TBA legislative package introduced in General Assembly

Based on the work of TBA sections and committees -- and approved by TBA governing bodies -- five bills have been introduced in the Tennessee General Assembly. The package addresses issues in the unauthorized practice of law, lien law, domestic violence, limited liability companies and Tenncare estate recovery. Follow this link to learn more about these bills.

http://www.tba2.org/tbatoday/legislation/2006/update_022306.html

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
02 - TN Court of Criminal Appeals
00 - 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

STATE OF TENNESSEE ex rel. SYLVANA La SELVA

Court: TCA

Attorneys:

Paul G. Summers, Attorney General and Reporter, and Warren A. Jasper, Assistant Attorney General, Nashville, Tennessee, for the Appellant State of Tennessee ex rel. Sylvana La Selva.

Bruce Hill, Sevierville, Tennessee, for the Appellee Henry Peter Ziomek.

Judge: D. MICHAEL SWINEY

This appeal concerns a decision of the Sevier County Circuit Court that a child support judgment entered by the Ontario Superior Court of Justice was entitled to registration, but was not entitled to enforcement in Tennessee pursuant to the Uniform Interstate Family Support Act, Tenn. Code Ann. § 36-5-2001, et seq. After determining that the Canadian judgment was not enforceable, the Circuit Court ordered the father to pay significantly less than the amount previously ordered by the Canadian Court. We hold that the judgment of the Ontario Superior Court of Justice is entitled to registration and enforcement in Tennessee under the Uniform Interstate Family Support Act. We also hold that the Circuit Court lacked subject matter jurisdiction to modify the father’s child support payment. The judgment of the Circuit Court is affirmed in part, reversed in part, and remanded for further proceedings.

http://www.tba2.org/tba_files/TCA/2006/laselvas022306.pdf


GARY WAYNE CALHOUN v. HOWARD W. CARLTON, WARDEN

Court: TCCA

Attorneys:

Gary Wayne Calhoun, Mountain City, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; and Joe C. Crumley, Jr., District Attorney General, for the appellee, State of Tennessee.

Judge: JOSEPH M. TIPTON

The petitioner, Gary Wayne Calhoun, appeals the Carter County Criminal Court’s order dismissing his petition for a writ of habeas corpus. He claims his five judgments of conviction resulting from his pleas of guilty are void because his sentences are illegal. We affirm the judgment of the trial court with regard to four of the five challenged judgments. We hold that the sentence for the fifth challenged judgment of conviction is illegal, and we grant habeas corpus relief as to that conviction. We remand the case to the Carter County Criminal Court for further proceedings consistent with this opinion.

http://www.tba2.org/tba_files/TCCA/2006/calhoung022306.pdf


GROVER L. DUNIGAN v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Grover L. Dunigan, Henning, Tennessee, pro se.

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; and William H. Cox, III, District Attorney General, for the appellee, State of Tennessee.

Judge: THOMAS T. WOODALL

Petitioner, Grover L. Dunigan, filed a pro se petition for post-conviction relief, alleging that he received the ineffective assistance of counsel regarding his conviction for second degree murder. The post-conviction court dismissed the petition without a hearing on the grounds that the petition was time-barred. In this appeal, Petitioner argues that due process requires tolling the statute of limitations because his trial attorney never told him that the supreme court had denied his Rule 11 application. After a thorough review of the record, we find that the lower court properly dismissed the petition. Therefore, the judgment of the post-conviction court is affirmed.

http://www.tba2.org/tba_files/TCCA/2006/dunigang022306.pdf


TODAY'S NEWS

Legal News
Legislative News
Online CLE

Legal News
Juror comes away with faith in system
As a lawyer, you probably ought to hear it from the juror's perspective every now and then. Read Nashville's "Ms. Cheap's" account of her jury service in
The Tennessean.
Only three contested races on May 2 ballot
The slate of candidates for the May 2 Rhea County primaries are set, but the election isn’t likely to generate a lot of excitement because out of a possible 24 primary elections, only three are contested this year.
Rhea County Herald-News
Did you hear the one about the lawyer who ...
This professor has documented how lawyer jokes have become increasingly bitter in tone and hostile over the last few decades. Read what Marc Galanter had to say about it at Vanderbilt last night in the
Knoxville News-Sentinel.
California case could affect Abdur'Rahman
Tuesday’s postponement of the execution of convicted killer Michael Morales of California could play into the hands of the defense team of Abu-Ali Abdur'Rahman, a Nashville convict held at Riverbend Maximum Security Institution. In both cases, the issue of the state's lethal injection procedure is at the forefront, and Abdur'Rahman's defense attorney, Brad MacLean, believes the cases will shift the public's attention to the problems inherent in the lethal injection protocols. Read about it in
The City Paper.
Legislative News
Stanley seeks to replace Person in Senate
State Rep. Paul Stanley, a Germantown Republican, became the first candidate Wednesday for the East Shelby state Senate seat to be vacated Nov. 7 by Sen. Curtis Person. Read more in the
Commercial Appeal.
Former judge hired by Senate
Retired state Court of Appeals Judge Ben Cantrell of Nashville has been named special counsel to help guide the Senate committee that is examining the election of Ophelia Ford. The committee will recommend whether or not to void the election's results. Read the story in the
Commercial-Appeal.
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.
TBA Bill Tracking Service
Online CLE
New course looks at key 2005 Tennessee Supreme Court decisions
What were the major holdings of the Tennessee Supreme Court during 2005 and what do they mean to your and your practice? Find out in Virginia Mayo’s latest online course from TennBarU. The editor of M. Lee Smith's Tennessee Attorneys Memo, Mayo offers a detailed look at issues ranging from the liability of a diocese for the conduct of a former priest to the duty of convenience store employees not to sell gas to obviously intoxicated individuals.
Register or find out more

 
 
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