TBA Today

Thursday, October 27, 2011

Search our Database for Opinions and News Items

Sexting and cyber-bullying is subject of new courses

Learn how the law is responding to bullying problems in a technology-focused world in these two new CLE webcasts, "Cyber-Bullying & Sexting," Part 1 and Part 2. In the programs, ACLU staff attorney Tricia Herzfeld will cover topics such as protecting students from harassment while still protecting the first amendment; an overview of specific cases dealing with cyber-bullying and sexting issues; and an analysis of Tennessee laws designed to address cyber-bullying issues. Both one-hour courses are Nov. 9.

Visit the TBA's TennBarU to learn about these and other webcasts

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
02 - TN Court of Appeals
03 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
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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.

STATE OF FRANKLIN BANK v. J. ALAN RIGGS, ET AL.

Court: TCA

Attorneys:

Arthur M. Fowler, III, Johnson City, Tennessee, for the appellants, J. Alan Riggs, Deborah D. Riggs, and Preston Park Development, LLC.

Edward T. Brading, Johnson City, Tennessee, for the appellee, State of Franklin Bank.

Judge: MCCLARTY

In this case, the trial court entered a default judgment against J. Alan Riggs ("Husband") and Deborah D. Riggs ("Wife") and against Husband and Preston Park Development, LLC ("Preston Park"). Husband, Wife, and Preston Park (collectively "the Defendants") filed a motion for a new trial or to set aside the default judgment. The trial court granted the motion, in part, holding that Wife was not liable for one of the counts in the judgment entered against her. The trial court upheld the entirety of the other counts as they related to each of the Defendants. The Defendants appeal. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCA/2011/franklinbank_102711.pdf

WILLIAM W. STEBBINS v. FUNDERBURK MANAGEMENT COMPANY, LLC, ET AL.

Court: TCA

Attorneys:

David Day and Benjamin D. Marsee, Cookeville, TN, and Elizabeth McDonald, Sparta, TN, for the appellant, William W. Stebbins.

Daniel W. Olivas, Nashville, Tennessee, for the appellee, Funderburk Management Company, LLC.

Judge: DINKINS

Restaurant patron who was served food in which he found a tooth sued the restaurant for negligence, strict liability, breach of warranty, and violation of the Tennessee Consumer Protection Act. He sought compensatory and punitive damages. At trial, the court granted a directed verdict to defendant on the punitive damages and Consumer Protection Act claims and denied plaintiff's special request that the court instruct the jury that recoverable damages for mental and emotional distress could also include anxiety or concern for others. Plaintiff appeals the grant of the directed verdicts and the failure to give the requested instruction. Finding no error, we affirm.

http://www.tba2.org/tba_files/TCA/2011/stebbinsw_102711.pdf

RHYNUIA L. BARNES v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Rhyunia L. Barnes, Pro Se, Pikeville, Tennessee.

Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Pamela Anderson, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Petitioner, Rhynuia L. Barnes, appeals the trial court's summary dismissal of his petition for writ of error coram nobis. In the petition he contends that in a letter purportedly written by his now deceased father, his father confessed to the murder for which Petitioner was convicted. Petitioner asserts that the letter constitutes newly discovered evidence. After a thorough review of the record, we conclude that the trial court did not abuse its discretion when it denied the petition for writ of error coram nobis. Accordingly, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/barnesr_102711.pdf

STATE OF TENNESSEE v. DEVIN JEFFERSON

Court: TCCA

Attorneys:

Charles Mitchell, Memphis, Tennessee, for the appellant, Devin Jefferson.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Ray Lepone and Reginald Henderson, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: OGLE

A Shelby County Criminal Court jury convicted the appellant, Devin Jefferson, of first degree felony murder committed during the perpetration of attempted robbery, and the trial court sentenced him to life. On appeal, the appellant contends that the trial court erred by failing to grant his motion to suppress his statement to police because (1) the police continued to interrogate him after he invoked his right to remain silent, (2) the police continued to interrogate him after he invoked his right to counsel, and (3) his statement was coerced. Based upon the oral arguments, the record, and the parties' briefs, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/jeffersond_102711.pdf

STATE OF TENNESSEE v. JOSE AMATES MARTINEZ

Court: TCCA

Attorneys:

J. Branden Bellar, Carthage, Tennessee, for the appellant, Jose Amates Martinez.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Tom P. Thompson, Jr., District Attorney General; Javin Cripps, Assistant District Attorney General; and Tom Swink, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

The grand jury of Smith County indicted Defendant, Jose Amates Martinez, for the Class A felony offense of conspiracy to possess with intent to sell or deliver 150 grams or more of heroin, a Schedule I controlled substance. Following a jury trial, Defendant was convicted as charged, and after a sentencing hearing, he was sentenced to serve twenty years. On appeal, Defendant raises the following issues: (1) the evidence was insufficient to sustain the conviction; (2) the trial court erred by denying his motion to dismiss the indictment and/or suppress all evidence seized because the agents who stopped Defendant and searched the vehicle he was driving were working outside their territorial jurisdiction and beyond their lawful scope of authority; (3) the trial court erred by denying his additional motion to suppress evidence based upon Defendant's assertions that Defendant was unlawfully stopped, Defendant's consent to search was not knowingly and voluntarily given, and the search by the agents exceeded the scope of consent, if the consent was valid; (4) the trial court erred by overruling Defendant's objection to the testimony of the forensic scientist regarding test results of the heroin seized; and (5) the trial court erred by overruling Defendant's objection to a law enforcement officer's testimony of the street value of the heroin seized. After a thorough review of the record, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/martinezj_102711.pdf

TODAY'S NEWS

Legal News
General Assembly News
Celebrate Pro Bono
Disciplinary Actions
TBA Member Services

Legal News

Adoption agency sues woman for child support

A Shelbyville woman who put her adopted son on a one-way flight back to Russia is being sued for child support by the agency that placed the 7-year-old Russian child with her. The agency argues that simply shipping the boy back to Moscow with a note pinned to his jacket does not terminate her parental rights.

The Tennessean has the story

Budget cuts undermine criminal justice system

Deep budget cuts to courts, public defenders, district attorney's and attorney general offices are testing the criminal justice system across the country. Recently, an American Bar Association report found that most states cut court funding 10 percent to 15 percent within the past three years. At least 26 states delayed filling open judgeships, while courts in 14 states were forced to lay off staff, said the report. The National District Attorneys Association estimates that hundreds of millions of dollars in criminal justice funding and scores of positions have been cut amid the economic downturn, hampering the ability of authorities to investigate and prosecute cases. This story looks at the big picture and what the cuts mean for justice.

The News Sentinel has this AP story

'Politics of Protecting Children' now available

Transcripts are now available from the spring symposium of the Tennessee Journal of Law and Policy and the University of Tennessee College of Law Center for Advocacy and Dispute Resolution. The symposium, "The Politics of Protecting Children," featured Robert Schwartz, Rep. Sherry Jones, Elizabeth Sykes, Jackie Dixon, Dean Rivkin and more.

Learn more about what's in it and how to order it

Illinois tells Blago to stop practicing law

The Illinois Supreme Court ruled on Wednesday that former Gov. Rod Blagojevich, who was convicted earlier this year on corruption charges, can no longer practice law in the state. The high court suspended Blagojevich's license "effective immediately and until further order."

NewsChannel3 carried this Reuters story

General Assembly News

Kelsey puts in 3 tort reform bills

State Senator Brian Kelsey, R-Germantown, has introduced three tort reform bills, saying they "will help provide more fairness and certainty in Tennessee lawsuits."

The Chattanoogan reports

3 legislators claim immunity to subpoenas

Three Tennessee legislators are trying to quash subpoenas asking for political strategy memos that might reveal their intent in voting for the state law that overturned Nashville's gay rights ordinance. The motions came as part of the lawsuit brought by Metro Council members and others to strike down the conservative state law. In their motions, the legislators claim they can ignore the subpoenas because they have immunity. Davidson County Chancellor Carol McCoy will hear arguments in the case on Monday.