Understanding lawyer advertising and the internet
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Howard H. Vogel
PEGGY ARMSTRONG v. METROPOLITAN NASHVILLE HOSPITAL AUTHORITY
Stephen W. Grace, Nashville, Tennessee, for the appellant, Peggy Armstrong.
Karl F. Dean and Wm. Michael Safley, Nashville, Tennessee, for the appellee, Civil Service
Commission of the Hospital Authority of Metropolitan Nashville and Davidson County.
This appeal involves the discharge of a clerical employee by the Metropolitan Nashville General
Hospital. After her discharge was upheld by the Metropolitan Nashville Hospital Authority, the
employee filed a petition in the Chancery Court for Davidson County seeking judicial review of the
decision to discharge her. The trial court affirmed the discharge, and the employee has appealed.
Like the trial court, we have determined that the decision to discharge the employee for deficient and
inefficient performance of duties is supported by substantial and material evidence.
DAVID AUSTIN, ET AL. v. STATE OF TENNESSEE
David A. Siegel, Memphis, Tennessee, for the Appellants, David Austin, Tina Austin and April Austin.
Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Dawn Jordan, Assistant Attorney General, for the appellee, State of Tennessee.
Plaintiffs filed a complaint against Fayette County for injuries sustained in an automobile accident
at the intersection of Mount Pleasant Road and State Highway 57. The County's answer alleged that
the State rather than the County maintained the stop sign, intersection and highway which allegedly
caused Plaintiffs' injuries. Plaintiffs filed a second complaint in the Tennessee Claims Commission
against the State relying on the ninety day extension provided in Tennessee Code Annotated Section
20-1-119 since the applicable one year statute of limitations had expired. The Claims Commission
dismissed Plaintiffs' complaint as time-barred. We affirm in part, reverse in part, and remand the
case to the Claims Commission.
STATE OF TENNESSEE, ex rel. WILLIE BEARD v. STACEY HANNAH
Paul G. Summers, Attorney General and Reporter; Lauren S. Lamberth, Assistant Attorney General
for Appellant, State of Tennessee, ex. rel. Willie Beard.
No brief filed by Appellee.
This is a Title IV child support case. The State appeals from the trial court's Order refusing to set
support because the Petitioner did not have legal custody of the child at the time she received public
assistance from the Department of Human Services, nor was the biological parent given notice that
she would have to reimburse the Department of Human Services for moneys spent on behalf of her
son when she placed him in the custody of the Petitioner. We reverse and remand.
MARTHA FLOWERS (HASENMUELLER) v. STEVEN LEE HASENMUELLER
S. Denise McCrary, Memphis, Tennessee, for Respondent/Appellant Martha Flowers.
Nick Rice, Memphis, Tennessee, for Petitioner/Appellee Steven Hasenmueller.
This is a contempt action arising out of a divorce. The parties' final decree of divorce incorporated
a marital dissolution agreement. The husband filed a petition for civil and criminal contempt against
the wife for several alleged violations of the martial dissolution agreement. At the first hearing on
the husband's petition, the husband requested leave of court to amend his petition for contempt.
Leave to amend was granted, and in light of the amendment, the trial court ordered a two-day
continuance of the hearing. When the proceedings were reconvened, the trial court ruled that the
wife had committed three violations of the marital dissolution agreement. The trial court awarded
the husband $12,000 in attorney's fees for prosecuting the contempt petition. The wife appeals,
asserting that the trial court erred in granting the husband leave to amend his petition, finding that
the wife violated the terms of the MDA, and in awarding the husband $12,000 in attorney’s fees.
We affirm the grant of leave to amend the petition and the finding that the wife violated the terms
of the MDA. However, the award of attorney's fees is vacated and the cause remanded for
reconsideration of this issue.
NICOLE FRANCOIS v. LINDA WILLIS
Edmund J. Schmidt III and David Randolph Smith, Nashville, Tennessee, for the appellant, Nicole
Herbert J. Sievers, III, Nashville, Tennessee, for the appellee, Linda Willis.
This appeal involves a request for prejudgment interest in a personal injury case. After the Circuit
Court for Cheatham County entered a $27,787.50 judgment for the prevailing motorist, the motorist
filed a post-trial motion seeking prejudgment interest. The trial court denied the motion, and the
prevailing motorist appealed. We affirm the trial court because prejudgment interest in not available
in personal injury cases.
INTERSTATE MARKETING CORPORATION v. EQUIPMENT SERVICES, INC., d/b/a BLACKHAWK KJ
J. Thomas Martin and S. Ralph Gordon, Nashville, Tennessee, for the appellant, Interstate Marketing
Robert E. Boston and Derek W. Edwards, Nashville, Tennessee, for the appellee, Equipment
Services, Inc., d/b/a Blackhawk KJ.
The trial court dismissed Plaintiff's action upon determining the contract at dispute was governed
by Tennessee Code Annotated Section 47-25-1301 et seq. as it existed prior to being amended by the
General Assembly in 1999. We reverse and remand for further proceedings.
LORI ANN RUSS v. STEVEN RUSS
J. Russell Parkes, Wesley Mack Bryant, Columbia, TN, for Appellant.
Paul A. Bates, Lawrenceburg, TN, for Appellee.
This appeal stems from a divorce case. In this appeal, we are asked to determine whether the
chancery court erred when it named the wife as the primary residential parent, when it adopted a
visitation schedule requiring the children to be transported between husband and wife on a daily
basis during the week, and when it declined to award husband alimony. The husband contends on
appeal that naming him primary residential parent and adopting his permanent parenting plan would
be less disruptive on the children. Further, he asserts that the court should have awarded him
alimony as he was the economically disadvantaged spouse and has a limited income due to his
medical condition. We affirm in part, reverse in part, and remand.
BROCK D. SHORT v. CITY OF BRENTWOOD
William N. Bates, Nashville, Tennessee, for the appellant, City of Brentwood.
L. Marshall Albritton, Nashville, Tennessee, for the appellee, Brock D. Short.
Plaintiff Brock Short (Plaintiff) asserted an inverse condemnation claim against Defendant City
of Brentwood (Defendant) resulting from Defendant's blocking of Plaintiff's access to
Meadowlake Drive in Brentwood, Tennessee. The trial court granted summary judgment in favor
of Plaintiff and subsequently awarded Plaintiff damages in a separate hearing. Defendant appeals.
We reverse and remand.
STATE OF TENNESSEE v. THOMAS ALVIN CARTER
Brandt W. Davis, Knoxville, Tennessee, for the Appellant, Thomas Alvin Carter.
Paul G. Summers, Attorney General & Reporter; Rachel E. Willis, Assistant Attorney General;
Randall E. Nichols, District Attorney General; and John Halstead, Assistant District Attorney
General, for the Appellee, State of Tennessee.
In this case appealed by Defendant Thomas Alvin Carter from the Knox County Criminal Court, we
review the sufficiency of the evidence convicting the defendant of theft of property valued between
$10,000 and $60,000 and the defendant's claim that the trial court erred in denying his motion for
mistrial. We perceive no reversible error and affirm the judgment.
DAVID KEEN v. STATE OF TENNESSEE
Donald E. Dawson, Nashville, Tennessee; and Catherine Y. Brockenborough, Nashville,
Tennessee, for the appellant, David Keen.
Paul G. Summers, Attorney General and Reporter; Michelle Chapman McIntire, Assistant
Attorney General; and William L. Gibbons, District Attorney General, for the appellee, State of
Capital Petitioner David Keen appeals as of right the judgment of the Shelby County Criminal
Court denying his petition for post-conviction relief. Petitioner Keen pled guilty to first degree
felony murder committed in the perpetration of the rape of eight-year-old Ashley Nicole (Nikki) Reed. See State v. Keen, 31 S.W.3d 196 (Tenn. 2000); State v. Keen, 926 S.W.2d 727 (Tenn. 1996). He was sentenced to death. On direct appeal, the petitioner's conviction was affirmed,
but the Supreme Court reversed and remanded the sentence of death after finding reversible error
due to erroneous jury instructions. Keen, 926 S.W.2d at 736. On remand, the jury, again,
imposed the penalty of death. Keen, 31 S.W.3d at 202. Our Supreme Court affirmed the sentence
of death on direct appeal. Id. A pro se petition for post-conviction relief was filed on May 3,
2001, which was followed by the appointment of counsel and an amended petition on November
16, 2001. An evidentiary hearing was conducted and, on August 2, 2004, the post-conviction
court denied relief and dismissed the petition. On direct appeal to this Court, the petitioner
presents for our review the following claims: (1) whether the petitioner was denied a fair trial
due to jury misconduct; (2) whether the petitioner received constitutionally effective assistance
of counsel at his sentencing hearing; (3) whether the death sentence violates the holdings in
Apprendi, Ring, or Jones; (4) whether the prosecutor's discretion in seeking the death penalty
violates Bush v. Gore; (5) whether the imposition of the death penalty is unconstitutional; and
(6) whether imposition of the death penalty violates international law. After a careful and
laborious review of the record, this Court concludes that there is no error requiring reversal.
Accordingly, the judgment of the post-conviction court is affirmed.
EARL JEROME LEE v. GLEN TURNER, WARDEN
Earl Jerome Lee, Whiteville, Tennessee, Pro Se.
Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; and
Elizabeth T. Rice, District Attorney General, for the appellee, State of Tennessee.
The petitioner, Earl Jerome Lee, pled guilty to aggravated kidnapping, attempted felony escape,
concealing stolen property, and fraudulent use of a credit card, and he received a total effective
sentence of forty years incarceration in the Tennessee Department of Correction. Subsequently, the
petitioner filed a petition for a writ of habeas corpus, alleging that the sentences imposed were
illegal. The habeas corpus court dismissed the petition without appointing counsel or conducting
an evidentiary hearing. The petitioner appeals the dismissal. Upon our review of the record and the
parties' briefs, we affirm the judgment of the habeas corpus court.
| Legal News
|Baker and McWherter to chair conservation campaign
|Senator Howard H. Baker Jr. of Baker, Donelson, Bearman, Caldwell & Berkowitz PC and former Tennessee Governor Ned Ray McWherter have been named honorary co-chairs of the Nature Conservancy's statewide campaign "Saving the Last Great Places of Tennessee." The campaign is the state's most ambitious conservation effort to date, with a goal of raising $14 million to expand programs across Tennessee. It will run through the end of 2006.
|U.S. Supreme Court to consider racial makeup of schools
|The Supreme Court agreed this week to rule on what measures, if any, public school systems may use to maintain racial balance at individual schools. The issue will be addressed in two cases; one from Louisville, Ky., where schools were once segregated by law, and one from Seattle, where segregation was never official but was widespread due to residential patterns.
|Read more in the Memphis Commercial Appeal
|Pretrial detainees costly says county mayor
|Hamilton County Mayor Claude Ramsey says millions of dollars are being spent on inmates before they go to trial in his jurisdiction and that jail overcrowding and slow court processes are making the situation worse. The capacity of the county jail is 490. As of this morning it was housing 562 inmates. Some critics have suggested using house arrest as an alternative until the situation can be remedied, reports News Channel WDEF.
|Future of juvenile detention center unclear
|Local government officials in Jackson are debating closing the Madison County Juvenile Detention Center as a way to help balance the county's budget. Juvenile Court Judge Christy Little is fighting that move. The Jackson Sun editorializes about the situation and comes to the conclusion that the center should remain open.
|Read the editorial
|Nashville lawyer seeks new brand of justice
|Mickell Branham was not among the attorneys arguing the terrorism case of Zacarias Moussaoui in court, but she was one of three nationally recognized restorative justice experts working to bridge communication between the defense team and the victims. Defense-based victim outreach is foreign in the adversarial legal system as we know it, but Branham believes it is a cutting-edge way to transform that system into something better.
|Read more in the Tennessean
|U.S. justice lived and died at Nashville mansion
|A multimillion-dollar brick mansion along U.S. 70 near the intersection of Highway 100 in Nashville was once home to Howell Edmunds Jackson, one of only six Tennesseans to hold seats on the nation's highest court. The Tennessean explores the history of the house and its famous visitors.
|Read the piece
|County denies racial bias
|Sumner County Law Director Leah Dennen has denied racial discrimination charges brought against County Trustee Betty Gregory. Former trustee employee Carla Brown filed the lawsuit, alleging that she was exposed to racial epithets and other harassment, and that decisions impacting the public were motivated by race.
|Read more about the case in the Ashland City Times
|Elvis house in legal battle
|The former home of Elvis Presley at 1034 Audubon in Memphis appeared to have been sold at auction last month, but when details of the contract could not be worked out, the house was sold to another buyer. The original buyer has cried foul and has asked the court to reopen an old bankruptcy case involving the seller and determine whether proceeds from the sale of the house should be used to pay off creditors previously denied assets.
|Read about it in the Memphis Commercial Appeal
|Defense rests in Dixon case
|Former lawmaker Roscoe Dixon testified yesterday that he took cash during the Tennessee Waltz investigation but insisted it was not a payoff. The defense then rested Tuesday after calling Dixon as its only witness.
|Get more details in the Knoxville News Sentinel
|Law director tells county to file charter
|A court challenge by five incumbent commissioners to term limits prescribed under Knox County's charter has yielded an embarrassing discovery: the charter was never sent to the secretary of state for approval. Eighteen years after voters endorsed the charter in a referendum, Knox County Law Director Mike Moyers said it's time to file the document, reports the Associated Press.