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| Friday, February 10, 2012 |
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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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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
03 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
03 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
01 - 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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ROCHELLE M. EVANS v. FORD MOTOR COMPANY
Court: TWCA
Attorneys:
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.
http://www.tba2.org/tba_files/TSC_WCP/2012/evansr_021012.pdf
MOHAMUD HIRSI MOHAMED v. TAXI USA OF TENNESSEE, LLC d/b/a ALLIED CAR COMPANY ET AL.
Court: TWCA
Attorneys:
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.
Judge: HARRIS
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.
http://www.tba2.org/tba_files/TSC_WCP/2012/mohamedm_021012.pdf
JAMES E. SANDERS v. LODGENET INTERACTIVE CORPORATION ET AL
Court: TWCA
Attorneys:
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.
Judge: HARRIS
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.
http://www.tba2.org/tba_files/TSC_WCP/2012/sandersj_021012.pdf
LEON DICKSON, SR. v. SIDNEY H. KRIGER, M.D.
Court: TCA
Attorneys:
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.
Judge: FARMER
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.
http://www.tba2.org/tba_files/TCA/2012/dicksonl_021012.pdf
IN RE ESTATE OF MARSHAL SAN MIGUEL
Court: TCA
Attorneys:
Michael San Miguel, New Orleans, Louisiana, Pro Se.
Gerald L. Gulley, Jr., Knoxville, Tennessee, for the appellee, Nicholas Brandon San Miguel.
Judge: MCCLARTY
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.
http://www.tba2.org/tba_files/TCA/2012/miguelm_021012.pdf
STATE OF TENNESSEE v. STEVEN LARRY KILGORE, JR.
Court: TCCA
Attorneys:
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.
http://www.tba2.org/tba_files/TCCA/2012/kilgores_021012.pdf
MICHAEL SMYTHE v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
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.
http://www.tba2.org/tba_files/TCCA/2012/smythem_021012.pdf
JEROME WILLIAMS v. CHERRY LINDAMOOD, WARDEN
Court: TCCA
Attorneys:
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.
http://www.tba2.org/tba_files/TCCA/2012/williamsj_021012.pdf
IN RE JAMES L. RATHER, BPR 019722
Court: TSC-Disciplinary_Order
Judge: KOCH
Disbarment
http://www.tba2.org/tba_files/TSC/2012/ratherj_021012.pdf
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| TODAY'S NEWS |
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Passages
Legal News
General Assembly News
Election 2012
Disciplinary Actions
TBA Member Services
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| Passages |
| Trailblazing former Vanderbilt Law prof dies following stroke |
| Retired Vanderbilt Law School professor Robert Belton died Thursday after suffering a stroke. He was 76. A nationally recognized scholar of labor and employment and civil rights law, Belton joined Vanderbilt's law faculty in 1975 and became the first African American to be granted tenure at Vanderbilt Law School. He was a popular and beloved teacher and mentor who particularly enjoyed working with students interested in social justice. He played an important role in mentoring minority law students, serving as faculty adviser to the Black Law Students Association and working with other African American faculty on equality issues at Vanderbilt.
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Read more from Vanderbilt University
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| Legal News |
| Old reels of James Earl Ray trial found |
| Nine newly found film reels may document the jailing and trial of James Earl Ray, the man who pleaded guilty to assassinating civil rights leader Martin Luther King Jr. The reels, discovered last spring in an old credenza at the Criminal Justice Center in downtown Memphis, may contain three hours of footage about Ray's incarceration and trial, Shelby County register Tom Leatherwood says, or they may have deteriorated beyond use. |
The Jackson Sun carried this AP story
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| New York firm headed to Nashville |
| New York-based Pillsbury Winthrop Shaw Pittman is close to finalizing a deal to occupy the Ragland Building at 300 Second Ave. S. in downtown Nashville. |
The Nashville Business Journal has more
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| Editorial: Put civics back in Tennessee's classrooms |
| On the heels of former U.S. Supreme Court Justice Sandra Day O'Connor's visit to Murfreesboro this week, the Daily News Journal writes in an editorial that
civics classes should be put back into Tennessee's -- and America's -- classrooms.
O'Connor had pointed out in her speech that half of the states, including Tennessee, don't require civics before a student graduates. She urged the numerous Tennessee politicians in attendance to follow in her home state of Arizona's footsteps and reintroduce civics into classrooms. |
Read the editorial
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| Memphis students gear up for 'alternative' spring break |
| Memphis Area Legal Services has partnered with students at the University of
Memphis School of Law on its Alternative Spring Break project during the
week of March 6. During that week, teams of students will be sent to senior
centers, churches, libraries and other locations to assist senior citizens
by preparing and executing various advance directives. Volunteer attorneys,
paralegals and notary publics are needed to go with the teams on each day.
Individuals who would like to volunteer, suggest a clinic location or get
more information, should contact Linda Warren Seely. |
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| Moncier sues BPR for $2 million |
| In one of two suits he filed this week, Knoxville lawyer Herbert Moncier is asking for $2 million in a suit against the Tennessee Board of Professional Responsibility. He alleges it conspired to violate his state constitutional rights.
Moncier's dispute with state officials have their roots in two disciplinary actions taken against him by BPR Chief Disciplinary Counsel Nancy Jones, one in 2008 and the other in 2009. Jones said the actions followed complaints filed by two judges against Moncier for ethical and conduct violations in their courtrooms. |
Read more in NashvillePost.com
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| Mississippi high court reviews Barbour pardons |
| Mississippi Supreme Court justices heard more than three hours of arguments Thursday over whether the state's former governor, Haley Barbour, properly pardoned some 200 prisoners before he left office.
At issue is whether a constitutional provision requiring 30 days advance notice of their release is required. |
The Commercial Appeal has the story
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| TV cameras in Supreme Court? |
| By an 11-7 vote on Thursday, the Senate Judiciary Committee approved a bill that calls for television access to U.S. Supreme Court proceedings. |
The Blog of Legal Times looks into it
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| General Assembly News |
| Proposed changes to Court of Judiciary delayed |
| Sen. Mae Beavers' proposal, which would replace the current Court of Judiciary with a panel that has more non-lawyers on it, has been delayed. "There's a lot of work to be done yet," she said. "We're not happy with the amendments that we have."
The bill comes before the House Judiciary Committee next week and is tentatively scheduled for the Senate floor again in two weeks. |
WLPN reports
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| Election 2012 |
| Race for Knox law director heats up |
| About 210 attorneys have endorsed Knox County Law Director Joe Jarret for the March 6 Republican primary, the News Sentinel reports. With no Democratic challenger, Jarret faces former county Commissioner Richard "Bud" Armstrong.
In January, Metro Pulse said Jarret "has the knowledge and experience to do the best job." |
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| Learn more about the 21st District candidates |
| The Williamson County Herald profiles candidates Mike Binkley, Judy Oxford and Derek K. Smith, who are running for the 21st District Circuit Court seat. |
Read about them
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| Disciplinary Actions |
| Six lawyers reinstated after administrative suspension |
| Six Tennessee lawyers have been reinstated after being administratively suspended for failing to submit the 2011 registration fee and required IOLTA report,
the
2010 registration fee,
and the
2010 IOLTA report,
as well failing to comply with CLE requirements in
2011
and
2009.
See updated lists at the links above.
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| TBA Member Services |
| The Bar Plan is TBA's endorsed insurer |
| The Tennessee Bar Association endorses only The Bar Plan Mutual Insurance Company for lawyers' professional liability insurance. For 26 years, The Bar Plan has specialized in providing malpractice insurance to lawyers and therefore understands the needs and challenges you face as a practicing attorney. Contact Mark Bockius by email or phone at (314) 288-1050 to ask how your practice can be protected by The Bar Plan.
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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 2012 Tennessee Bar Association
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