New Developments in Workers' Comp Law

Discover all of the recent developments in workers' compensation law in Tennessee ÷ both in the courts and in the legislature ÷ in a new course developed by Virginia Mayo, editor of Tennessee Attorneys Memo and Tennessee Workers' Comp Reporter.

http://www.tnbaru.com/coursecatalog.php

  
TODAY'S OPINIONS: Tuesday, November 08, 2005
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 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
03 - TN Court of Appeals
03 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
01 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

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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

SHIRLEY HUFFNAGLE v. FREDERICK HUFFNAGLE

Court: TCA

Attorneys:

Larry Hayes, Jr., Nashville, Tennessee, for the appellant, Frederick Huffnagle.

Scott Lyon, Nashville, Tennessee, for the appellee, Shirley Huffnagle.

Judge: KOCH

This appeal involves post-divorce criminal contempt sanctions. The former wife filed a petition in the Circuit Court for Davidson County seeking to hold her former husband in contempt for failing to pay spousal support and to maintain a life insurance policy and a club membership. The trial court determined that the former husband was guilty of eighteen separate acts of criminal contempt and sentenced him to 180 days in jail. After the former husband appealed the contempt sanction, the trial court stayed its order pending appeal. We have determined that the former wife failed to present sufficient evidence to prove beyond a reasonable doubt that her former husband had willfully failed to pay spousal support or to discharge his other financial obligations.

http://www.tba.org/tba_files/TCA/2005/huffnagles110805.pdf


IN THE MATTER OF L.F.B. and D.M.D.

Court: TCA

Attorneys:

Mitchell B. Dugan, Dickson, Tennessee, for the appellant, V.M.

Paul G. Summers, Attorney General and Reporter, Amy T. Master, Assistant Attorney General, for the appellee, State of Tennessee, Department of Childrenās Services.

Judge: COTTRELL

This is a motherās appeal of the termination of her parental rights to her oldest son and daughter. Because we find that there is clear and convincing evidence in the record to support the trial courtās termination on three (3) alternative grounds and that termination is in the childrenās best interest, we affirm.

http://www.tba.org/tba_files/TCA/2005/lfb110805.pdf


TROY NOLES v. MICHIGAN POWERSPORTS, INC. d/b/a CHAMPION MOTORSPORTS & CHAMPION POWERSPORTS

Court: TCA

Attorneys:

John Thomas Feeney and Shannon E. Poindexter, Nashville, Tennessee for the appellant, Michigan Powersports, Inc. d/b/a Champion Motorsports and Champion Powersports, Inc.

John M. Cannon, Goodlettsville, Tennessee, for the appellee, Troy Noles.

Judge: CAIN

This case involves a dispute over whether Tennessee courts have personal jurisdiction over two Michigan corporations regarding an alleged violation of the Tennessee Consumer Protection Act. The trial court found that Tennessee had personal jurisdiction over the Michigan corporations and the corporations filed an interlocutory appeal. We find that the Tennessee Long Arm Statute provides Tennessee with personal jurisdiction over the corporations and that the decision comports with the requirements of due process; therefore, we affirm the decision of the trial court and remand the case for further proceedings consistent herewith.

http://www.tba.org/tba_files/TCA/2005/nolest110805.pdf


STATE OF TENNESSEE v. TERRANCE DWAIN NORTON

Court: TCCA

Attorneys:

Lance B. Mayes, Madison, Tennessee, for the Appellant, Terrance Dwain Norton.

Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; W. Michael McCown, District Attorney General; and Ann L. Filer and Melissa Thomas, Assistant District Attorneys General, for the Appellee, State of Tennessee.

Judge: HAYES

The Appellant, Terrance Dwain Norton, appeals the imposition of certain conditions of work release following his commitment to the Lincoln County Jail. Nortonās jail confinement stems from a revocation of probation. On appeal, Norton argues that work release conditions imposed by the Lincoln County Circuit Court are ćonerousä and will impede his ability to maintain his current employment. We find this argument without merit. The sentencing decision of the trial court is affirmed.

http://www.tba.org/tba_files/TCCA/2005/nortont110805.pdf


MICHAEL SETTLE v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Michael Settle, Appellant, Pro Se.

Paul G. Summers, Attorney General & Reporter; and Seth P. Kestner, Assistant Attorney General, for the Appellee, State of Tennessee.

Judge: WITT

Aggrieved of the Davidson County Criminal Courtās summary dismissal of his petition for habeas corpus relief, the petitioner, Mike Settle, appeals. The habeas corpus court dismissed the petition because the petitioner did not pay the court costs due upon filing the petition. The state has filed a response, conceding that the trial court erred in dismissing the petition for failure to pay a filing fee. However, we disagree and affirm the order of dismissal.

http://www.tba.org/tba_files/TCCA/2005/settlem110805.pdf


STATE OF TENNESSEE v. YOUNG BOK SONG, a/k/a MIKE

Court: TCCA

Attorneys:

Brent Horst, Nashville, Tennessee, for the appellant, Young Bok Song, a/k/a Mike.

Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Brian K. Holmgren, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Young Bok Song, a/k/a Mike, was convicted by a jury of seven counts of rape of a child, a Class A felony, and four counts of aggravated sexual battery, a Class B felony, and received an effective sentence of sixty-five years, to be served at 100% in the Tennessee Department of Correction. On appeal, he argues the trial court erred by: (1) not appointing an interpreter; (2) not providing the defendant with a copy of a forensic interview tape; (3) allowing the State to ask the defendant numerous argumentative questions; and (4) not granting a new trial based on newly discovered evidence. Following our review, we affirm the trial court.

http://www.tba.org/tba_files/TCCA/2005/songy110805.pdf


ADVISORY OPINION NO. 05-02

Court: JEO

Attorneys:





Judge: GLENN

The Committee has been asked whether Canon 3B(5) of the Canons of Judicial Ethics is violated when all those convicted of misdemeanors are placed on supervised probation ćat least until they pay their court costs.ä Then, according to the inquiry, ćthe great majority would be relieved of supervision.ä Further, the inquiry asks if this procedure amounts to utilizing a criminal penalty to collect a debt which, according to Tennessee Code Annotated section 40-24-105, is supposed to be collected as a civil judgment.

http://www.tba.org/tba_files/Ethics/2005/jeo05-02.pdf


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