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| Thursday, December 01, 2011 |
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New trials OK'd for 5 from Baumgartner's court
Special Judge Jon Kerry Blackwood today granted new trials for four defendants convicted in the 2007 slaying of Channon Christian and Chris Newsom, agreeing with lawyers that then-presiding Judge Richard Baumgartner's conduct led to fundamental structural flaws in the prosecutions. According to the Knoxville News Sentinel, Blackwood said Baumgartner was intoxicated and deeply addicted to hydrocodone in 2009 and 2010 while the four were being prosecuted. Records also indicate Baumgartner used defendants under his influence to procure drugs and engaged in sexual relations with, and lied on behalf of, another defendant. Baumgartner pleaded guilty in March to official misconduct and resigned. He was disbarred by the Supreme Court on Oct. 12.
Earlier this week, Knox County Criminal Court Judge Mary Beth Leibowitz ordered a new trial for another defendant -- unrelated to the Christian/Newsom case -- who was convicted of attempted murder in a 2010 trial presided over by Baumgartner.
Read about that case in the News Sentinel
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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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DAVID KIRBY v. MEMPHIS JEWISH NURSING HOME
Court: TWCA
Attorneys:
Jeffrey G. Foster and David E. Goudie, Jackson, Tennessee, for the appellant, Memphis Jewish Nursing Home.
Ricky L. Boren, Jackson, Tennessee, for the appellee, David Kirby.
Judge: KURTZ
An employee sustained a compensable injury to his shoulder. While he was recovering from surgery, he reinjured his shoulder when his dog pulled his arm while he was holding the dog by its collar. The trial court found that the reinjury was a direct and natural result of the earlier compensable injury and that the reinjury caused an increase in impairment. The employer has appealed, contending that the trial court incorrectly applied the intervening injury rule and incorrectly adopted the evaluating physician's impairment. We affirm as to the reinjury but conclude that the trial court erroneously based its award upon an incorrect
impairment rating, and we modify the judgment accordingly.
http://www.tba2.org/tba_files/TSC_WCP/2011/kirbyd_120111.pdf
NICOLLE ELIZABETH ANDERSON v. DONALD W. ANDERSON
Court: TCA
Attorneys:
Donald Wayne Anderson, Clifton, Tennessee, Pro Se.
James H. Flood, Lebanon, Tennessee, for the appellee, Nicolle Elizabeth Anderson.
Judge: CLEMENT
In this divorce action, the husband appeals the entry of a default judgment and the resulting Order of Divorce and Permanent Parenting Plan. The husband was properly served but never filed an answer. Months later, upon motion of the wife, the trial court granted a default judgment against the husband as he had not filed an answer to the complaint for divorce when the motion was heard. Finding no error, we affirm.
http://www.tba2.org/tba_files/TCA/2011/andersonn_120111.pdf
WALTON CUNNINGHAM & PHYLLIS CUNNINGHAM EX REL. PHILLIP WALTON CUNNINGHAM v. WILLIAMSON COUNTY HOSPITAL DISTRICT ET AL.
Court: TCA
Attorneys:
Bryan Essary and James Sperring, Nashville, Tennessee, for appellants, Williamson County Hospital District, d/b/a Williamson Medical Center, Karen Christopher, R.N., C. Atkins, R.N., Camela McCullough, NT, Cary Ralph, LPH, Jane Doe, CNT, and Jane Doe, R.N.
Philip N. Elbert and Elizabeth S. Tipping, Nashville, Tennessee, for the appellees, Walton Cunningham and Phyllis Cunningham, individually and as surviving parents of Phillip Walton Cunningham, deceased.
Judge: CLEMENT
Defendants, Williamson Medical Center and five of its employees, appeal from the denial of their motion to dismiss this medical malpractice action. They contend the action is time barred because it was filed more than one year after the cause of action accrued, in violation
of the one year statute of limitations applicable to Tennessee Governmental Tort Liability Act actions, codified at Tennessee Code Annotated section 29-20-305(b). The trial court, however, found that the action was timely filed because it was commenced within the 120-day extension afforded to the plaintiffs pursuant to an amendment to the Tennessee Medical
Malpractice Act, codified at Tennessee Code Annotated section 29-26-121(c) (2009). We have determined that the amendment codified at Tennessee Code Annotated section 29-26-121(a)-(c) applies, notwithstanding the one-year statute of limitations provision under the Governmental Tort Liability Act, that the plaintiffs' compliance with the pre-suit notification provision in
Tennessee Code Annotate section 29-26-121(a) extended the statute of limitations by 120 days, and
that this action was timely filed within the 120-day extension. Therefore, were affirm.
http://www.tba2.org/tba_files/TCA/2011/cunninghamw_120111.pdf
JOHN RUFF v. REDDOCH MANAGEMENT, LLC, ET AL.
Court: TCA
Attorneys:
John Ruff, Memphis, Tennessee, Pro Se.
Roger Alden Stone and Lisa Nicole Stanley, Memphis, Tennessee, for the appellees, Reddoch Management, LLC, and Adams Rentals.
Judge: DINKINS
Tenant filed suit against his former landlord and the current owner of premises that tenant leased alleging, inter alia, breach of contract and violations of the Uniform Residential Landlord and Tenant Act. Trial court dismissed tenant's claim against the former landlord
holding that the landlord was exempt from suit pursuant to Tenn. Code Ann. section 66-28-305.
The court dismissed the claim against the current owner because tenant failed to comply with the fourteen day pre-suit notice requirement at Tenn. Code Ann. section 66-28-501(a). Finding no error, we affirm the trial court.
http://www.tba2.org/tba_files/TCA/2011/ruffj_120111.pdf
CORIN MUCHA WILKINSON v. THOMAS GREGG WILKINSON
Court: TCA
Attorneys:
James L. Weatherly, Jr., Nashville, Tennessee, for the appellant, Thomas Gregg Wilkinson.
Grant C. Glassford, Brentwood, Tennessee, for the appellee, Corin Mucha Wilkinson.
Judge: SWINEY
This case concerns the divorce of Thomas Gregg Wilkinson ("Husband") and Corin Mucha Wilkinson ("Wife"). Wife filed for divorce in the Circuit Court for Davidson County ("the Trial Court"). The Trial Court, in its final decree granting the divorce, inter alia, divided the marital estate and awarded Wife alimony. Husband appeals, contesting the division of the marital estate, the award of alimony to Wife, the award of attorney's fees to Wife, and a judgment against him for pendente lite support arrearages. We modify the judgment of the
Trial Court as it relates to the Trial Court's marital debt allocation/alimony in solido and the amount of arrearages Husband owes. Otherwise, we affirm the judgment of the Trial Court.
http://www.tba2.org/tba_files/TCA/2011/wilkinsonc_120111.pdf
CORIN MUCHA WILKINSON v. THOMAS GREGG WILKINSON (CONTEMPT PETITION)
Court: TCA
Attorneys:
James L. Weatherly, Jr., Nashville, Tennessee, for the appellant, Thomas Gregg Wilkinson.
Grant C. Glassford, Brentwood, Tennessee, for the appellee, Corin Mucha Wilkinson.
Judge: SWINEY
Corin Mucha Wilkinson ("Wife") filed a petition for criminal contempt in the Circuit Court for Davidson County ("the Trial Court") against Thomas Gregg Wilkinson ("Husband"). Wife and Husband were in the midst of a divorce. Wife, in her petition for contempt, alleged that Husband had willfully failed to pay his monthly pendente lite support as ordered. The Trial Court found Husband guilty of two counts of criminal contempt. Husband appeals. We affirm the judgment of the Trial Court.
http://www.tba2.org/tba_files/TCA/2011/wilkinsonc_contempt_120111.pdf
RICHARD MADKINS v. HENRY STEWARD, WARDEN
Court: TCCA
Attorneys:
Richard Madkins, Henning, Tennessee, Pro Se.
Robert E. Cooper, Jr., Attorney General and Reporter; and Meredith Devault, Senior Counsel, for the appellee, State of Tennessee.
Judge: GLENN
The petitioner, Richard Madkins, appeals the Lauderdale County Circuit Court's dismissal of his petition for writ of habeas corpus, arguing that he is being illegally restrained because his sentence is void and expired. Following our review, we affirm the summary dismissal of the petition.
http://www.tba2.org/tba_files/TCCA/2011/madkinsr_120111.pdf
NORRIS E. RAY v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Paul K. Guibao (on appeal) and Andrew Hutchinson (at hearing), Memphis, Tennessee, for the appellant, Norris E. Ray.
Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Paul Hagerman, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: GLENN
The petitioner, Norris E. Ray, appeals the post-conviction court's denial of his petition for post-conviction relief, arguing he received the ineffective assistance of counsel at trial and on appeal. After review, we affirm the denial of the petition.
http://www.tba2.org/tba_files/TCCA/2011/rayn_120111.pdf
MICHAEL VINCENT RICCO V. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Chadwick R. Wood, Lexington, Tennessee, for the appellant, Michael Vincent Ricco.
Robert E. Cooper, Jr., Attorney General & Reporter; Brent C. Cherry, Senior Counsel; James G. Woodall, District Attorney General; Angela R. Scott, Assistant District Attorney General; for the appellee, State of Tennessee.
Judge: BIVINS
Michael Vincent Ricco ("the Petitioner") was convicted by a jury of rape of a child and aggravated sexual battery. This conviction was affirmed on direct appeal. The Supreme Court denied the Petitioner's application for permission to appeal. See State v. Michael Vincent Ricco, No. W2008-00756-CCA-R3-CD, 2009 WL 2191872 (Tenn. Crim. App. July 23, 2009), perm. app. denied, (Tenn. Dec. 14, 2009). The Petitioner filed for post-
conviction relief, claiming that he was denied effective assistance of counsel at trial. After an evidentiary hearing, the post-conviction court denied relief, and the Petitioner has appealed. After a thorough review of the record and the applicable law, we affirm the decision of the post-conviction court.
http://www.tba2.org/tba_files/TCCA/2011/riccom_120111.pdf
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| TODAY'S NEWS |
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Legal News
Passages
Disciplinary Actions
Upcoming
TBA Member Services
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| Legal News |
| MBA elects officers, presents awards |
| Memphis lawyer Gary Smith with Apperson Crump took office as president of the Memphis Bar Association at the group's annual meeting today. Other officers elected were Secretary Tommy Parker and board members Lucie Brackin, Don Donati, Tim Hayes, Bobby Martin, Andre Wharton and Lang Wiseman. Also during the meeting, the MBA presented the Sam A. Myar Jr. Memorial Award to Lucie Brackin and the Judge Jerome Turner Lawyer's Lawyer Award to Elizabeth Collins. Earlier, the MBA Young Lawyers Division held its annual meeting and presented the Chancellor Charles A. Rond Memorial Award for Outstanding Judge of the Year to Shelby County Circuit Court Judge Jerry Stokes. Also at that meeting, Abby Webb with Shuttleworth Williams took office as the 2012 YLD president.
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| Judge orders private prison to release documents |
| Davidson County Chancellor Claudia Bonnyman ruled today that private prison company Corrections Corporation of America (CCA) must turn over more documents to a magazine that advocates for the rights of prisoners. CCA had argued that the documents were confidential and handled by an independent general counsel. Bonnyman, however, ruled that CCA is subject to Tennessee's open records law because it is the equivalent of a government agency. Attorneys for CCA indicated they will likely appeal.
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News Channel 5 has this AP story
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| Deadline for law student program extended |
| The TBA Young Lawyers Division has extended by one week the application deadline for its Diversity Leadership Institute -- a six-month leadership program for Tennessee law students in their second, third or fourth years of study. Applications are now due at 5 p.m. Central time Dec. 12.
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Learn more about the program and how to apply
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| Lawyers named to state posts |
| Gov. Bill Haslam has appointed Nashville lawyer Jane Young to be general counsel at the Tennessee Department of Health. She also will serve as ethics compliance officer for the department. In addition, Lt. Governor Ron Ramsey has appointed Huntingdon lawyer John D. Stevens to the Post-Conviction Defender Oversight Commission. Since earning his law degree, Stevens has been in private practice focusing on Medicaid, estate planning and workers' compensation. |
See a list of other recent appointments
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| National Democrats launch voting rights effort |
| The Democratic National Committee said today it is planning a major effort to protect voting rights in the 2012 election in light of new voting laws in eight states, including Tennessee. Concerned about voter suppression efforts, party officials said they were organizing on a variety of fronts to overturn some of the measures, educate voters on the types of documents necessary to vote, and pursue lawsuits if necessary. Tennessee is among a number of states that passed laws this year requiring photo identification to vote. |
The Memphis Daily News reports
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| Passages |
| Memphis lawyer, civil rights pioneer dies |
| Memphis civil rights lawyer Russell X. "Tommy" Thompson died Nov. 24 of cancer. He was 84. Thompson was born into a poor family during the Depression, dropped out of school in the eighth grade and ran away from home. He later moved to Memphis and earned a law degree in 1965 from the Southern Law University. He was the first white lawyer for the Memphis chapter of the NAACP and represented the "Invaders," who allegedly caused chaos during a march led by Martin Luther King Jr. in support of the city's striking sanitation workers. Thompson later opened the first integrated law firm in Memphis. He was still working a week before his death when he learned he had cancer in his liver, kidneys, lungs and brain. At his request, he will be cremated with no memorial service or funeral.
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Read more about his life in the Commercial Appeal
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| Disciplinary Actions |
| Nashville area lawyer suspended |
| On Nov. 21, Davidson County lawyer Bradley H. Frakes was suspended by the Tennessee Supreme Court for one year, retroactive to a temporary suspension imposed Nov. 17, 2010. The court noted, however, that he will not receive credit for 180 days spent incarcerated. Frakes pled guilty to two counts of misdemeanor DUI, admitted representing a client despite a conflict of interest and violated a Tennessee Lawyers Assistance Program (TLAP) contract. The court directed Frakes to enter into a new TLAP monitoring agreement and comply with its terms and conditions. |
Download the BPR release
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| Upcoming |
| Firm sponsors 5K race |
| The Nashville law firm of Kinnard, Clayton & Beveridge will host the 5th Annual Snowflake 5K, benefiting Prevent Child Abuse Tennessee. The race is Dec. 10 at Shelby Bottoms Park in East Nashville. This year, festivities include free pictures with Santa, cash prizes for the top male and female runners and a silent auction. |
Register online
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| TBA Member Services |
| December 'Journal' features white-collar defense, BPR stories |
| Defense of white-collar crime is what's hot in the December Tennessee Bar Journal, out today. Read Hon. Robert L. Echols and Eli J. Richardson's article about it. Big changes at the Board of Professional Responsibility since Nancy Jones became its chief disciplinary counsel also are profiled, and Donna Harkness details the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. Finally, Kathryn Reed Edge tells you the top 10 things non-bank lawyers need to know, and Dan Holbrook writes about the accountability of powers of attorney. He also provides an updated chart that now includes the 2012 federal exemptions for combined federal and Tennessee death taxes. |
Read the Journal online or look for it in your mailbox
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| Follow us! |
| More than 1,500 people and businesses are now getting regular updates on news from the Tennessee legal community by following the Tennessee Bar Association on Twitter. Join the crowd by following @tennesseebar or watch for the tag #tnlaw. You can also watch for regular updates on the TBA's Facebook page.
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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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