Conder, Pride and Tatum on short list for court vacancy

The Judicial Nominating Commission today recommended three candidates to Gov. Bill Haslam for the vacancy in the 26th Judicial District. The opening was created by the appointment of Roger A. Page to the Court of Criminal Appeals. Selected today were Dale Conder Jr., with Rainey, Kizer, Reviere & Bell PLC of Jackson; Nathan Pride, a sole practitioner in Jackson; and Lloyd Tatum, who is in private practice in Chester.

The Administrative Office of the Courts has more

TODAY'S OPINIONS
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ROCHELLE M. EVANS v. FORD MOTOR COMPANY

Court: TWCA

Attorneys:

Rochelle M. Evans, Clarksville, Tennessee, pro se.

Sarah H. Reisner and Michael L. Haynie, Nashville, Tennessee, for the appellant, Ford Motor Company.

Judge: KURTZ

The employee sought reconsideration of her workers' compensation settlement. The trial court found that she had voluntarily resigned and was therefore not eligible to receive reconsideration. The employee has appealed. We affirm the trial court's judgment.

http://www.tba2.org/tba_files/TSC_WCP/2012/evansr_021012.pdf


MOHAMUD HIRSI MOHAMED v. TAXI USA OF TENNESSEE, LLC d/b/a ALLIED CAR COMPANY ET AL.

Court: TWCA

Attorneys:

Michelle B. Owens, Nashville, Tennessee, for the appellant, Mohamud Hirsi Mohamed.

Vanessa R. Comerford, Franklin, Tennessee, and Margaret R.T. Myers, Nashville, Tennessee, for the appellees, Taxi USA of Tennessee, LLC d/b/a Allied Car Company and Travelers Indemnity Company of America.

Judge: HARRIS

In this case, the plaintiff, a taxi driver injured in a motor vehicle accident, sought workers' compensation benefits from the taxi company that he alleged employed him. The trial court held that he was an independent contractor and dismissed the complaint. The plaintiff appealed. We affirm the judgment.

http://www.tba2.org/tba_files/TSC_WCP/2012/mohamedm_021012.pdf


JAMES E. SANDERS v. LODGENET INTERACTIVE CORPORATION ET AL

Court: TWCA

Attorneys:

William M. Billips, Nashville, Tennessee, for the appellants, Lodgenet Interactive Corporation and CNA Insurance Company.

Stanley A. Davis, Nashville, Tennessee, for the appellee, James E. Sanders.

Judge: HARRIS

In this workers' compensation action, the employee alleged that he sustained compensable injuries to his neck and lower back as a result of a March 29, 2007 automobile accident. His employer denied that the employee had any permanent impairment or disability due to the accident. The employer sought an evaluation through the Medical Impairment Registry, but the doctor selected for the evaluation declined to assess impairment because he did not find the employee to be at maximum medical improvement. The employer sought a continuance of the previously-scheduled trial. The trial court denied that motion. The trial court ruled for the employee and awarded disability benefits. On appeal, the employer argues that the trial court erred by denying its motion to continue and by awarding permanent disability benefits. We affirm the judgment.

http://www.tba2.org/tba_files/TSC_WCP/2012/sandersj_021012.pdf


LEON DICKSON, SR. v. SIDNEY H. KRIGER, M.D.

Court: TCA

Attorneys:

Robert L. Green and Darryl D. Gresham, Memphis, Tennessee, for the appellant, Leon Dickson, Sr.

David M. Cook and Virginia P. Bozeman, Memphis, Tennessee, for the appellee, Sidney H. Kriger, M.D.

Judge: FARMER

This appeal arises from injuries Plaintiff sustained after undergoing laser corrective eye surgery. Plaintiff filed a complaint against Defendant alleging medical negligence. Subsequently, Defendant filed an amended answer alleging, inter alia, the affirmative defense of comparative fault. Plaintiff filed a motion to strike portions of Defendant's amended answer, and following a hearing on the motion, Defendant agreed to the entry of a consent order waiving the defense of comparative fault. Thereafter, Plaintiff filed motions in limine to preclude the testimony of two of Defendant's experts. Plaintiff argued that, because Defendant waived comparative fault, he could not use the causation testimony of the two experts to shift blame away from himself unless he first plead comparative fault under Rule 8.03 of the Tennessee Rules of Civil Procedure. The trial court denied both motions. We granted permission for interlocutory appeal. We affirm in part, reverse in part, and remand for further proceedings.

http://www.tba2.org/tba_files/TCA/2012/dicksonl_021012.pdf


IN RE ESTATE OF MARSHAL SAN MIGUEL

Court: TCA

Attorneys:

Michael San Miguel, New Orleans, Louisiana, Pro Se.

Gerald L. Gulley, Jr., Knoxville, Tennessee, for the appellee, Nicholas Brandon San Miguel.

Judge: MCCLARTY

Michael San Miguel ("Claimant") filed a claim against his brother's estate, Marshal San Miguel ("Decedent"), alleging that Decedent was responsible for expenses and mortgage payments relating to their jointly-owned Louisiana property. Decedent's son, Nicholas Brandon San Miguel ("Beneficiary"), filed an exception to the claim. The clerk and master disallowed the claim. Claimant objected to the clerk and master's report, and the trial court precluded recovery. Claimant appeals. We reverse the court's preclusion of recovery of the mortgage payments and expenses and conclude that Claimant is entitled to reimbursement for the mortgage payments submitted on behalf of Decedent and a portion of the expenses incurred on behalf of the property. We affirm the court's decision in all other respects.

http://www.tba2.org/tba_files/TCA/2012/miguelm_021012.pdf


STATE OF TENNESSEE v. STEVEN LARRY KILGORE, JR.

Court: TCCA

Attorneys:

W.B. Mitchell Carter, Jr., Chattanooga, Tennessee, for the appellant, Steven Larry Kilgore, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; William H. Cox, District Attorney General; and Brian Finlay, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The appellant, Steven Larry Kilgore, Jr., pled nolo contendere in the Hamilton County Criminal Court to misdemeanor theft of property and received a sentence of eleven months, twenty-nine days to be served on probation. As part of the plea agreement, the appellant reserved a certified question of law as to whether the police had reasonable suspicion to seize and detain him and whether the subsequent, non-consensual search of his car and seizure of evidence was illegal. Based upon the oral arguments, the record, and the parties' briefs, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2012/kilgores_021012.pdf


MICHAEL SMYTHE v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Michael Smythe, Clifton, Tennessee, pro se.

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; Charles Frank Crawford, Jr., District Attorney General; and Michael D. Randles, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The pro se petitioner, Michael Smythe, appeals the Bedford County Circuit Court's summary dismissal of his petition for post-conviction relief filed 14 years after the entry of his guilty-pleaded convictions of aggravated robbery and aggravated assault for which he received sentences of 17 years' and 6 years' incarceration. Discerning no error, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2012/smythem_021012.pdf


JEROME WILLIAMS v. CHERRY LINDAMOOD, WARDEN

Court: TCCA

Attorneys:

Jerome Williams, Clifton, Tennessee, pro se.

Robert E. Cooper, Jr., Attorney General and Reporter; and Mark A. Fulks, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The petitioner, Jerome Williams, appeals the Wayne County Circuit Court's summary dismissal of his petition for writ of habeas corpus. In this appeal, the petitioner claims entitlement to habeas corpus relief on the basis that the trial court was without jurisdiction to enter his 1986 conviction of aggravated rape because the indictment failed to allege an offense. Discerning no error, we affirm the judgment of the habeas corpus court.

http://www.tba2.org/tba_files/TCCA/2012/williamsj_021012.pdf


IN RE JAMES L. RATHER, BPR 019722

Court: TSC-Disciplinary_Order

Judge: KOCH

Disbarment

http://www.tba2.org/tba_files/TSC/2012/ratherj_021012.pdf

TODAY'S NEWS

Passages
Legal News
General Assembly News
Election 2012
Disciplinary Actions
TBA Member Services

Passages
Trailblazing former Vanderbilt Law prof dies following stroke
Retired Vanderbilt Law School professor Robert Belton died Thursday after suffering a stroke. He was 76. A nationally recognized scholar of labor and employment and civil rights law, Belton joined Vanderbilt's law faculty in 1975 and became the first African American to be granted tenure at Vanderbilt Law School. He was a popular and beloved teacher and mentor who particularly enjoyed working with students interested in social justice. He played an important role in mentoring minority law students, serving as faculty adviser to the Black Law Students Association and working with other African American faculty on equality issues at Vanderbilt.
Read more from Vanderbilt University
Legal News
Old reels of James Earl Ray trial found
Nine newly found film reels may document the jailing and trial of James Earl Ray, the man who pleaded guilty to assassinating civil rights leader Martin Luther King Jr. The reels, discovered last spring in an old credenza at the Criminal Justice Center in downtown Memphis, may contain three hours of footage about Ray's incarceration and trial, Shelby County register Tom Leatherwood says, or they may have deteriorated beyond use.
The Jackson Sun carried this AP story
New York firm headed to Nashville
New York-based Pillsbury Winthrop Shaw Pittman is close to finalizing a deal to occupy the Ragland Building at 300 Second Ave. S. in downtown Nashville.
The Nashville Business Journal has more
Editorial: Put civics back in Tennessee's classrooms
On the heels of former U.S. Supreme Court Justice Sandra Day O'Connor's visit to Murfreesboro this week, the Daily News Journal writes in an editorial that civics classes should be put back into Tennessee's -- and America's -- classrooms. O'Connor had pointed out in her speech that half of the states, including Tennessee, don't require civics before a student graduates. She urged the numerous Tennessee politicians in attendance to follow in her home state of Arizona's footsteps and reintroduce civics into classrooms.
Read the editorial
Memphis students gear up for 'alternative' spring break
Memphis Area Legal Services has partnered with students at the University of Memphis School of Law on its Alternative Spring Break project during the week of March 6. During that week, teams of students will be sent to senior centers, churches, libraries and other locations to assist senior citizens by preparing and executing various advance directives. Volunteer attorneys, paralegals and notary publics are needed to go with the teams on each day. Individuals who would like to volunteer, suggest a clinic location or get more information, should contact Linda Warren Seely.

Moncier sues BPR for $2 million
In one of two suits he filed this week, Knoxville lawyer Herbert Moncier is asking for $2 million in a suit against the Tennessee Board of Professional Responsibility. He alleges it conspired to violate his state constitutional rights. Moncier's dispute with state officials have their roots in two disciplinary actions taken against him by BPR Chief Disciplinary Counsel Nancy Jones, one in 2008 and the other in 2009. Jones said the actions followed complaints filed by two judges against Moncier for ethical and conduct violations in their courtrooms.
Read more in NashvillePost.com
Mississippi high court reviews Barbour pardons
Mississippi Supreme Court justices heard more than three hours of arguments Thursday over whether the state's former governor, Haley Barbour, properly pardoned some 200 prisoners before he left office. At issue is whether a constitutional provision requiring 30 days advance notice of their release is required.
The Commercial Appeal has the story
TV cameras in Supreme Court?
By an 11-7 vote on Thursday, the Senate Judiciary Committee approved a bill that calls for television access to U.S. Supreme Court proceedings.
The Blog of Legal Times looks into it
General Assembly News
Proposed changes to Court of Judiciary delayed
Sen. Mae Beavers' proposal, which would replace the current Court of Judiciary with a panel that has more non-lawyers on it, has been delayed. "There's a lot of work to be done yet," she said. "We're not happy with the amendments that we have." The bill comes before the House Judiciary Committee next week and is tentatively scheduled for the Senate floor again in two weeks.
WLPN reports
Election 2012
Race for Knox law director heats up
About 210 attorneys have endorsed Knox County Law Director Joe Jarret for the March 6 Republican primary, the News Sentinel reports. With no Democratic challenger, Jarret faces former county Commissioner Richard "Bud" Armstrong. In January, Metro Pulse said Jarret "has the knowledge and experience to do the best job."

Learn more about the 21st District candidates
The Williamson County Herald profiles candidates Mike Binkley, Judy Oxford and Derek K. Smith, who are running for the 21st District Circuit Court seat.
Read about them
Disciplinary Actions
Six lawyers reinstated after administrative suspension
Six Tennessee lawyers have been reinstated after being administratively suspended for failing to submit the 2011 registration fee and required IOLTA report, the 2010 registration fee, and the 2010 IOLTA report, as well failing to comply with CLE requirements in 2011 and 2009. See updated lists at the links above.

TBA Member Services
The Bar Plan is TBA's endorsed insurer
The Tennessee Bar Association endorses only The Bar Plan Mutual Insurance Company for lawyers' professional liability insurance. For 26 years, The Bar Plan has specialized in providing malpractice insurance to lawyers and therefore understands the needs and challenges you face as a practicing attorney. Contact Mark Bockius by email or phone at (314) 288-1050 to ask how your practice can be protected by The Bar Plan.


 
 
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About this publication: Today's News is a compilation of digests of news reports of interest to Tennessee lawyers compiled by TBA staff, links to digested press releases, and occasional stories about the TBA and other activities written by the TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.

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