |
| Drastic statutory changes to Tennessee tort law will become effective Oct. 1, profoundly altering tort practice for Tennessee lawyers. The new law limits liability in many ways, including capping general damages for personal injuries and wrongful death, and limiting the amount of punitive damages that may be imposed for reckless, malicious, fraudulent, or intentional misconduct. To guide you through these changes, the Tennessee Bar Association's Tort and Insurance Practice Section will present a full-day seminar focused on the revisions to Tennessee tort law. Hear from experienced speakers as they provide insight on these changes on Aug. 12 at the Tennessee Bar Center in Nashville. |
Learn more or register now
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| TBA Member Services |
| New solutions for your insurance needs |
| Working with Graham Swafford III, the TBA Member Insurance Solutions Program is able to provide members with exclusive benefits, personalized service, and pricing discounts for disability income insurance, business overhead expense insurance, life and long-term care insurance with other employee related benefits. TBA Member Insurance Solutions can also provide an objective review of your current health insurance program, evaluate your needs, and recommend the most cost effective solution. |
Learn more about TBA Insurance Solutions now
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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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