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| Wednesday, November 30, 2011 |
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Supreme Court launches access to justice website
The Tennessee Supreme Court today announced a new online service to help the public navigate the court system and provide resources for those who cannot afford legal representation. The new website, JusticeForAllTN.com, includes downloadable court forms, information about common legal issues, guidance for self-represented litigants and an interactive map highlighting services available in each of the state's 95 counties. The site also provides a link to OnlineTNJustice.org -- a web-based project of the Tennessee Alliance for Legal Services and the Tennessee Bar Association that matches volunteer lawyers with those in need of free legal assistance. Finally, the site features a section for attorneys to volunteer their services and learn about pro bono opportunities.
In announcing the site, Tennessee Supreme Court Chief Justice Cornelia A. Clark said, "We view the Justice For All website as a clearinghouse of information and legal resources for Tennesseans facing civil legal issues without the assistance of an attorney" and "hope this site can make the legal system more accessible for all Tennesseans, regardless of income level."
Learn more about this new service
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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
01 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - 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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and save a plain-text version of the opinion.
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JUDY KILBURN EX REL ESTATE OF CHARLES KILBURN v. GRANITE STATE INSURANCE COMPANY ET AL.
Court: TWCA
Attorneys:
Brian Dunigan, Goodlettsville, Tennessee, for the appellant, Judy Kilburn.
Desiree I. Hill and M. Neal Cope, Nashville, Tennessee, for the appellees, Granite State Insurance Company and Ryan T. Brown.
Judge: ANDERSON
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. The employee was seriously injured in the course of his employment in an automobile accident in November 2008. He suffered fractures of his neck and back and underwent a surgical fusion of his neck. Over the course of the next year, he suffered severe pain and was eventually referred to a pain management physician, who prescribed oxycodone. He filed suit against his employer for workers' compensation benefits. He died in January of 2010 of an accidental overdose of oxycodone over 14 months after his
injuries. His widow was substituted as plaintiff in his workers' compensation suit and filed a motion to amend the complaint to allege that his death was related to his work injury and that she was entitled to death benefits. The employer opposed the motion to amend, contending the death was not compensable because it was not the "direct and natural result of a compensable injury" but rather, the result of an intervening cause, i.e., the employee's negligence in consuming an overdose of medicine. The trial court denied the motion to amend. The parties entered into a series of stipulations concerning the remaining issues in the case, and judgment was entered. The widow has appealed,
contending that the trial court erred in denying her motion to amend the complaint. We agree, reverse the judgment, and remand the case to the trial court for further proceedings.
http://www.tba2.org/tba_files/TSC_WCP/2011/kilburnj_113011.pdf
W. TURNER BOONE ET AL. v. LOREN L. CHUMLEY, COMMISSIONER OF THE TENNESSEE DEPARTMENT OF REVENUE
Court: TCA
Attorneys:
Charles W. Van Beke, Knoxville, Tennessee, for the appellants, W. Turner Boone and wife, Sally-Bruce M. Boone.
Robert E. Cooper, Jr., Attorney General and Reporter; Joseph F. Whalen, Associate Solicitor General; and Gregory O. Nies, Assistant Attorney General, Tax Division, Nashville, Tennessee, for the appellee, Loren L. Chumley, Commissioner of the Tennessee Department
of Revenue.
Judge: SUSANO
W. Turner Boone and wife, Sally-Bruce M. Boone ("the Taxpayers"), are Tennessee residents who own stock in South Carolina corporations. In 2001, the Taxpayers paid South Carolina income tax of $43,328 based on pass-
through income of $623,941. The Taxpayers received dividend distributions of $204,988 on the same income. They filed a 2001 Tennessee Hall Income Tax return reporting the dividends with a resulting tax of $12,288,
against which they claimed a credit for a like amount based upon their payment of the South Carolina income tax. Their claimed credit is based upon a deduction allowed by statute for "tax paid to [another] state . . . provided, that there exists a tax credit reciprocity agreement between Tennessee and the other state." Tenn. Code Ann. section 67-2-122 (2011). Loren L.
Chumley, Commissioner of the Tennessee Department of Revenue ("the Commissioner") declined to allow the credit. She gave notice of an outstanding tax liability for 2001 in the amount of $15,017.93, including penalties and interest. The Taxpayers paid the assessment under protest and filed this action against the Commissioner after they demanded and were
denied a refund. The trial court upheld the Commissioner's denial. The Taxpayers appeal. We affirm.
http://www.tba2.org/tba_files/TCA/2011/boonew_113011.pdf
IN RE FISK UNIVERSITY
With a Concurring and Dissenting Opinion
Court: TCA
Attorneys:
John P. Branham, Stacey A. Garrett, C. David Briley, and C. Michael Norton, Nashville, Tennessee, for the Appellant, Fisk University.
Robert E. Cooper, Jr., Attorney General and Reporter, Joseph F. Whalen, Associate Solicitor General, Janet M. Kleinfelter, Deputy Attorney General, and William N. Helou, Nashville, Tennessee, for the Appellee, State of Tennessee.
Judge: DINKINS
After finding that cy pres relief was available to modify conditions imposed by donor of artwork which had been gifted to Fisk University, the trial court approved agreements whereby the Crystal Bridges Museum would purchase a fifty percent interest in the art for $30 million and would thereafter share in the display and maintenance of the artwork. The court conditioned approval of the agreements on the requirement that Fisk establish an endowment of $20 million from the proceeds of sale in furtherance of the donor's intent to
make the art available for the citizens of Nashville. The Attorney General of Tennessee appeals, contending that the trial court exceeded the scope of remand and that the court erred in determining that the agreement with the Crystal Bridges Museum most closely reflects the
donor's intent. Fisk seeks review of trial court's requirement that it establish the endowment. We affirm the trial court's decision in part, reverse in part, and remand for further proceedings.
http://www.tba2.org/tba_files/TCA/2011/fisk_113011.pdf
CLEMENT concurring in part and dissenting in part
http://www.tba2.org/tba_files/TCA/2011/fisk_CON_113011.pdf
STATE OF TENNESSEE v. JASON OSMOND HINES
Court: TCCA
Attorneys:
Donna Miller, Chattanooga, Tennessee, for the appellant, Jason Osmond Hines.
Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; William H. Cox, III, District Attorney General, Cameron Williams and Lance Pope, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: SMITH
Appellant was convicted following a jury trial of two counts of second degree murder and one count of aggravated assault. At a separate sentencing hearing, the trial court sentenced Appellant to twenty-two years as Range I, violent offender, for each second degree murder conviction and to five years for the aggravated assault conviction. The trial court merged one of the second degree murder convictions and the aggravated assault conviction into the remaining second degree murder conviction. On appeal, Appellant argues that (1) the evidence was insufficient to support his conviction for second degree murder; (2) the trial court erred in excluding a drawing from evidence; (3) the trial court erred in denying Appellant's request for a mistrial; (4) the State committed prosecutorial misconduct by
suborning perjury of one of its witnesses; (5) the State committed prosecutorial misconduct by making inappropriate comments during closing argument; (6) the cumulative effects of errors at trial precluded a fair trial; and (7) the trial court erred in sentencing Appellant. We have reviewed the record on appeal and conclude that Appellant cannot be successful on any
of the above issues. Therefore, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/hinesj_113011.pdf
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| TODAY'S NEWS |
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Legal News
Upcoming
Career Opportunities
TBA Member Services
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| Legal News |
| Swanson named Knoxville law director |
| Knoxville attorney and former Tennessee Bar Association President Charles W. Swanson today was named law director for the city of Knoxville. He replaces Debbie Poplin, who recently resigned to accept the clerk's position with the U.S. District Court for the Eastern District of Tennessee. Swanson, a partner with Sheppeard Swanson & Mynatt, has served for more than 26 years as special counsel to the Knoxville City Council. He previously served as assistant city attorney from 1982-1984 and as special judge and referee of the Knox County Juvenile Court from 1979-1982. He was TBA president in 2004-2005. |
Read more in the News Sentinel
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| McGraw wins legal battle with Curb |
| Davidson County Chancellor Russell Perkins today ruled in favor of country superstar Tim McGraw in his battle against Curb Records. The decision allows McGraw to record outside of his contract with Curb while the company's lawsuit claiming breach of contract is pending. Trial on that issue is set for July. Perkins said he would issue a written order next week. |
The Tennessean reports
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| Fisk applauds appellate decision on art deal |
| Fisk University may get millions more from a deal to share its art collection after the Tennessee Court of Appeals struck down a ruling from the Davidson County Chancery Court. The ruling had required Fisk to set aside $20 million from the proceeds of sharing the collection with an Arkansas museum to pay for maintenance of the art. The appellate decision sends the cases back to chancery court for further consideration. Download the majority opinion and a concurring and dissenting opinion from Judge Frank Clement. |
The Tennessean has more
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| Court clerk's race heats up |
| With one week to the filing deadline, the race for Shelby County General Sessions Court clerk has become the busiest of four races to be decided next year. Former clerk Otis Jackson, who was suspended with pay in August following his indictment on four counts of official misconduct, plans to run as does Shelby County Commission Chairman Sidney Chism and four other Democrats: Marion Brewer, Curtis Byrd, James Finney and Patricia Jackson. The lone Republican primary contender is Rick Rout, son of former Shelby County Mayor Jim Rout. The deadline to file is noon Dec. 8. |
The Memphis Daily News reports
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| Baker Donelson CEO talks expansion plans |
| Ben Adams, Baker Donelson's chairman and CEO, tells the Memphis Daily News that the firm would love to add to its offices in most every city where it currently operates, and is in ongoing discussions with one or two potential hires in most of those locations. Adams also talks about areas for growth, including into the geographic areas of Atlanta and Washington, D.C., and the practice areas of health care, intellectual property and energy as well as representation of public companies.
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Read about the firm's plans
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| Firm sponsors student contest on issue of respect |
| The Nashville law firm of Kinnard, Clayton & Beveridge recently sponsored an essay contest for area fifth-graders to reflect their understanding of the concept of respect. Nearly 900 students submitted entries. Firm founder Randy Kinnard recognized the top finishers at a Metro Nashville Courthouse event. Winning first place was Susannah Loss of Meigs Middle Magnet School, who received $1,000 for herself, $1,000 for her school and $1,000 for the charity of her choice -- St. Jude Children's Research Hospital. |
The Tennessean has more
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| Juveniles held in adult facilities is rare occurrence |
| In 2008, 15-year old homicide suspect Jamar Siler escaped from the Knox County juvenile detention center, leading to a decision to house him in an adult facility after he was apprehended. Assigning juveniles to adult facilities has been rare in the state since legislation was passed in 1985 generally barring the practice. The News Sentinel looks at the history of the issue and why some juveniles still are housed in adult facilities.
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Learn more here
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| NLRB approves revised union election rule |
| The National Labor Relations Board (NLRB) voted today along party lines to move forward with a new labor rule related to union elections. Opponents continue to argue the rule will restrict the ability of employers to adequately discuss unionization with their employees. Supporters say the change is needed to eliminate delays between employees' decisions to start a union and the day a vote is held. Over the summer, Memphis lawyer Arnold E. Perl testified against the original version of the rule on behalf of the Tennessee Chamber of Commerce and Industry.
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Politico.com has the story on today's vote
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| Upcoming |
| Federalist Society hosts judicial selection debate |
| The Memphis Lawyers' Chapter of the Federalist Society will present a debate on applying the federal model for judicial selection to Tennessee, as envisioned in legislation proposed by Tennessee state Sen. Brian Kelsey, R-Germantown. The Dec. 9 event will feature Kelsey and Memphis lawyer Danny Van Horn, president of the Tennessee Bar Association. U.S. Magistrate Judge Charmiane G. Claxton will serve as moderator. The event will be held from 11:30 a.m. to 1 p.m. at the Madison Hotel in downtown Memphis. Cost is $25 for society members and $30 for non-members. Lunch is included. To register contact Greg Grisham at (901) 312-9413 or greg.grisham@leitnerfirm.com by Dec. 6.
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| Career Opportunities |
| U.S. DOJ has openings around the country |
| The U.S. Department of Justice yesterday announced 11 employment opportunities in its offices around the country and abroad, including one position with the U.S. Attorney's Office for the Middle District of Tennessee.
In addition, the department announced opportunities for legal interns to serve in its offices throughout the country. Law students who are interested in a volunteer internship can review these opportunities on the department's website. |
Learn more about all the positions
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| TBA Member Services |
| Program offers savings on auto insurance |
| See how being a member of the TBA could help you save 8 percent on car insurance. GEICO offers 24-hour sales, service and claims. Call GEICO at (800) 368-2734
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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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