Conder, Pride and Tatum on short list for court vacancy

The Judicial Nominating Commission today recommended three candidates to Gov. Bill Haslam for the vacancy in the 26th Judicial District. The opening was created by the appointment of Roger A. Page to the Court of Criminal Appeals. Selected today were Dale Conder Jr., with Rainey, Kizer, Reviere & Bell PLC of Jackson; Nathan Pride, a sole practitioner in Jackson; and Lloyd Tatum, who is in private practice in Chester.

The Administrative Office of the Courts has more

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Court: TWCA


Rochelle M. Evans, Clarksville, Tennessee, pro se.

Sarah H. Reisner and Michael L. Haynie, Nashville, Tennessee, for the appellant, Ford Motor Company.

Judge: KURTZ

The employee sought reconsideration of her workers' compensation settlement. The trial court found that she had voluntarily resigned and was therefore not eligible to receive reconsideration. The employee has appealed. We affirm the trial court's judgment.


Court: TWCA


Michelle B. Owens, Nashville, Tennessee, for the appellant, Mohamud Hirsi Mohamed.

Vanessa R. Comerford, Franklin, Tennessee, and Margaret R.T. Myers, Nashville, Tennessee, for the appellees, Taxi USA of Tennessee, LLC d/b/a Allied Car Company and Travelers Indemnity Company of America.


In this case, the plaintiff, a taxi driver injured in a motor vehicle accident, sought workers' compensation benefits from the taxi company that he alleged employed him. The trial court held that he was an independent contractor and dismissed the complaint. The plaintiff appealed. We affirm the judgment.


Court: TWCA


William M. Billips, Nashville, Tennessee, for the appellants, Lodgenet Interactive Corporation and CNA Insurance Company.

Stanley A. Davis, Nashville, Tennessee, for the appellee, James E. Sanders.


In this workers' compensation action, the employee alleged that he sustained compensable injuries to his neck and lower back as a result of a March 29, 2007 automobile accident. His employer denied that the employee had any permanent impairment or disability due to the accident. The employer sought an evaluation through the Medical Impairment Registry, but the doctor selected for the evaluation declined to assess impairment because he did not find the employee to be at maximum medical improvement. The employer sought a continuance of the previously-scheduled trial. The trial court denied that motion. The trial court ruled for the employee and awarded disability benefits. On appeal, the employer argues that the trial court erred by denying its motion to continue and by awarding permanent disability benefits. We affirm the judgment.


Court: TCA


Robert L. Green and Darryl D. Gresham, Memphis, Tennessee, for the appellant, Leon Dickson, Sr.

David M. Cook and Virginia P. Bozeman, Memphis, Tennessee, for the appellee, Sidney H. Kriger, M.D.


This appeal arises from injuries Plaintiff sustained after undergoing laser corrective eye surgery. Plaintiff filed a complaint against Defendant alleging medical negligence. Subsequently, Defendant filed an amended answer alleging, inter alia, the affirmative defense of comparative fault. Plaintiff filed a motion to strike portions of Defendant's amended answer, and following a hearing on the motion, Defendant agreed to the entry of a consent order waiving the defense of comparative fault. Thereafter, Plaintiff filed motions in limine to preclude the testimony of two of Defendant's experts. Plaintiff argued that, because Defendant waived comparative fault, he could not use the causation testimony of the two experts to shift blame away from himself unless he first plead comparative fault under Rule 8.03 of the Tennessee Rules of Civil Procedure. The trial court denied both motions. We granted permission for interlocutory appeal. We affirm in part, reverse in part, and remand for further proceedings.


Court: TCA


Michael San Miguel, New Orleans, Louisiana, Pro Se.

Gerald L. Gulley, Jr., Knoxville, Tennessee, for the appellee, Nicholas Brandon San Miguel.


Michael San Miguel ("Claimant") filed a claim against his brother's estate, Marshal San Miguel ("Decedent"), alleging that Decedent was responsible for expenses and mortgage payments relating to their jointly-owned Louisiana property. Decedent's son, Nicholas Brandon San Miguel ("Beneficiary"), filed an exception to the claim. The clerk and master disallowed the claim. Claimant objected to the clerk and master's report, and the trial court precluded recovery. Claimant appeals. We reverse the court's preclusion of recovery of the mortgage payments and expenses and conclude that Claimant is entitled to reimbursement for the mortgage payments submitted on behalf of Decedent and a portion of the expenses incurred on behalf of the property. We affirm the court's decision in all other respects.


Court: TCCA


W.B. Mitchell Carter, Jr., Chattanooga, Tennessee, for the appellant, Steven Larry Kilgore, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; William H. Cox, District Attorney General; and Brian Finlay, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The appellant, Steven Larry Kilgore, Jr., pled nolo contendere in the Hamilton County Criminal Court to misdemeanor theft of property and received a sentence of eleven months, twenty-nine days to be served on probation. As part of the plea agreement, the appellant reserved a certified question of law as to whether the police had reasonable suspicion to seize and detain him and whether the subsequent, non-consensual search of his car and seizure of evidence was illegal. Based upon the oral arguments, the record, and the parties' briefs, we affirm the judgment of the trial court.


Court: TCCA


Michael Smythe, Clifton, Tennessee, pro se.

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; Charles Frank Crawford, Jr., District Attorney General; and Michael D. Randles, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The pro se petitioner, Michael Smythe, appeals the Bedford County Circuit Court's summary dismissal of his petition for post-conviction relief filed 14 years after the entry of his guilty-pleaded convictions of aggravated robbery and aggravated assault for which he received sentences of 17 years' and 6 years' incarceration. Discerning no error, we affirm the judgment of the post-conviction court.


Court: TCCA


Jerome Williams, Clifton, Tennessee, pro se.

Robert E. Cooper, Jr., Attorney General and Reporter; and Mark A. Fulks, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The petitioner, Jerome Williams, appeals the Wayne County Circuit Court's summary dismissal of his petition for writ of habeas corpus. In this appeal, the petitioner claims entitlement to habeas corpus relief on the basis that the trial court was without jurisdiction to enter his 1986 conviction of aggravated rape because the indictment failed to allege an offense. Discerning no error, we affirm the judgment of the habeas corpus court.


Court: TSC-Disciplinary_Order

Judge: KOCH



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Disciplinary Actions
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