TennBarU Teleseminar: What's New in Estate Planning: Select
Developments
June 22 • Noon to 1 p.m. (Central Time) - Teleseminar

Estate planning practice is complex – and the substantive legal
changes affecting the practice are constant. Keeping abreast of
federal and state, tax and non-tax, legislative, regulatory, and case
law developments is a substantial challenge. This program is designed
to provide estate planners and estate and gift tax practitioners a
wide-ranging update on developments in the last 12 months. Led by two
leading authorities – from private practice Charles “Skip” Fox of
Schiff Hardin and from academia Professor Jeff Pennell of Emory
University School of Law in Atlanta – this program will highlight
major developments of interest to practitioners and written material
for later reference.

Today's Opinions: June 20, 2005
Volume 11 — Number 116
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
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. 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


JAMES SAFFLES, ET AL. v. ROGER WATSON, ET AL.

Court:TCA

Attorneys:                          

R.D. Hash, Maryville, Tennessee, for the Appellants, James Saffles and
wife, Connie Saffles.

John W. Cleveland, Sweetwater, Tennessee, for the Appellees, Roger
Watson and wife, Tammy Watson.

Judge: SWINEY

First Paragraph:

The Chancery Court granted Rule 11 sanctions against James Saffles and
Connie Saffles ("Plaintiffs")1 based upon their actions and the
resulting delaythat occurred after the filing byRoger Watson and Tammy
Watson ("Defendants") of a motion seeking Rule 11 sanctions. We hold
that the imposition of Rule 11 sanctions on the grounds relied on by
the ChanceryCourt waserror, vacate the grant of Rule 11 sanctions, and
remand for a reconsideration of Defendants' motion for Rule 11
sanctions and a determination of whether the imposition of Rule 11
sanctions is proper based on the grounds raised in the Rule 11 motion.

http://www.tba.org/tba_files/TCA/2005/safflesj62005.pdf

STATE OF TENNESSEE v. EDDRICK JOHNSON

Court:TCCA

Attorneys:                          

Donna Armstard (at trial) and Tony N. Brayton (on appeal), Assistant
Public Defenders, for the appellant, Eddrick Johnson.

Paul G. Summers, Attorney General & Reporter; Michelle Chapman
McIntire, Assistant Attorney General; and Vanessa King,Assistant
District AttorneyGeneral, for the appellee,State of Tennessee.

Judge: WADE

First Paragraph:

The defendant, Eddrick Johnson, originally charged with two counts of
aggravated robbery, was convicted of two counts of facilitation of
aggravated robbery. The trial court merged the convictions and imposed
a Range II sentence of seven years. In this appeal of right, the
defendant challenges the sufficiency of the evidence and argues that
he was improperlysentenced as a Range II offender. The judgment is
affirmed.

http://www.tba.org/tba_files/TCCA/2005/johnsone62005.pdf

STATE OF TENNESSEE v. PATRICK JOHN MARSHALL

Court:TCCA

Attorneys:                          

David H. Crichton, Assistant Public Defender, for the appellant,
Patrick John Marshall.

Paul G.Summers, Attorney General &Reporter; Benjamin A.Ball, Assistant
Attorney General; and Jim Thompson, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The defendant, Patrick John Marshall, entered pleas of guilt to one
count of possession of cocaine with intent to sell and one count of
possession of marijuana in exchange for an effective sentence of
twelve years, to be served on community corrections. The trial court
later revoked the community corrections sentence and, after a
sentencing hearing, imposed a Range II sentence of twenty years'
incarceration. In this appeal, the defendant asserts that the sentence
is excessive. The judgment of the trial court is affirmed.

http://www.tba.org/tba_files/TCCA/2005/marshallp62005.pdf

KENT OUSLEY v. DAVID MILLS, WARDEN

Court:TCCA

Attorneys:                          

Kent Ousley, Henning, Tennessee, pro se.

Paul G. Summers, Attorney General & Reporter; Rachel E. Willis,
Assistant Attorney General; and Elizabeth T. Rice, District Attorney
General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The petitioner, Kent Ousley, appeals the trial court's denial of his
petition for habeas corpus relief. The single issue presented for
review is whether the petition was properly dismissed. The judgment is
affirmed.

http://www.tba.org/tba_files/TCCA/2005/ousleyk62005.pdf

RICKIE REED v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

C. Anne Tipton, Memphis, Tennessee, for the appellant, Rickie Reed.

Paul G. Summers, Attorney General & Reporter; Michael Markham,
Assistant Attorney General; and Emily Campbell, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The petitioner, Rickie Reed, appeals from the trial court's denial of
post-conviction relief. The single issue presented for review is
whether the petitioner was denied the effective assistance of counsel
at trial. The judgment is affirmed.

http://www.tba.org/tba_files/TCCA/2005/reedr62005.pdf

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