TennBarU & the TBA Young Lawyers Division present … Introduction to
Transactional Practice
• July 26 in Knoxville
• July 27 in Memphis
• July 27 in Nashville
• July 28 in Chattanooga

Mark your calendars for a new YLD Transactional Law CLE coming to a
city near you this summer! The six-hour seminar will provide basic
information and resources to non-litigating attorneys. Topics will
include contract drafting, estate planning, mediation, intellectual
property, real estate transactions and business entity formation.

Today's Opinions: July 19, 2005
Volume 11 — Number 136
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
02 New Opinion(s) from the Tennessee Court of Appeals
02 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


AHMED AL-KOSHSHI d/b/a LAMAR EXPRESS v. MEMPHIS ALCOHOL COMMISSION

Court:TCA

Attorneys:                          

Rex L. Brasher, Jr., Memphis, Tennessee, for the appellant, Ahmed
Al-Koshshi.

Sara L. Hall, City Attorney and Michael W. Hughes, Assistant City
Attorney, for the appellee, Memphis Alcohol Commission

Judge: FARMER

First Paragraph:

This case involves the denial of a beer permit. The beer board denied
the appellant's application for a beer permit because of the
detrimental effect that beer sales would have on the health, safety,
and morals of the community. The appellant filed a petition for writ
of certiorari, and the trial court upheld the beer board's decision.
The appellant appeals. We reverse.

http://www.tba.org/tba_files/TCA/2005/alkoshshia71905.pdf

KENT A. SOMMER, ET AL. v. JOHN WOMICK, ET AL.

Court:TCA

Attorneys:                          

Joseph P. Bednarz, Sr., Nashville, Tennessee, A.V. Conway, II,
Hartford, Kentucky, and Steven R. Walker, Memphis, Tennessee, for the
appellants, Kent A. Sommer and Andrea Sommer.

David S. Zinn, Brentwood, Tennessee, and William K. Brandon,
Carbondale, Illinois, for the appellees, John Womick and Womick Law
Firm Chtd.

Judge: HARRIS

First Paragraph:

Appellants, Kent A. Sommer and Andrea Sommer, appeal from the
dismissal of a legal malpractice action filed by them against John
Womick and the Womick Law Firm Chtd. Dismissal was grounded in their
failure to file the lawsuit within the 1 year statute of limitations
for legal malpractice actions found in Tenn. Code Ann. B
28-3-104(a)(2). The legal malpractice action arose from dismissal of a
medical malpractice action filed by Womick in the Sommers' behalf. The
trial court held that the oral decision rendered by the federal judge
when dismissing the medical malpractice claim was sufficient to alert
the Sommers that the dismissal was based upon their lawyers
mishandling of the case. The trial court further found the statute of
limitations was not tolled by fraudulent concealment. We affirm.

http://www.tba.org/tba_files/TCA/2005/sommerk71905.pdf

AVIS N. NEAL v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Jesse W. Dalton, III, Memphis, Tennessee, for the appellant, Avis N.
Neal.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Alanda Dwyer, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: MCLIN

First Paragraph:

The petitioner, Avis N. Neal, appeals as of right from the Shelby
County Criminal Court's dismissal of his petition for post-conviction
relief. He seeks relief from his jury conviction for rape of a child
and resulting sentence of twenty years in confinement. In this appeal,
the petitioner contends that he received the ineffective assistance of
counsel. We affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/2005/neala71905.pdf

MARIO DEANGALO THOMAS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Danny H. Goodman, Jr., Tiptonville, Tennessee, for the appellant,
Mario Deangalo Thomas.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; Thomas A. Thomas, District Attorney
General; and James T. Cannon, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: MCLIN

First Paragraph:

The petitioner, Mario Deangalo Thomas, appeals the post-conviction
court's denial of his petition for post-conviction relief. He argues:
(1) the Interstate Compact on Detainers Act was violated; (2) he was
denied the right to testify at trial; and (3) he received the
ineffective assistance of counsel at trial. For the reasons set forth
in this opinion, we affirm the dismissal of the petition.

http://www.tba.org/tba_files/TCCA/2005/thomasm71905.pdf

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