Two new online courses focus on legal malpractice issues

Learn about current developments in the area of legal malpractice and common (but often avoidable) mistakes lawyers make in a new online video course from TennBarU. A second new courses focuses on emerging issues in legal malpractice.

http://www.legalspan.com/tnbar/category.asp?CategoryID=20040406763120121059&UGUID=&CatalogID=

TODAY'S OPINIONS
Click on the category of your choice to view summaries of today’s opinions from that court, or other body. A link at the end of each case summary will let you download the full opinion in PDF format. To search all opinions in the TBALink database, go to our OpinionSearch page. If you have forgotten your password or need to obtain a password, you can look it up on TBALink at http://www.tba.org/getpassword.mgi.

00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
01 - TN Court of Appeals
08 - TN Court of Criminal Appeals
02 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

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

NORMA E. SHEARON v. JACK E. SEAMAN

Court: TCA

Attorneys:

Larry L. Roberts, Nashville, Tennessee, and Catherine Hughes, Nashville, Tennessee, for the appellant, Norma E. Shearon.

Fred C. Statum, III, Nashville, Tennessee, for the appellee, Jack E. Seaman.

Judge: KIRBY

This is a legal malpractice action. The client filed this lawsuit against her former attorney, asserting legal malpractice for his failure to re-file a lawsuit under the Tennessee Workers’ Compensation Act within one year after he took a voluntary non-suit of the lawsuit. The trial court granted the former attorney’s motion for summary judgment, finding the client's evidence in the underlying workers’ compensation action insufficient to establish the damages element of the legal malpractice action. We affirm.

http://www.tba2.org/tba_files/TCA/2005/shearon_121905.pdf


TIMOTHY HARRIS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Dewun R. Settle, Memphis, Tennessee (at trial); and Timothy D. Harris, Tiptonville, Tennessee (on appeal), pro se.

Paul G. Summers, Attorney General & Reporter; Renee W. Turner, Assistant Attorney General; and Steve Crossnoe, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WADE

The petitioner, Timothy Harris, appeals the denial of his petition for post-conviction relief. The single issue presented for review is whether the petitioner received the effective assistance of counsel at trial. The judgment is affirmed.

http://www.tba2.org/tba_files/TCCA/2005/harrist_121905.pdf


STATE OF TENNESSEE v. JORDAN HILL

Court: TCCA

Attorneys:

Garland Ergüden, Memphis, Tennessee, for the Appellant, Jordan Hill.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; William L. Gibbons, District Attorney General; Greg Gilbert, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

The Defendant, Jordan Hill, was convicted of attempted aggravated robbery and of being a felon in the possession of a handgun. On appeal, he contends that the evidence is insufficient to sustain these convictions. Finding no reversible error, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2005/hillw_121905.pdf


SHAUN HOOVER v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Paul G. Summers, Attorney General and Reporter; Seth P. Kestner, Assistant Attorney General; Elizabeth T. Rice, District Attorney General; Janet Shipman, Assistant District Attorney General, for the Appellant, State of Tennessee.

Gary F. Antrician, Somerville, Tennessee, for the Appellee, Shaun Hoover.

Judge: WEDEMEYER

The State appeals the habeas corpus court’s grant of a petition for habeas corpus relief filed by the Petitioner, Saun Hoover. The Petitioner alleged in his petition that his sentence was illegal because he was sentenced as a Range I offender but ordered to serve his sentence at one hundred percent. The habeas corpus court agreed and granted the petition. On appeal, the State contends that the habeas corpus court erred because the Petitioner knowingly and voluntarily pled guilty and agreed to this hybrid sentence. Finding that there exists reversible error in the judgment of the habeas corpus court, we reverse this case and remand it to the habeas corpus court for proceedings consistent with this opinion.

http://www.tba2.org/tba_files/TCCA/2005/hoovers_121905.pdf


STATE OF TENNESSEE v. WAYNE MILLER

Court: TCCA

Attorneys:

Paul K. Guibao (on appeal) and Brett Stein (at trial), Memphis, Tennessee, for the Appellant, Wayne Miller.

Paul G. Summers, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; William L. Gibbons, District Attorney General; Michael McCusker, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

The Defendant was convicted of possession of a controlled substance with the intent to sell, possession of a controlled substance with the intent to deliver, and evading arrest while operating a motor vehicle. On appeal the Defendant contends that the evidence is insufficient to sustain his convictions. Finding that there exists no reversible error, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2005/millerw_121905.pdf


STATE OF TENNESSEE v. DARRELL PHILLIPS

Court: TCCA

Attorneys:

Robert Jones, Shelby County Public Defender, and Phyllis Aluko, Assistant Public Defender, for the appellant, Darrell Phillips.

Paul G. Summers, Attorney General and Reporter; Brian C. Johnson, Assistant Attorney General; William L. Gibbons, District Attorney General; and James Lammey, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Darrell Phillips, appeals the revocation of his probation, arguing that the court had no authority to revoke his suspended sentences because the State did not seek this action until after the sentences had expired. We disagree and affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2005/phillipsd_121905.pdf


SCOTT BRADLEY PRICE v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Scott Bradley Price.

Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; Randall E. Nichols, District Attorney General; Kevin Allen, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Petitioner, Scott Bradley Price, appeals the denial of his petition for post-conviction relief by the Knox County Criminal Court. Petitioner was convicted for rape of a child and sentenced as a Range I offender, to twenty-one years at one hundred percent, to be served in the Tennessee Department of Correction. On direct appeal, Petitioner challenged only the length of his sentence. This Court affirmed that judgment on November 19, 2001. State v. Scott Bradley Price, No. E2000-00441CCA-R3-CD, 2001 WL 1464555 (Tenn. Crim. App. Nov. 19, 2001). Petitioner filed a pro se petition for post-conviction relief. The petition was subsequently amended by appointed counsel. In his appeal, Petitioner argues that he was denied effective assistance of counsel because (1) trial counsel did not investigate Petitioner’s claims that his audio recorded confession was materially altered; (2) trial counsel did not advise Petitioner to testify in order to rebut the State’s evidence; and (3) trial counsel did not use available medical records to challenge the accuser’s testimony at trial. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2005/prices_121905.pdf


STATE OF TENNESSEE v. JOHN CALVIN SIPE, JR.

Court: TCCA

Attorneys:

D. Clifton Barnes, Assistant Public Defender, Morristown, Tennessee, for the appellant, John Calvin Sipe, Jr..

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; C. Berkeley Bell, District Attorney General; and Kim Lane, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

A Hamblen County jury convicted the defendant of theft of property, $500-$1,000, and forgery of assignment of title. On appeal the defendant presents three issues: (1) Whether there was sufficient evidence to support the jury’s verdict; (2) whether the trial court erred in refusing to grant a retrial based upon newly discovered evidence; and (3) whether the trial court imposed an excessive sentence. We have reviewed the record and have found all of the defendant’s issues to be without merit. Therefore, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2005/sipej_121905.pdf


STATE OF TENNESSEE v. DARRELL TOOMES

Court: TCCA

Attorneys:

Gary F. Antrican, District Public Defender; and Julie K. Pillow, Assistant Public Defender, for the Appellant, Darrell Toomes.

Paul G. Summers, Attorney General & Reporter; Brian C. Johnson, Assistant Attorney General; Elizabeth T. Rice, District Attorney General; and Tracey A. Brewer, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WITT

A Lauderdale County jury convicted the defendant, Darrell Toomes, of aggravated rape and aggravated criminal trespass in connection with the June 23, 2002 home invasion of Mamie Milliman’s residence in Ripley, and the assault of Ms. Milliman. The trial court sentenced the defendant to 11 months and 29 days for aggravated criminal trespass and 23 years as a violent offender for the aggravated rape conviction. On appeal, the defendant challenges the sufficiency of the evidence supporting his aggravated rape conviction and claims that his 23-year sentence for that conviction is excessive. We affirm.

http://www.tba2.org/tba_files/TCCA/2005/toomes_121905.pdf


Jail Fee

TN Attorney General Opinions

Date: 2005-12-15

Opinion Number: 05-179

http://www.tba2.org/tba_files/AG/2005/op179.pdf

Implementation of the Coin-operated Amusement Machine Tax Act, Tenn. Code Ann. §§ 67-4-2201 et seq.

TN Attorney General Opinions

Date: 2005-12-15

Opinion Number: 05-180

http://www.tba2.org/tba_files/AG/2005/op180.pdf

TODAY'S NEWS

Legal News
Online CLE

Legal News
Five apply for Hamilton County judge
Five Chattanooga lawyers met the deadline Friday to be considered as a replacement to Hamilton County Criminal Court Judge Steve Bevil, the Chattanooga Times Free Press reports. They are: Hamilton County Public Defender Ardena Garth, Chattanooga attorneys Don Poole and Jerry Sloane, Assistant District Attorney Lila Statom and Assistant District Attorney Rodney Strong.
17&ID=Ar01303
TBF class of 2005 to be inducted
The Tennessee Bar Foundation class of 2005 will be inducted Jan. 13 during a dinner at Nashville's Vanderbilt Marriott. The new members are Richard H. Allen Jr., Anne Sumpter Arney, Ricky Boren, Robert E. Boston, William C. Bovender, Louis P. Britt III, Lara E. Butler John C. Callison, Donald Capparella, Richard M. Carter, Robert E. Cooper Jr., William Stuart Fleming, Sara L. Hall, C. Dwight Hawks, Debra L. House, Hubert Bailey Jones, Robert W. Knolton, Sharon G. Lee, James G. Martin III, Neil McBride, Carol L. McCoy, Kim A. McMillan, Marty R. Phillips, Donna L. Pierce, John T. Milburn Rogers, Maria M. Salas, Edward P. Silva, Jerry V. Smith, Denise Terry Stapleton, Stephen W. Vescovo, Cynthia R. Wyrick and William A. Young.

Public defenders overloaded with cases
Tennessee's public defenders experienced a 6.5 percent increase in their caseload from 2004 to 2005, the Associated Press reports. Responding to this statistic, the state Public Defenders Conference stated that an additional 120 lawyers are needed to adequately handle the state's indigent defense caseload.
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Online CLE
New TennBarU online video courses focus on real estate
Brush up on your real estate law knowledge and catch up on legislative developments with six new online video courses from TennBarU. Available are: Tennessee Legislative Update (1 hour general), High Risk Practices in Real Estate (1 hour dual), Tennessee Real Estate Case Law Update (.5 hour general), Bankruptcy and the Real Estate Practitioner (.5 hour general), How Do I Surrender Manufactured Home Titles in Tennessee (.5 hour) and TennCare Update (.5 hour general).
category.asp?CatalogID=&CategoryID=20050826-173131-1506120&UGUID=

 
 
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