Learn how to avoid legal malpractice claims Legal malpractice claims are growing more common and insurance coverage is becoming more expensive and difficult to obtain. This 3-hour seminar will discuss current legal developments in the area of legal malpractice, common (but often avoidable) mistakes by lawyers and ethical issues implicated by legal malpractice claims. https://www.tba.org/onsiteinfo/legalmal_2005.html    TODAY'S OPINIONS: Tuesday, November 22, 2005 Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion. 00 - TN Supreme Court 00 - TN Worker's Comp Appeals 00 - TN Supreme Court - Rules 02 - TN Court of Appeals 02 - TN Court of Criminal Appeals 01 - 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 WALTER BAILEY, ET AL. v. COUNTY OF SHELBY, ET AL. WITH DISSENTING OPINION Court: TCA Attorneys: Allan J. Wade, Lori Hackleman Patterson and Brandy S. Parrish, Memphis, Tennessee, for theappellants, Walter Bailey, Julian Bolton and Cleo Kirk. Leo Bearman, Jr., Jason A. Strain, Memphis, Tennessee, for the appellees, County of Shelby,Shelby County Election Commission, Gregory M. Duckett, Richard L. Holden, Nancye E. Hines, O. C.Pleasant, Jr., and Maura Black Sullivan. Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, andAnn Louise Vix, Senior Counsel, for the Intervenor, State of Tennessee. Judge: FARMER This appeal from a declaratory judgment action requires us to determine whether term limitsimposed on Shelby County Commissioners by the 1994 amendments to the Shelby County Charter, Article II, section 2.03(G), are permissible under Tennessee Code Annotated § 5-1-210and, if so, whether § 5-1-210 is unconstitutional under the Tennessee Constitution, Article VII, Section 1. We hold that term limits are permitted as “qualifications” under Tennessee CodeAnnotated § 5-1-210(4). We further hold that Tennessee Code Annotated § 5-1-210(4), insofar as it permits county charters to prescribe the qualifications of members of the county legislativebody, is void as unconstitutional under Article VII, Section 1, of the Tennessee Constitution. We accordingly vacate the judgment of the trial court, award summary judgment toPlaintiffs/Appellants, and enjoin enforcement of section 2.03(G) of the Shelby County Charter. http://www.tba2.org/tba_files/TCA/2005/baileyw112205.pdf DISSENTING OPINION http://www.tba2.org/tba_files/TCA/2005/baileyw_dis112205.pdf EDWARD L. ELLIS, JR. v. JOHN W. BACON, M.D. Court: TCA Attorneys: Edward L. Ellis, Nashville, Tennessee, pro se. Parks T. Chastain, Scott T. Foster, Nashville, Tennessee, for the appellee, John W. Bacon, M.D. Judge: CAIN The unsuccessful plaintiff brings this appeal from the trial court’s summary judgment dismissinghis malpractice claim. Because the plaintiff did not respond to the defendant’s properly supported Motion for Summary Judgment, we affirm. http://www.tba2.org/tba_files/TCA/2005/ellise112205.pdf DARRELL E. BRADDOCK v. STATE OF TENNESSEE Court: TCCA Attorneys: Darrell E. Braddock, pro se. Paul G. Summers, Attorney General & Reporter; Sophia S. Lee, Assistant Attorney General, for the appellee, the State of Tennessee. Judge: WILLIAMS The Petitioner, Darrell E. Braddock, appeals the lower court’s denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to allege any ground that would render the judgment of conviction void. Accordingly, we affirm the trial court’s dismissal. http://www.tba2.org/tba_files/TCCA/2005/braddock112205.pdf MARK STEVEN PARKER v. STATE OF TENNESSEE Court: TCCA Attorneys: Mark Steven Parker, pro se. Paul G. Summers, Attorney General & Reporter; Brian C. Johnson, Assistant Attorney General, for the appellee, the State of Tennessee. Judge: WILLIAMS The Petitioner, Mark Steven Parker, appeals the lower court’s denial of his petition for postconviction relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petition was filed outside the applicable statute of limitation and is, therefore, time-barred. Accordingly, we affirm the trial court’s dismissal. http://www.tba2.org/tba_files/TCCA/2005/parkerm112205.pdf Applicability of Certain State Statutes to Housing Authorities TN Attorney General Opinions Date: 2005-11-21 Opinion Number: 05-170 http://www.tba2.org/tba_files/AG/2005/op170.pdf   PLEASE FORWARD THIS E-MAIL! Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address. GET A FULL-TEXT COPY OF AN OPINION! See the instructions at the beginning of this edition of Opinion Flash. JOIN THE TENNESSEE BAR ASSOCIATION! While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink. To join the TBA go to: http://www.tba.org/join_bar.mgi SUBSCRIBE TO OPINION FLASH! Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version. Visit the TBALink web site at: http://www.tba2.org/op_flash.php UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! But if you must, visit the TBALink web site at: http://www.tba2.org/op_flash.php TBALink Home • Contact Us • PageFinder • What's New • Help © Copyright 2005 Tennessee Bar Association