Haynes announces bid for Senate speaker

Sen. Joe Haynes announced today he plans to challenge fellow Democrat John Wilder for the lieutenant governor's seat. Wilder, 85, has been in that post since 1971, believed to be the longest consecutive leadership of a legislative chamber in U.S. history. ''I have a tremendous amount of respect for the leadership of Lt. Governor John Wilder, but I believe the time has come for a new vision for the Senate,'' Haynes said in a news release. Find out more from the Knoxville News Sentinel:

http://www.knoxnews.com/kns/state/article/0,1406,KNS_348_5222104,00.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
04 - TN Court of Appeals
03 - 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

BRANDY HILLS ESTATES, LLC v. WILLIAM VERNON REEVES, ET AL.

Court: TCA

Attorneys:

Tracy C. Wooden, Chattanooga, Tennessee, for the appellants, William Vernon Reeves and wife, Deolvia Hunnicut Reeves, William M. (Mickey) Reeves, Sr., and Jere R. Reeves, Vivian Reeves Dykes and the City of New Hope, Tennessee

Edwin Z. Kelly, Jr., Jasper, Tennessee, for the appellee, Brandy Hills Estates, LLC

Judge: CLEMENT

The plaintiff brought this action to establish that a public road, Pine Grove Road, extended to its northern property line and that it had a right of access to the road. The defendants, owners of the adjoining property and the City of New Hope, Tennessee, contend that the public road terminated short of the plaintiff’s property, within the private property of the defendant property owners, and that the plaintiff had no right of access. The jury found the plaintiff had proved by clear and convincing evidence that the disputed property, which was at the end of the paved portion of Pine Grove Road, was a public road dedicated by implication, and the right-of-way extended to the plaintiff’s property. The defendants appeal. We affirm.

https://www.tba2.org/tba_files/TCA/2006/brandyhills_121806.pdf


KAREN E. FERGUSON v. NATIONWIDE PROPERTY & CASUALTY INSURANCE COMPANY, ET AL.

Court: TCA

Attorneys:

David L Cooper, Nashville, Tennessee, for the appellant, Karen E. Ferguson

Parks T. Chastain, David M. Hannah, Nashville, Tennessee, for the appellee, Nationwide Property & Casualty Insurance Company.

M. Bradley Gilmore, Frank M. Gallina, Nashville, Tennessee, for the appellee, Edwin B. Raskin Company.

Judge: CAIN

Apartment manager filed an action against employer and employer’s insurance carrier after they refused to reimburse her for the losses she incurred as a result of a fire that began in the apartment’s main office which was connected to her personal apartment. We affirm the judgment of the trial court granting summary judgment to the defendants.

https://www.tba2.org/tba_files/TCA/2006/fergusonk_121806.pdf


EUGENE L. LAMPLEY, ET AL. v. MELVIN D. ROMINE, ET AL.

Court: TCA

Attorneys:

Aubrey T. Givens, Nashville, Tennessee, for the appellants, Melvin T. Romine and wife Maxine M. Romine

Henry F. Todd, Jr., Dickson, Tennessee, for the appellees, Eugene L. Lampley and wife, Nancy Lampley

Judge: COTTRELL

In a boundary dispute, the trial court refused to find estoppel by deed since the party raising the estoppel had not relied on the erroneous deeds. We affirm.

https://www.tba2.org/tba_files/TCA/2006/lampleye_121806.pdf


OSCAR SEVILLA v. DOUGLAS COX

Court: TCA

Attorneys:

Steven G. Roberts, Memphis, Tennessee, for the appellant, Oscar Sevilla

S. Newton Anderson, Memphis, Tennessee, for the appellee, Douglas Cox.

Judge: FARMER

The trial court awarded summary judgment in favor of Defendant in this negligence action. We affirm.

https://www.tba2.org/tba_files/TCA/2006/sevillao_121806.pdf


STATE OF TENNESSEE v. MARIO ANTWAN FULGHAM

Court: TCCA

Attorneys:

Mike A. Little, Chattanooga, Tennessee, for the appellant, Mario Antwan Fulgham

Paul G. Summers, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; William H. Cox, III, District Attorney General; and Neal Pinkston and David Denny, Assistant District Attorneys General, for the appellee, State of Tennessee

Judge: GLENN

The defendant, Mario Antwan Fulgham, was convicted of facilitation of first degree murder, attempted especially aggravated robbery, and attempted aggravated robbery–Class A, B, and C felonies respectively–and sentenced as a Range I, standard offender to concurrent terms of twentyfour, ten, and five years in the Department of Correction. On appeal, he argues that the trial court erred by denying his motion to suppress statements he made to law enforcement and that the State improperly quoted a Biblical scripture in its closing argument. Following our review, we affirm the judgments of the trial court but remand for entry of corrected judgments to reflect that the defendant was convicted by a jury rather than by pleading guilty, as the judgments now reflect.

https://www.tba2.org/tba_files/TCCA/2006/fulghamm_121806.pdf


ADAM CHARLES PARTIN v. DELORES LOURRAINE WALLIS

Court: TCCA

Attorneys:

Wayne Decatur Wykoff, Knoxville, Tennessee for the Appellant, Delores Lourraine Wallis

W. Andrew Fox, Knoxville, Tennessee for the Appellee, Adam Charles Partin

Judge: SWINEY

Adam Charles Partin (“Father”) filed a petition to modify his child support obligation claiming that a significant variance existed between his income at the time his child support obligation was originally calculated and his current income. The case was tried and the Trial Court entered an order finding and holding, inter alia, that a significant variance did exist making the child support order eligible for modification. The Trial Court then reduced Father’s child support. Delores Lourraine Wallis (“Mother”) appeals claiming that the Trial Court erred in calculating Father’s income and that a significant variance does not exist. We affirm.

https://www.tba2.org/tba_files/TCCA/2006/partina_121806.pdf


STATE OF TENNESSEE v. MARCUS LASHOWN WHITE

Court: TCCA

Attorneys:

Raymond Mack Garner, District Public Defender; Julie A. Rice, Assistant Public Defender (on appeal); and Robert White, Maryville, Tennessee (at trial), for the appellant, Marcus Lashown White

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Ellen L. Berez, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: WILLIAMS

The defendant, Marcus Lashown White, pled guilty to aggravated assault, a Class C felony. The plea agreement specified that the defendant was a Range I, standard offender and that the term of sentence was six years, the maximum within the range. The manner of service was to be determined after the sentencing hearing. At sentencing, the trial court denied any alternative sentence. The defendant now appeals. We conclude that the evidence presented at the sentencing hearing was sufficient to rebut the defendant’s presumptive eligibility for alternative sentencing. After thorough review, we affirm the judgment of the trial court.

https://www.tba2.org/tba_files/TCCA/2006/whitem_121806.pdf


TODAY'S NEWS

Legislative News
Legal News
Online CLE

Legislative News
Former State Sen. John Ford indicted on new charges
Federal prosecutors announced today that former state Sen. John Ford has been indicted on new charges, stemming from consulting deals he had with two contractors with TennCare, the state's expanded Medicaid program.
Read more and see the full indictment at WSMV.com
Legal News
Commissioner says juvenile court discriminates
Juvenile offenders in the Shelby County suburbs are getting better treatment than their urban counterparts, a group of Shelby County Commissioners says. The commissioners want the federal government to stop funding the juvenile court while the government looks into possible civil rights violations.
Read the story from WMCS
Former magistrate accused of taking naked pictures of teen
A federal lawsuit filed Friday night accuses a former Blount County magistrate of coercing a teen girl into questionable acts. The lawsuit claims Magistrate Dustin Hatcher committed the acts in his county office, including taking pictures of the girl's bare breasts.
WATE-TV has more
Showdown looms over domestic spying
Federal agents continue to eavesdrop on Americans' electronic communications without warrants a year after President Bush confirmed the practice, and experts say a new Congress' efforts to limit the program could trigger a constitutional showdown, the Associated Press writes. The Cincinnati-based 6th U.S. Circuit Court of Appeals, the highest court squarely confronted with the issue so far, is to hear the American Civil Liberties Union's challenge Jan. 31. The appeals court will review a Detroit judge's ruling that the program was unconstitutional.
TriCities.com carried this AP story
'Trial of the century' recalled in Rhea courthouse basement
You can visit the courthouse in Rhea County where the high drama of the 1925 "Scopes Monkey Trial" was held. The basement of the working courthouse is a museum, depicting the famous trial that had evolution at the center, and pitted lawyers Clarence Darrow and William Jennings Bryan against each other.
The News Sentinel has details
State requests execution date for Workman in cop's slaying
Tennessee Attorney General Bob Cooper has asked the Supreme Court to set an execution date for Philip Ray Workman, saying that a stay he received in 2004 has expired. Workman has been on death row since 1982 for the slaying of Memphis Police Lt. Ronald Oliver after a 1981 robbery at a fast-food restaurant.
The Tennessean has more
Pay now or pay more later for new county jail
Shelby County Sheriff Mark Luttrell outlines why the county needs a new jail.
Read his opinion column in the Commercial Appeal
Free CLE for seminar monitors
TennBarU's End of the Year Video Festival will be held from 7 a.m. to 7 p.m. Dec. 26-30 at the Tennessee Bar Center in Nashville. Attorneys interested in serving as monitors for portions of the day will receive two hours of free CLE credit for each hour worked. The end of the year CLE blowout will feature more than 150 hours of video replays from the best TennBarU CLE programs and more than 100 hours of ethics programming. Contact Kathleen Caillouette at 615-383-7421 or kcaillouette@tnbar.org if you are interested in serving as a moderator.

Judge: Confession to murder was unfairly obtained
Knox County Criminal Court Judge Richard Baumgartner has ruled that the taped confession of Marvin Joseph Hill will not be heard by a jury. Hill had asked for a lawyer but three investigators continued to question him along with his wife in a police station interrogation room. His wife was used as a "police tool," Knox County Public Defender Mark Stephens says.
Read the story in the News Sentinel
Online CLE
Here's help meeting 2006 CLE requirements
Need an hour or two of CLE to complete your 2006 requirements? The TBA's TennBarU online university is ready to help. With more than 25 text-based and 150-plus video courses -- many carrying ethics credit -- you'll find the programs you want and need.
Register or find out more now

 
 
UNSUBSCRIBE TO TBAToday? ... SURELY NOT!
But if you must, visit the TBALink web site at: https://www.tba2.org/tbatoday/unsub_tbatoday.php

TBALink HomeContact UsPageFinderWhat's NewHelp
 
 
© Copyright 2006 Tennessee Bar Association