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| Friday, July 15, 2011 |
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Apply for seat on Judicial Nominating Commission
The Administrative Office of the Courts is now accepting applications for a seat on the Judicial Nominating Commission, the body that reviews and recommends applicants for vacancies on the appellate and state trial courts for the governor's consideration.
The vacancy on the commission is created by the upcoming resignation of Commissioner Bill Young, who will step down on Sept. 1, to become Solicitor General. Lt. Gov. Ron Ramsey will appoint the commissioner, which is an at-large seat that may be filled by either an attorney or lay person. The term will expire on June 30, 2013.
Applications must be received by July 29, at 4:30 p.m. central standard time.
The AOC has the application
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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.
00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
03 - TN Court of Appeals
04 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
01 - 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.
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KENNETH E. DIGGS v. STRAND ANALYTICAL LABORATORIES, LLC
Court: TCA
Attorneys:
Kenneth E. Diggs, Memphis, Tennessee, appellant, pro se.
Stephen D. Crawley, Memphis, Tennessee, for the appellee, Strand Analytical Laboratories, LLC.
Judge: PER CURIAM
Appellant appealed the dismissal of the action by the trial court. We dismiss this appeal for lack of jurisdiction.
http://www.tba2.org/tba_files/TCA/2011/diggsk_071511.pdf
HOSIE JOHNSON ET AL. v. NICK DATTILO ET AL.
Court: TCA
Attorneys:
Allen Woods, Nashville, Tennessee, for the appellants, Hosie Johnson and Shiley Johnson.
Steven T. Atkins and Stanley M. Ross, Clarksville, Tennessee, for the appellees, Nick Dattilo and Nick Dattilo Construction Company.
Judge: CLEMENT
The purchasers of a lot and newly constructed residence filed this action against the builders, seeking damages and rescission of the construction and sale agreement. The plaintiffs allege the defendants breached the agreement by failing to construct the home in accordance with "good building practices," and breached the implied warranty of workmanship. They also allege that statements made by the foreman during construction, concerning the condition of the property, amount to a violation of the Tennessee Consumer Protection Act, Tenn. Code Ann. section 47-18-104(b)(7), as well as common law negligent and fraudulent misrepresentation. The trial court granted the defendant's motion for a directed verdict on all claims. Finding plaintiffs failed to provide evidence of key elements in each of their claims, we affirm.
http://www.tba2.org/tba_files/TCA/2011/johnsonh_071511.pdf
SWIFT ROOFING, INC. v. STATE OF TENNESSEE, COMMISSIONER OF LABOR AND WORKFORCE DEVELOPMENT
CORRECTION: The attached pdf version opinion contains single space formatting. The pdf version provided on July 13, 2011 contained double space formatting, which was incorrect.
Court: TCA
Attorneys:
Charles J. Mataya and Shana G. Fonnesbeck, Nashville, Tennessee, for the appellant, Swift Roofing, Inc
Robert E. Cooper, Jr., Attorney General and Reporter; Joseph F. Whalen, Associate Solicitor General; Warren A. Jasper, Senior Counsel, Daniel A. Bailey, General Counsel for appellee, State of Tennessee, Commissioner of Labor and Workforce Development.
Judge: STAFFORD
This appeal arises from a petition seeking judicial review of an administrative agency order, which affirmed citations for workplace safety violations. The Chancery Court affirmed the citations. After reviewing the appellate record, we conclude that the administrative agency did not provide the required findings of fact, conclusions of law, and reasons for its decision. Consequently, judicial review is not possible based on the record before this Court. Therefore, we vacate the order of the Chancery Court and remand for further proceedings consistent with this opinion.
http://www.tba2.org/tba_files/TCA/2011/swiftroofing_COR_071511.pdf
STATE OF TENNESSEE v. CHRISTOPHER MABRY
Court: TCCA
Attorneys:
Stephen Bush and Tony N. Brayton (on appeal) and Constance Barnes (at trial), Memphis, Tennessee, for the appellant, Christopher Mabry.
Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Tracye Jones, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: OGLE
A Shelby County Criminal Court jury convicted the appellant, Christopher Mabry, of aggravated assault, a Class C felony, and aggravated criminal trespass, a Class A misdemeanor. After a sentencing hearing, the trial court sentenced him to consecutive sentences of four years and eleven months, twenty-nine days, respectively. On appeal, the appellant contends that the evidence is insufficient to support the convictions. Based upon the record and the parties' briefs, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/mabryc_071511.pdf
RYAN MATHIS v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Beau Pemberton, Dresden, Tennessee, for the appellant, Ryan Mathis.
Robert E. Cooper, Jr., Attorney General and Reporter; Meredith Devault, Assistant Attorney General; and Thomas Thomas, District Attorney General, for the appellee, State of Tennessee.
Judge: WELLES
The Petitioner, Ryan Mathis, pleaded guilty to one count of aggravated burglary, one count of employment of a firearm during a dangerous felony, two counts of aggravated robbery, and three counts of aggravated kidnapping. All of his sentences were ordered to be served concurrently, for a total effective sentence of eight years in the Department of Correction. The Petitioner filed a petition for post-conviction relief, claiming that he received ineffective assistance of counsel. Following an evidentiary hearing, the post-conviction court denied relief. In this appeal, the Petitioner contends that the post-conviction court erred when it denied relief and, specifically, he asserts that Trial Counsel failed to fully advise him of the nature and elements of aggravated kidnapping. After our review, we affirm the denial of post-conviction relief.
http://www.tba2.org/tba_files/TCCA/2011/mathisr_071511.pdf
OMOWALI ASHANTI SHABAZZ, aka FRED EDMOND DEAN v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Katherine L. Tranum, Kingsport, Tennessee, for the appellant, Omowali Ashanti Shabazz, aka Fred Edmond Dean.
Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; and H. Greeley Wells, Jr., District Attorney General.; for the appellee, State of Tennessee.
Judge: WELLES
In June 2010, the Petitioner, Omowali Ashanti Shabazz, aka Fred Edmond Dean, filed a petition for writ of error coram nobis challenging his conviction for second degree murder. The Petitioner alleged that he was prejudiced by the State's failure to disclose a "rent receipt" earlier in the trial proceedings and by the trial court's failure to include a jury instruction on the term "residence" or, alternatively, that counsel was ineffective by failing to request a jury instruction on the term "residence" or pursue the issue on appeal. The coram nobis court summarily dismissed the petition on the basis that any relief was time-barred and that the
Petitioner had failed to state a cognizable claim for relief. Following our review of the record, we affirm the judgment of the Sullivan County Criminal Court summarily denying relief.
http://www.tba2.org/tba_files/TCCA/2011/shabazzo_071511.pdf
STATE OF TENNESSEE v. ELGIE SYKES
Court: TCCA
Attorneys:
Larry Copeland and Taylor Eskridge (at trial), Memphis, Tennessee; Paul K. Guibao, and Matthew S. Lyons (on appeal), Memphis, Tennessee, for the Defendant-Appellant, Elgie Sykes.
Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; William L. Gibbons, District Attorney General; Glen Baity and Kate Edmands, Assistant District Attorneys General, for the Appellee, State of Tennessee.
Judge: MCMULLEN
The Defendant-Appellant, Elgie Sykes, was convicted by a Shelby County jury of first degree premeditated murder and sentenced to life with the possibility of parole. On appeal, Sykes claims: (1) the jury instruction for premeditation was improper; (2) the insufficiency of the evidence; (3) the trial court erred by excluding the testimony of a psychologist; and (4) the trial court erred by failing to instruct the jury not to consume alcohol while sequestered. Upon review, we reverse the judgment of the trial court and remand for a new trial.
http://www.tba2.org/tba_files/TCCA/2011/sykese_071511.pdf
IN RE: MICHAEL H. SNEED, BPR 011141
Court: TSC-Disciplinary_Order
Judge: CLARK
Order of Enforcement
http://www.tba2.org/tba_files/TSC/2011/sneedm_071511.pdf
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| TODAY'S NEWS |
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Legal News
Politics
Court of the Judiciary
Disciplinary Actions
TBA Member Services
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| Legal News |
| Opinion: 'Caylee's Law' needed to fill gaps in law |
| In an opinion piece, Senate Republican Caucus chairman Bill Ketron explains why he and Rep. Tony Shipley, R-Kingsport, introduced "Caylee's Law" in Tennessee last week. He writes that it will cover
what he calls a "gap in many state's laws, including Tennessee's, regarding the reporting of a missing child." |
Read the opinion piece
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| Opinions: Tennessee doesn't need 'Caylee's Law' |
| Nashville lawyer David Raybin says in an opinion piece today that proposed legislation -- the so-called "Caylee's Law" -- making it a crime to fail to report a missing child within so many hours or days is "neither necessary nor appropriate." Tennessee already has laws designed to protect children, he writes.
In an editorial, the Paris Post-Intelligencer agrees with Raybin, saying that proposing legislation right after an unpopular verdict is not the best way to do it.
The legislature needs to "consider all the angles and work for a law that makes sense," it says, pointing out that charging parents for not reporting their children missing sounds good but is problematic:
"In a society of single parents and live-in boyfriends, what constitutes 'missing,' and when does the clock start running?"
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| Memphis childhood inspired Campbell to the law |
| Memphis lawyer Christopher Campbell credits his successful legal career to where he grew up.
He now is a partner with Harris Shelton Hanover Walsh PLLC, but says while growing up in the poorer, rough areas of Memphis he realized that he wanted to be able to help the people he was around every day.
"It's one of those professions where you not only have the opportunity to improve upon yourself, but you are able to reach out to others as well," he said. |
The Daily News Journal has this profile
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| Bedford commissioners look into adding drug court |
| Ken Bailey, director of the 12th Judicial District Drug Court based in Winchester, told Bedford County commissioners this week that the program there has been a success, with 92 percent of participants remaining out of legal trouble for at least two years after completion. He also said that it is a dramatic cost savings when compared to jail. For Bedford County, one of the factors driving interest in a drug court program is overcrowding at the county jail so they are looking for alternative sentencing programs.
No formal action was taken on the proposal by the county commission; it would have to have the backing of local judges in order to be adopted. |
The Shelbyville Times-Gazette tells the story
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| CASA volunteers make huge difference for children |
| A recent audit by the U.S. Department of Justice found that children who are paired with CASA (Court-Appointed Special Advocates) volunteers are half as likely to spend time in long-term foster care and four times less likely to re-enter care. Read this success story from Williamson County CASA.
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The Tennessean has the story
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| Pro bono attorneys recognized |
| Baker, Donelson, Bearman, Caldwell & Berkowitz PC, has recognized two Chattanooga area attorneys for their pro bono work. Heidi R. Hoffecker and John P. McGehee have been named the firm's Chattanooga Pro Bono Attorneys of the Year.
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Read more about them in Chattanoogan.com
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| DA to start criminal probe into county clerk's practices |
| District Attorney General Torry Johnson has asked the Tennessee Bureau of Investigation to investigate the conduct of Davidson County Clerk John Arriola.
Johnson announced today (Friday) that he will be meeting next week with officials from the TBI and the Tennessee Comptroller of the Treasury to probe Arriola's practice of pocketing $40 for marriages performed by him, as well as the employment of his campaign treasurer. The probe would include both a criminal investigation and an audit of Arriola's office, where questions have been raised by television news stories. |
The Tennessean has the story
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| Politics |
| Temporary Senate seat draws 5 applications |
| Five candidates applied for the four-month appointment to Jamie Woodson's state Senate seat: the wife of a former state senator, the chairman of the South Knoxville Republican Club, the executive director of the Mercy Health and Fitness Center, a longtime legal assistant and a former Brentwood, Tenn., city commissioner. |
The News Sentinel has details
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| Election Commission: Fincher has the most funds |
| U.S. Rep. Stephen Fincher, R-Tenn., raised more money than veteran Mid-South members of Congress in the three-month period ending June 30, a report to the Federal Election Commission showed today.
Fincher raised $269,431 in the second quarter, $111,655 of it from political action committees. He now has $448,600 in cash on hand. |
The Commercial Appeal has more
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| Court of the Judiciary |
| Bell questions costs in proceedings |
| Two items were filed today in the Court of the Judiciary matter regarding Judge John A. Bell and the recovery of costs in recent disciplinary actions.
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See the filings
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| Disciplinary Actions |
| Order outlines enforcement for disbarred Nashville lawyer |
| An order of enforcement was entered as to Davidson County lawyer Michael H. Sneed, who was disbarred in January 2010.
As a conditional precedent to reinstatement, the order requires that Sneed would pay restitution to six clients, as well as the costs of the disciplinary matter. |
Download the court's order
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| TBA Member Services |
| CompuPay offers deals for TBA members |
| CompuPay is proud to serve as the official payroll services provider for the Tennessee Bar Association. To serve Tennessee attorneys the company is offering two months of free payroll processing for all TBA members and waiving set up fees for members with up to 99 employees. |
Learn more about CompuPay's benefits
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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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