Chief Justice Barker to swear in Windle and Rowe

Tennessee Supreme Court Chief Justice William M. Barker will swear in Reps. John Mark Windle, D- Livingston, and Gary Rowe, D-Memphis, at 11 a.m. Tuesday in the House chamber. Rep. Windle was not previously sworn in because he was serving in Iraq, the Administrative Office of the Courts reports.
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.

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

SUZANNE KAY BURLEW v. BRAD STEVEN BURLEW

Court: TCA

Attorneys:

Darrell D. Blanton, Memphis, Tennessee, for the appellant, Suzanne Kay Burlew.

William W. Dunlap and Melanie R. Dunlap, Memphis, Tennessee, for the appellee, Brad Steven Burlew

Judge: DAVID R. FARMER

The trial court modified the partiesí decree of divorce, changing custody of partiesí minor child from joint custody to Father, and transferred control of a custodial account from Mother to Father. The trial court also denied Motherís petition to set visitation and ordered Mother to have no contact with child. Mother appeals. We vacate the trial courtís order regarding visitation and the award of attorneyís fees and remand on these issues. The remainder of the trial courtís judgment is affirmed.

http://www.tba2.org/tba_files/TCA/2006/burlews010506.pdf


ANTHONY CHATMAN v. CITY OF CHATTANOOGA

Court: TCA

Attorneys:

Anthony Chatman, Pro Se.

Ann. E. Shaffer, Chattanooga, Tennessee, for appellee, City of Chattanooga.

Judge: WILLIAM H. INMAN, SR.

Mr. Chatman was a policeman in Chattanooga. He was fired on September 15, 2003 for untruthfulness during an investigation, and for conduct unbecoming a police officer. He appealed to the Chattanooga City Council which upheld his dismissal. His petition for certiorari was denied and he appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2006/chatmana010506.pdf


JAMES KILLINGSWORTH, ET AL. v. TED RUSSELL FORD, INC.

Court: TCA

Attorneys:

J. Myers Morton and George W. Morton, Knoxville, Tennessee, for the Appellants James and Kathy Killingsworth.

J. Douglas Overbey and Dan R. Pilkington, Knoxville, Tennessee, for the Appellee Ted Russell Ford, Inc.

Judge: D. MICHAEL SWINEY

This appeal centers around the Trial Courtís award of attorney fees to Plaintiffs in this Tennessee Consumer Protection Act case. Following remand after the first appeal, the Trial Court awarded attorney fees of $2,000 for work performed in preparation for and the jury trial of this case, and an additional $4,500 in attorney fees incurred on the first appeal. Plaintiffs appeal claiming the Trial Courtís award of $2,000 in fees incurred at the trial court level was unreasonably low. Defendant appeals claiming the Trial Court erred in awarding any fees incurred on the appeal. We reverse the award of fees incurred on the appeal, and modify the Trial Courtís judgment to award $6,500 in fees for work performed at the Trial Court level.

http://www.tba2.org/tba_files/TCA/2006/killingsworthj010506.pdf

CHARLES D. SUSANO, JR., concurring in part and dissenting in part.
http://www.tba2.org/tba_files/TCA/2006/killingsworthjCON010506.pdf


MICHAEL EDWARD ORT v. LORA JEANETTE ORT

Court: TCA

Attorneys:

David E. Caywood and C. Timothy Crocker, Milan, Tennessee, for the appellant, Michael Edward Ort.

Mary Jo Middlebrooks and Betty Stafford Scott, for the appellee, Lora Jeanette Ort.

Judge: DAVID R. FARMER

This is a divorce case. Husband appeals the trial courtís division of marital property, award alimony in futuro to Wife, naming of Wife as primary residential parent, and child support order. We affirm.

http://www.tba2.org/tba_files/TCA/2006/ortm010506.pdf


UT MEDICAL GROUP, INC. v. VAL Y. VOGT, M.D.

Court: TCA

Attorneys:

Stephen H. Biller, Walter E. Schuler, Memphis, TN, for Appellant

Kenneth P. Jones, Memphis, TN, for Appellee

Judge: ALAN E. HIGHERS

This appeal stems from a contract dispute between an employee doctor and her employer where the employer alleged that the doctor anticipatorily breached a covenant not to compete provision in the employment agreement between the parties. In this appeal, we are asked to determine whether (1) the trial courtís grant of summary judgment to the doctor was proper; (2) the trial courtís denial of summary judgment to the employer was proper; (3) the trial courtís grant of the doctorís motion to stay discovery was proper; (4) the doctorís voluntary nonsuit of her counter claims while the employerís motion for summary judgment was still pending was proper; (5) the chancery court erred when it returned interpled funds back to the doctor; and (6) the chancery court abused its discretion when it denied the employerís motion to amend its complaint. We affirm in part, reverse in part, and remand for further proceedings.

http://www.tba2.org/tba_files/TCA/2006/utmed010506.pdf


JUBAL CARSON v. DAVID MILLS, WARDEN

Court: TCCA

Attorneys:

Jubal Carson, Appellant, Pro Se.

Paul G. Summers, Attorney General & Reporter; and Mark A. Fulks, Assistant Attorney General, for the Appellee, State of Tennessee.

Judge: JAMES CURWOOD WITT, JR.

The petitioner, Jubal Carson, appeals the Lauderdale County Circuit Courtís dismissal of his petition for habeas corpus relief. Because the petitioner failed to timely file a notice of appeal and the interests of justice do not require the waiving of a timely notice, we dismiss the appeal.

http://www.tba2.org/tba_files/TCCA/2006/carsonj010506.pdf


KENNY CARSON COCKRELL, JR., v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Benjamin C. Mayo, Jackson, Tennessee, for the appellant, Kenny Carson Cockrell, Jr.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; James G. Woodall, District Attorney General; Alfred L. Earls, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: NORMA MCGEE OGLE

The petitioner, Kenny Carson Cockrell, Jr., pled guilty in the Madison County Circuit Court to six counts of aggravated robbery and one count of attempted aggravated robbery, and he received a total effective sentence of twenty-five years incarceration in the Tennessee Department of Correction. Subsequently, the petitioner filed a petition for post-conviction relief, alleging that his trial counsel was ineffective. After a hearing, the post-conviction court denied the petition, and the petitioner now appeals. Upon review of the record and the partiesí briefs, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2006/cockrellk010506.pdf


WILSON NEELY v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

C. Anne Tipton, Memphis, Tennessee, for the appellant, Wilson Neely.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; William L. Gibbons, District Attorney General; and Andre Thomas, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: THOMAS T. WOODALL

Petitioner appeals the dismissal of his petition for post-conviction relief arguing that his trial counsel rendered ineffective assistance of counsel during the preparation of his case. Specifically, Petitioner contends that trial counselís failure to interview and call Andre Jackson as a witness at trial was deficient conduct. After a thorough review of the record, we conclude that Petitioner has failed to show that he was prejudiced by any deficiencies in his trial counselís performance, and we thus affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2006/neelyw010506.pdf


KENNETH B. WHITE v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Kenneth B. White, Clifton, Tennessee, pro se.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; William L. Gibbons, District Attorney General; and Alexia M. Fulgham, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: THOMAS T. WOODALL

Petitioner, Kenneth B. White, filed a pro se petition for post-conviction relief alleging that his trial counsel rendered ineffective assistance of counsel by failing to pursue an appeal following Petitionerís conviction of vehicular homicide. The post-conviction court dismissed the petition without an evidentiary hearing because it was untimely filed. After a thorough review, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2006/whitek010506.pdf


TODAY'S NEWS

Legal News
Online CLE

Legal News
Grey to speak to emerging leaders this evening
The opening retreat of this year's Tennessee Bar Association Leadership Law class begins today at Montgomery Bell State Park, featuring American Bar Association Immediate Past President Robert Grey Jr. of Richmond, Va.

Read the January Journal
The recent issue of the Tennessee Bar Journal features lawyers who have voluteered their time in Asia and Kenya, as well as stories about the winners of TBA's Access to Justice Awards. Articles about voluntary corporate dissolutions, bad faith, and a proposed "50-50 plan" for pro bono are also included. The magazine should be in your mailbox by now, but you can also download a pdf by going to
Journal_Current/tbj-2006_01.html
Judgeship drawing most interest in Sullivan election
BLOUNTVILLE -- So far, more people are interested in becoming nominees for the District I general sessions judgeship than for any other local office on the August ballot, the Kingsport Times-News reports today.
article.dna?_StoryID=3586857
Vienna court rejects copyright lawsuit against Elvis enthusiast
VIENNA, Austria -- Elvis enthusiast Wolfgang Hahn was all shook up when Presley's former bass player sued him last year for alleged copyright infringement. But on Wednesday, the Knoxville News Sentinel reports, a Vienna court threw out the case, ruling that Hahn did not break any laws by recording and performing an instrumental version of one of the last songs Presley worked on.
kns/state/article/0,1406,KNS_348_4362599,00.html
Court clerkship changes in Humboldt
Wanda Brown, who served as clerk and master in Humboldt for 22 years, retired in December. She is succeeded by Amy Brown, who was appointed by Chancellor George Ellis.
archives_page/2006/january/news1_01-04-06.html
Online CLE
Disaster Recovery: Your Ethical Duty
Tornados, fires and hurricanes happen. This new TennBarU online course will help you prepare for and respond to a disaster with the purpose of improving your chance to successfully recover from it.
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