TAM-BYTES

September 5, 2016
Vol. 19, No. 36
TAM Webinars
FDCPA: Critical Changes and Current Developments, 60-minute
webinar presented by Ned Hildebrand, with Dunham Hildebrand in
Nashville, on Thursday, October 13, at 2 p.m. (Central), 3 p.m. (Eastern).
*Earn 1 hour of GENERAL credit
Slip & Fall Cases in Tennessee: Gathering Evidence, Trial Tactics, and
Using Experts, 90-minute webinar presented by Bryan Moseley, with
Moseley & Moseley in Murfreesboro, on Thursday, October 20, at 2 p.m.
(Central), 3 p.m. (Eastern).
*Earn 1.5 hours of GENERAL credit
Attorneys Civil Rights Update: Excessive Force, Unlawful Arrest, and
More, 90-minute audio conference presented by Bryan Moseley, with
Moseley & Moseley in Murfreesboro, on Tuesday, November 1, at 2 p.m.
(Central), 3 p.m. (Eastern).
*Earn 1.5 hours of GENERAL credit

TAM On-Site Events

Family Law Conference for Tennessee Practitioners
WHEN: Thursday & Friday, October 6-7 (tomorrow & Friday)
Thursday & Friday, December 1-2
WHERE: Nashville Nashville School of Law
CLE: Earn up to 15 hours of CLE (12 GENERAL and 3 DUAL)
OCTOBER FACULTY: Sandy Garrett, Chief Disciplinary Counsel, Board of
Professional Responsibility; Barry Gold, McWilliams & Gold, Chattanooga; James
(Jimmy) D. Helton, II, Helton Law Office, Brentwood; Judge Jeff Hollingsworth,
circuit court, Hamilton County; Stanley A. Kweller, Jackson, Kweller, McKinney,
Hayes, Lewis & Garrett, Nashville; Brent Lankford, Stites & Harbison PLLC,
Nashville; Jeff Levy, Nashville attorney; Sean J. Martin, Martin Heller Potempa &

Sheppard, Nashville; Chancellor Larry McMillan, chancery court, 19th Judicial District
(Montgomery and Robertson counties); Marlene Moses, MTR Family Law, PLLC,
Nashville; Kevin Shepherd, Maryville attorney; Judge Keith Siskin, circuit court, 16th
Judicial District (Cannon and Rutherford counties); Greg Smith, Stites & Harbison
PLLC, Nashville; and Judge Thomas Wright, circuit court, 3rd Judicial District (Greene,
Hamblen, Hancock, and Hawkins counties)

DECEMBER FACULTY: Amy J. Amundsen, Rice, Amundsen & Caperton PLLC,

Memphis; Judge Joe Binkley, circuit court, Davidson County; Judge Robert L. Childers,
circuit court, Shelby County; J. Todd Faulkner, Law Office of J. Todd Faulkner,
Nashville; Barry Gold, McWilliams & Gold, Chattanooga; James (Jimmy) D. Helton, II,
Helton Law Office, Brentwood; Candi Henry, Dodson Parker Behm & Capparella PC,
Nashville; Sean J. Martin, Martin Heller Potempa & Sheppard, Nashville; Judge Phillip
Robinson, circuit court, Davidson County; Kevin Shepherd, Maryville attorney; Greg
Smith, Stites & Harbison PLLC, Nashville; Eileen Burkhalter Smith, Disciplinary
Counsel, Board of Professional Responsibility; and Judge Joseph Woodruff, circuit court,
21st Judicial District (Hickman, Lewis, Perry, and Williamson counties).

HIGHLIGHTS: Protecting a clients separate assets; dividing marital property;

technology for the family law practitioner; retirement plans and QDROs; practical tips
from judges across the state; spousal/child support awarding, modifying, or
terminating; e-discovery and social media in divorce; child custody, visitation, and
relocation; contract law for family lawyers; civil and criminal contempt in family matters;
case law/legislative update; ethics and professionalism in family law practice; and
attorneys ethical use of social media.

For more information or to register call us at (800) 274-6774 or visit

www.mleesmith.com/family-law-2016
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Tennessee Real Estate Law Conference

WHEN: Friday, October 14
WHERE: Nashville Nashville School of Law
CLE: Earn up to 7.5 hours of CLE (6.5 GENERAL and 1 DUAL)
FACULTY: T. Kevin Bruce, Hagler Bruce & Turner, Memphis; Griffin Dunham,
Dunham Hildebrand, Nashville; Matthew Ellis, Batson Nolan, Clarksville; Pete Ezell,
Baker, Donelson, Bearman, Caldwell & Berkowitz, Nashville; David Wilson Long,
Long, Ragsdale & Waters, Knoxville; Kirk Moser, Old Republic National Title
Insurance Company, Nashville; Scott Thomas, Bass, Berry & Sims, Nashville; and Wes
Turner, Gullett Sanford, Robinson & Martin, Nashville.

HIGHLIGHTS: Special considerations for commercial and investment transactions,

including 1031 exchanges; opinion letters in real estate transactions; hot topics in title

insurance; TILA-RESPA issues, including new requirements and necessary information;

the effect of bankruptcy on commercial and residential real estate; environmental issues
in real estate transactions; ethical considerations in real estate law; and real estate case
law/legislative update.

For more information or to register call us at (800) 274-6774 or visit

www.mleesmith.com/tn-real-estate-2016
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Probate & Estate Planning Conference for Tennessee Attorneys

WHEN: Thursday & Friday, October 20-21
Thursday & Friday, December 8-9
WHERE: Nashville Nashville School of Law
CLE: Earn up to 15 hours of CLE (12 GENERAL and 3 DUAL)
OCTOBER FACULTY: William (Will) Bell, Jr., Rainey, Kizer, Reviere & Bell
PLC, Jackson; Rebecca Blair, The Blair Law Firm, Brentwood; David Callahan,
Goodman Callahan & Blackstone, PLLC, Nashville; Michael W. Dale, Harvill Ross
Hogan and Ragland, Clarksville; Harlan Dodson, Dodson, Parker, Behm & Capparella
P.C., Nashville; Donald J. Farinato, Hodges, Doughty & Carson, PLLC, Knoxville;
Glen Kyle, Monica Franklin & Associates, LLC, Knoxville; Carla Lovell, Sherrard Roe
Voight & Harbison, PLC, Nashville; Barbara Boone McGinnis, Elder Law Practice of
Timothy L. Takacs, Hendersonville; Hunter R. Mobley, Howard Mobley Hayes &
Gontarek, PLLC, Nashville; Jeff Mobley, Howard Mobley Hayes & Gontarek, PLLC,
Nashville; Julie Travis Moss, The Blair Law Firm, Brentwood; Michelle Poss, Sobel,
Poss & Moore, Nashville; and M. Matthew Thornton, Bourland, Heflin, Alvarez, Minor
& Matthews, PLC, Memphis.

DECEMBER FACULTY: William (Will) Bell, Jr., Rainey, Kizer, Reviere & Bell
PLC, Jackson; Rebecca Blair, The Blair Law Firm, Brentwood; David Callahan,
Goodman Callahan & Blackstone, PLLC, Nashville; Harlan Dodson, Dodson, Parker,
Behm & Capparella P.C., Nashville; Donald J. Farinato, Hodges, Doughty & Carson,
PLLC, Knoxville; Glen Kyle, Monica Franklin & Associates, LLC, Knoxville; Ralph
Levy, Jr., Dickinson Wright PLLC, Nashville; Carla Lovell, Sherrard Roe Voight &
Harbison, PLC, Nashville; Hunter R. Mobley, Howard Mobley Hayes & Gontarek,
PLLC, Nashville; Jeff Mobley, Howard Mobley Hayes & Gontarek, PLLC, Nashville;
Julie Travis Moss, The Blair Law Firm, Brentwood; Michelle Poss, Sobel, Poss &
Moore, Nashville; Timothy L. Takacs, CELA, Elder Law Practice of Timothy L.
Takacs, Hendersonville; and M. Matthew Thornton, Bourland, Heflin, Alvarez, Minor
& Matthews, PLC, Memphis.

HIGHLIGHTS: Use of various trusts as estate planning tools; tips for drafting wills
in 2016; trust drafting tips with samples; duties and liabilities of fiduciaries; structuring
marital agreements to deal with estate planning issues; what to look for in reviewing

existing estate plans; business succession planning; qualifying for TennCare;

alternatives to full probate administration; planning for a clients long-term care; tips for
probating a will and administering estates; planning for digital assets; probate litigation
case law and legislative update; ethical issues facing trust and estate planning attorneys;
and ethics in elder care.

For more information or to register call us at (800) 274-6774 or visit

www.mleesmith.com/probate
************************************************************

Tennessee Workers Comp Conference

WHEN: November 9, 10, & 11
Wednesday afternoon, Thursday (all day), & Friday (morning),
WHERE: Franklin Embassy SuitesNashville South/Cool Springs
CLE: Earn up to 15 hours of CLE (14 GENERAL and 1 DUAL)
On Thursday, attendees may choose to attend a track designed for attorneys or one
designed for employers and others or you may mix the tracks to better serve your
needs. You get an interactive program, including panel discussions the speakers
welcome your questions and feedback.

FACULTY: WORKERS COMP JUDGES: Judge Tim Conner; Judge Pamela

Johnson; and Chief Judge Ken Switzer. TENNESSEE BUREAU OF WORKERS
COMPENSATION: Troy Haley; Brian Holmes; and Robert B. Snyder, M.D.
WORKERS COMP/EMPLOYMENT LAW ATTORNEYS: Mary Dee Allen, Wimberly
Lawson Wright Daves & Jones PLLC; Fred Baker, Wimberly Lawson Wright Daves &
Jones PLLC ; Leslie Bishop, Lewis, Thomason, King, Krieg, & Waldrop, P.C.; Kitty
Boyte, Constangy, Brooks, Smith & Prophete, LLP; Adrienne B. Fazio, Manier &
Herod; T. Joseph Lynch, III, Wimberly Lawson Wright Daves & Jones PLLC;
Marshall McClarnon, Ponce Law; Stacie D. Miller, Arnett, Draper & Hagood, LLP;
Jessica Housch Silinsky, Carr Allison; and Kenneth D. Veit, Leitner, Williams, Dooley
& Napolitan PLLC. EMPLOYMENT LAW ATTORNEY: Greg Grisham, Ford &
Harrison LLP. OTHERS: Dr. Jeffrey Hazlewood, Board Certified in Physical Medicine
and Rehabilitation, subspecialty Board Certification in Pain Medicine and Dawn TrojanRandle, Claim Specialist at Brentwood Services.

HIGHLIGHTS: Youll hear from Chief Judge Ken Switzer and Judge Pam
Johnson, with the Court of Workers Compensation Claims, as well as Judges Tim
Conner and Marshall Davidson of the Workers Compensation Appeals Board; youll
gain insight on causation issues under the new law from a panel of attorneys and
physicians, hear about when it is appropriate to terminate an employee who has filed a
workers comp claim, and receive a comparison of how workers comp injuries are
resolved under the old (pre-July 1, 2014) versus the new (post-July 1, 2014) law;
youll get an update on the latest rulings from the Workers Compensation Appeals

Panels, the Workers Compensation Appeals Board, and the Court of Workers
Compensation Claims; youll hear from Bureau of Workers Compensation
representatives on the employer penalty process, Drug Formulary, pain management
rules, and the ombudsman/mediation program; and youll also get up to date on
complex issues, such as Medicare set-asides, handling disputes over an employees
future medical benefits, new pain management rules, hot topics from the plaintiffs
perspective, and ethical issues arising under the new law.

For more information or to register call us at (800) 274-6774 or visit

www.mleesmith.com/tn-workers-comp
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Law Conference for Tennessee Practitioners

WHEN: Thursday & Friday, November 17-18
WHERE: Nashville Nashville School of Law
CLE: Earn up to 15 hours of CLE (12 GENERAL and 3 DUAL)
FACULTY: Judge Frank Clement, Court of Appeals, Middle Section; Judge
Thomas R. Frierson, II, Court of Appeals, Eastern Section; Judge W. Neil Thomas,
III, Circuit Court, Hamilton County; Chancellor Ellen Hobbs Lyle, Chancery Court,
Davidson County; Brandon Bass, Law Offices of John Day, PC; Harlan Dodson,
Dodson, Parker, Behm & Capparella, PC; Sandy Garrett, Chief Disciplinary Counsel,
Board of Professional Responsibility; John J. Hollins, Jr., Thompson Burton PLLC;
Helen Rogers, Rogers, Kamm & Shea; Kara E. Shea, Butler Snow LLP; Tom Shaw,
Assistant General Counsel, Corrections Corporation of America; W. Russell Taber, III,
Riley Warnock & Jacobson, PLC; Wesley D. Turner, Gullett Sanford Robinson &
Martin PLLC; Chris Vrettos, Gideon, Cooper & Essary PLC; and Clifford Wilson,
Howard Tate Sowell Wilson Leathers & Johnson, PLLC.

HIGHLIGHTS: Get an overview from Chancellor Ellen Hobbs Lyle about the
practice and procedures in the states new business court; get up to date on the latest
developments in the areas of personal injury, family law, and real estate; get practice
pointers from Hamilton County Circuit Judge Neil Thomas on oral and written skills to
use in filing and presenting various pretrial motions; learn the ins and outs of appellate
practice and procedure and the deferential abuse of discretion standard of review from
Court of Appeals Judge Frank Clement; get tips and strategies on advising your clients
about the time overtime procedure, which is set to take effect on December 1; learn how
to use websites and social media to promote yourself and your law practice; get an
insiders perspective from the Chief Disciplinary Counsel on the Boards recent
developments; gain insight from Court of Appeals Judge Thomas Frierson on accepting,
terminating, or declining representation.

IN THIS WEEKS TAM-Bytes

Supreme Court rules second paragraph of commercial lease,
which followed paragraph clearly indicating that parties agreed that
individual would be personally responsible for tenants obligations,
was effective to bind individual;
Workers Comp Appeals Board says that once interlocutory appeal is
properly perfected, statute does not restrict Appeals Board to
considering only issues identified by appealing party in notice of
appeal, but allows consideration of issues specified and argued by
party as long as issue was properly presented and decided below;
Court of Appeals affirms award of $250,000 in case in which plaintiff,
who fell and hit head, had to change career path and continued to
suffer from debilitating migraines; and
Court of Criminal Appeals, in murder case, says trial court did not
abuse discretion by admitting incriminating text messages sent by
defendant to his cousin, without admitting messages cousin sent in
response.

SUPREME COURT
COMMERCIAL LAW: Second paragraph of commercial lease, which
followed paragraph clearly indicating that parties agreed that individual would
be personally responsible for tenant's obligations, was effective to bind
individual; to presume that individual's second signature was in representative
capacity, where it is undisputed that his first signature was in same capacity,
would be to presume that second signature is nullity. MLG Enterprises LLC
v. Johnson, 9/2/16, Nashville, Bivins, unanimous, 11 pages.
http://www.tncourts.gov/sites/default/files/mlgenterprisesopn.pdf

GOVERNMENT: Term of Chief Justice of Tennessee Supreme Court is

extended to four years from one year. In re Adoption of Amendments to
Supreme Court Rule 32, 8/30/16, Nashville, 2 pages.
http://www.tba.org/sites/default/files/tsc_rule32_083016.pdf

WORKERS COMP APPEALS BOARD

WORKERS COMPENSATION: Employer did not establish that it did
not know and could not have known of potential idiopathic injury defense at
time Dispute Certification Notice (DCN) was issued and, hence, was

precluded from raising defense at expedited hearing, but employer is not

precluded from seeking to amend DCN prior to final compensation hearing
to add defenses; without resolving issue of what constitutes valid electronic
signature, mere typed notation which purports to be physicians initials at
end of medical record is not sufficient, standing alone, to comply with Rule
0800-20-21-.16(6)(b); if employee seeks to take advantage of presumption
of medical necessity for utilization review purposes as described in TCA 506-124(h) and Rule 0800-02-25-.03(2), then employee has initial burden of
proving that recommended treatment explicitly follows the treatment
guidelines or that it is reasonably derived therefrom as required in statute
and rule; once employee has met initial burden, burden shifts to employer to
offer clear and convincing evidence that treatment erroneously applies the
guidelines or that it presents an unwarranted risk to the injured worker;
statutory scheme for appeals of interlocutory orders contemplates that appeal
may be perfected by timely filing of notice of appeal by any party, and
parties may present briefs or position statements specifying the issues
presented for review; once appeal is properly perfected, statute does not
restrict Appeals Board to considering only issues identified by appealing
party in notice of appeal, but allows consideration of issues specified and
argued by party as long as issue was properly presented and decided below.
Morgan v. Macys, 8/31/16, Conner, concurrence by Hensley, 29 pages.
http://trace.tennessee.edu/cgi/viewcontent.cgi?article=1524&context=utk_workerscomp
http://trace.tennessee.edu/cgi/viewcontent.cgi?article=1479&context=utk_workerscomp

COURT OF APPEALS
DAMAGES: In case in which plaintiff, customer in defendant store,
attempted to stand from toilet, lost his balance, causing him to grab handrail,
handrail pulled away from wall, causing plaintiff to fall and hit his head, jury
returned verdict against defendant and awarded damages of $350,000, and
trial court entered judgment for $250,000, amount requested by plaintiff,
amount of damages awarded by jury as reduced was supported by material
evidence when testimony presented established that plaintiff changed his
course of study and abandoned approximate 14-year career in field of
television and video production as result of accident and while he has
excelled in new field of employment, plaintiff continues to suffer from
debilitating migraines that require him to get out of the light and stay in
dark, cool space until pain subsides. Glasgow v. K-VA-T Food Stores Inc.,
8/31/16, Knoxville, McClarty, 5 pages.
http://www.tncourts.gov/sites/default/files/glasgowopn.pdf

COMMERCIAL LAW: In contract dispute over construction of

Fireworks Over America retail store in Blountville, contractor did not
violate Tennessee Contractors Licensing Act by entering into two
individual contracts, Building Contract and Site Contract, to avoid exceeding
its monetary licensing limit; trial court did not abuse discretion by declining
to find that contractor willfully and grossly exaggerated its lien claim; trial
court did not err by finding that builder violated Prompt Pay Act (PPA) by
offering to release retainage to contractor predicated upon condition of final
lien release that would have deprived contractor of tis right to pursue funds it
was owed for work competed outside scope of Site Contract as PPA requires
that retainage be paid to contractor within 90 days of substantial completion
of work or owners beginning to use improvement contracted for regardless
of any contractual provisions allowing owner to reasonably withhold sum;
trial court properly found that $3,000-per-day fine provided for in TCA 6634-103(e) is not remedy available in civil action under PPA; provision of
PPA allowing award of reasonable attorney fees upon finding of bad faith
also provides for award of reasonable attorney fees on appeal, provided
appellant has requested such fees in appellate pleadings. Beacon4 LLC v. I
& L Investments LLC, 8/30/16, Knoxville, Frierson, 73 pages.
http://www.tncourts.gov/sites/default/files/beacon4_opinion_final.pdf

COMMERCIAL LAW: In dispute regarding financing and leasing of

commercial building, alleged Loan Guaranty Agreement was barred by
statute of frauds; oral agreement involving transfer of interest in land,
including leasehold interest greater than one year, cannot escape bar of
statute of frauds based on partial performance doctrine. Smith v. Hi-Speed
Inc., 8/30/16, Jackson, Goldin, 33 pages.
http://www.tncourts.gov/sites/default/files/smithpeggyopn.pdf

PROPERTY: In landowners suit against Metropolitan Government of

Nashville (Metro) on theories of inverse condemnation, detrimental reliance,
and negligence to recover for damages to his home which occurred as result
of landslides on his property, proof did not support finding that Metros
action in clearing ditch caused damage, constituted continuing physical
invasion, or rose to level of destruction of landowners property such as to
constitute taking for purposes of inverse condemnation; there was no
competent proof of diminution in value upon which to base award of
compensation under inverse condemnation theory; property description in
landowners deed stating that landowners property line runs with the
margin of Tyne Boulevard, upon which he relies, is not sufficient to
establish that Metro owns property at issue, and hence, evidence
preponderated against trial courts determination that Metro owns property;

Metro has only right-of-way. Branham v. Metropolitan Government of

Nashville, 8/30/16, Nashville, Dinkins, 16 pages.
http://www.tncourts.gov/sites/default/files/branham.john_.opn_.pdf

PROPERTY: In case in which city sold property at delinquent tax sale,

unbeknownst to those involved in tax sale, property had earlier been sold at
foreclosure sale conducted by holder of deed of trust on property, after
dispute arose between Scott, who had bought property from successor to
purchaser at foreclosure sale, and Ditto, who bought property at tax sale,
Scott filed suit to quiet title, and Ditto filed counterclaim, trial court erred in
granting Scott summary judgment based on determination that she was bona
fide purchaser without notice of tax sale to Ditto and that she had recorded
her deed first; Ditto has identified genuine issue of material fact regarding
whether Scott had notice of his interest to preclude her status as bona fide
purchaser, and trier of fact could reasonably conclude that, since Scott
provided county trustees website printout to Ditto, she had actual
knowledge that Ditto was listed as owner of property on 12/23/10, well
before she purchased it on 4/20/11. Scott v. Ditto, 8/31/16, Knoxville,
Susano, 12 pages.
http://www.tncourts.gov/sites/default/files/scott_v_ditto.pdf

FAMILY LAW: Evidence did not preponderate against trial courts

determination that father was willfully underemployed for child support
purposes when trial court found that father, who is well-educated and has
history of employment at high-paying positions in field of journalism, was
capable of earning $2,600 per month, father was receiving Social Security
retirement benefit of $1,126 per month in addition to his income from parttime employment of approximately $800 per month, and father failed to prove
that he was physically disabled or otherwise unable to maintain full-time
employment; trial court correctly determined that fathers $107,000
inheritance received from his uncle should be considered as income for child
support purposes. Wadhwani v. White, 8/31/16, Nashville, Frierson, 30 pages.
http://www.tncourts.gov/sites/default/files/white.peter_.opn_.pdf

CIVIL PROCEDURE: When plaintiff filed first products liability complaint

on 1/5/09, nonsuited suit on 3/28/13, filed second case within one year of first
voluntary nonsuit, filed notice of nonsuit as to second case on 4/23/14, and
filed third complaint on 3/27/15, Tennessee saving statute does not operate to
save plaintiffs third suit because her third refiling was filed outside one year
saving period and after statute of limitation had expired. Greenwood v.
National Dentext Corp., 8/30/16, Jackson, Armstrong, 7 pages.
http://www.tncourts.gov/sites/default/files/greenwoodchristineopn.pdf

COURT OF CRIMINAL APPEALS

CRIMINAL LAW: In first degree murder case, trial court properly denied
defendants motion to suppress his statement to police that he had shot his
father when defendant was not in custody at time he made statement
defendant went to sheriffs office of his own accord, he agreed to talk to
authorities, he was allowed to go to restroom unaccompanied, he was made
aware that he was free to leave at any time, exit doors were unlocked from
inside, and he was not subject to coercive or overbearing interrogation
techniques and because defendant was not subject to custodial
interrogation, Miranda requirements did not apply; trial judge properly
denied defendants motion for mistrial after expert in psychology testified
that, in his opinion, shooting was not accidental when, although jury was
given experts opinion regarding whether defendant acted intentionally, and
this testimony, which was solicited by state, was in contravention of pretrial
order regarding admissibility of evidence, trial court provided curative
instructions and instructed jury to disregard testimony and stated that answer
would be stricken from record, and although statement went to one of
ultimate issues which jury was tasked with deciding, it was brief statement
in lengthy trial, and another of defendants experts later presented contrary
personal opinion, i.e., that defendants account of gun firing by accident
appeared to have a ring of genuineness. State v. Self, 8/29/16, Knoxville,
Williams, partial dissent by Montgomery, 97 pages.
http://www.tncourts.gov/sites/default/files/selfethan.opn_.final_.pdf
http://www.tncourts.gov/sites/default/files/selfethandis.pdf

CRIMINAL PROCEDURE: In first degree murder case, trial court did not
abuse discretion by admitting incriminating text messages sent by defendant
to his cousin (Lewis), without admitting messages Lewis sent in response,
when consideration of Lewiss text messages was unnecessary to place
admitted proof into context or to explain admitted proof jury did not need
to see entire text exchange in order to ensure fair and impartial
understanding of proof and was, therefore, not misled by hearing only
defendants text messages read aloud. State v. Bond, 8/31/16, Nashville,
Wedemeyer, 28 pages.
http://www.tncourts.gov/sites/default/files/bondrkopn.pdf

CRIMINAL PROCEDURE: In DUI case, form affidavit of complaint did

not conform to requirements of arrest warrant and could not substitute for
valid arrest warrant; signing of affidavit of complaint before notary public
rather than qualified judicial officer does not satisfy applicable procedural

requirements; because affidavit of complaint is necessary prerequisite for

valid arrest warrant, any arrest warrant issued pursuant to invalid affidavit of
complaint would also be invalid; because state failed to commence
prosecution against defendant within applicable one-year statute of
limitation, defendants DUI conviction is reversed, and charge is dismissed.
State v. Floyd, 8/31/16, Knoxville, Thomas, 3 pages.
http://www.tncourts.gov/sites/default/files/floydjerryopn.pdf

CRIMINAL PROCEDURE: Post-conviction court erred in dismissing

petition for post-conviction relief based on lack of jurisdiction as
petitioner, who was still on probation at time he filed petition, met
technical requirements of being in custody. Floyd v. State, 8/30/16,
Jackson, Glenn, 3 pages.
http://www.tncourts.gov/sites/default/files/floydjosephopn_0.pdf

SIXTH CIRCUIT COURT OF APPEALS

CRIMINAL PROCEDURE: District court properly denied district courts
denial of motion to suppress wiretap evidence when controlled buys clearly
supported conclusion that defendant Juanzell Jenkins was engaged in drug
trafficking, affidavit provided further support for theory that his distribution
activities were part of larger operation, and affidavit of Hixson, member of
police department assigned to task force, sufficiently described available
methods of investigation and demonstrated that each method, having been
considered, was either unsuccessful or too risky; defendants did not refute
Hixsons testimony about investigators compliance with minimization
requirement at suppression hearing. United States v. Jenkins, 9/2/16, White,
19 pages, N/Pub.
http://www.opn.ca6.uscourts.gov/opinions.pdf/16a0517n-06.pdf

COURT OF WORKERS COMPENSATION CLAIMS

WORKERS COMPENSATION: When employee alleged insect or spider
must have bittern him while he was on road driving for employer and that
bite caused cellulitis in his left lower extremity, employee failed to provide
sufficient medical evidence to establish causation by preponderance of
evidence; even if proof linked employees cellulitis to insect bite, there was
insufficient evidence to establish that bite primarily arose out of and in
course and scope of employment with employer when only evidence was
that employee began experiencing symptoms and first noticed mark on his

leg when he woke up at motel while working out of state. Harper v. USF
Holland Trucking Co., 4/22/16, Cookeville, Durham, 10 pages.
http://trace.tennessee.edu/cgi/viewcontent.cgi?article=1397&context=utk_workerscomp

WORKERS COMPENSATION: When employee sustained

psychological injury, diagnosed as PTSD, which resulted from witnessing
explosion at work, employer provided employee panel of three psychologists
for treatment from which employee chose Dr. Cooper, employer provided
authorized psychological treatment with Cooper for over one year, employee
accepted this authorized treatment, Cooper continues to treat employee and
has not recommended referral to psychiatrist, and employer subsequently
provided employee panel of psychiatrists, employee is not required to select
treating psychiatrist from panel provided by employer. Williams v. PMC
Biogenex Inc., 4/19/16, Memphis, Umsted, 10 pages.
http://trace.tennessee.edu/cgi/viewcontent.cgi?article=1393&context=utk_workerscomp

CIVIL PROCEDURE: Claim is dismissed because employee failed to

prosecute case and displayed no current intention to engage in this litigation;
employees repeated failure to attend teleconferences and motion hearings,
and his refusal to participate in court-ordered mediation indicates desire to
cease prosecution of this case. Moore v. BF Nashville, 4/21/16, Nashville,
Baker, 7 pages.
http://trace.tennessee.edu/cgi/viewcontent.cgi?article=1395&context=utk_workerscomp

If you would like a copy of the full text of any of these opinions, simply
click on the link provided or, if no link is provided, you may respond to
this e-mail or call us at (615) 661-0248 in order to request a copy. You
may also view and download the full text of any state appellate court
decision by accessing the states web site by clicking here:
http://www.tncourts.gov