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Wednesday, July 06, 2011

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Opinion: Court term was winner for First Amendment

The First Amendment Center at Vanderbilt University writes in a white paper that the recent term of the U.S. Supreme Court was a winner for traditional First Amendment doctrine. It cites two key decisions of the term -- Snyder v. Phelps, involving funeral protests, and the violent video game case of Brown v. Entertainment Merchants Association -- in which conservative-led majorities invoked the court's liberal-era of free-speech protection. The paper cites several other cases and concludes: "To say that a classic First Amendment argument is a sure winner before the current Court just about says it all."

Read more from the center's website

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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00 - 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 open them from there. 1) Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file 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.

BARBARA ANN HARVILLE v. EMERSON ELECTRIC COMPANY

Court: TWCA

Attorneys:

Robin H. Rasmussen and James O. Evans, Memphis, Tennessee, for the appellant, Emerson Electric Company.

Art D. Wells, Jackson, Tennessee, for the appellee, Barbara Ann Harville.

Judge: CHILDRESS

The employee sustained a compensable injury to her arm in 2001. In 2003, she entered into a settlement with her employer that preserved her right to receive reasonable and necessary medical treatment for the injury. In April 2008, the employee's authorized treating physician recommended a diagnostic test. The employer submitted the recommendation to its utilization review provider, which declined to approve the recommended test. The employee and her physician were notified of the denial in May 2008. In June 2009, the employee filed a petition for contempt seeking to have the trial court order the recommended test. The trial court treated the petition as a motion for medical treatment pursuant to Tennessee Code Annotated section 50-6-204(b)(2) (2008). The trial court found the recommended test to be reasonably necessary for the treatment of the injury, ordered the employer to authorize it, and awarded the employee attorney's fees. The employer appealed. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TSC_WCP/2011/harvilleb_070611.pdf

JADA FLACK v. CURTIS McKINNEY

Court: TCA

Attorneys:

Jada Flack, Memphis, Tennessee, pro se.

Margaret R. Styslinger, Memphis, Tennessee, for the appellee, Curtis McKinney.

Judge: HIGHERS

This appeal arises out of dependency and neglect proceedings in which custody of the minor child was awarded to the father. The mother appealed, but she failed to provide this Court with a transcript or statement of the evidence. Due to our inability to review the evidence, we affirm the decision of the lower court.

http://www.tba2.org/tba_files/TCA/2011/flackj_070611.pdf

RICKY LYNN HILL v. TENNESSEE DEPARTMENT OF CORRECTIONS

Court: TCA

Attorneys:

Ricky Lynn Hill, Tiptonville, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter, and Kellena Baker, Assistant Attorney General, for the appellee, Tennessee Department of Corrections.

Judge: DINKINS

Inmate appeals the grant of summary judgment to the Tennessee Department of Corrections in declaratory judgment action wherein inmate sought to be given credit on his sentence for work performed while housed in county jail. Finding no error, we affirm the judgment of the Chancery Court.

http://www.tba2.org/tba_files/TCA/2011/hillr_070611.pdf

ARCHIE STORY v. CIVIL SERVICE COMMISSION OF THE STATE OF TENNESSEE, ET AL.

Court: TCA

Attorneys:

Jonathan R. Perry, Franklin, Tennessee, for the appellant, Archie Story.

Robert E. Cooper, Jr., Attorney General and Reporter, Joseph F. Whalen, Associate Solicitor General, Eugenie B. Whitesell, Senior Counsel, Nashville, Tennessee, for the appellee, Tennessee Civil Service Commission.

Judge: HIGHERS

A highway patrolman was terminated for allegedly deploying a tire deflation device without prior authorization in violation of General Order 412 and for untruthfulness regarding such. On appeal, the trooper argues that his partial extension of the device did not constitute a "deployment." Thus, he contends he did not violate General Order 412, nor was he untruthful when he denied deployment. We affirm the ALJ's finding that the trooper "deployed" the device in violation of General Order 412 and that he was untruthful about doing so. Accordingly, we find there existed substantial and material evidence to support his termination. Additionally, we find that the trial court did not err in denying the trooper's request to admit additional evidence and to supplement his brief.

http://www.tba2.org/tba_files/TCA/2011/storya_070611.pdf

STATE OF TENNESSEE v. ALLEN DOANE

Court: TCCA

Attorneys:

G. Scott Green, Knoxville, Tennessee, for the appellant, Allen Doane.

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Senior Counsel; James B. Dunn, District Attorney General; and Steven R. Hawkins, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: THOMAS

The Defendant, Allen Doane, was indicted on four charges of aggravated sexual battery, a Class B felony. See Tenn. Code Ann. section 39-13-504. On April 25, 2007, the Defendant was convicted by a jury of four counts of sexual battery, a Class E felony. See Tenn. Code Ann. section 39-13-505. The trial court imposed a two-year sentence for each count and ordered all four counts to be served consecutively, for an effective sentence of eight years. The Defendant appealed to this court, and the case was remanded for a new sentencing hearing to determine the length of the sentences and whether they should be served concurrently or consecutively. See State v. Allen Doane, No. E2008-00125-CCA-R3-CD, 2009 WL 21032 (Tenn. Crim. App. Jan. 5, 2009). After a second sentencing hearing, the trial court again imposed two-year sentences for each count and ordered all four counts to be served consecutively, for an effective eight-year sentence. The Defendant then filed a petition for writ of habeas corpus alleging that the judgments in this case were void. Both matters were consolidated into this appeal. In this appeal as of right, the Defendant contends that (1) the judgments in this case are void because the statute of limitations expired prior to the commencement of the prosecution and (2) the trial court erred by imposing consecutive sentences. Following our review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/doanea_070611.pdf

STATE OF TENNESSEE v. KENNETH WEBSTER

Court: TCCA

Attorneys:

James P. DeRossit, IV (on appeal); and John L. Dolan (at trial), Memphis, Tennessee, for the appellant, Kenneth Webster.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; William L. Gibbons, District Attorney General; and Christ West, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The defendant, Kenneth Webster, appeals his Shelby County Criminal Court jury conviction of burglary, a Class D felony, which resulted in his career-offender, Department of Correction sentence of 12 years. The defendant claims that the evidence was insufficient to support his conviction. We disagree and affirm the criminal court's judgment.

http://www.tba2.org/tba_files/TCCA/2011/websterk_070611.pdf

TODAY'S NEWS

Legal News
U.S. Supreme Court
Career Opportunities
TBA Member Services

Legal News

New rules for juvenile offenders take effect

Beginning this month, all juvenile offenders convicted of specific sex crimes in juvenile or family court must register on the Tennessee Sex Offender Registry database maintained by the Tennessee Bureau of Investigation. However, the records will remain closed to the public unless a judge rules otherwise.

Court backs flood victim in rare move

A Nashville bankruptcy judge has sided with a local flood victim over the nation's largest mortgage lender in a decision that could affect disaster victims facing homeowners association fees even after they abandon their homes. The ruling calls into question a 2005 law passed by Congress requiring debtors to be liable for such fees as long as they legally own the home, even if they have abandoned it. Observers point out that this is the first ruling in the country to address the situation created by Congress.

The Tennessean has more

Supervision of homebound offenders cut

Budget cuts to the Hamilton County Community Corrections program means fewer eyes will be watching convicted offenders on house arrest. The county's new budget cuts the salaries of five employees that tracked homebound offenders during nights, weekends and holidays. Now tracking will occur only during business hours on Monday through Friday. General Sessions Judge David Bales said he was not aware of the cuts but suggested that the department not publicize the limited hours of supervision. He also expressed concern saying, "When I sentence someone to house arrest I expect them to be constantly monitored."

The Times Free Press reports

Frost Brown Todd names new leader

Frost Brown Todd LLC has named Mekesha Montgomery as member-in-charge of its Nashville office. In her new role, Montgomery will be responsible for client development initiatives, civic and charitable involvement and community outreach. She also will continue practicing in the firm's labor and employment group.

Clerk questioned for charging extra marriage fee

Davidson County Clerk John Arriola announced changes to his department's practices regarding weddings just hours before NewsChannel 5 aired a critical story. According to the station, Arriola has performed more than 800 weddings in the past year and has charged $40 for couples that want a ceremony performed on-site by him. Those funds went straight to Arriola and not to Metro coffers. Arriola defended his actions saying the state attorney general has ruled that clerks may accept gratuities for performing ceremonies, however, he announced yesterday that he would donate future gratuities to charity.

The Nashville Business Journal has more of the story

Claims commissioner hails new challenge

The Tennessean looks at the career of Bobby Hibbett, the state's new claims commissioner for Middle Tennessee. Hibbett -- who previously served with the armed forces in Kuwait and Iraq and in the district attorney's office for the 15th Judicial District -- now will decide claims involving tax recovery, state employee workers' compensation and alleged negligence by state officials or agencies. Of his new post, he says, "I'm so ready." See photos from the oath of office ceremony on TBAConnect.

Read the profile here

U.S. Supreme Court

Affirmative action likely to return to court

The controversy over affirmative action in government and public education appears headed for a return engagement before the U.S. Supreme Court, legal experts said after a federal appellate court struck down Michigan's voter-approved ban from 2006. The three-judge panel of the Sixth Circuit ruled 2-1 that the ban was unconstitutional. The Michigan attorney general already has announced plans to appeal the decision to the full court. Legal analysts predict the case eventually will land on the Supreme Court's doorstep.