Knoxville to host 124th Annual TBA Convention
Reel Justice is the theme for this year's TBA convention and attendees
can expect to receive the red carpet treatment when they sign up. Here
are some of the highlights:

-- Top quality CLE programming, including a look at legal themes in
popular movies by ethics experts Lucian Pera and Sarah Sheppeard,
entertainment lawyer Dorothy Campbell and moderator Don Paine.

-- Attorney and legal affairs writer Mark Curriden headlining the
annual Bench/Bar program.

-- A night of fun, food and entertainment at the fabulous Tennessee
Theatre, just open following a $23 million renovation that has
restored it to its former grandeur.

Today's Opinions: May 24, 2005
Volume 11 — Number 098
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.
01 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
02 New Opinion(s) from the Tennessee Court of Appeals
01 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. 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


STATE OF TENNESSEE v. PAUL DENNIS REID, JR.
WITH APPENDIX & CONCURRING/DISSENTING OPINION

Court:TSC

Attorneys:                          

James A. Simmons and Thomas F. Bloom, Nashville, Tennessee, for the
Appellant, Paul Dennis Reid, Jr.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore,
Solicitor General; Jennifer L. Smith, Associate Deputy Attorney
General; Victor S. Johnson, District Attorney General; and Arthur F.
Bieber, Assistant District Attorney General, for the Appellee, State
of Tennessee.

Judge: ANDERSON

First Paragraph:

The defendant, Paul Dennis Reid, Jr., was convicted of two counts of
premeditated first degree murder, two counts of especially aggravated
kidnapping, and one count of especially aggravated robbery. In
imposing a death sentence for each count of first degree murder, the
jury found three aggravating circumstances, i.e., that the defendant
was previously convicted of one or more felonies whose statutory
elements involved the use of violence to the person, that the murders
were especially heinous, atrocious or cruel in that they involved
torture or serious physical abuse beyond that necessary to produce
death, and that the murders were committed for the purpose of
avoiding, interfering with, or preventing a lawful arrest or
prosecution of the defendant or another, had been proven beyond a
reasonable doubt. Tenn. Code Ann. S 39-13-204(i)(2), (5), (6) (2003).
In addition, the jury found that the evidence of aggravating
circumstances outweighed evidence of mitigating circumstances beyond a
reasonable doubt. Tenn. Code Ann. S 39-13-204(c) (2003). The Court of
Criminal Appeals affirmed the convictions and the death sentences.

http://www.tba.org/tba_files/TSC/2005/reidp52405.pdf

APPENDIX
http://www.tba.org/tba_files/TSC/2005/reidp_apx52405.pdf

CONCURRING/DISSENTING OPINION
http://www.tba.org/tba_files/TSC/2005/reidp_dis52405.pdf

IN THE MATTER OF EUGENE BURNETT ELLIS v. JERRY GLENN ELLIS AND SARAH
L. KERLEY, GLEN C. SHULTS, Guardian Ad Litem

Court:TCA

Attorneys:                          

Glen C. Shults, Asheville, North Carolina, pro se. 

Sarah L. Kerley, Glendale, California, pro se

Judge: FRANKS

First Paragraph:

The Trial Court awarded fees to the Guardian Ad Litem who asked the
Trial Court to award him fees and costs for collecting the initial
award. The Trial Court refused. On appeal, we affirm.

http://www.tba.org/tba_files/TCA/2005/ellise52405.pdf

DEBRA ANN WILLIAMS v. GEORGE JAY WILLIAMS, IV

Court:TCA

Attorneys:                          

James A. Meaney, III, Atlanta, Georgia, for the Appellant, George Jay
Williams, IV.

Lisa Z. Bowman, Chattanooga, Tennessee, for the Appellee, Debra Ann
Williams.

Judge: SWINEY

First Paragraph:

Debra Ann Williams ("Mother") and George Jay Williams, IV ("Father")
were divorced in 1998. Mother was designated the custodial parent of
the parties' two minor children. In 2003, Father filed a Petition for
Modification and Contempt seeking, in part, a change in custody or
visitation, and relief from the requirement that Father carry life
insurance or, in the alternative, that Mother also be required to
maintain life insurance. Mother filed a counter claim requesting, in
part, increased child support and the right to claim the tax exemption
for both children. After a trial, the Trial Court entered an order
holding, inter alia, "that there has been no change in circumstances
which would justify the modification of the final judgment" as
requested by Father and dismissing Father's petition for modification.
The Trial Court, however, increased child support in accordance with
the guidelines and held that for purposes of calculating child support
under the guidelines, Father was not entitled to a reduction in his
annual earnings for state income taxes he may pay. Father appeals
raising issues regarding custody, visitation, life insurance, child
support, and attorney's fees. We reverse as to the award to Mother of
the tax exemption for one child, and affirm as to all other issues.

http://www.tba.org/tba_files/TCA/2005/williamsd52405.pdf

STATE OF TENNESSEE v. TERRY EDWARD JONES

Court:TCCA

Attorneys:                          

Richard A. Spivey, Kingsport, Tennessee, for the Appellant, Terry
Edward Jones.

Paul G. Summers, Attorney General & Reporter; William G. Lamberth, II,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and J. Lewis Combs, Assistant District Attorney General, for
the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

Terry Edward Jones pleaded guilty to solicitation of first degree
murder, for which he received an eight-year incarcerative sentence.
Aggrieved of the trial court's failure to grant his request for
alternative sentencing, he brings the instant appeal challenging his
manner of service. After a thorough review of the record and
applicable law, we affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/2005/jonest52405.pdf

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