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| Monday, November 14, 2011 |
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Supreme Court to hear health care challenge in March
The U.S. Supreme Court said today it will hear arguments in March about the constitutionality of President Barack Obama's health care overhaul. It also announced the process for oral arguments, designating an "extraordinary" five-and-a-half hours on four questions: whether the law's individual insurance mandate is constitutional, whether the rest of the law can take effect even if the individual mandate is ruled unconstitutional, whether the law goes too far in coercing states to participate in an expanded Medicaid program, and whether the case is premature since no one has yet been assessed a penalty or fine for not complying with the law.
The News Sentinel has this AP story
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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
03 - 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
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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List
Court: TSC
http://www.tba2.org/tba_files/TSC/2011/certlist_111411.pdf
DANNY WAYNE FINCHUM v. SHANDA KAY FINCHUM COOPER
Court: TCA
Attorneys:
Eric J. Burch, Manchester, Tennessee, for the appellant, Danny Wayne Finchum.
Joseph Eugene Ford, Winchester, Tennessee, for the appellee, Shanda Kay Finchum Cooper.
Judge: PER CURIAM
This is an appeal from an order granting a partial summary judgment in an action to modify a final decree of divorce. Because the order appealed does not resolve all the claims between the parties but rather orders the remaining issues set for trial, we dismiss the appeal for lack of a final judgment.
http://www.tba2.org/tba_files/TCA/2011/finchumd_111411.pdf
MORGAN KEEGAN & COMPANY, INC. v. WILLIAM HAMILTON SMYTHE, III, INDIVIDUALLY; WILLIAM H. SMYTHE, IV, TRUST U/A/DTD 12/29/87, WILLIAM H. SMYTHE, III, TRUSTEE; AND SMYTHE CHILDREN'S TRUST #2 FBO KATHERINE S. THINNES U/A/DTD 12/29/87
Court: TCA
Attorneys:
Christopher S. Campbell and Laura S. Martin, Memphis, Tennessee; Jef Feibelman, David E. Goodman, and Mary C. Hamm, Memphis, Tennessee; and Dale Ledbetter, Fort
Lauderdale, Florida, for the Respondent/Appellants, William Hamilton Smythe, III, et al.
John S. Golwen, William G. Whitman, and Annie T. Christoff, Memphis, Tennessee, for the Petitioner/Appellee, Morgan Keegan & Company, Inc.
Judge: KIRBY
This appeal involves a trial court's order vacating an arbitration award. The parties engaged in arbitration over a dispute in which the respondent investors asserted that the petitioner investment company mismanaged their funds. The investors prevailed and received a substantial arbitration award against the investment company. The investment company filed
a petition in the trial court to vacate the arbitration award, alleging partiality and bias on the part of two members of the arbitration panel. After a hearing, the trial court entered an order vacating the arbitration award and remanding the matter to the regulatory authority for a rehearing before another panel of arbitrators. The respondent investors now appeal. We
dismiss the appeal for lack of appellate jurisdiction.
http://www.tba2.org/tba_files/TCA/2011/morgankeegan_111411.pdf
CHARLES ROACH AND JOYCE ROACH V. DIXIE GAS COMPANY; BEN THOMAS WILLIAMS, JR., INDIVIDUALLY AND AS OWNER AND MANAGER OF DIXIE GAS COMPANY; SEMSTREAM, L.P.; SANTIE WHOLESALE OIL COMPANY, A DIVISION OF BLUE RHINO RELIABLE PROPANE; AND JOHN DOES 1 THROUGH 10
Court: TCA
Attorneys:
Edward M. Bearman, Memphis, Tennessee, for the Plaintiff/Appellants Charles Roach and Joyce Roach.
John V. McCoy and Eugene M. LaFlamme, Waukesha, Wisconsin; and Kenneth R. Rudstrom, Memphis, Tennessee, for the Defendant/Appellees Dixie Gas Company and Benjamin Thomas Williams, Jr.
Judge: KIRBY
This lawsuit for damages arises out of an explosion. The plaintiff customers went to the defendant propane gas facility to fill their recreational vehicle with propane. Soon after they arrived, one of the propane hoses began to leak, and propane gas vapor began to envelope
the premises. After a short period of time, the propane gas tank exploded, causing devastating property damage and destroying the plaintiffs' recreational vehicle. The plaintiffs filed this lawsuit against the defendants, alleging that they were near the explosion
site when the explosion occurred, and that the explosion caused them numerous physical and
psychological injuries. The defendants admitted liability and compensated the plaintiffs for their property damage. The defendants claimed, however, that the plaintiffs were not present at the explosion site when the explosion occurred and did not sustain any personal injuries caused by the explosion. After a jury trial, the jury returned a verdict in favor of the defendants, determining that the explosion did not cause any personal injuries to the plaintiffs and awarding zero damages. The plaintiffs now appeal. We affirm.
http://www.tba2.org/tba_files/TCA/2011/roachc_111411.pdf
MICHAEL LEE MCKINNEY v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Michael Lee McKinney, Chattanooga, Tennessee, pro se.
Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; William H. Cox, III, District Attorney General, for the appellee, State of Tennessee.
Judge: THOMAS
The Petitioner, Michael Lee McKinney, appeals the Hamilton County Criminal Court's summary dismissal of his pro se petition for writ of habeas corpus seeking relief from his eight-year sentence for reckless aggravated assault. On appeal, the Petitioner contends that the habeas corpus court erred in dismissing his petition without a hearing or the appointment
of counsel. Because the Petitioner has failed to comply with the procedural prerequisites for seeking habeas corpus relief, we affirm the summary dismissal of the petition.
http://www.tba2.org/tba_files/TCCA/2011/mckinneym_111411.pdf
STATE OF TENNESSEE v. KRISTIE M. SMITH
Court: TCCA
Attorneys:
Robert R. Kurtz, Knoxville, Tennessee, for the appellant, Kristie M. Smith.
Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Randall Eugene Nichols, District Attorney General; and Ta Kisha Fitzgerald, Assistant District Attorney General, for the appellee, the State of Tennessee.
Judge: WOODALL
Defendant, Kristie M. Smith, was indicted by the Knox County Grand Jury for the first degree premeditated murder of her boyfriend, Curtis Phoenix. Following a jury trial, Defendant was convicted as charged and sentenced to life imprisonment. On appeal, Defendant asserts that: 1) the evidence was insufficient to sustain her conviction; 2) the admission into evidence of Defendant's recorded phone calls from jail was error; 3) the admission into evidence of letters written by the Defendant while in jail was error; and 4) Defendant received the ineffective assistance of counsel at trial. After a thorough review of the record before us, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/smithk_111411.pdf
STATE OF TENNESSEE v. JONATHAN RAY SWANNER
Court: TCCA
Attorneys:
John M. Boucher, Jr.(at motion for new trial and on appeal); Joseph Liddell Kirk and Steven Edward Sams (at trial), Knoxville, Tennessee, for the appellant, Jonathan Ray Swanner.
Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; Randall Eugene Nichols, District Attorney General; and Charme Knight, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WITT
A Knox County Criminal Court jury convicted the defendant, Jonathan Ray Swanner, of three counts of rape of a child, see T.C.A. section 39-13-522 (2006), and one count of aggravated sexual battery, see id. section 39-13-504(a)(4). The trial court imposed sentences of 24 years' incarceration for each rape of a child conviction and 11 years' incarceration for the
aggravated sexual battery conviction, to be served concurrently at 100 percent. In addition to challenging the sufficiency of the evidence on appeal, the defendant contends that the trial court's ruling that the defendant could not testify about the victim's prior allegation of molestation resulted in a denial of the defendant's right to testify; that the trial court erred by
allowing the State to use leading questions in its direct examination of the victim; that the trial court erred by allowing the State to introduce extrinsic evidence of a prior inconsistent statement to impeach the victim; that the State violated the rules of discovery by not
disclosing the victim's statement prior to trial; and that the trial court erred by not giving a limiting jury instruction regarding prior inconsistent statements. Discerning no error, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/swannerj_111411.pdf
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| TODAY'S NEWS |
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Passages
Legal News
Upcoming
TBA Member Services
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| Passages |
| Services Tuesday for Knoxville lawyer |
| Knoxville lawyer Gene A. "Chip" Stanley Jr. died Nov. 12 after a struggle with bone marrow cancer. He was 67. A 1973 graduate of the University of Tennessee College of Law, Stanley served as an assistant U.S. attorney in the middle district of Tennessee and practiced law for 35 years in Knoxville. A service honoring his life will be held tomorrow (Tuesday) at Sequoyah Hills Presbyterian Church, 3700 Keowee Ave., Knoxville 37919. The service will begin at 1 p.m., with the family receiving guests afterward. In lieu of flowers, contributions may be made to the church or The Multiple Myeloma Foundation, 383 Main Avenue, 5th Floor, Norwalk, CT 06851. |
Read more about Stanley's life
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| Legal News |
| News Sentinel: Unseal Baumgartner report |
| The Knoxville News Sentinel is seeking to unseal the file of a TBI investigation that found former Knox County judge Richard Baumgartner bought prescription painkillers from a probationer in his court. Attorneys for several defendants convicted in Baumgartner's court during the same time period reportedly have reviewed the file and now are using it to argue for new trials. Jack McElroy, editor of the paper, writes that by keeping the file sealed, an "extraordinary veil of secrecy has been dropped over government decision-making." In the motion seeking access to the report, the paper argued that to "to cloak this [information] in secrecy is an error of constitutional proportions." |
Read McElroy's explanation of why the paper is taking action
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| Legal aid agencies receive technology grants |
| The Legal Services Corporation (LSC) has awarded more than $3.6 million in technology grants to 37 state and local legal aid agencies. In Tennessee, Memphis Area Legal Services received $52,776 to install an electronic document management system, desktop faxing and computer hardware and software upgrades. The grant also will be used to create a unified communications system for the agency. On the other opposite end of the state, Legal Aid of East Tennessee received $31,200 to replicate a model online intake system integrated with its case management system. The money also will be used to create a triage tool and improve the agency's website. Learn more about the LSC grant program.
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Download the full list of grant recipients
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| Maury County judges argue for new justice center |
| Several Maury County judges are going public with calls for a new criminal justice center that was shelved when the economy turned sour. Arguing that the 100-year-old Maury County Courthouse is overcrowded and unsafe, the judges appealed to county commissioners to make the new center a priority. The county attorney also weighed in, warning commissioners the county would be liable if anything goes wrong at the courthouse. |
The Daily Herald reports
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| Charges dropped against Nashville protestors |
| All charges against Occupy Nashville protesters have been dropped and their records expunged after Gov. Bill Haslam asked prosecutors not to pursue the cases. Members of the group had been arrested last month for trespassing on state Capitol grounds. The cases were resolved this morning in Davidson County General Sessions court. |
Learn more in the Tennessean
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| UT moot court team wins regional competition |
| The University of Tennessee College of Law National Moot Court team was victorious at the regional competition and will compete -- for the second year in a row -- in the national finals. The team, coached by professors Joseph Cook and John Sobieski, won every round, beating Loyola (twice), Memphis, Faulkner and Mississippi College. The team's brief also was named the best in the competition.
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Learn more from the school
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| Civil rights icons speak to students |
| Actor Danny Glover, Chicago educator Marva Collins and Russlyn H. Ali, assistant secretary for the U.S. Office of Civil Rights, spoke to Memphis students last week about the important role young people played in the civil rights movement. The group was in town for Saturday's ceremony honoring the winners of the National Civil Rights Museum's Freedom Awards. |
Read about the event in the Commercial Appeal
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| Upcoming |
| Film documents Memphis desegregation |
| The Cecil C. Humphreys School of Law will host a public screening of "The Memphis 13" on Nov. 17, at 6:30 p.m. in the school's Wade Auditorium. The documentary about the desegregation of public schools in Memphis was produced and directed by law professor Daniel Kiel, who will take questions from the audience after the screening. To reserve a seat, contact Chelsea Dubey at ctdubey@memphis.edu or (901) 678-4910. |
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| KBA memorial service set for Friday |
| The Knoxville Bar Association will hold its annual memorial service on Friday, Nov. 18, at 3 p.m. in the Tennessee Supreme Court Courtroom, located at 505 Main Street. Supreme Court Justice Gary R. Wade will open and close the service and Rev. Charles W.B. Fels will officiate. Special music will begin at 2:45 p.m. with a reception to follow. Fourteen attorneys and longtime KBA executive secretary Marguerite McCampell will be honored.
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Learn more from the KBA
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| TBA Member Services |
| Ship directly from Microsoft Office Outlook with FedEx QuickShip |
| Now you can ship your FedEx packages directly from the Microsoft Office Outlook application -- and save money doing it. It's a fast and convenient way to easily access some of the most popular features on fedex.com using Microsoft technology. That's why you should Think FedEx First.
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Take advantage of your member discounts on select FedEx shipping services and FedEx OfficeSM business services
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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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