Swearing-in ceremony highlight of TBA Academy

A select group of Tennessee attorneys will soon experience the honor of being admitted to practice before the United States Supreme Court in a private swearing-in ceremony at the 24rd Annual TBA Academy. This year's Academy is scheduled for Jan. 21-23, with the ceremony to take place before the court on Jan. 22. Deadline to register is Dec. 21. Join TBA President Marcy Eason and other leaders in the Tennessee legal community in this exciting program. Sign up or learn more.

https://www.tnbaru.com/CLE/catalog_course_details.php?course=5494

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 or to obtain a text version of each opinion, 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 the TBA's Membership Central.

00 - TN Supreme Court
01 - 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

You can obtain full-text versions of the opinions two ways. We recommend that you download the Opinions to your computer and then open them from there. 1) 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. 2) 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.

SHEILA REECE v. J. T. WALKER INDUSTRIES INC. d/b/a RITE SCREEN, INC.

Court: TWCA

Attorneys:

Jennifer P. Keller and Philip R. Baker, Johnson City, Tennessee, for the Appellant, J.T. Walker Industries d/b/a Rite Screen, Inc.

Gary L. Goldstein, Johnson City, Tennessee, for the Appellee, Sheila Reece.

Judge: SCOTT

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employee developed bilateral carpal tunnel syndrome as a result of her employment. The trial court awarded her 50% permanent partial disability to both hands. The employer has appealed, contending the award is excessive. We modify the award to 50% permanent partial disability to both arms, and affirm the judgment.

http://www.tba2.org/tba_files/TSC_WCP/2007/reeces_121107.pdf


VICKY BERRY v. HOUCHENS MARKET OF TENNESSEE, INC., d/b/a Save-a-Lot Stores, and J.D. EATHERLY PROPERTIES
CORRECTION#2


Court: TCA

Attorneys:

Michael H. Sneed, Nashville, Tennessee, for appellant.

Joseph M. Huffaker and Mary Beth Haltom, Nashville, Tennessee, for appellee.

Judge: FRANKS

Plaintiff fell in a puddle of oil in the parking lot near the Save-a-Lot Market. The Trial Court granted the market and the owner of the parking lot summary judgment. On appeal, we affirm.

http://www.tba2.org/tba_files/TCA/2007/berryv_Corr2_121107.pdf


STATE OF TENNESSEE v. JOHN KENNETH HAYES

Court: TCCA

Attorneys:

David M. Livingston, Brownsville, Tennessee, for the appellant, John Kenneth Hayes.

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; D. Michael Dunavant, District Attorney General; and Julie K. Pillow, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, John Kenneth Hayes, was convicted of theft of property over $10,000, a Class C felony, and sentenced as a Range I, standard offender to four years in the Department of Correction. On appeal, he argues that the trial court erred in ordering that he serve 120 days in confinement prior to being placed on community corrections. Following our review, we affirm the judgment of the trial court but remand for entry of a corrected judgment to reflect the community corrections service of the defendant's sentence.

http://www.tba2.org/tba_files/TCCA/2007/hayesj_121107.pdf


RANDY BERNARD MITCHELL v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Jason L. Hudson, Dyersburg, Tennessee, for the appellant, Randy Bernard Mitchell.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; and C. Phillip Bivens, District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The petitioner, Randy Bernard Mitchell, appeals the denial of his petition for post-conviction relief, arguing that his trial counsel was ineffective for failing to adequately investigate his case and for failing to fully explain the ramifications of his guilty plea. Following our review, we affirm the denial of the petition.

http://www.tba2.org/tba_files/TCCA/2007/mitchellr_121107.pdf


TODAY'S NEWS

Legal News
Disciplinary Actions
TBA Member Services

Legal News
Parts of Patriot Act not constitutional, 9th Circuit says
A federal appeals court ruled yesterday that some portions of the U.S. Patriot Act dealing with foreign terrorist organizations are unconstitutional because the language is too vague to be understood by a person of average intelligence, the Associated Press reports today.
Read the AP story on FirstAmendmentCenter.org
Editorial: Leave Sunshine Law alone
The Knoxville News Sentinel says in an editorial today that Gov. Bredesen's take on the 'Sunshine Law' is correct: it should not be watered down. Bredesen's comments came after the Open Government Study Committee recommended changing Tennessee's statute -- first approved in the 1970s -- to permit up to three local politicians to deliberate public business in a private meeting.
Read the editorial
Paul Ney to be Nashville's economic development director
Former TBA treasurer and Nashville lawyer Paul Ney will take over as Nashville's director of economic and community development in January, Mayor Karl Dean announced today. Ney, who has been serving as deputy general counsel of the U.S. Department of Defense in Washington, D.C., had been a partner in Trauger, Ney & Tuke, which is now Trauger & Tuke.
Read more in the Tennessean
CIA director to explain tapes' destruction
CIA Director Gen. Michael Hayden testified on Capitol Hill today, and was to explain why his agency destroyed interrogation videotapes. Among the questions he'll face is whether Congress was notified about the tapes' destruction. The chairman of the House panel, Rep. Silvestre Reyes, D-Texas, said Hayden's assertion last week that lawmakers were informed "does not appear to be true."
The News Sentinel carried the AP story
Self-represented litigant decides to get a lawyer
A Dyer County man who represented himself in court was both praised and cautioned by the judge after the man lost his case. Judge Lee Moore commended Kenneth Lee "Taz" Anderson for acting like a gentleman throughout the trial. "You conducted yourself well at the trial," Moore said. But he also told him he believed Anderson was making a mistake by representing himself, encouraging him to consider allowing a trained lawyer to handle the two cases still pending in Circuit Court. Afterward, that's exactly what Anderson did.
The State Gazette has the story
$40 million verdict won against Clear Channel
A Knoxville company won a $40 million judgment today against media and entertainment giant Clear Channel Communications Inc., the News Sentinel reports. A federal jury found that Clear Channel breached its contract with what was then known as Eonstreams Inc. by failing to adopt the Knoxville company's ad-placement system for Clear Channel's online radio streams.
Follow the story
Good advice for associates
Being a new associate can be tough, so read these Top 10 things to help you in your new practice.
Law.com carried this Texas Lawyer story
Disciplinary Actions
Buchanan attorney reinstated
Victoria Leora DiBonaventura has been reinstated to the practice of law in Tennessee after complying with requirements for continuing legal education.
View all attorneys suspended and reinstated for 2006 CLE violations
TBA Member Services
Discounts from Office Depot
Are you saving yet? Sign up for the TBA-Office Depot Program and begin saving. TBA Members receive significant discounts on office supplies from Office Depot.
Find out more

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

TBALink HomeContact UsPageFinderWhat's NewHelp
 
 
© Copyright 2007 Tennessee Bar Association