Solo and Small Firm Forum
May 13 - Tennessee Bar Center, Nashville

The TBA Solo and Small Firm Conference offers a unique opportunity for
practitioners from all over the state to come together to focus on
specific issues impacting them in the practice of law. CLE course
offerings will include substantive sessions in practice areas most
common to the solo and small firm practitioner including: PERSONAL
INJURY AND WORKERS COMP LAW, JUVENILE & FAMILY LAW, WILLS, ESTATES &
PROBATE , SOCIAL SECURITY UPDATE , CRIMINAL DEFENSE, and ETHICS.
There will also be many opportunities for networking with your fellow
practitioners during this conference — including a cocktail reception
after the program.

Today's Opinions: May 6, 2005
Volume 11 — Number 086
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
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Court of Appeals
05 New Opinion(s) from the Tennessee Court of Criminal Appeals
01 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. We recommend you download the Opinions to your computer and then open them from there. • Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. • 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


NICCOLE A. NAIFEH, ET AL. v. VALLEY FORGE LIFE INSURANCE COMPANY, ET
AL.

Court:TCA

Attorneys:                          

Sam B. Blair, Jr., John B. Starnes, Memphis, TN, for Appellant Valley
Forge Life Insurance Company

J. Houston Gordon, Covington, TN, for Appellees Niccole Naifeh and
Henry Joseph Naifeh, Co- Administrators of the Estate of John H.
Naifeh

Judge: HIGHERS

First Paragraph:

This appeal arises out of the interpretation of a life insurance
contract. The trial court determined that the Decedent's life
insurance policy was in effect and had not lapsed due to Decedent's
failure to pay the premium due in January 2000. It ordered Valley
Forge Life Insurance Company to pay the sum of $1,000,000.00 to Cathy
Naifeh plus prejudgment interest of 8% per annum beginning on June 1,
2000. The lower court dismissed Valley Forge Life Insurance Company's
counterclaim against William McGowan, Jr. and Bill McGowan & Company.
Further, it dismissed the claim of Decedent's estate and Cathy Naifeh
against Bill McGowan, Jr. and Bill McGowan & Company for negligent
misrepresentation and their claims against Union Planters Bank.
Finally, it dismissed the claims of Decedent's estate and Cathy Naifeh
against Union Planters Bank, WilliamMcGowan, and Valley Forge Life
Insurance Company for violations of the Tennessee Consumer Protection
Act. Valley Forge Life Insurance Company now seeks review by this
Court. For the following reasons, we affirm in part, reverse in part,
and remand for further proceedings consistent with this opinion.

http://www.tba.org/tba_files/TCA/2005/naifehn50605.pdf

LINDA JUNE CROSS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Ursula Bailey, Knoxville, Tennessee (on appeal) and KayM.Doyle,
Cookeville, Tennessee (at trial), for the appellant, Linda June Cross.

Paul G.Summers, Attorney General and Reporter; Michelle Chapman
McIntire, Assistant Attorney General, WilliamE. Gibson, District
Attorney General; and BenjaminW.Fann and David Patterson, Assistant
District Attorneys General, for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The petitioner, Linda June Cross, was convicted by a jury in the
Cumberland County Criminal Court of first degree murder. She was
sentenced to life imprisonment in the Tennessee Department of
Correction. Subsequently, the petitioner filed a petition for
post-conviction relief, alleging that because her trial counsel had an
actual conflict of interest in representing her, counsel was therefore
ineffective. The post-conviction court denied the petition, and the
petitioner now appeals. Upon our review of the record and the parties'
briefs, we affirm the judgment of the post-conviction court.

http://www.tba.org/tba_files/TCCA/2005/crossl50605.pdf

STATE OF TENNESSEE v. MONOLETO D. GREEN

Court:TCCA

Attorneys:                          

J. Michael Engle (at trial) and Jeffrey A. DeVasher (on appeal),
Nashville, Tennessee, for the appellant, Monoleto D. Green.

Paul G. Summers, Attorney General and Reporter; Jennifer Bledsoe,
Assistant Attorney General; Victor S. Johnson, District Attorney
General; and Doug Thurman, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant was convicted on a jury verdict of three counts of
aggravated robbery and three counts of robbery. Following a sentencing
hearing, he was sentenced on all six convictions as a Range II
offender to an aggregate sentence of eighty-four years with all
sentences to be served consecutively. On appeal, the Defendant argues
two issues: 1) there was insufficient evidence to support one of his
robbery convictions and all three aggravated robbery convictions; and
2) the trial court erred by imposing excessive sentences and by
ordering all the sentences to be served consecutively. We affirm the
judgments of the trial court as to the convictions but modify the
Defendant's sentences to an aggregate term of seventy-eight years.

http://www.tba.org/tba_files/TCCA/2005/greenm50605.pdf

STATE OF TENNESSEE v. JASON BRIAN HARGROVE

Court:TCCA

Attorneys:                          

Merrilyn Feirman, Assistant Public Defender, Nashville, Tennessee, for
the appellant, Jason Brian Hargrove.

Paul G. Summers, Attorney General & Reporter; Michelle Chapman
McIntire, Assistant Attorney General; Mike McCowen, District Attorney
General and Weakley E. Barnard, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The petitioner, Jason Brian Hargrove, pled guilty to multiple counts
of theft and burglary and was ordered to serve an effective sentence
of twenty (20) years. This Court affirmed his sentence on direct
appeal. See State v. Jason Brian Hargrove, No. M2001-01579-CCA-R3-CD,
2002 WL 1585638 (Tenn. Crim. App., at Nashville, July 18, 2002). The
petitioner filed a timely petition for post-conviction relief,
alleging ineffective assistance of counsel at trial and arguing that
his guilty plea was not knowingly and voluntarily entered. After a
hearing, the post-conviction court denied the petition. On appeal, the
petitioner challenges the denial of the petition for post-conviction
relief based on a claim of ineffective assistance of counsel. He also
argues that the holding in Blakely v. Washington, 542 U.S. ___, 124 S.
Ct. 2531 (2004), requires a reduction in his sentence. For the
following reasons, we affirm the decision of the post-conviction court
and decline to modify the petitioner's sentence.

http://www.tba.org/tba_files/TCCA/2005/hargrovej50605.pdf

DAVID JOHNSON HARTSELL v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

David Johnson Hartsell, Mountain City, Tennessee, Pro Se

Paul G. Summers, Attorney General and Reporter; Mark A. Fulks,
Assistant Attorney General; Joe C. Crumley, Jr., District Attorney
General, for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The petitioner, David Johnson Hartsell, appeals the dismissal by the
Johnson County Circuit Court of his petition for writ of habeas
corpus. The state has moved this court to affirm the judgment of the
trial court pursuant to Tennessee Court of Criminal Appeals Rule 20.
On review, this court affirms the order of dismissal.

http://www.tba.org/tba_files/TCCA/2005/hartselld50605.pdf

JAMES WILLIAM PARSONS, JR. v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Douglas A. Trant, Knoxville, Tennessee, for the appellant, James
William Parsons, Jr.

Paul G. Summers, Attorney General and Reporter, and Renee W. Turner,
Assistant Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The petitioner, James William Parsons, Jr., filed a petition for a
writ of habeas corpus, alleging that he pled guilty to an illegal
sentence. The trial court denied the petition, and the petitioner now
appeals. Upon review of the record and the parties' briefs, we affirm
the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/2005/parsonsj50605.pdf

Disclosing Contracts for Out-of-State Consulting Services

Date: May 4, 2005

Opinion Number: 05-073

http://www.tba.org/tba_files/AG/2005/op73.pdf

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