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| Friday, December 16, 2011 |
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Gingrich take on courts called 'dangerous' by former AGs
Two former attorneys general under President George W. Bush say Newt Gingrich's position paper on reining in the authority of the federal courts has some disturbing elements. In a Fox News exclusive interview, former Attorney General Michael Mukasey says some of the ideas are "dangerous, ridiculous, totally irresponsible, outrageous, off-the-wall and would reduce the entire judicial system to a spectacle." In a 28-page position paper entitled, "Bringing the Courts Back Under the Constitution," Gingrich argues that when the Supreme Court gets it wrong constitutionally, the president and Congress have the power to check the court, including, in some cases, the power to simply ignore a Supreme Court decision.
Mukasey and Alberto Gonzales said they are particularly alarmed by provisions such as allowing Congress to subpoena judges after controversial rulings to "explain their constitutional reasoning" to the politicians who passed the laws.
See the exclusive FOX News interview
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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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REYNALDO COLLAZO ET AL. v. JOE HAAS D/B/A HAAS CONSTRUCTION ET AL.
Court: TCA
Attorneys:
Aldo J. Stolte and Thomas R. Lewis, Nashville, Tennessee, for the appellants, Reynaldo Collazo and Sharon Collazo.
Thomas J. Smith, Courtney E. Smith, and Spicer Rudstrom, Nashville, Tennessee, for the appellees, John Doe and Nationwide Insurance Co.
Judge: CLEMENT
This is an action to recover uninsured motorist benefits following a motor vehicle collision involving the plaintiff and another vehicle. The driver of the defendant vehicle left the scene and has not been identified. The owner of the vehicle was subsequently identified, but denied knowing the identity of the driver and claimed no one had permission to operate the vehicle at the time of the accident. The named defendants in this action are the owner of the vehicle and John Doe, the unknown driver. Plaintiffs' uninsured motorist insurance carrier, Nationwide Insurance Co., is an unnamed defendant. The defendant owner has liability
insurance coverage through State Farm Insurance Co. The plaintiffs settled all claims against the defendant-owner and State Farm for $90,000, $10,000 less than the uninsured motorist limits with Nationwide. Thereafter, the plaintiffs continued to pursue their claims against Nationwide for uninsured motorist benefits, insisting the settlement with the owner of the
vehicle did not bar their claims against the uninsured John Doe driver. Upon motion for summary judgment by Nationwide, the trial court found that because the owner of the vehicle had $100,000 of liability insurance, there was not an "uninsured motor vehicle." Based on
this finding, the trial court summarily dismissed the plaintiffs' uninsured motorist claim against Nationwide. We reverse and remand for further proceedings.
http://www.tba2.org/tba_files/TCA/2011/collazor_121611.pdf
JEFFREY L. DILLON v. NICA, INC., ET AL.
Court: TCA
Attorneys:
W. I. Howell Acuff, Cookeville, Tennessee, for the appellants, NICA, Inc., and Thomas M. McGrath.
Jon E. Jones and Andrew R. Binkley, Cookeville, Tennessee, for the appellee, Jeffrey L. Dillon.
Judge: DINKINS
After his claim for insurance benefits for an injury sustained while making a delivery was denied, plaintiff filed suit against the delivery company, the company providing the insurance coverage and its president, and the third party administrator of the insurance plan, asserting causes of action for breach of contract, violation of the Tennessee Consumer Protection Act,
and conspiracy to evade the Tennessee Workers' Compensation Act. The jury found the company providing the insurance and its president liable for violation of the Consumer Protection Act and awarded compensatory and punitive damages. On appeal, the insurance company and president contend that the trial court erred in finding that the plaintiff was an employee of delivery company rather than an independent contractor, in excluding various exhibits and testimony, in denying the president's motion for a directed verdict, and in awarding punitive damages. Because the punitive damage awarded was predicated on the violation of the Tennessee Consumer Protection Act, which does not authorize an award of punitive damages, the award of punitive damages is vacated and the case remanded for a determination of whether an award of treble damages under the Consumer Protection Act should be awarded. In all other respects, the judgment and rulings are affirmed.
http://www.tba2.org/tba_files/TCA/2011/dillonj_121611.pdf
IN RE DYLAN H., ET AL.
Court: TCA
Attorneys:
Janie Lindamood, Johnson City, Tennessee, for the appellant, Valerie H.
Lisa Rice, Elizabethton, Tennessee, for the appellees, Karen C. and Raymond C.
Lisa Anne Witherspoon, Johnson City, Tennessee, guardian ad litem for the minors, Dylan H. and Jade H.
Judge: MCCLARTY
This is a parental rights termination case in which Karen C. and Raymond C. (collectively the "Grandparents") filed a petition to terminate the parental rights of Valerie H. ("Mother") and Ronnie H. ("Father") to minor children, Dylan H. and Jade H. (collectively the
"Children"). Temporary custody of the Children was awarded to the Grandparents in July 2007. The Grandparents, alleging abandonment, persistence of conditions, and failure to adhere to a permanency plan, filed a petition to terminate parental rights in February 2010. Following a bench trial, the court dismissed the petition as to Father but found that clear and convincing evidence existed to support the termination of Mother's parental rights on the ground of abandonment and that it was in the best interest of the Children to terminate Mother's parental rights. Mother appeals. We do not believe the Grandparents proved by
clear and convincing evidence that Mother abandoned the Children. Accordingly, we reverse the decision of the trial court. The case is remanded to the trial court for further proceedings as may be necessary.
http://www.tba2.org/tba_files/TCA/2011/dylanh_121611.pdf
STATE OF TENNESSEE V. MICHAEL W. PARSONS
Court: TCCA
Attorneys:
Richard B. Fields (on appeal), Memphis, Tennessee, for the appellant, Michael W. Parsons.
Robert E. Cooper, Jr., Attorney General & Reporter; Jeffrey D. Zentner, Assistant Attorney General; D. Michael Dunavent, District Attorney General; James Walter Freeland Jr. and Billy Burk, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: BIVINS
A jury convicted the defendant of two counts of aggravated assault, one count of burglary of a vehicle, and two counts of theft under $500. The trial court subsequently sentenced the defendant as a Range I standard offender to three years on each of the aggravated assault convictions; one year on the burglary conviction; and eleven months, twenty-nine days on
each of the misdemeanor theft convictions. The trial court ordered the sentences on the felony convictions to run consecutively, for an effective sentence of seven years. On appeal, the defendant claims five errors: (1) the trial court wrongfully deprived him of his right to
counsel; (2) the trial court erred in sustaining the State's objections to the defendant's case; (3) the trial court erred in its handling of one of the jurors; (4) the jury failed to follow its instructions; and (5) the trial court erred in denying judicial diversion and in failing to apply mitigating factors when imposing sentence. We hold that the defendant is entitled to no relief and affirm the trial court's judgments.
http://www.tba2.org/tba_files/TCCA/2011/parsonsm_121611.pdf
STATE OF TENNESSEE v. TODD JOSEPH SWEET a/k/a JAMIE LEE TURPIN
Court: TCCA
Attorneys:
Robert L. Jolley, Jr., Knoxville, Tennessee, for the Appellant, Todd Joseph Sweet.
Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Steven Bebb, District Attorney General, and Paul Rush, Assistant District Attorney General, for the Appellee, State of Tennessee.
Judge: WEDEMEYER
A Monroe County jury convicted the Defendant, Todd Joseph Sweet, of two counts of forgery and two counts of criminal simulation, and the trial court sentenced him to sixteen years in the Tennessee Department of Correction. On appeal, the Defendant contends: (1)
the trial court improperly denied his motion to dismiss for failing to try him within 180 days of his transfer, as proscribed by the Interstate Compact on Detainers; (2) the trial court improperly denied his request for severance; (3) the trial court improperly denied his motion for a mistrial based on the State's introduction of evidence of the Defendant's other crimes; (4) the trial court improperly refused to strike the State's "Notice of Intent to Seek Enhanced Punishment and/or Notice of Impeaching Convictions"; (5) the trial court improperly refused to excuse six jurors who had media knowledge of other crimes the Defendant allegedly
committed; (6) the trial court improperly allowed the State to re-call witness A.J. Smith in order to prove venue; (7) the State failed to prove venue; (8) the trial court failed to properly instruct the jury; (9) the evidence is insufficient to support his convictions; (10) the State failed to comply with Tennessee Rule of Criminal Procedure 16 when it failed to provide the
Defendant's trial counsel with letters written by the Defendant and intercepted by the Monroe County Sheriff's Department; and (11) the trial court erred when it sentenced him. After a thorough review of the record and applicable law, we affirm the trial court's judgments.
http://www.tba2.org/tba_files/TCCA/2011/sweett_121611.pdf
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| TODAY'S NEWS |
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Legal News
TBA Member Services
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| Legal News |
| Littlefield asks to block election of replacement |
| Mayor Ron Littlefield has filed a second lawsuit in Circuit Court seeking to overturn efforts to recall him.
The 18-page complaint, asking for an injunction blocking a planned election next August for a new mayor, was filed this morning by attorney Hal North. |
The Chattanoogan reports
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| Knox judicial commissioner field down to 8 |
| Knox County officials have narrowed the list of candidates to fill an open judicial commission job, creating a field of attorneys that includes public servants, a former police officer, longtime veterans and a few just out of law school. |
See the list from the News Sentinel
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| Editorial: Elected officials going after online pirates |
| In an editorial, the Commercial Appeal praises U.S. Rep. Marsha Blackburn and Senators Lamar Alexander and Bob Corker for
their efforts to combat the problem of online piracy. |
Read the editorial
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| Judge: Even 'uncomfortable' tweets are protected |
| A U.S. District judge in Maryland ruled in an opinion yesterday that just as the colonists drafted the First Amendment with public bulletin boards in mind, the same protections should be afforded to Tweets and other posts online. Even though William Cassidy's speech, the judge said, "may have inflicted substantial emotional distress, the Government's Indictment here is directed squarely at protected speech: anonymous, uncomfortable Internet speech addressing religious matters." |
The Blog of Legal Times reports
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| Russell is new Chancery clerk in Shelby County |
| Donna L. Russell, a CPA and lawyer working for FedEx, will be Shelby County's new Chancery Court clerk. She was chosen over 41 other candidates, |
the Commercial Appeal reports
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| Knox court collects toys for children in court |
| Stuffed animals by the boxload are spilling into Knox County Juvenile Court after Judge Tim Irwin asked for donations of the cuddly toys used to comfort scared children in his court. Despite the outpouring, court officials say they can't have too many new stuffed animals and say keep 'em coming. Knox County Juvenile Court handles about 31,000 cases annually. |
Learn more from the News Sentinel
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| Domestic violence victims honored in Scott County |
| Family and friends gathered at the Scott County Justice Center Thursday evening to remember local domestic violence victims.
Participants placed ornaments, bearing the names of domestic violence victims, on a 5-foot-tall tree. |
WBIR has the story with video
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| TVA pays $11 million in legal fees so far on ash spill |
| The Tennessee Valley Authority has spent almost $11 million so far on outside legal help to battle lawsuits from the Kingston Plant coal ash spill.
The nation's largest public utility told The Associated Press on Friday that it paid about $10.8 million to the Shook Hardy & Bacon law firm of Kansas City, Mo. |
The News Sentinel has this story
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| Littler Mendelson heads to Mexico |
| Mega employment and labor law firm Littler Mendelson PC has joined forces with a prominent group of Mexican attorneys to open two offices in Mexico -- one in Mexico City and the other in Monterrey. The firm has more than 50 offices in the U.S., including one in Nashville. |
NashvillePost has more
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| Christen confirmed to 9th Circuit |
| A long Senate standoff was ended with a 95-3 vote this week to confirm Alaska Supreme Court Justice Morgan Christen to a seat on the Ninth U.S. Circuit Court of Appeals. |
Gavel Grab has the story
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| States ask to wait on high court's immigration ruling |
| Georgia, Alabama and South Carolina asked judges Thursday to halt proceedings in cases challenging the states' immigration laws.
The motions filed by the states' attorneys general come three days after the U.S. Supreme Court said it would consider a challenge to Arizona's controversial immigration law. |
CNN reports
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| Georgia judge faces new ethics charges |
| Georgia's Judicial Qualifications Commission says Amanda F. Williams, chief judge of the Brunswick Judicial Circuit, violated ethics rules in her choice of lawyers to defend her against a dozen ethics charges already filed against her.
The new count brings to 14 the number of charges the commission has leveled against Williams. Her court was featured earlier this year on NPR's This American Life.
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Jacksonville.com reports
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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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or get an online rate quote
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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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