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Thursday, September 01, 2011

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Tennessee lawyers honored for disaster assistance

Tennessee lawyers were honored with the highest award presented by the Tennessee Society of Association Executives for bringing free legal assistance to victims following the floods of 2010. The Tennessee Bar Association received the "Associations Advance Tennessee Award" at a TSAE luncheon this week. In the days following the flood, Tennessee attorneys provided free legal assistance to victims in FEMA shelters and at specially organized clinics. As part of the effort, the TBA also created a series of webcast videos to educate lawyers on how to handle the most common problems that disaster victims face.

In addition to this award, the TBA was recognized for a continuing legal education program presented on the Scopes Trial during the association's annual convention in Chattanooga. That program, which took place at the Rhea County Courthouse in Dayton, featured Pulitzer Prize-winning author Ed Larson telling the story of the case and discussing the legal issues raised in the trial. More than 300 attorneys and judges attended that program.

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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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.

SHARON HARTMAN v. TENNESSEE BOARD OF REGENTS d/b/a TENNESSEE TECH UNIVERSITY

Court: TCA

Attorneys:

James L. Harris, Nashville, Tennessee, for the appellant, Sharon Hartman.

Robert E. Cooper, Jr., Attorney General and Reporter; Joseph F. Whalen, Associate Solicitor General; and Michael Markham, Assistant Attorney General, for the appellee, Tennessee Board of Regents, d/b/a Tennessee Tech University.

Judge: CLEMENT

In this employment dispute, a former employee claims she was unlawfully discriminated against on the basis of her gender. The plaintiff, a long time employee, was terminated after failing to adhere to her employer's policies and procedures concerning the purchase of inventory and equipment. Claiming this reason was pretextual, she filed this action pursuant to the Tennessee Human Rights Act, Tenn. Code Ann. section 4-21-101 et seq. After discovery, the employer moved for summary judgment. The trial court granted the motion, finding the employer demonstrated that the plaintiff could not establish that a similarly situated male employee was treated more favorably. We affirm.

http://www.tba2.org/tba_files/TCA/2011/hartmans_090111.pdf

K.B.J. v. T.J.
CORRECTION: On page 2, the second paragraph has been changed to identify an individual with an initial rather than a name, and the third paragraph has been changed to replace the phrase "whose first name starts with an R" with the phrase "with R"

Court: TCA

Attorneys:

Robert L. Jackson and Elizabeth A. Garrett, Nashville, Tennessee, for the appellant, T.J.

Jill R. Talley, Dandridge, Tennessee, for the appellee, K.B.J.

Judge: SUSANO

This is a contested divorce case involving two minor children. K.B.J. ("Husband") was the first to file a complaint for divorce. T.J. ("Wife") answered his complaint and coupled a counterclaim with her answer. The trial court found that Husband was guilty of inappropriate marital conduct and awarded Wife a divorce, but made Husband the primary residential parent of the minor children with final authority on certain parental decisions. The court ordered equal parenting time on an alternating week basis. It also denied Wife's request for spousal support and allocated to her approximately $32,350 of the marital debt. Wife appeals. We reverse that part of the judgment making Husband the primary residential parent with final decision-making authority and modify the parenting schedule. In all other respects, the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCA/2011/kbj_COR_090111.pdf

JOHN GRIFF LUCAS v. CITY OF WAVERLY, TENNESSEE, ET AL.

Court: TCA

Attorneys:

Anthony L. Sanders, Waverly, Tennessee, for the appellant, John Griff Lucas.

Robert E. Cooper, Jr., Attorney General and Reporter, and Mary S. Foust, Senior Counsel, for the appellees, City of Waverly, Tennessee, and Humphreys County, Tennessee.

Judge: DINKINS

In this inverse condemnation action, the trial court granted summary judgment to condemning authority on ground that statute of limitations barred suit; landowner appeals. Condemning authority urges affirmance of the dismissal on alternative grounds. Finding that the action is not barred by the statute of limitations and that genuine issue of material fact exists which precludes summary judgment, we reverse the dismissal of this action and remand for further proceedings.

http://www.tba2.org/tba_files/TCA/2011/lucasj_090111.pdf

IN RE MADISON K. P.

Court: TCA

Attorneys:

Gregory Dye Smith, Nashville, Tennessee, for the appellant, B. M. J.

W. Kennerly Burger, Murfreesboro, Tennessee, for the appellee, J. M. P.

Judge: PER CURIAM

This application for an interlocutory appeal pursuant to Tenn. R. App. P. 9 arises from the trial court's decision to stay the implementation of the parenting plan that the trial court was directed to adopt pursuant to our decision in In re Madison K.P., No. M2009-02331-COA-R3-JV, 2010 WL 4810665 (Tenn. Ct. App. Nov. 23, 2010). The Supreme Court denied the father's application for permission to appeal on April 14, 2011 and the mandate of this court was issued on April 27, 2011. Despite this, the ruling of this court has yet to be put into effect, because the parenting plan that was to be approved and entered by the trial court, and which was approved and entered, was immediately stayed by the trial court following its entry, rendering our decision and the parenting plan of no effect.

http://www.tba2.org/tba_files/TCA/2011/madisonkp_090111.pdf

JERRY ANN WINN v. WELCH FARM, LLC, ET AL.

Court: TCA

Attorneys:

Joe Weyant, Clarksville, Tennessee, for the appellant, Jerry Ann Winn.

W. Timothy Harvey, Clarksville, Tennessee, for the appellee, Welch Farm, LLC and Richard Tucker.

Judge: DINKINS

The buyer of unimproved real property sued the sellers for breach of implied warranties, imposition of a permanent nuisance, and diminution in value of the property; buyer also sought damages for alleged violations of the Tennessee Real Estate Broker License Act, the duty of good faith and fair dealing, the Tennessee Consumer Protection Act, and negligence. The trial court held that Tennessee does not provide a cause of action for breach of implied warranty in the sale of unimproved real property; the court also held that buyer had not demonstrated a genuine issue of material fact as to whether the lot was "unbuildable." The court granted summary judgment to the defendants, and the buyer appealed. Buyer asserts that the sellers had a duty to disclose "possible adverse soil conditions." She also urges this Court to adopt a cause of action for breach of implied warranty of suitability for residential construction. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCA/2011/winnj_090111.pdf

MATTHEW JACKSON v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Matthew Jackson, Tiptonville, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General, for the Appellee, State of Tennessee.

Judge: MCLIN

The Petitioner, Matthew Jackson , appeals the Circuit Court of Lake County's dismissal of his pro se petition for writ of habeas corpus. The State has filed a motion requesting that this Court affirm the trial court's dismissal pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State's motion and affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/jacksonm_090111.pdf

STATE OF TENNESSEE v. RICKY RONELL JONES

Court: TCCA

Attorneys:

Gregory D. Gookin, Jackson, Tennessee, for the appellant, Ricky Ronell Jones.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel; James G. Woodall, District Attorney General; and Shaun Brown, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The appellant, Ricky Ronell Jones, pled guilty to rape, incest, and two counts of sexual battery relating to his eldest daughter and was convicted at trial of rape of a child and incest relating to his youngest daughter. He received a total effective sentence of thirty-seven years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence supporting his convictions and the imposition of consecutive sentencing. Upon review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/jonesr_090111.pdf

MARCUS DEANGELO LEE a.k.a. MARCUS DEANGELO JONES v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Marcus Deangelo Lee, Memphis, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General, for the Appellee, State of Tennessee.

Judge: WILLIAMS

The Petitioner, Marcus Deangelo Lee , appeals the Criminal Court of Shelby County's denial of his motion to reopen post-conviction proceedings. The State has filed a motion requesting that this Court affirm the trial court's dismissal pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State's motion and affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/leem_090111.pdf

STATE OF TENNESSEE v. WILLIAM T. MINTON

Court: TCCA

Attorneys:

Larry G. Roddy, Dayton, Tennessee, for the appellant, William T. Minton.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; J. Michael Taylor, District Attorney General; and James W. Pope, III, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

A Rhea County Circuit Court jury convicted the appellant, William T. Minton, of two counts of second degree murder and one count of aggravated robbery. The trial court merged the murder convictions and sentenced the appellant to consecutive sentences of thirty-five years and eighteen years, respectively. On appeal, the appellant contends that (1) the evidence is insufficient to support the convictions; (2) the trial court erred by denying his motion to suppress evidence; (3) the trial court erred by allowing the medical examiner to offer testimony that lacked any scientific indicia of reliability and was outside her area of expertise; (4) the trial court erred by refusing to allow the defense to present evidence of a State witness's prior violent acts when the defense's theory was that the witness killed the victim; and (5) his sentence is excessive. Based upon the record and the parties' briefs, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/mintonw_090111.pdf

ANTHONY MURFF v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Anthony Murff, Henning, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General, for the Appellee, State of Tennessee.

Judge: GLENN

The Petitioner, Anthony Murff, appeals the Circuit Court of Lauderdale County's dismissal of his pro se petition for writ of habeas corpus. The State has filed a motion requesting that this Court affirm the trial court's dismissal pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State's motion and affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/murffa_090111.pdf

STATE OF TENNESSEE v. LATASHA REID

Court: TCCA

Attorneys:

Gregory D. Gookin, Jackson, Tennessee, for the appellant, Latasha Reid.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; James G. Woodall, District Attorney General; and Shaun Brown, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The appellant, Latasha Reid, pled guilty in the Madison County Circuit Court to nine counts of identity theft and one count of felony theft. She received an effective four-year probation sentence for the identity theft convictions and a two-year probation sentence for the felony theft conviction, to be served consecutively, for a total effective sentence of six years. Almost six years later, the trial court revoked the appellant's probation and ordered her to serve her entire sentence anew. On appeal, the appellant contends, and the State concedes, that the trial court erred by ordering her to serve her effective six-year sentence anew because part of the sentence had expired. Based upon the record and the parties' briefs, we reverse the trial court's revocation of the appellant's expired four-year probation sentence. The trial court's revocation of the appellant's two-year probation sentence is affirmed.

http://www.tba2.org/tba_files/TCCA/2011/reidl_090111.pdf

GEORGE OSBORNE WADE v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

George Osborne Wade, Tiptonville, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General, for the Appellee, State of Tennessee.

Judge: MCLIN

The Petitioner, George Osborne Wade, appeals the Circuit Court of Obion County's dismissal of his petition for writ of error coram nobis. The State has filed a motion requesting that this Court affirm the trial court's dismissal pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State's motion and affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/wadeg_090111.pdf

TODAY'S NEWS

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Colleagues reflect on Wilks' life, career

Lawyers from across the state have been submitting tributes and remembrances of Larry Wilks' life and career after learning of his death. Read these reflections on the TBA website. In addition, today's Tennessean carried an article and obituary about Wilks. Visitation will be held Friday, from 10 a.m. to 8 p.m., and Saturday, from 10 a.m. to 1 p.m., followed by a funeral service at 1 p.m. at the First United Methodist Church, 511 Oak Street, Springfield 37172. Internment will take place at the Robertson County Memorial Gardens.

Alexander talks politics at Supreme Court dinner

U.S. Senator Lamar Alexander was in East Tennessee last night to deliver the keynote speech at the Knoxville Bar Association's annual Supreme Court Dinner. The event, held at the Knoxville Convention Center, honored the members of the state Supreme Court. Alexander used the speech to thank two lawyers who were part of a bi-partisan effort in 1979 to swear him in as governor early to avoid a brewing scandal over outgoing governor Ray Blanton's use of pardons. Alexander also talked about current politics, attacking Washington spending and criticizing the current administration for imposing greater regulations and higher taxes.

See a photo and read more of his comments on WBIR.com

Book chronicles federal court in Jackson

U.S. Magistrate Judge Edward G. Bryant recently completed a book on the history of the federal court in Jackson that chronicles the court from its inception and profiles the 22 judges who have sat on the bench. According to Bryant, there are many "rabbit trails" and stories surrounding the judges, lawyers and trials over the years that should make the book of interest to all readers. The book is priced at $23 and is available online from Main Street Publishing.

Learn more about the book

Editorial: Get another plan for indigent defense

An editorial in today's Paris-Post Intelligencer suggests that Administrative Office of the Courts (AOC) should "get another plan" for dealing with budget issues associated with indigent defense. The paper opens its critique of the AOC's proposal to take bids for representing poor defendants by asking, "If you were facing a court trial, would you shop around for a lawyer and hire the lowest bidder?" After reviewing the arguments for and against the idea, the editors conclude that the "justices should take this plan back to the drawing board and find a more equitable solution..."

Read the editorial

Bar recognizes retiring clerk and master

Retiring Marshall County Chancery Court Clerk and Master Tommy Higdon recently was honored at an event in Lewisburg. "This is the party he didn't get the first time he won" election as Marshall County court clerk, his wife said. That campaign in 1981 took such a toll on Higdon that after the race was over, he "went home to sleep." After 10 years as county clerk, Higdon was named clerk and master, a position he held for 20 years. The retirement celebration was organized by the Marshall County Bar Association.

Clinic helps seniors with end-of-life planning

Lawyers from AutoZone Inc., Bass, Berry & Sims PLC and Memphis Area Legal Services held the third annual "Give A Little, Help A Lot" pro bono legal clinic for Memphis-area seniors at the Orange Mound Community Center last week. The clinic, organized by Bass Berry member Kristen Wright and AutoZone lawyer Tanya Holmes, is designed to assist seniors with advance care plans, healthcare directives, durable power of attorney forms and wills. The partnership between the groups was recognized earlier this year at the TBA's Corporate Counsel Pro Bono Gala.