TENNBARU ONLINE PRESENTS NEW ETHICS COURSES ON LEGAL MALPRACTICE
TENNBARU ONLINE PRESENTS NEW ETHICS COURSES ON LEGAL MALPRACTICE

Thomas Sukowicz brings his popular program on Legal Malpractice,
Ethics and Risk Management to TennBarU in two new interactive videos.
Part 1 is a two-hour course designed to help lawyers identify common
situations that give rise to malpractice claims and violations of the
Rules of Professional Conduct. Part 2 is a one-hour course continuing
the topic and providing practical suggestions to help minimize or
avoid claims and bar grievances.

http://www.legalspan.com/tnbar/

Today's Opinions:December 7, 2004
Volume 10 — Number 234
Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.
00 New Opinion(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
04 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi.

Here's how you can obtain full-text version. • Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. • 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. • Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


MICHAEL BRITTON v. EMERSON ELECTRIC

Court:TSC - Workers Comp Panel

Attorneys:                          

Kyle C. Atkins, Humboldt, Tennessee, for the appellant, Emerson
Electric

T. J. Emison, Jr., Alamo, Tennessee, for the appellee, Michael Britton

Judge: LOSER

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.  In this
appeal, the employer insists the award of permanent partial disability
benefits based on 25 percent to the hand should be modified to one
based on 50 percent to the finger.  As discussed below, the panel has
concluded the award should be modified to one based on 80 percent to
the third finger.

http://www.tba.org/tba_files/TSC_WCP/brittonmichael.wpd

BRENDA McILROY v. MEDICAL SPECIALTY CLINIC, P. C.

Court:TSC - Workers Comp Panel

Attorneys:                          

John R. Cannon, Jr., Memphis, Tennessee, for the appellant, Medical
Specialty Clinic, P. C.

Jay E. DeGroot, Jackson, Tennessee, for the appellee, Brenda McIlroy

Judge: LOSER

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.  In this
appeal, the employer insists the trial court's award of disability
benefits based on 24 percent to the body as a whole is excessive under
the circumstances.  As discussed below, the panel has concluded the
evidence fails to preponderate against the findings of the trial
court.

http://www.tba.org/tba_files/TSC_WCP/mcilroybrenda.wpd

CHARLES FREDRICK GLANZMAN v. JOYCE BRYANT GLANZMAN

Court:TCA

Attorneys:                          

Charles Fredrick Glanzman, Pro se.

J. Richard Rossie and David A. Billions, Memphis, Tennessee, for the
appellee, Joyce Bryant Glanzman.

Judge: FARMER

First Paragraph:

This is a divorce case.  The husband appeals from the trial court's
divorce decree distributing the marital and separate property and
awarding the wife alimony in futuro.  We affirm.

http://www.tba.org/tba_files/TCA/glanzmancharlesf.wpd

IN RE ADOPTION OF S.M.F.

Court:TCA

Attorneys:                          

Daryl M. South and Gary D. Beasley, Murfreesboro, Tennessee, for the
appellants, J.A.P. and C.L.P.

Dinah J. Michael, Murfreesboro, Tennessee, for the appellee, J.M.S.

Judge: KOCH

First Paragraph:

This appeal involves the parental relationship between a
three-year-old child and her biological father.  Shortly after the
child's birth in Ohio, her mother placed her for adoption with
relatives residing in Tennessee.  These relatives filed a petition in
the Chancery Court for Rutherford County seeking to terminate the
biological father's parental rights and to adopt the child.  The
biological father thereafter filed a petition to establish parentage. 
Following a bench trial, the trial court established the child's
parentage and determined that the biological father had not abandoned
the child.  Accordingly, the trial court denied the adoptive parents'
petition to terminate the biological father's parental rights and to
adopt the child.  Because it had reserved ruling on the custody and
visitation arrangements, the trial court granted the adoptive parent's
application for an interlocutory appeal pursuant to Tenn. R. App. P.
9.  We concur that an interlocutory appeal is warranted in this case. 
We also concur with the trial court's conclusion that the adoptive
parents failed to prove by clear and convincing evidence that the
biological father abandoned his daughter.

http://www.tba.org/tba_files/TCA/inreadoptionsmf.wpd

STATE OF TENNESSEE v. LEWIS M. DAVIDSON, III

Court:TCCA

Attorneys:                          

John E. Rodgers, Nashville, Tennessee, for the appellant, Lewis M.
Davidson, III.

Paul G. Summers, Attorney General & Reporter; Richard H. Dunavant,
Assistant Attorney General; and Roger Moore and Shellie Neal,
Assistant District Attorneys General, for the appellee, State of
Tennessee.

Judge: WADE

First Paragraph:

The defendant, Lewis M. Davidson, III, was convicted of first degree
premeditated murder and sentenced to life imprisonment.  See Tenn.
Code Ann. SS 39-13-202(a)(1), -208(c).  In this appeal, he asserts
that the evidence is insufficient to support his conviction.  The
judgment of the trial court is affirmed.

http://www.tba.org/tba_files/TCCA/davidsonlewism.wpd

GDONGALAY P. BERRY v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Mike J. Urquhart, Nashville, Tennessee, for the appellant, Gdongalay
P. Berry.

Paul G. Summers, Attorney General and Reporter; Mark A. Fulks,
Assistant Attorney General;  Elizabeth T. Ryan, Assistant Attorney
General; Victor S. Johnson, III., District Attorney General; and Kathy
Morante, Assistant District Attorney General, for the appellee, State
of Tennessee.

Judge: WOODALL

First Paragraph:

Gdongalay Berry filed petitions for post-conviction relief attacking
convictions in Davidson County Docket Nos. IF7101 and 97-A-196.  The
State has filed a motion pursuant to Rule 20, Rules of the Court of
Criminal Appeals of Tennessee, for this Court to affirm the judgment
of the trial court by memorandum opinion.  We grant the motion and
affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/gdongalayberry.wpd

STATE OF TENNESSEE v. SPENCER PETERSON

Court:TCCA

Attorneys:                          

Kevin E. Childress, Memphis, Tennessee (on appeal), and Brett Stein,
Memphis, Tennessee (at trial), for the appellant, Spencer Peterson.

Paul G. Summers, Attorney General and Reporter; Michael Markham,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Paul Thomas Hoover, Jr., and Michael S. Davis, Assistant
District Attorneys General, for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

Based on his participation in a home invasion and robbery that
resulted in the death of a victim, the defendant, Spencer Peterson,
was charged by the Shelby County Grand Jury in thirteen separate
indictments with one count of first degree premeditated murder; two
counts of first degree felony murder; two counts of attempted first
degree murder; eight counts of aggravated robbery; one count of
aggravated burglary; three counts of attempted especially aggravated
robbery; and two counts of attempted aggravated robbery.  The
indictments were consolidated for trial, at the conclusion of which
the defendant was convicted of all counts as charged with the
exception of the first degree murder and attempted first degree murder
counts, in which he was convicted, respectively, of the
lesser-included offenses of second degree murder, a Class A felony;
and attempted second degree murder, a Class B felony.  After merging
the three second degree murder convictions and the separate
convictions of aggravated robbery involving the same victim, the trial
court sentenced the defendant as a Range I offender to consecutive
terms of twenty years for the second degree murder conviction and
eight years for each of the four aggravated robbery convictions.  The
trial court ordered concurrent sentences for the remaining
convictions, for an effective sentence of fifty-two years in the
Department of Correction.  On appeal, the defendant challenges the
sufficiency of the evidence for his second degree murder conviction;
the denial of his motion to suppress his statement to police; the
admission at trial of photographs of the victim; the propriety of the
jurors having been allowed to directly question trial witnesses; and
the consecutive sentencing imposed.  We affirm the judgments of the
trial court but remand for entry of corrected judgments as to certain
of the offenses and for the trial court to set out its basis for
consecutive sentencing.

http://www.tba.org/tba_files/TCCA/petersonspencer.wpd

STATE OF TENNESSEE v. ROBERTO REYES-ARMENTA AND ARMANDO LOPEZ-OROZCO

Court:TCCA

Attorneys:                          

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; Lawrence Ray Whitley, District Attorney
General; and Dee David Gay, Assistant District Attorney General, for
the appellant, State of Tennessee.

Joe D. Harsh, Gallatin, Tennessee, for the appellee, Roberto
Reyes-Armenta.

Cheryl J. Skidmore, Gallatin, Tennessee, for the appellee, Armando
Lopez-Orozco.

Judge: WILLIAMS

First Paragraph:

The State appeals from an adverse ruling on a suppression motion.  The
State contends that the trial court erred in finding the consent to
search was not knowing or voluntary and that discovery of the
contraband was not inevitable.  The State avers that the standard of
review should be de novo without presumption of correctness.  The
judgment of the trial court is affirmed, and the cause is remanded for
further proceedings.

http://www.tba.org/tba_files/TCCA/reyesarmentaroberto.wpd

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