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| Tuesday, November 29, 2011 |
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Confusing correction about Clark corrected
An attempt on Nov. 23 to correct a story that was digested in
TBA Today on Nov. 22 has led to even more confusion regarding happenings
in the Criminal Court for Unicoi County. The correction wrongly indicated that defense
lawyers had alleged that Chief Justice Connie Clark had interfered with the
grand jury proceedings in a criminal case against Unicoi County Sheriff Kent
Harris. The allegation of interference in the grand jury process is made
against District Attorney General Tony Clark (who is the prosecutor in the case) and not Justice
Connie Clark (no relation).
The Nov. 22 TBA Today digested a link to a
story in the JohnsonCityPress.com, which correctly stated that Chief
Justice Connie Clark had appointed Senior Judge Jon Kerry Blackwood to
preside over a criminal case involving Unicoi County Sheriff Kent Harris.
The chief justice's order relieved Criminal Court Judge Lynn Brown of the
1st Judicial District from hearing the case. So far, the story and correction were
correct.
However, then the story got way off track. First, TBA Today used the
pronoun "she" in referring to our friend, colleague, and decidedly male,
Judge Lynn Brown. Next, TBA Today indicated that the defense lawyers had alleged that Chief
Justice Clark had interfered with the grand jury proceedings. The
JohnsonCityPress.com story uses "Clark" to refer to both Chief Justice
Clark and Tony Clark, which led to the confusion. The allegation of interference in the grand jury
process is made against Tony Clark
and not Justice Connie Clark.
TBA Today strives for complete accuracy in its digesting of stories like
these. When we do, on rare occasions, get it wrong, we attempt to correct
it. Unfortunately, we got this digest wrong and then got the correction
wrong, too. We offer our apology to Justice Clark, Judge Brown and others
involved.
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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.
00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
03 - TN Court of Appeals
01 - 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
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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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BECKY COOPER v. JASON POWERS ET AL.
With Dissenting Opinion
Court: TCA
Attorneys:
Gary W. Starnes, Chattanooga, Tennessee, for the appellant, Becky Cooper.
John D. Barry, Chattanooga, Tennessee, for the appellee, Pacific Employers Insurance Company.
Judge: SUSANO
At its core, this case is about the application of an offset provision in an uninsured motorist ("UM") policy to an individual's claim for damages arising out of an automobile accident in the course and scope of her employment. The plaintiff Becky Cooper's workers'
compensation claim arising out of the accident, along with another workers' compensation claim, this one for injuries sustained by the plaintiff "while getting a briefcase from her car," were settled and approved by the Chancery Court for Hamilton County. The "final order" of that court recites that the court acted upon the "joint petition of the employer, ... the insurer, ... and the employee, ...for the approval of a proposed settlement under the ...Workers' Compensation [Law]." The order does not expressly state that the plaintiff was
paid any benefits for the injuries sustained in the automobile accident; but it does recite that she received all of the benefits to which she was due with respect to the two claims. The plaintiff filed the present action against the driver and owner of the other vehicle involved in the accident and served a copy of the complaint on Pacific Employers Insurance Company,
the UM carrier of the company whose automobile the plaintiff was driving at the time of the accident. The UM carrier filed a motion for partial summary judgment asserting that it is entitled to an offset corresponding to the workers' compensation benefits to which the
plaintiff was entitled under the Workers' Compensation Law with respect to the automobile accident. The trial court granted the UM carrier partial summary judgment in an order that states simply, without further elaboration, "[t]his is a final order." For several reasons, we hold that the court's order is not a final order under Tenn. R. Civ. P. 54.02. However, in the interest of the efficient administration of justice, see Tenn. R. App. P. 1, we exercise our discretion to treat this appeal as if it were before us pursuant to the provisions of Tenn. R.
App. P. 9. With respect to the merits of this case, we affirm the trial court's order granting partial summary judgment and remand for further proceedings.
http://www.tba2.org/tba_files/TCA/2011/cooperb_112911.pdf
FRANKS dissenting
http://www.tba2.org/tba_files/TCA/2011/cooper_DIS_112911.pdf
MARCELLA E. MAY v. DONALD B. MAY, ET AL.
Court: TCA
Attorneys:
D. Mitchell Bryant, Athens, Tennessee, for the appellants, Donald B. May and Donald P.
May.
Harold L. North, Jr., Chattanooga, Tennessee, for the appellee, Marcella E. May.
Judge: SWINEY
After twenty-five years of marriage, Marcella E. May ("Wife") sued Donald B. May ("Husband") for divorce. Husband's adult son Donald P. May ("Son") was added later to the suit as a defendant concerning a real property transfer. After a trial, the Trial Court entered its Final Decree of Divorce, inter alia, awarding Wife a divorce, dividing the marital property, awarding Wife transitional alimony, and awarding Wife judgment for attorney's fees against Husband. After further hearing, the Trial Court entered subsequent orders awarding Wife $63,474.34 in attorney's fees and $2,965.77 in costs against Husband, and $4,083.50 in attorney's fees against Son. Husband and Son appeal to this Court raising issues regarding the classification and distribution of specific property, and the awards of
alimony and attorney's fees. We affirm with regard to the classification and distribution of property, the award of alimony, and the award of attorney's fees against Husband. We find and hold that no contractual or statutory basis allowed for an award of attorney's fees against Son, and we, therefore, vacate the award to Wife of a judgment for attorney's fees against Son.
http://www.tba2.org/tba_files/TCA/2011/maym_112911.pdf
JESSE L. ROGERS v. KNOX COUNTY CRIMINAL COURT
Court: TCA
Attorneys:
Jesse L. Rogers, Pro Se Appellant.
Joseph G. Jarret, Knoxville, Tennessee, for the appellee, Knox County Criminal Court.
Judge: SWINEY
Jesse L. Rogers ("Plaintiff") appeals an order from the Chancery Court for Johnson County ("Chancery Court") dismissing his Petition for Access to Public Records. We affirm the dismissal of Plaintiff's petition.
http://www.tba2.org/tba_files/TCA/2011/rogersj_112911.pdf
IVANO STAMEGNA v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Marya L. Schalk, Chattanooga, Tennessee, for the appellant, Ivano Stamegna.
Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant AttorneyGeneral; William H. Cox, III, District Attorney General, and Lance Pope, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WEDEMEYER
The Petitioner, Ivano Stamegna, pled guilty to attempt to possess more than 300 grams of cocaine, and the trial court sentenced him to eight years. In 2010, the Petitioner filed a petition for post-conviction relief. After a hearing, the post-conviction court dismissed the
petition, concluding that he did not file his petition within the applicable statute of limitations. On appeal, the Petitioner contends that the post-conviction court erred because either the statutory exception for new, retrospectively applicable constitutional rights or the
constitutional exception for due process require the tolling of the statute of limitations. After a thorough review of the record and the applicable authorities, we affirm the post-conviction court's judgment.
http://www.tba2.org/tba_files/TCCA/2011/stamegnai_112911.pdf
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| TODAY'S NEWS |
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Legal News
Upcoming
Disciplinary Actions
TBA Member Services
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| Legal News |
| Archives to preserve state's legal history |
| Tennessee court records dating back more than two centuries -- including the Scopes "monkey trial" case file, lawsuits challenging Jim Crow legislation, and cases involving Andrew Jackson both as a judge and as a litigant -- are among materials unearthed in the Tennessee State Library and Archives' efforts to create a database that the public can search online.
The project will preserve 10,000 boxes of Supreme Court cases from the state's birth to the 1950s.
"This is a project that's going to take years to finish, but at the end of it, Tennesseans will have access to the legal foundation of the state," Assistant State Archivist Wayne Moore says.
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Learn more from The Tennessean
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| Shelby Juvenile Court looks toward national honor |
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The American Correctional Association (ACA) is expected to accredit the Shelby County Juvenile Detention Center in January, said Larry Scroggs, chief administrative officer for Juvenile Court. This will make it the second juvenile detention center in Tennessee to earn a coveted national accreditation. Nashville Juvenile Judge Betty Adams Green said Davidson County became the state's first juvenile detention center to win ACA accreditation in 1999. |
The Commercial Appeal has more
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| Juror questions at issue in MTSU murder trial |
| A Tennessee trial rule that allows jurors to ask questions of witnesses is expected to be allowed in a high-profile Middle Tennessee murder trial. But Joe Brandon Jr., a lawyer for Shanterrica Madden, a former Middle Tennessee State University student accused of killing Lady Raiders basketball star Tina Stewart last year, argued at a hearing Monday that juror questions should not be allowed. A set of courtroom rule changes approved by the Tennessee Supreme Court in 2003 included allowing jurors -- at a judge's discretion -- to anonymously submit written questions for witnesses. Rutherford County Circuit Judge Don Ash did not make a final ruling on Brandon's request but said at the hearing that he would appreciate any suggestions from lawyers on both sides for improving the process. |
The Tennessean reports
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| U.S. attorney Stanton collects $11 million |
| Edward L. Stanton III, the U.S. attorney for the Western District of Tennessee, announced last week that his office collected about $11.9 million in fiscal year 2011 related to criminal and civil actions. The office, along with the department's litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the United States and criminal debts owed to federal crime victims. |
Get more details from NW Tennessee Today
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| Memphis lawyer receives UK Coat of Arms |
| Memphis lawyer Robert Hutton is profiled, talking about his work in civil rights and death penalty cases -- and his recent acquisition of a coat of arms in the United Kingdom's Royal College of Arms in this piece by the Memphis Daily News. |
Read it here
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| Memory not as reliable as previously thought |
| This month, the Supreme Court heard its first oral argument in more than three decades questioning the validity of eye witness testimony. The case involves a New Hampshire man convicted of theft, who was accused by a woman who saw him from a distance in the dead of night.
For scientists, memory has been on trial for decades, and courts and public opinion are only now catching up with the verdict. It has come as little surprise to researchers that about 75 percent of DNA-based exonerations have come in cases where witnesses got it wrong.
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Read more about eyewitness memory in The New York Times
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| Justice Department busy during Thanksgiving week |
| The U.S. Justice Department was busy last week, announcing that it is
"reviewing the statements and actions by banks and their trade associations
regarding possible increases in consumer fees for using debit cards" for any
antitrust violations, as well as filing suit against Utah's immigration enforcement
law. |
WREG carried this AP story
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| Upcoming |
| Memphis law hosts legal writing faculty training |
| The University of Memphis Cecil C. Humphreys School of Law will host a one-day workshop on Dec. 2 from 9 a.m. to 5 p.m. for those interested in learning how to teach legal writing. The conference will provide resources for current faculty as well as those who are thinking about becoming legal writing faculty. It will be held at the school, located downtown Memphis at 1 North Front Street.
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Learn more or register online
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| Mentor lunch Saturday in Johnson City |
| A Lawyers' Mentor Lunch will be Dec. 3 at Restaurant One 12, 112 Tipton St., Johnson City, following the Washington County Bar's Good Samaritan Clinic, which is 9 to 11 a.m. After lunch, experienced practitioners will answer questions from young lawyers. There will be "no materials, presentations or war stories," but lawyers will
answer questions about cases, problems, presentations, trial strategy, BPR issues, management issues and more. There is
no RSVP required and all lawyers and paralegals are invited.
For information contact Tony Seaton at 423-282-1041 or at tony@tonyseaton.com. |
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| Disciplinary Actions |
| Six lawyers reinstated after administrative suspension |
| Four Tennessee-licensed lawyers have been reinstated after being administratively suspended for
CLE noncompliance in 2011, while one lawyer has been reinstated after being suspended for
CLE noncompliance in 2008 and another lawyer has been reinstated after being suspended for failure to pay the 2011 BPR registration fee. See updated lists at the links above.
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| TBA Member Services |
| Secure, compliant data backup now available |
| The TBA's official data protection, backup and recovery vendor of choice, i365, offers secure online backup solutions. i365 minimizes downtime by backing up files quickly and easily, and helps lawyers remain compliant by maintaining file integrity. Get i365 and be confident your data is securely stored and protected. TBA members enjoy a 10 percent savings on all services. For more information on this member benefit Denise Lucas at (407) 523-9774. |
Learn why lawyers trust i365 for online data backup solutions
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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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