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| Thursday, November 10, 2011 |
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Courts a threat to new med mal law, TMA leader says
A Tennessee Medical Association leader this week singled out the Tennessee judiciary as a threat to the state's new medical liability law. Appearing with U.S. Rep. Marsha Blackburn, R-Tenn., at a healthcare town hall meeting this week, Dr. Keith G. Anderson -- a cardiologist and vice chairman of the Tennessee Medical Association -- said he fears Tennessee's "very liberal" and "very claims-oriented" judiciary. He singled out Tennessee Supreme Court Chief Justice Cornelia Clark, who he said "is a claims malpractice attorney." Anderson went on to say that the medical association's concern is "that there will be a case that arises that goes before the Tennessee Supreme Court that may overturn the tort reforms based on their constitutionality methodology." Instead of risking that outcome, Anderson said that an amendment to the state's Constitution or a federal law that would trump state law is needed.
The Commercial Appeal reports on the event
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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.
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HENRY ZILLON FELTS v. STATE OF TENNESSEE
Court: TSC
Attorneys:
Robert E. Cooper, Jr., Attorney General and Reporter; Gordon W. Smith, Associate Solicitor General; Mark A. Fulks, Senior Counsel; David H. Findley, Senior Counsel; Lawrence Ray
Whitley, District Attorney General; Charles Ronald Blanton, Assistant District Attorney General; and Bryna Landers Grant, Assistant District Attorney General, for the Appellant,
State of Tennessee.
Gregory D. Smith, Clarksville, Tennessee, for the Appellee, Henry Zillon Felts.
Judge: CLARK
In this post-conviction appeal, we must determine whether Petitioner Henry Zillon Felts was denied the effective assistance of counsel at his trial for aggravated burglary and attempted first degree murder. The post-conviction court vacated Petitioner's convictions after concluding that trial counsel's representation was ineffective because he: (1) pursued self-defense exclusively, rather than pursuing self-defense along with the alternative strategy of
convincing the jury to convict Petitioner of the lesser-included offense of attempted voluntary manslaughter, and (2) failed to keep a promise to the jury made during opening
statements that Petitioner would testify at trial. The Court of Criminal Appeals affirmed. We granted the State's application for permission to appeal. We hold that the courts below
erred by concluding that trial counsel performed deficiently. Accordingly, we reverse the judgment of the Court of Criminal Appeals and remand this case for reinstatement of
Petitioner's convictions.
http://www.tba2.org/tba_files/TSC/2011/feltsh_111011.pdf
B & C CONSTRUCTION CO., INC. v. BANCORP SOUTH BANK, ET AL.
Court: TCA
Attorneys:
Adam M. Nahmias, Memphis, Tennessee, for the appellant, B & C Construction Co., Inc.
W. Rowlett Scott, Memphis, Tennessee, for the appellee, BancorpSouth Bank.
Judge: PER CURIAM
Appellant appealed a non-final judgment and therefore, we dismiss this appeal for lack of jurisdiction.
http://www.tba2.org/tba_files/TCA/2011/b&cconstruction_111011.pdf
JOHN V. L. v. STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES
Court: TCA
Attorneys:
Andrew L. Wener, Memphis, Tennessee, for the appellant, John V. L.
Robert E. Cooper, Jr., Attorney General and Reporter, Alexander S. Rieger, Assistant Attorney General, Tennessee, for the appellee, Tennessee Department of Children's Services.
Judge: FARMER
Respondent father asserts the petition for dependency and neglect filed by the Department of Children's Services in juvenile court should be dismissed for insufficient service of
process, and that Tennessee Code Annotated section 37-1-102(b)(23) is unconstitutional as applied to him. Upon de novo appeal, the circuit court affirmed the finding of dependency and neglect and dismissed the Constitutional challenge. We affirm.
http://www.tba2.org/tba_files/TCA/2011/johnvl_111011.pdf
MARGARET A. NORFLEET v. PULTE HOMES TENNESSEE LIMITED PARTNERSHIP
Court: TCA
Attorneys:
Tim L. Bowden, Goodlettsville, Tennessee and William K. Lane, Franklin, Tennessee, for the appellant, Margaret A. Norfleet.
Russell B. Morgan and Frankie N. Spero, Nashville, Tennessee, for the appellee, Pulte Homes Tennessee Limited Partnership.
Judge: CLEMENT
While touring a model home in a new residential home development, the plaintiff fell when she failed to see a four-inch step as she walked from the foyer into the sunken living room. This premises liability action followed. The defendant constructed, owned, and managed the model home in which the plaintiff fell. Upon motion of the defendant, the trial court summarily dismissed the complaint upon two findings: that the defendant did not owe a legal
duty to the plaintiff and that the plaintiff was more than fifty percent at fault. We affirm upon the finding that the plaintiff cannot establish that a duty was owed to her by the defendant.
http://www.tba2.org/tba_files/TCA/2011/norfleetm_111011.pdf
STATE OF TENNESSEE v. ERYK N. CARRASCO AND LUIS PRIETO
Court: TCCA
Attorneys:
Michael J. Flanagan, Nashville, Tennessee, for the appellant, Eryk N. Carrasco; and Olin J. Baker, Charlotte, Tennessee, for the appellant, Luis Prieto.
Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Dan Alsobrooks, District Attorney General; and Sarah Wojnarowski, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: TIPTON
The Defendants, Eryk N. Carrasco and Luis Prieto, pled guilty as Range I offenders to possession with intent to deliver less than 0.5 gram of cocaine, a Class C felony. See T.C.A.
sections 39-17-417(a), (c)(2)(A) (2010). Each defendant was sentenced to serve four years. The Defendants' plea agreements reserved a certified question of law regarding the legality of the traffic stop that led to their arrests. We affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/carrascoe_111011.pdf
LUE HOLCOMB V. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Jennifer D. Fitzgerald, Memphis, Tennessee, for the appellant, Lue Holcomb.
Robert E. Cooper, Jr., Attorney General & Reporter; Sophia S. Lee, Assistant Attorney General; William L. Gibbons, District Attorney General; Marlinee Iverson, Assistant District
Attorney General; for the appellee, State of Tennessee.
Judge: BIVINS
The Petitioner filed for post-conviction relief alleging (1) that he received ineffective assistance of counsel in conjunction with his guilty plea to aggravated assault; and (2) that
his plea was not voluntary as constitutionally required. After an evidentiary hearing, the post-conviction court denied relief, and the Petitioner has appealed. After a thorough review of the record, we affirm the judgment of the post-conviction court.
http://www.tba2.org/tba_files/TCCA/2011/holcombl_111011.pdf
STATE OF TENNESSEE v. ANTONIO DURRELL HUBBARD
Court: TCCA
Attorneys:
Kari L. Weber, Somerville, Tennessee, for the appellant, Antonio Durrell Hubbard.
Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Michael Dunavant, District Attorney General; and Terry Dycus, Assistant
District Attorney General, for the appellee, State of Tennessee.
Judge: SMITH
Appellant, Antonio Durrell Hubbard a/k/a Antonio Bradford, was indicted by the Fayette County Grand Jury in March of 2010 for possession of more than one-half ounce of
marijuana with intent to deliver, driving with a suspended license, and speeding. Prior to trial, Appellant sought to suppress the results of an inventory search. The motion to suppress was denied. After a trial, Appellant was convicted of possession of more than one-half ounce of marijuana with intent to deliver and driving on a suspended license. The speeding charge was dismissed. As a result of the convictions, Appellant received an effective sentence of one year. After the denial of a motion for new trial, Appellant has appealed. The following issues are presented for our review: (1) whether the trial court properly denied the motion to
suppress; and (2) whether the evidence was sufficient to support the convictions. After a review, we determine the trial court properly denied the motion to suppress and the evidence is sufficient to support the convictions. Accordingly, the judgments of the trial court are affirmed.
http://www.tba2.org/tba_files/TCCA/2011/hubbarda_111011.pdf
STATE OF TENNESSEE v. DERRICK RICE
Court: TCCA
Attorneys:
Barry W. Kuhn (on appeal) and Jane Sturdivant (at trial), Memphis, Tennessee, for the appellant, Derrick Rice.
Robert E. Cooper, Jr., Attorney General & Reporter; Sophia S. Lee, Assistant Attorney General; William L. Gibbons, District Attorney General; Patience Branham, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: BIVINS
Derrick Rice ("the Defendant") appeals jury convictions for first degree premeditated murder and attempted first degree premeditated murder, claiming that the trial court erred in denying extrinsic evidence of a prior inconsistent statement to impeach the testimony of a witness and challenging the sufficiency of the evidence for both convictions. After a thorough review of the record and the applicable law, we affirm the Defendant's convictions.
http://www.tba2.org/tba_files/TCCA/2011/riced_111011.pdf
IN RE: SHERMAN AMES III, BPR 007163
Court: TSC-Disciplinary_Order
Judge: KOCH
Disability Inactive Status Dissolved
http://www.tba2.org/tba_files/TSC/2011/amess_order_111011.pdf
IN RE: VICKI LYN FRYE-FOWLKES, BPR 0017362
Court: TSC-Disciplinary_Order
Judge: KOCH
Reinstatement Denied
http://www.tba2.org/tba_files/TSC/2011/fryefowlkesv_111011.pdf
IN RE: DAVID GREGORY HAYS, BPR 022496
Court: TSC-Disciplinary_Order
Judge: KOCH
Suspension
http://www.tba2.org/tba_files/TSC/2011/haysd_111011.pdf
IN RE: JACK LESTER MEWBORN JR., BPR 019832
Court: TSC-Disciplinary_Order
Judge: KOCH
Suspension
http://www.tba2.org/tba_files/TSC/2011/mewbornj_110111.pdf
IN RE: ALISA LASHELLE SIMMONS, BPR 022580
Court: TSC-Disciplinary_Order
Suspension
http://www.tba2.org/tba_files/TSC/2011/simmonsa_111011.pdf
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| TODAY'S NEWS |
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Legal News
Congressional News
Upcoming
Career Opportunities
Disciplinary Actions
TBA Member Services
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| Legal News |
| Lawyers rate candidates to fill Nashville judicial post |
| Lawyers taking part in a Nashville Bar Association survey released today gave their highest marks to Michael F. Jameson, one of 10 candidates vying to fill the General Sessions court position left open by the recent death of Judge Leon Ruben. The former metro city councilman is a member with North, Pursell, Ramos & Jameson PLC. |
Download the full survey results
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| Grand jury indicts former prosecutor |
| A grand jury has indicted former prosecutor Joe Crumley, who is charged with reckless endangerment, evading arrest, failure to yield and reckless driving. The charges stem from a Sept. 21 incident in Jonesborough during which Crumley allegedly refused to pull over when officers ordered him to do so. Crumley is free on bond and is scheduled to appear in Washington County Criminal Court on Nov. 18. |
The Johnson City Press reports
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| Former drug task force director arrested |
| Steve Lee, the former director of the 24th Judicial District Drug Task Force, has been arrested in connection with alleged acts of theft and misconduct while he was in office. He was indicted on Monday by a Henry County grand jury. The Tennessee Bureau of Investigation conducted a review of the drug task force earlier this year after the state comptroller discovered $4,000 missing.
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The Paris-Post Intelligencer has the story
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| 'Free to Tweet' campaign marks Bill of Rights Day |
| The First Amendment Center at Vanderbilt University this week joined a public education campaign to raise awareness about the First Amendment and the importance of Dec. 15, which this year will mark the 220th anniversary of the ratification of the amendment and the Bill of Rights. The organization hopes to generate interest and excitement for Bill of Rights Day. The 1 for All campaign is an effort by educators, journalists, attorneys, artists and authors to build broad understanding of the First Amendment among high school and college students. The initiative will use celebrities to encourage students to tweet messages celebrating the First Amendment.
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Learn more from the center
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| Littlefield seeks rehearing in ouster case |
| Chattanooga Mayor Ron Littlefield has asked the Tennessee Court of Appeals to rehear a case it dismissed last week, arguing it "misapprehended" facts agreed on by all parties to the case. The petition also argues that the trial court may issue a declaratory judgment against an election commission in a situation like the one in question. If the appeals court denies the rehearing, Littlefield could appeal to the Supreme Court -- a move his attorney said appeared likely.
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The Times Free Press reports
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| Cookbook on sale to benefit MALS |
| "Cooking Up Justice," a cookbook featuring recipes from members of the Memphis legal community, will go on sale soon. Proceeds will benefit Memphis Area Legal Services Inc. The cookbook is a project sponsored by Alpha Reporting Corporation. To reserve a copy, contact Karen Byars at (901) 523-8974 or karenbyars@alphareporting.com.
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| Lawyers needed to score college moot court |
| Lawyers are needed to sit as jurors and score the Appellate Moot Court Collegiate Challenge (AMC3) on Nov. 19 and 20. The program, the newest offering from the Tennessee Intercollegiate State Legislature Foundation (TISL) allows undergraduate students the opportunity to write briefs and argue as both petitioner and respondent in a fictitious case. Lawyer volunteers are needed for Saturday, Nov. 19, from 9 a.m. to 3:15 p.m. and for Sunday, Nov. 20, from 9 a.m. to 1 p.m. The proceedings will take place in the Old Supreme Court Chamber of the state capitol. For more information or to volunteer, contact Jeff Wilson at jeff@10ec.com or (615) 584-3336.
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Learn more about the competition here
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| Congressional News |
| Tenn. senators introduce online sales tax bill |
| U.S. Senators Lamar Alexander and Bob Corker, both Republicans from Tennessee, have co-sponsored a measure that would require online retailers to begin collecting and remitting state sales taxes. In a conference call with reporters, Alexander said the "Marketplace Fairness Act" is not a new tax or an Internet tax but merely an effort to collect a tax that's already owed but often is uncollected. Calculations show that Tennessee could collect between $300 million and $500 million a year that now goes unpaid. |
Learn more in the Nashville Business Journal
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| Upcoming |
| Event to raise funds for foster care dinner |
| The Knox County Juvenile Court will hold its annual basket auction and chili cook-off Nov. 18 from 11:30 a.m. to 1:30 p.m. All proceeds will help finance the Foster Care Appreciation Dinner held each year for children and parents in the foster care system. Basket donations are being accepted through Nov. 15. Tickets to the cook-off are $5. Contact Barbara Miller at (865) 215-6475 for more information.
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| Career Opportunities |
| Part time IT contract attorney sought |
| Counsel On Call seeks an attorney to assist with drafting, negotiation and maintenance of information technology (IT) contracts and software licensing agreements for 20-30 hours per week. This is an ongoing contract assignment in the legal department of a national company. Candidates should have at least seven years of experience with IT contracts and software agreements and must be able to work from the company's Nashville office.
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Learn more on JobLink
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| Disciplinary Actions |
| Lawyer removed from disability status |
| On Nov. 8, the Supreme Court of Tennessee issued an order removing Bradley County lawyer Sherman Ames III from disability inactive status. However, the court noted that Ames cannot be reinstated until outstanding disciplinary proceedings are resolved.
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Download the BPR notice
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| TBA Member Services |
| Use the TBA rewards card |
| A Tennessee Bar Association Platinum Plus MasterCard credit card from Bank of America rewards you for the things you buy anyway. You also have the chance to show your support for Tennessee Bar Association every time you present your card. To apply, call toll-free (866) 438-6262 or learn more here |
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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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