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TODAY'S OPINIONS
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00 - TN Supreme Court
01 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
04 - TN Court of Appeals
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01 - TN Attorney General Opinions
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

JOHN W. FOSTER v. GALLAGHER-BASSET INSURANCE, et al.

Court: TWCA

Attorneys:

Michael Lee Parsons, Nashville, Tennessee, for the appellant, Mercedes Benz of Nashville, Inc.

B. Keith Williams and Jason G. Denton, Lebanon, TN, for the appellee, John W. Foster.

Judge: HARRIS

This workersí compensation appeal has been referred to the Special Workersí Compensation Appeals Panel in accordance with Tenn. Code Ann. ß 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer asserts that the evidence preponderates against the trial courtís award to the employee of 50% permanent partial disability to body as a whole. The employer also argues that the trial court erred in requiring it to pay the employee $1,302.00 for unauthorized chiropractic treatment. We conclude that the medical evidence preponderates against the trial courtís rulings, and in accordance with Tenn. Code Ann. ß 50-6225(e)(2), reverse the judgment of the trial court as to both issues.

http://www.tba2.org/tba_files/TSC_WCP/2006/fosterj_012706.pdf


IN RE ADOPTION OF J.A.K. & K.R.K.
With Concurring Opinion


Court: TCA

Attorneys:

Susan E. McCown, Fayetteville, Tennessee, for the appellant, J.E.K.

N. Andy Myrick, Jr., Fayetteville, Tennessee, for the appellees, C.J.K and J.E.K.

Judge: COTTRELL

This is the second appeal in this proceeding to terminate a biological motherís parental rights. On the first appeal, this court affirmed the trial courtís conclusion that the mother had abandoned the children but remanded the case to the trial court to make specific findings regarding whether the termination of the motherís parental rights was in the childrenís best interests. The trial court determined that terminating the motherís rights would be in her childrenís best interests, and the mother appealed. We have determined that the record contains clear and convincing evidence supporting the trial courtís conclusion.

http://www.tba2.org/tba_files/TCA/2006/jak_012706.pdf

CONCURRING OPINION
http://www.tba2.org/tba_files/TCA/2006/jak_con__012706.pdf


TERRY SULLIVAN, Administrator of the Estate of Charlie Sullivan v. CHATTANOOGA MEDICAL INVESTORS, LP dba CENTERVILLE HEALTH CARE CENTER, ET AL.

Court: TCA

Attorneys:

Brian G. Brooks and Richard E. Circeo, Nashville, Tennessee, for the appellant, Terry Sullivan, Administrator of the Estate of Charlie Sullivan.

Thomas O. Helton, Christy Tosh Crider, and John Phillips, Nashville, Tennessee, for the appellees, Chattanooga Medical Investors, LP, and Life Care Centers of America, Inc.

Judge: SUSANO

Terry Sullivan, in his capacity as the Administrator of the Estate of his father, Charlie Sullivan (ďthe deceasedĒ), filed this action against the owners of Centerville Health Care Center (ďthe defendantĒ) and the owners of another nursing home, alleging that they were culpable in his fatherís death. The defendant filed a motion for summary judgment. It argued that the applicable one-year statute of limitations barred the plaintiffís action. The plaintiff responded to the motion by asserting that the effect of Tenn. Code Ann. ß 28-1-106 (2000) was to toll the running of the period of limitations during the time the deceased was mentally incompetent, which incompetency, according to the plaintiff, was removed by his fatherís death. The trial court granted the defendantís motion, holding that the statute of limitations was not tolled in this case in view of the fact that the deceased granted a durable power of attorney to the plaintiff prior to becoming incompetent. Plaintiff appeals. We reverse.

http://www.tba2.org/tba_files/TCA/2006/sullivant_012706.pdf


KENNETH B. WHITE v. DR. WILLIAM BACON, ET AL.

Court: TCA

Attorneys:

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

Bryan Essary and Kelly R. Thomas, Nashville, Tennessee for the appellee, William Bacon, M.D.

George A. Dean, Nashville, Tennessee, for the appellee, Dr. Robert Coble.

James I. Pentecost and Brandon O. Gibson, Jackson, Tennessee, for the appellees, Corrections Corporation of America and Kevin Myers.

Jerry O. Potter and Stephen G. Smith, II, Memphis, Tennessee, for the appellee, Correctional Medical Services, Inc.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; John H. Sinclair, Jr., Sr. Counsel, for the appellees Bijuara Ramakrishaiah and Tennessee Department of Correction and Commissioner Quenton White.

Judge: CAIN

Inmate filed a medical malpractice and negligence action against Defendants involved in his care following a slip-and-fall injury at the prison and Defendants involved in the maintenance of the prison. The trial court dismissed all named Defendants and inmate appeals. We affirm the decision of the trial court in all respects.

http://www.tba2.org/tba_files/TCA/2006/whitek_012706.pdf


MICHAEL LYNN YOUNGER v. STATE OF TENNESSEE

Court: TCA

Attorneys:

Michael L. Younger, Pro Se.

Paul G. Summers, Attorney General and Reporter; Arthur Crownover II, Senior Counsel for Appellee, State of Tennessee.

Judge: CRAWFORD

Appellant, an inmate who was housed in a prison operated by a private prison operating company, filed a claim against the State for medical malpractice with the Claims Commission pursuant to T.C.A. ß 9-8-307. The Claims Commission dismissed the claim for lack of jurisdiction because the treating physicians and staff allegedly responsible for the injuries to Appellant were not ďstate employees,Ē as defined by T.C.A. ß 8-42-101(3)(A). We affirm.

http://www.tba2.org/tba_files/TCA/2006/youngerm_012706.pdf


RONALD DENNIS CRAFTON v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Ronald Dennis Crafton, pro se.

Paul G. Summers, Attorney General & Reporter; John H. Bledsoe, Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: HAYES

The Petitioner, Ronald Dennis Crafton, appeals the trial court's denial of his motion to reopen his petition for post-conviction petition. The State has filed a motion requesting that this Court dismiss the above-captioned appeal, or in the alternative, affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Because Petitioner has failed to properly invoke this Courtís jurisdiction, the above-captioned appeal is dismissed.

http://www.tba2.org/tba_files/TCCA/2006/craftonr_012706.pdf


CEDRIC DAVIS aka CEDRIC BOOKER v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Robert C. Brooks, Memphis, Tennessee, for the petitioner, Cedric Davis aka Cedric Booker.

Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; William L. Gibbons, District Attorney General; and Phyllis Gardner and Paul Thomas Hoover, Jr., Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: MCLIN

The petitioner, Cedric Davis aka Cedric Booker, appeals from the post-conviction courtís denial of his petition for post-conviction relief. On appeal, he argues that the post-conviction court erred in finding that he received the effective assistance of counsel. Following our review of the record and the partiesí briefs, including the petitionerís reply brief, we affirm the judgment of the postconviction court.

http://www.tba2.org/tba_files/TCCA/2006/daviscedric_012706.pdf


ERIC GLOVER v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Eric Glover, pro se.

Paul G. Summers, Attorney General & Reporter; Brian C. Johnson, Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: GLENN

The Petitioner, Eric Glover, appeals the lower courtís denial of his petition for postconviction relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner is procedurally barred from pursuing appellate review of the lower courtís denial of post-conviction relief. Accordingly, the above-captioned appeal is dismissed.

http://www.tba2.org/tba_files/TCCA/2006/glovereric_012706.pdf


CHARLES HALL v. DAVID MILLS, WARDEN

Court: TCCA

Attorneys:

Charles Hall, pro se.

Paul G. Summers, Attorney General & Reporter; David Edward Coenen, Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: MCLIN

The Petitioner, Charles Hall, appeals the trial courtís denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Stateís motion is granted. The judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2006/hallcha_012706.pdf


GREGORY HEDGES v. DAVID MILLS, WARDEN

Court: TCCA

Attorneys:

Gregory Hedges, pro se.

Paul G. Summers, Attorney General & Reporter; Brian C. Johnson, Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: HAYES

The Petitioner Gregory Hedges appeals the trial court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Petitioner has failed to allege any ground that would render the judgment of conviction void. Accordingly, we grant the State's motion and affirm the judgment of the lower court.

http://www.tba2.org/tba_files/TCCA/2006/hedgesgr_012706.pdf


JESSIE HODGES v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Jessie Hodges, pro se.

Paul G. Summers, Attorney General & Reporter; John H. Bledsoe, Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: WILLIAMS

The Petitioner, Jessie Hodges, appeals the lower courtís denial of his petition for postconviction relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner is procedurally barred from pursuing appellate review of the lower courtís denial of post-conviction relief. Accordingly, the above-captioned appeal is dismissed.

http://www.tba2.org/tba_files/TCCA/2006/hodgesje_012706.pdf


TIM HOLT v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Wayne R. Stambaugh, Morristown, Tennessee, for the Appellant, Tim Holt.

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; C. Berkeley Bell, District Attorney General; and Connie Trobaugh, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

The Appellant, Tim Holt, appeals the judgment of the Hancock County Criminal Court denying postconviction relief. Holt was convicted of first degree murder and sentenced to life imprisonment. On appeal, Holt argues that he was denied his Sixth Amendment right to the effective assistance of counsel. After review, the judgment of the post-conviction court is affirmed.

http://www.tba2.org/tba_files/TCCA/2006/holtt_012706.pdf


STATE OF TENNESSEE v. NORMAN KYLE LEWIS

Court: TCCA

Attorneys:

James T. Bowman, Johnson City, Tennessee, for the Appellant, Norman Kyle Lewis.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Joe Crumley, District Attorney General; and Dennis D. Brooks, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

The Appellant, Norman Kyle Lewis, was convicted by a Washington County jury of attempted first degree murder and was sentenced as a Range I standard offender to twenty-five years in the Department of Correction. On appeal, Lewis argues that the evidence is insufficient to support his conviction. After review of the record, we conclude that the convicting evidence was legally sufficient. Accordingly, the judgment of conviction is affirmed.

http://www.tba2.org/tba_files/TCCA/2006/lewisn_012706.pdf


STATE OF TENNESSEE v. COREY MOTEN

Court: TCCA

Attorneys:

Marvin Ballin (at trial) and Blake D. Ballin (on appeal), Memphis, Tennessee, for the appellant, Corey Moten.

Paul G. Summers, Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; William L. Gibbons, District Attorney General; and Stephen P. Jones, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Corey Moten, was convicted of second degree murder, a Class A felony, and sentenced as a violent offender to twenty years in the Department of Correction. On appeal, he argues that the evidence is insufficient to support his conviction and that the trial court erred in giving a sequential jury instruction. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/motenc_012706.pdf


STATE OF TENNESSEE v. JAMIE EMERSON NEW

Court: TCCA

Attorneys:

Jeff Mueller, Jackson, Tennessee, for the Appellant, Jamie Emerson New.

Paul G. Summers, Attorney General and Reporter; Jane L. Beebe, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; Alfred L. Earls and Shaun A. Brown, Assistant District Attorneys General, for the Appellee, State of Tennessee.

The Defendant, Jamie Emerson New, was convicted of aggravated sexual battery and sentenced to eight years of incarceration. On appeal, he contends that; (1) the evidence is insufficient to sustain his conviction, and (2) the two child witnesses who testified against him were not competent to testify. Finding no reversible error, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/newje_012706.pdf


ERIKA LOUISE BUNKLEY PATRICK v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Fannie J. Harris, Nashville, Tennessee, for the appellant, Erika Louise Bunkley Patrick.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; C. Phillip Bivens, District Attorney General, Karen Waddell Burns, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Petitioner, Erika Louise Bunkley Patrick, appeals the post-conviction courtís dismissal of her petition for post-conviction relief in which she alleged that her pleas of guilty were not voluntarily and knowingly entered into and that her trial counsel rendered ineffective assistance in the negotiation and entry of her pleas. After a thorough review of the record, we affirm the judgment of the postconviction court.

http://www.tba2.org/tba_files/TCCA/2006/patricker_012706.pdf


STATE OF TENNESSEE v. JARROD JOHNSTON SLAUGHTER

Court: TCCA

Attorneys:

Mark L. Agee and Jason C. Scott, Trenton, Tennessee, for the appellant, Jarrod Johnston Slaughter.

Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; James G. Woodall, District Attorney General; Angela Scott, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The appellant, Jarrod Johnston Slaughter, was convicted by a jury in the Madison County Circuit Court of driving under the influence (DUI), third offense. He received a sentence of eleven months, and twenty-nine days, with 208 days to be served in confinement. On appeal, the appellant challenges the sufficiency of the evidence supporting his conviction and the length of confinement imposed by the trial court. Upon our review of the record and the partiesí briefs, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/slaughterj_012706.pdf


Lifetime Ban on Legislative Lobbying

TN Attorney General Opinions

Date: 2006-01-24

Opinion Number: 06-017

http://www.tba2.org/tba_files/AG/2006/ag_06-17.pdf

TODAY'S NEWS

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Legislative News
Track legislation of interest to Tennessee attorneys
The TBA Action List tracks bills in the General Assembly that the TBA has a direct interest in. This means it has either initiated the legislation, taken a position on the bill or has a policy on the issue. The TBA Watch List is a broader list of bills of interest to the Tennessee legal community.
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Legal News
Attacks on independent judiciary should not go unchallenged
Senior Federal Judge Allan Edgar tells a Chattanooga group that efforts to erode the independence of the judiciary is a major problem in the country that is going unnoticed, the Chattanoogan.com reports.
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Join some of the state's top estate planners in the 2006 Estate Planning Forum, Feb. 24 at the Tennessee Bar Center in Nashville. You'll learn about recent developments in estate planning and estate administration, along with asset protection planning, uniform trust code drafting issues and more.
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