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| Wednesday, October 12, 2011 |
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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
03 - TN Court of Appeals
02 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
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.
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STATE OF TENNESSEE v. ALFRED TURNER
Court: TSC
Attorneys:
Robert E. Cooper, Jr., Attorney General and Reporter; Gordon W. Smith, Associate Solicitor General; and Rachel E. Willis, Assistant Attorney General, for the appellant, State of
Tennessee.
Lance Randall Chism (on appeal) and Gerald Skahan and Juni Ganguli (at trial), Memphis, Tennessee, for the appellee, Alfred Turner.
Emily Campbell Taube and James Bennett Fox Jr., Memphis, Tennessee, for the amicus
curiae, Katherine Klyce.
Judge: HOLDER
The defendant was indicted for a murder that occurred nearly ten years prior to his arrest. The defendant's theory of the case implicated two other men as the individuals responsible
for the murder. These men previously had been tried and acquitted of the murder. Over the objection of the defendant, the State introduced evidence of the prior acquittals of the other men. A jury convicted the defendant of facilitation of first degree murder. The Court of Criminal Appeals reversed and remanded the case for a new trial, holding that the evidence of the acquittals of the other parties was irrelevant and that the erroneous admission of the
evidence was not harmless. We affirm the judgment of the Court of Criminal Appeals.
http://www.tba2.org/tba_files/TSC/2011/turnera_101211.pdf
KRISTIE JACKSON v. WILLIAMSON & SONS FUNERAL HOME, ET AL.
Court: TCA
Attorneys:
Charles G. Wright (on appeal) and Crystal R. Freiburg (at trial), Chattanooga, Tennessee, for
the appellant, Kristie Jackson.
Paul R. Leitner and Benjamin T. Reese, Chattanooga, Tennessee, for the appellees,
Williamson & Sons Funeral Home, Carriage Funeral Holdings, Inc., and Thomas E. Wilson.
Judge: MCCLARTY
In this negligence case, Kristie Jackson sued Williamson & Sons Funeral Home (the "Funeral Home") for negligence and negligent infliction of emotional distress following the burial of her mother, Edna Louise Lewis. Ms. Jackson alleged that the Funeral Home was negligent in failing to delay the burial after learning that she objected to the arrangements that had been made and that the Funeral Home's actions caused her emotional distress. The Funeral Home moved for summary judgment, and the trial court granted the motion, finding that the Funeral Home had affirmatively negated an essential element of Ms. Jackson's claim by showing that it did not owe a duty to her under the circumstances of the case. Ms. Jackson appeals. We affirm the decision of the trial court.
http://www.tba2.org/tba_files/TCA/2011/jacksonk_101211.pdf
LEROY JACKSON, JR. v. PURDY BROTHERS TRUCKING CO., INC., ET AL.
Court: TCA
Attorneys:
Stanley F. LaDuke, Knoxville, Tennessee, for the appellant, Leroy Jackson, Jr.
Dana C. Holloway, Tonya R. Willis, and Ryan C. Dreke, Knoxville, Tennessee, for the appellees, Purdy Brothers Trucking Co., Inc., f/d/b/a Purdy Brothers Trucking, Loudon
County Trucking f/d/b/a Purdy Brothers Trucking, and Blair B. Greene.
Judge: MCCLARTY
This appeal arises from a tractor-trailer ("truck") collision involving two professional drivers, Leroy Jackson, Jr., who was driving as an owner operator for USA Trucking, and Blair B. Greene, who was employed by Purdy Brothers Trucking Company, Incorporated ("PBTCI") and Loudon County Trucking ("LCT"), both formerly doing business as Purdy Brothers
Trucking ("PBT"). Mr. Jackson's truck was repossessed shortly after it was repaired, and he filed suit against Mr. Greene, PBTCI, and LCT (collectively "Trucking Company") for
property damage, loss of income, lost equity in his truck, incidental expenses, and punitive damages. Trucking Company filed a motion for partial summary judgment. The trial court granted the motion, in part, holding that Trucking Company was not liable for the lost equity in the truck but that the case could proceed on the remaining issues. Trucking Company made an offer of judgment, which was accepted by Mr. Jackson and set forth in the court's final order. Mr. Jackson appeals, contending that the court erred in granting partial summary judgment. We dismiss the appeal because Mr. Jackson accepted the offer of judgment without reserving the right to appeal.
http://www.tba2.org/tba_files/TCA/2011/jacksonl_101211.pdf
TERRY NICHOLS v. TENNESSEE DEPARTMENT OF CORRECTIONS ET AL.
Court: TCA
Attorneys:
Terry Nichols, Whiteville, Tennessee, Pro Se.
Kellena R. Baker, Nashville, Tennessee, for the appellee, Tennessee Department of
Correction.
Judge: PER CURIAM
This is an appeal from a final judgment dismissing an inmate's petition for common law writ of certiorari. Because the inmate did not file his notice of appeal with the trial court clerk within the time permitted by Tenn. R. App. P. 4, we dismiss the appeal.
http://www.tba2.org/tba_files/TCA/2011/nicholst_101211.pdf
ALVIN GREEN v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Vicki M. Carriker, Memphis, Tennessee, for the appellant, Alvin Green.
Robert E. Cooper, Jr., Attorney General and Reporter; Jeffery D. Zentner, Assistant Attorney General; Amy P. Weirich, District Attorney General; and David Zak, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: OGLE
The petitioner, Alvin Green, filed for post-conviction relief from his convictions for aggravated kidnapping and attempted aggravated robbery and resulting effective sentence
of forty-six years, contending that he received ineffective assistance of counsel. The post-conviction court denied the petition, and the petitioner now appeals. Upon review, we affirm the judgment of the post-conviction court.
http://www.tba2.org/tba_files/TCCA/2011/greena_101211.pdf
JAMES G. WATSON v. HOWARD CARLTON, WARDEN
Court: TCCA
Attorneys:
James G. Watson, Mountain City, Tennessee, Pro Se.
Robert E. Cooper, Jr., Attorney General and Reporter; and Rachel West Harmon, Assistant Attorney General, for the appellee, State of Tennessee.
Judge: GLENN
The petitioner, James G. Watson, appeals the Johnson County Criminal Court's dismissal of his petition for writ of habeas corpus, arguing that he failed to receive statutorily mandated
pretrial jail and good behavior credits toward his sentences, which rendered his confinement illegal. Following our review, we affirm the summary dismissal of the petition.
http://www.tba2.org/tba_files/TCCA/2011/watsonj_101111.pdf
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| TODAY'S NEWS |
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General Assembly News
Legal News
Celebrate Pro Bono
TBA Member Services
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| General Assembly News |
| Guns-in-bars sponsor arrested on DUI charges |
| State Representative Curry Todd, R-Collierville, was arrested and booked on multiple charges -- including DUI and possession of a handgun while under the influence -- late last night in Nashville. He was freed on $3,000 bond, according to Metro Police. Todd, who is chair of the House State and Local Government Committee, was a lead sponsor of a law allowing handgun permit holders to bring guns into bars. Humphrey on the Hill quotes House Majority Leader Gerald McCormick this afternoon as saying it is too early to say whether Todd should lose his chairmanship.
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The Tennessean has more
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| Redestricting's impact begins to emerge |
| Shelby County could lose two state House seats and one Senate seat in the redistricting process under way, according to the Memphis Commercial Appeal. On the other side of the state, Knox County could gain a new House seat according to the News Sentinel. Committees in the state Senate and House have been working behind closed doors for weeks on new maps for Tennessee's nine congressional districts, 99 state House districts and 33 state Senate districts. None of the maps have been made public. A spokesman for Senate Speaker Ron Ramsey said the maps should be released sometime in December. |
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| Legal News |
| Hawkins courthouse renovations delayed |
| The completion date for the 175-year-old Hawkins County Courthouse renovation has been pushed back and contingency funds are beginning to dwindle. Still, project architect Tony Moore told the Hawkins County Commission's Buildings Committee he believes there will be funds left over when the project reaches the new completion date of Jan. 20, 2012. Issues causing delays include waterproofing in the basement, loose floor joist bolts, and additional electrical, phone and Internet wiring in chancery court offices.
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Learn more in the Times News
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| Criminal justice prof named to national panel |
| Dr. Michael McDonald, a criminal justice instructor at Cumberland University in Lebanon and Volunteer State Community College in Gallatin, has been appointed to the advisory board of Teaching Tolerance at the Southern Poverty Law Center in Montgomery, Ala. In this position he will advise the organization about anti-bias classroom activities, professional development materials and a magazine that provides anti-bias education resources.
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The Jackson Sun reports
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| Law school council considers auditing data |
| The Law School Admission Council is considering auditing law schools after recent news reports revealed two schools reported inflated statistics about their incoming classes to the American Bar Association (ABA). The council, which oversees the LSAT and has a database that includes each law school applicant's undergraduate grade point average, will look at setting up procedures to confirm school-reported LSAT scores and undergraduate GPAs "in a reliable and responsible way." Its willingness to get involved is a reversal of an earlier position. Last month, the council's president said policing data was not a proper function for the group and not something it was interested in doing.
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Law.com has the story
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| DOJ urges court to block immigration law |
| The U.S. Department of Justice filed a brief with the 11th U.S. Circuit Court of Appeals today arguing that the court should block enforcement of Alabama's illegal immigration law pending the outcome of a legal challenge. The federal agency says the law oversteps the state's authority to enforce immigration law. Advocacy groups in a separate filing provided examples of people they say have been harmed by the law. The state of Alabama had said in a filing Tuesday that the law fell within its rights and that there was no evidence it was causing irreparable harm. |
The Montgomery Advertiser has more
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| Celebrate Pro Bono |
| Memphis Law joins White House event |
| The Public Action Law Society and Student Bar Association at the University of Memphis School of Law will host an event tomorrow, Oct. 13, in conjunction the White House's "Champions of Change Event." Students, faculty, staff and the local legal community are invited to watch a live streaming of the program, which will honor 16 public interest lawyers and encourage law students across the country to pursue a career in public interest advocacy. The event is an initiative of the White House Office of Public Engagement and the Department of Justice's Access to Justice Initiative. For more information contact Professor Christina Zawisza at czawisza@memphis.edu.
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Learn more about the event
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| Legal clinic Thursday in Murfreesboro |
| The Rutherford County Bar Association will hold a legal advice clinic tomorrow, Oct. 13, at Greenhouse Ministries, 309 South Spring St. in Murfreesboro. The event will run from 4 to 6 p.m. though members of the public seeking free legal assistance may sign in beginning at 3:30 p.m. Please contact Murfreesboro lawyer John Blankenship at (615) 893-4160 or john@blankenshiplawffice.com for more information.
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See a full schedule of Celebrate Pro Bono Month events
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| TBA Member Services |
| Follow us! |
| More than 1,400 people and businesses are now getting regular updates on news from the Tennessee legal community by following the Tennessee Bar Association on Twitter. Join the crowd by following @tennesseebar or watch for the tag #tnlaw. You can also watch for regular updates on the TBA's Facebook page.
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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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