Chattanooga Bar Assoc. honors its dearly departed

Volume 99 | No. # 

Single Copy 50¢ 

CHATTANOOGA, HAMILTON COUNTY, TENNESSEE 

50 YEARS AGO 

What was going on in 

Chattanooga in 1962? 

Saturday, March 10 

Plans for Bowling Green 

Broadcasters of Bowling 

Green, Ky., to purchase 

WDOD Broadcasting were 

announced ursday, and 

are subject to approval by 

the Federal Communications 

Commission. 

Some 235 practicing 

attorneys of Chattanooga 

endorsed Circuit Court Clerk 

Lucile Hixson and recommended 

that she be elected 

Democratic Nominee May 29 

for a full four-year term. Mrs. 

Hixson was appointed last 

September by Judges John 

T. Mahoney, Joe N. Hunter, 

James F. Morgan and David 

Tom Walker to succeed the 

late Mrs. Zelma Brading. 

She had served in the Circuit 

Court Clerk’s offi ce more 

than 20 years. 

Sunday, March 11 

George E. Rice, former executive 

director of the Augusta, 

Ga., and North Augusta, 

S.C., United Fund has been 

See 50 YEARS, page 9 

INSIDE 

UNDER ANALYSIS P5 

CHEAP SEATS P5 

CROSSWORD P6 

ARE WE THERE YET? P8 

VERDICTS & SETTLEMENTS P10 

FBI P10 

THE WEEK THAT WAS P11 

BUILDING PERMITS 

P15 

Friday, March 9, 2012 

Gourmet Guys food tasting 

gala to benefit Rotary Kidz 

By David Laprad 

HAMILTON COUNTY 

HERALD 

ree Chattanooga Rotary Clubs are 

teaming up to sponsor the 2012 Gourmet 

Guys Food Tasting Gala on March 24. e 

event will take place from 4 p.m. to 7 p.m. 

at the First Tennessee Pavilion. e entrance 

fee is $15 per person. Family tickets 

are available for $50, and kids under 10 will 

eat free. 

Gourmet Guys is a food-tasting gala 

pitting 60 to 90 chefs against each other in 

an amateur event. Attendees will be able to 

FORECLOSURES 

P9 & 15 

Norton sworn in as General Sessions judge 

The Honorable Clarence Shattuck swears in David Wilson Norton (left) as General Sessions Court 

judge. The ceremony took place March 6 at the Hamilton County Court House. Norton grew up in 

Red Bank, attended law school at Memphis State University, and began his general law practice in 

Chattanooga in 1977. Hamilton County hired him as an assistant county attorney in 1984. Norton 

was appointed to the bench as City Judge of Soddy Daisy in 1985, was elected in 1990, and reelected 

in 1998 and 2006. (He will be stepping down as he takes on the responsibilities of the new 

judgeship.) On the state level, the last four governors have appointed him to the Utility Management 

Review Board. Norton and his wife, Cathy, reside in Middle Valley, where they share fi ve 

children. They are members of Dallas Bay Baptist Church. Norton replaces the Honorable Robert 

Moon, Jr., who passed away unexpectedly in January 2012. (David Laprad) 

The presidents of the three Chattanooga Rotary Clubs teaming up to sponsor the 2012 Gourmet 

Guys Food Tasting Gala include, from L-R: Judge W. Neil Thomas III, president of the Chattanooga 

Downtown Rotary Club; attorney David Elliott, president of the Rotary Club of Chattanooga Hamilton 

Place; and David Sergeant, president of the Chattanooga Breakfast Rotary Club. (David Laprad) 

taste all kinds of appetizers, soups, sides, 

salads, entrees and desserts, and vote for 

their favorite chefs. 

e family-friendly event has several 

sponsorship opportunities ranging from 

$100 to $,5000. Proceeds from the event 

will be used to support initiatives for needy 

children locally and internationally. 

Examples of local Rotary Kidz projects 

include: providing computers, technology 

and books for kids at local elemen- 

See GOURMET GUYS, page 4 


PUBLIC NOTICES 

P9 & 15 

BILLY WEATHERS 

PROFILE P13 

Chattanooga Bar 

Assoc. honors its 

dearly departed 

Attorney Max Bahner eulogizes his good friend and 

colleague, William Crutchfi eld, Jr. (Photos by David 

Laprad) 

e Chattanooga Bar Association on March 5 

honored its members that passed away over the 

last year with a memorial service in the County 

Commission Room of the Hamilton County 

Courthouse. e Honorable Jacqueline Bolton 

presided over the sometimes moving, sometimes 

humorous proceeding. 

“We have a record number of judges and audiences 

members, and we’re happy to have you 

here,” she said. From her vantage point at the 

bench, Bolton could see that those who had come 

to pay their respects had fi lled every seat, lined 

the walls and packed the balcony. 

Chattanooga Bar Association President Robin 

Miller in her opening remarks thanked everyone 

for their support. “Since 1897, the CBA has 

recognized in some manner the members who 

passed away in the preceding year. is is always 

a bittersweet service. Amidst the continued 

mourning for a lost family member, friend, mentor, 

leader, or partner, we celebrate the memory 

of each one and are reminded of their signifi cant 

contributions,” Miller said of the venerable occasion. 

Following the invocation by the Reverend and 

Honorable Samuel Payne of St. Paul’s Episcopal 

Church, a series of speakers took turns at the 

podium reading a resolution into the record of 

the Court. Each speaker provided a short biography 

and highlights from life and career of the 

honorees. 

Nora McCarthy said of Wallace McRoy Davies, 

who passed away March 25, 2011, “Wally was a 

scholar and Virginia gentleman, a generous and 

kind mentor, a careful expert in the law and a 

good citizen. He was a credit to our profession. 

He will continue to be missed by those of us 

who were privileged to enjoy the pleasure of his 

company.” 

Speaking of long-time partner and friend William 

Crutchfi eld, Jr., who passed away April 30, 

See MEMORIAL, page 12

2 | Friday, March 9, 2012 Hamilton County Herald www.hamiltoncountyherald.com 

Ominous billboard warns men of unspecified health issues 

The billboard on Dayton Boulevard in Red Bank, Tenn., contains an ominous message: “This year, thousands of men will die from stubbornness.” The billboard 

was clearly designed to send men to the Internet to search for the reason for the alarming message, as the Web address at the bottom, AHRQ.gov, 

is hard to see when driving past the billboard. Even a visit to the site might leave most visitors scratching their heads, as the national billboard campaign 

is not featured on the main page. A little digging brings up www.ahrq.gov/healthymen/, a page that cites data about the surprising ways in which men are 

neglecting their health and the dire consequences. More than anything else, the campaign appears to be aimed at encouraging men to see their doctor, 

and then continue to see their doctor on a regular basis. The sign does get one’s attention, and its message, however inaccessible, is a good one. (David 

Laprad) 

5th Annual 

Palate 2 

Palette set 

for April 14 


e Craniofacial Foundation of 

America will host Palate 2 Palette 

on April 14. Palate 2 Palette is an 

evening dedicated to celebrating 

the arts in the historic Southside 

District. 

e event kicks off Saturday 

at 5 p.m. with the Gallery Stroll. 

Guests will stroll through the 

Southside Galleries viewing 

fi ne art while meeting featured 

artists and enjoying fi ne wine 

and cuisine at each location. In 

addition, a Youth Gallery Exhibit 

will feature art from high school 

students from Chattanooga and 

the surrounding areas. 

One of the most anticipated 

venues each year is the Living Art 

Gallery, which will be held at the 

Loose Cannon Studios. is year, 

the Living Art Gallery will feature 

Tracy Lee Stum, an internationally 

recognized street painter from 

Ventura, Calif., who specializes in 

interactive chalk art. 

After the stroll, guests are invited 

to Track 29 for the Bubbles 

& Sweets party, sponsored by 

Volkswagen Group of America, 

Gallery 1401 owner Sue Markley will open the doors of her new location at Warehouse Row for Palate 2 

Palette. Markley, pictured here at her current location at 1402 Williams Street, says she appreciates the 

opportunity to support the Craniofacial Foundation of America and to expose Chattanooga to the more than 

40 artists who hang in her gallery. During this year’s Gallery Stroll, Markley will host Slovenian artist Bruno 

Zupan. “He’s the crème de la crème of old impressionist painters that are still living. He’s in collections and 

museums around the world, so it will be wonderful to have an artist of that caliber represented in our city,” 

Markley says. (David Laprad) 

Chattanooga Operations. Attendees 

will enjoy champagne 

and desserts while listening to the 

sounds of Willie Kitchens and his 

band. 

Proceeds from the event benefi 

t the Craniofacial Foundation of 

America. e CFA is a non-profi t 

organization that supports the 

work of the Tennessee Craniofacial 

Center at Children’s Hospital 

at Erlanger and Erlanger Health 

Systems. e Foundation is 

dedicated to helping patients with 

facial deformities and is led by Dr. 

Larry Sargent. e CFA assists 

patients from across the United 

States and sponsors a mission trip 

called “Project Happy Faces.” 

For more information and to 

purchase tickets, visit www.p2pchattanooga.com. 

Get event updates 

by following Palate 2 Palette 

on Facebook and Twitter. 

HCH 

Hamilton County Herald 

98 years of Service 

(USPS 120 710) 

Published Weekly by 

Hamilton County Herald, Inc. 

Telephone 423-648-9841 

Fax 423-648-9844 

University Tower 

651 East 4th Street, Suite 100 

Chattanooga, TN 37403 

Don Bona 

Publisher 

Susanne Reed 

General Manager 

Jay Edwards 

Editor-In-Chief 

Karen Dunphy 

Production Manager 

David Laprad 

Assistant Editor 

Robin Hill 

Comptroller 

Melissa Miller 

Legal Notices 

Kay Bona 

Staff Writer 

Bobby Burton 

General Sales Manager 

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Authorized at 

Chattanooga, Tennessee 

Material published in the Hamilton County 

Herald is compiled at considerable expense 

and is for the sole and exclusive use of our 

subscribers. 

The contents of the Hamilton County 

Herald may not be republished, resold or reproduced 

in any manner, in whole or in part 

without the consent of the publisher. Any infringement 

may be subject to legal redress. 

The records contained in the Hamilton 

County Herald are taken from those fi led 

in the public record and do not necessarily 

refl ect the fi nancial standing of the parties 

involved. Care is taken to publish suits, judgements, 

other documents exactly as they appear 

in the public record. However, the Hamilton 

County Herald assumes no liability for 

errors or omissions. Persons who rely solely 

on these contents do so at their own risk. 

Any explanation of these items, as well 

as correction of any erroneous information, 

will be published upon timely notifi cation by 

proper correspondence. 


The editors are responsible for the 

writing and display of the news, 

data and features in this newspaper. 

If you have a question or 

suggestions, you may call during 

normal business hours. 

General manager: Susanne Reed 

423-648-9841 

fax: 423-648-9844 

gm@hamiltoncountyherald.com

www.hamiltoncountyherald.com Hamilton County Herald Friday, March 9, 2012 | 3 

CENTRAL 

TENNESSEE EVENT CALENDAR 

March 10 

Traffic Skills 101 

Outdoor Chattanooga will off er the League of American 

Bicyclists’ Traffi c Skills 101 course from 8:30 a.m. to 5 p.m. at 

Outdoor Chattanooga in Coolidge Park. Students will learn 

bicycle safety checks, fi xing a tire, lane positioning, on-bike skills 

and emergency maneuvers. Classroom instruction in the morning 

will be combined with parking lot drills and on-road training 

in the afternoon. Adults and children age 16 and older may 

attend. Cost is ten dollars. Pre-registration is required. Limit: 

10 students. Email or call Ruth ompson at 423-643-6889 to 

register or learn more. 

March 10 

Tellico River area cleanup day 

e Appalachian Chapter of Trout Unlimited is asking for 

help with the annual Tellico River Area Clean-up Day. Registration 

will begin at 8 a.m. at the Tellico Ranger District Offi ce. e 

fi rst 75 people to sign up will get a free event t-shirt. Bring your 

own gloves, water bottle, sturdy shoes and long pants, and wear 

bright clothing for safety. Trash pick-up and bags are provided. 

For more information, contact Steve Fry at 423-432-2210 or the 

Tellico Ranger Station at 423-253-8400. 

Through March 16 

Gain “A Sense of Place” 

e Jewish Cultural Center is hosting an exhibition of paintings, 

photographs and prints titled “A Sense of Place” at its 

gallery at 5461 North Terrace Road. Gallery hours are Mondays 

through ursdays from 9 a.m. to 5 p.m. and Fridays from 9 a.m. 

to 4 p.m. through March 16. 

March 17 

Community Garden Roundtable 

Hamilton County Master Gardeners will host the First Annual 

Community Garden Roundtable at 2009 Curtain Pole Road 

from 10 a.m. to noon. Activities will include a lunch-and-learn 

planning session during which participants will be able to share 

gardening experiences and develop ways to better support one 

another’s gardening eff orts. Door prizes will include garden 

seeds, cool weather seedlings, birdhouses, rain barrels, garden 

tools and more. e event is free. RSVP to jmauldin@chattfoodbank.org. 

March 17 

CSO String Quartet at Northgate Library 

Enjoy the music of the Chattanooga Symphony Orchestra 

String Quartet beginning at 11 a.m. at the Northgate branch of 

the Chattanooga Public Library, located at 278 Northgate Mall 

Drive. 

March 21 

2012 Small Business Awards Breakfast 

e Chattanooga Chamber of Commerce will present its 2012 

Small Business Awards from 8:30 a.m. – 10 a.m. at the Chattanooga 

Convention Center. Breakfast will be served. e fi nalists 

in the 1-20 employees category are A Silverware Aff air, Episode 

49 and Offi ce Furniture Warehouse; the fi nalists in the 21-50 

employees category are Allied Eye Associates, Chattanooga 

Business Machines and Hullco Exteriors (“Hey, buddy!”); the 

fi nalists in the 51-200 employees category are InfoSystems, Rock 

City and Ruby Falls; and the fi nalists in the nonprofi t category 

are Chattanooga Kids on the Block, Lifeline and McKamey Animal 

Center. To make your individual or corporate reservation, 

email events@chattanoogachamber.com or call 423-763-4366. 

e deadline for reservations is March 16. 

March 24 

Ready to Garden workshop 

Crabtree Farms will host the fi rst of two gardening workshops 

from 10 to noon. Topics will include soil preparation and testing, 

planning, fertilization, site selection, weed and pest control, 

and planning for the various gardening seasons. e cost for 

non-members is ten dollars. Crabtree Farms is located at 1000 

East 30th Street. e second workshop is scheduled to take 

place April 7. 

March 24 

Award-winning illustrator at the library 

Award-winning artist and illustrator Michael White will present 

an interactive family program beginning at 11 a.m. at the 

Chattanooga Public Library – Downtown. White is the illustrator 

of several children’s books, including “ e Library Dragon” 

and “ e Secret of Old Zeb.” e free program will include 

hands-on drawing techniques and step-by-step lessons on how 

to start your own book. 


Oral cancer survivor 

to host annual walk 

On April 28, people in the 

Greater Chattanooga Area will 

recognize Oral Cancer Awareness 

Month by bringing attention to 

a disease that has long needed 

a voice. e third Chattanooga 

Oral Cancer Awareness Walk 

is being organized by local oral 

cancer survivor, Jeanna Richelson. 

e annual event, which she 

spearheads, will feature free oral 

cancer screenings, prizes, a silent 

auction, refreshments, and a special 

appearance by Sweet Georgia 

Sound. Once again, the event 

will be emceed by Mrs. Tennessee 

International 2008 and 2010, 

Cydney Miller. All proceeds benefi 

t the Oral Cancer Foundation 

to raise awareness of the need for 

early detection and prevention. 

e two-mile walk will take 

place at FirstTennessee Pavilion 

in Chattanooga at 10 a.m., with 

registration beginning at 8:30 

a.m. To pre-register or sponsor 

a walker, visit the Events page of 

oralcancer.org or contact Jeanna 

Richelson at 423-894-9215. 

Approximately 37,000 people 

in the U.S. will be newly diagnosed 

with oral cancer in 2012, 

which includes mouth, tongue 

and throat cancer. When found 

early, there is an 80 to 90 percent 

survival rate. However, due to a 

lack of public awareness, the majority 

of cases are found as latestage 

cancers that can be killers. 

At the age of 36, Richelson, a 

non-smoker, was diagnosed with 

squamous cell carcinoma, a form 

of oral cancer. She embarked on 

an eight-and-a-half-year fi ght, 

during which the cancer returned 

several times. Jeanna endured 

chemotherapy, surgery, radiation 

and the painful placement of a 

tracheotomy and a feeding tube. 

Richelson is now dedicated 

to educating others on the importance 

of screenings, warning 

signs and the complex challenges 

of fi ghting oral cancer as 

a patient. 

Jeanna Richelson 

Professional Liability Insurance for 

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March is the new ‘Divorce Month’ 


For many years, January was 

widely considered “Divorce 

Month” by divorce attorneys who 

experienced a dramatic uptick in 

business immediately following 

the holiday season. But, according 

to a new analysis of divorce fi lings 

and searches for divorce-related 

information on the Internet, 

March is the true “Divorce 

Month.” 

According to FindLaw.com, 

searches for “divorce” and related 

phrases such as “family law” 

and “child custody” jumped 50 

percent – from just over 10,000 in 

December 2010 to nearly 16,000 

in January 2011, and continued to 

surge through March. 

Along these same lines, Find- 

Law.com analyzed divorce fi lings 

across the U.S. between 2008 

and 2011 with Westlaw, a legal 

research database. e analysis 

revealed that divorces spike in 

January, continue to rise and peak 

in late March. 

Mark Ohnstad, an attorney 

with Minneapolis law fi rm omsen 

Nybeck, says there may be 

several important factors as to 

According to a new analysis of divorce fi lings and searches for divorce-related information on the Internet, March is the 

true “Divorce Month.” (Photo provided) 

why January is such a key time of 

year for seeking divorce information. 

“While they’ve been thinking 

about divorce for some time, and 

taking steps such as obtaining 

marital counseling to save their 

marriage, many men and women 

may put off their decision to fi le 

to avoid additional stress during 

the holiday season,” says Ohnstad, 

who has more than 30 years of experience. 

“Couples with children 

may want to have one last holiday 

season together as a family.” 

For others, the stress of in- 

laws, money troubles and career 

challenges coupled with the 

pressures to “be happy” during 

the holidays leads some men and 

women to cheat on their spouses 

during this time. A study on 

holiday depression noted that of 

those who cheat on their spouses, 

56 percent of men and 42 percent 

of women do so during the holiday 

season, says leading marriage 

therapist Dr. Bonnie Eaker Weil, 

Ph.D., author of “Make Up, Don’t 

Break Up.” ese aff airs may 

trigger post-New Year’s divorce 

fi lings by spouses who discover 

the aff airs or by the cheating 

spouse who now wants to end the 

marriage. 

Another reason that many 

people delay divorce until after 

the holidays is related to income 

taxes, adds Ohnstad. Your marital 

status as of December 31 determines 

whether you’ll fi le a joint or 

an individual return for the prior 

year. 

If you’re considering fi ling for 

divorce, here are nine tips from 

FindLaw.com to consider: 

1. Can your marriage be 

saved? Divorce is expensive, and 

can have an emotional toll for you 

and your children that can last 

for years. Ask yourself if you’ve 

done everything possible to avoid 

divorce, including seeking marriage 

or mental health counseling 

for yourself as well as for you and 

your spouse. 

2. Have a plan. Become 

familiar with your state’s divorce 

laws. Some states have cooling-off 

periods that can last as long as six 

GOURMET GUYS Continued from page 1 

tary schools; “Warm Coats for 

Cool Kidz”; scholarships to the 

University of Tennessee at Chattanooga 

and Chattanooga State; 

donating and packing weekend 

backpacks of food for underprivileged 

children; hosting an 

annual holiday party for Children’s 

Home Chambliss Shelter; 

providing holiday gifts for underprivileged 

children; and donating 

infant car seats. 

Internationally, projects include 

months. You’ll need to fi gure out 

how you will begin the separation 

process, how you’ll keep your kids 

secure and safe and how you’ll get 

by fi nancially. 

3. Build a support network. 

Divorce is also hard on those 

close to you – your family and 

friends. So don’t rely on them 

alone to get you through this 

transition. Seek out support 

groups for divorced persons 

through a nearby church or other 

community organization. 

4. Save, save, save. Divorce 

is not cheap. Besides legal fees, 

you’ll need extra cash on hand 

to establish a new household. In 

addition, you should anticipate 

disagreements with your spouse 

about who pays what bills. 

5. Hire an experienced divorce 

attorney. Seek the assistance 

of an experienced divorce 

attorney for the expertise you 

need to protect your interests 

throughout the process. An experienced 

family law attorney can 

help you understand the best way 

to approach a divorce fi ling based 

on your state’s divorce laws. 

6. Protect your safety. Filing 

for a divorce can unleash powerful, 

angry and potentially violent 

feelings and reactions. Before you 

fi le, think about how your spouse 

may react, and make a plan to 

protect your safety and the safety 

of your children. If there is a history 

of violence in your family, act 

with extreme caution. 

7. Put your kids fi rst. It’s critical 

to reassure your children they 

are not at fault because mom and 

dad are divorcing. It’s also essential 

to make sure both parents tell 

the children that they’re loved. 

And as angry as you might be, it’s 

important not to badmouth your 

spouse in front of your children. 

8. Get your papers in order. 

Before you fi le, get all important 

papers in order, make copies and 

start a fi le. You should know the 

status of all fi nancial accounts 

and assets – checking and savings 

accounts, debts, the sources 

and amount of income entering 

the home each month, mortgage 

papers and proof of ownership of 

all other important assets. 

9. Take stock. Before you fi le, 

take an inventory of all personal 

and joint assets, including 

jewelry, family heirlooms and 

other personal items. It is not 

uncommon for personal items to 

suddenly “go missing” before a 

divorce is complete. 

funding clear water tank projects 

for children at schools in Mexico, 

delivering and installing water 

fi lters for children and families 

in Lima, Peru, constructing two 

children’s centers in Peru, providing 

water wells, sanitation and 

humanitarian relief for children 

in Haiti, and funding educational 

programs for children in Uganda. 

For more information, contact 

Paula Hurn at 423-718- 

9033 or paula@mckameyanimalcenter.org.


Mark Levison Charles Kramer 

Spencer Farris Lisa Henderson-Newlin 

What is the most important 

tool in the lawyer’s arsenal? Is it 

the suit? e favorite tie or scarf 

accessory? e cool sportscar or 

the beat up sedan? Is it the ability 

to speak clearly, to audiences 

of any level? Is it the ability to 

draft concisely worded letters, or 

obtusely complex documents? Is 

it the ability to smile in the face 

of disaster, or to rant when not 

actually upset? Is it to be part actor 

or actress and part teacher or 

parent? Or is it simply the ability 

to put two thoughts together and 

to focus on a concept, for better 

or for worse? 

It turns out this last, simple, 

off ering might be the answer. 

Forget about all the hoopla and 

fanfare. Forget about what makes 

a lawyer a “good” lawyer. Forget 

what makes learned counsel, 

well, “learned.” What is it that we 

absolutely NEED to simply be 

able to do what we do? I submit, 

dear reader, it is the ability 

to follow one thought onto the 

Mary Catherine Gentry v. 

Tagner H. Bailey, et al. 

Appeal by Permission from 

the Chancery Court for Hamilton 

County 

Case Number: E2011-01278- 

COA-R9-CV 

Authoring Judge: Judge 

Charles D. Susano, Jr. 

Originating Judge: Chancellor 

Jeff rey M. Atherton 

Date Filed: Monday, February 

27, 2012 

A jury awarded Mary Catherine 

Gentry (“the Plaintiff ”) 

compensatory damages of 

$80,000 against four defendants 

involved in the sale to her of a 

condominium. It also awarded 

punitive damages in the amount 

of $30,000 – $10,000 each against 

three of the four defendants. e 

defendants (collectively referred 

to herein as “the Defendants”) 

are Battery Place Condominiums, 

LLC, the owner of the complex 

(“the Owner”); Tagner H. Bailey, 

the builder of the complex (“the 

Builder”); Gina Sakich, the realtor 

who handled the transaction (“the 

Realtor”); and Realty Center of 

Chattanooga, Inc., the agency for 

which the Realtor worked (“the 

Agency”). Before the trial court 

entered judgment on the verdict, 

the Builder and the Owner 

renewed their motion for directed 

verdict. e trial court entered 

an order on March 10, 2010, that 

purports to (1) grant a directed 

verdict on the issue of punitive 

damages; (2) grant the motion for 

directed verdict on the issue of 

compensatory damages; (3) grant 

a new trial limited to compensatory 

damages; and (4) deny the 

motion for directed verdict as to 

The loss of the 

power of thought 

 

By Charles S. Kramer 

next, in simple, deliberate, linear 

fashion. 

Last week I woke up a little 

light headed, with a bit of a 

scratchy throat. inking little of 

it, I dressed, grabbed a coff ee and 

headed to the offi ce. Once there, 

I grabbed my fi les and headed to 

Court. I had two hearings scheduled 

back to back, so I’d asked an 

associate to handle my second 

matter, but was hoping to swing 

by anyway. e fi rst case involved 

discovery issues in a case 

that should have settled before it 

was ever fi led. I hate those. e 

lawyers for all sides arrived and 

we killed time chatting before 

eventually deciding it was better 

to work out our beefs than wait 

for the judge to arrive. Consent 

order drafted, I wandered down 

the hall to the second courtroom 

of the day. 

As I wandered down the 

hall, however, I began to feel 

less and less comfortable in my 

skin. I could hear myself breath- 

reasonable reliance. ereafter 

the chancellor who presided over 

the trial retired and a new chancellor 

was appointed. Numerous 

motions and hearings later, the 

new chancellor entered an order 

setting the case for trial; the order 

also modifi ed, pursuant to Tenn. 

R. Civ. P. 60.01, the fi rst chancellor’s 

March 10, 2010, order by deleting 

the earlier order’s grant of 

a directed verdict as to compensatory 

damages. e trial court 

later granted the Tenn. R. App. P. 

9 application of the Defendants 

and stayed all proceedings pending 

appeal. We likewise granted 

the Defendants’ request for an 

interlocutory appeal. Finding no 

error in the trial court’s judgment, 

we affi rm. 

Christa Goddard v. omas 

E. Goddard. 

Appeal from the Circuit 

Court for Hamilton County 


COA-R3-CV 



Originating Judge: Judge W. 

Neil omas 

Date Filed: Friday, February 

24, 2012 

is is a post-divorce case. 

omas E. Goddard (“Father”) 

appeals the trial court’s order 

granting Christa Goddard 

(“Mother”) permission to move 

to Florida with the parties’ minor 

child, Emma Elizabeth (DOB: July 

1, 2004)(“the Child”). Based upon 

fi nding that Mother was spending 

the greater amount of time 

with the Child, the court applied 

Tenn. Code Ann. § 36-6-108(d) 

(1)(2010). e court found that 

the proposed relocation (1) had 

ing as my chest shrunk to half 

its normal size. My neck began 

to tighten, and my skin grew 

warm. As I opened the courtroom 

door, my associate arrived. 

Seeing I had made it on time, he 

began to make leaving noises, 

but I stopped him in his tracks. 

Something told me it might me 

a good idea to have him make 

the argument anyway. Over the 

next fi ve minutes, the light in 

the courtroom seemed to dim 

and my sense of humor seemed 

to dissolve. I sucked it up, and 

Joe and I ventured in to see the 

judge together. Securing victory 

(always easier when the other 

side doesn’t show up), we talked 

about the next stages in the case, 

as we headed out the door. 

I realized Joe was looking 

at me with a diff erent kind of 

look, and when I asked if he’d 

like a ride back to the offi ce, he 

ventured that he would rather 

See UNDER ANALYSIS, page 10 

Tennessee Appellate Court Opinions 

a reasonable purpose, (2) posed 

no threat of specifi c and serious 

harm to the Child, and (3) was 

not motivated by a vindictive 

eff ort to defeat Father’s parenting 

rights. Father appeals. We affi rm. 

State of Tennessee v. Marcell 

Jermaine Marbury. 

Appeal from the Criminal 

Court for Hamilton County 


CCA-R3-CD 

Authoring Judge: Judge D. 

Kelly omas, Jr. 

Originating Judge: Judge 

Rebecca J. Stern 

Date Filed: Tuesday, February 

28, 2012 

In September 2006, the 

Defendant, Marcell Jermaine 

Marbury, pled guilty to voluntary 

manslaughter. He was sentenced 

as a Range I, standard off ender 

to six years and was placed on 

probation. Subsequently, the 

Defendant was transferred to 

enhanced probation. In February 

2011, a violation report was fi led, 

the fourth against the Defendant, 

citing violations of an arrest for a 

new off ense, failure to report, and 

possession of illegal drugs. Following 

a hearing, the trial court 

revoked the Defendant’s sentence 

of probation and ordered that 

he serve the remainder of his 

six-year sentence in the Department 

of Correction (“DOC”). On 

appeal, the Defendant challenges 

the trial court’s imposition of 

total incarceration. After a review 

of the record, we conclude that 

the trial court did not abuse its 

discretion and affi rm the judgment 

of the trial court. 

See COURT OPINIONS, page 11 

View from the 

Cheap Seats 

By William O. “Bill” James, Jr. 

WmJamesJr@aol.com 

The speed of time 

W 

hy is it that the older we get, the faster time seems to 

move? e summers of my youth were much longer than 

the summers I get now. e time between anksgiving 

and Christmas seemed to last an eternity, and now it goes by in 

the blink of an eye. Sometimes, it seems like as soon as I fi nish 

a weekly column, I have to start on the next one. Now that I am 

surely on downhill side of this journey, I need to fi nd a way to 

slow things down. 

I rarely, almost never, research something for this column. I 

made an exception and Googled the question about time speeding 

up. e one answer I found and read basically attributed the 

hyperspace through time on the simple fact that as we get older, 

we have less new experiences, and therefore, we don’t relish 

and/or commit the daily events of our lives to memory, and the 

world simply spins without us giving notice. I have accepted this 

answer as at least a partial explanation of life passing me by. 

I do love to go to new courthouses in strange towns to try 

cases. e adventure of trying a case in a town I have never 

been is always a good time and generally pretty memorable. 

New people and new places do make the memories of the trial 

much more vivid than if it was held in the familiar confi nes of 

Pulaski County. 

I often fi nd myself sitting in local courtrooms trying to remember 

the way it felt to be there the fi rst time. 

I also fi nd that I am often bogged down in a morass of endless 

traditions that I have created or joined during my life that 

have the eff ect of limiting the options I have to do something 

else at particular times of the year. For example, life would be 

a lot more exciting if I could come to grips with the idea that 

missing a Razorback football game is not the end of the world 

and sometimes there are other things to do than call the Hogs. I 

have missed many opportunities and adventures because of my 

adherence to a football schedule. 

Tying one’s life to football games is an obvious example, but 

my life is full of many things I do just because that is what I do, 

and rarely do I give a second thought to alternative choices. I 

think that makes everything run together, and sometimes the 

familiar nature of the experiences simply cause it to merge with 

similar prior events, and I cruise on through without really paying 

attention. Maybe it is all about paying attention. 

In many ways, living life is like watching a football game. 

Even if you don’t pay attention, the game goes on anyway. For 

some, knowing the score is enough; but to really enjoy life, you 

need to pay attention to the details. It is the little things that 

make life special. It is the little things that make life memorable. 

Take a deep breath and pay attention to your surroundings 

and those around you. When you come to a point where the 

road forks, don’t be afraid to go a way you have never gone before. 

e new experience might make all the diff erence. 

I suspect that none of this will really slow down my perception 

of time to the point of brining back the endless summers I 

experienced when I was young boy, but the freshness of new experiences 

will make the time that much better. Making the short 

time you have here in the game better is always a good thing, 

especially for those of us way up in the CHEAP SEATS! 

Bill James is a criminal defense attorney and co founder of the 

James Law Firm with offi ces in Little Rock, Conway, and Fayetteville, 

Arkansas. He may be contacted at Bill@JamesLaw.com. 

HCH 





The 

Hamilton County 

Herald 

is available for 

$15 a year. 

Call 

800-420-5103 now!


TDOT launches US 27 Project Web site 

The Tennessee Department of Transportation has launched a Web site to keep the public informed on the progress 

of the U.S. 27 reconstruction project in downtown Chattanooga. The project will widen a 1.62 mile section 

of U.S. 27 betwee Manufacturers Road and SR-8. The new site is located at www.tdot.state.tn.us/RebuildUS27/. It 

features project facts, contact information and a FAQ. The Web site will be updated with information on work that 

has been accomplished and work that lies ahead. The U.S. 27 project began late last year and is scheduled to be 

complete in October 2014. The project will make improvements for traffi c entering and exiting U.S. 27, including 

additional acceleration and deceleration lanes. The project also includes at least 30 retaining walls. (David 

Laprad) 

I Swear Crossword 

CLOSE By Victor Fleming 

Across 

1 “___ Network” (‘80s comedy 

series) 

5 Pooch on “Frasier” 

10 Israel’s first king 

14 “See you,” in Sorrento 

15 Draws closer to 

16 “So, what ___ is new?” 

17 Like a house you can see, 

perhaps 

20 Grange or Buttons 

21 Author of “The Clan of the 

Cave Bear” 

22 “I ___ you one” 

23 Frost said writing this was like 

“playing tennis without a net” 

26 Walking ___ (elated) 

30 Sammy with three 60-homer 

seasons 

31 Italian entree 

33 Armenia or Azerbaijan, once 

(abbr.) 

36 Skeptic’s remark 

37 Tiny Tim played one 

38 Like houses in your neighborhood, 

say 

42 Maple extract 

43 Shankar of sitar fame 

44 ___ pro nobis 

45 Ophthalmologist’s concern 

47 “My ___ are sealed” 

51 “It’s ___!” (“No problem!”) 

52 Jack of “A Few Good Men” 

57 2011 animated film that 

grossed almost $500 million 

worldwide 

59 Larger ___ life 

60 O.J. Simpson trial judge Lance 

61 Like a house you can’t see, perhaps 

66 Hostile parties 

67 Junk to get rid of, perhaps 

68 Big name in alternative magazines 

69 Things ___ (list heading) 

70 Tries to locate 

71 Small children 

Down 

1 Eats voraciously, with “down” 

2 “Imperium” character 

3 “Buenas ___” (“Good afternoon,” 

in Spanish) 

4 “Hinky Dinky Parlay ___” 

5 Follow in sequence 

6 Dissuade 

7 Roald and Arlene 

8 Angry feeling 

9 Predecessor of Exxon 

10 Venus’s sibling 

11 Amber brew 

12 Get mileage out of 

13 Suffix for book 

18 Word in some discount store 

names 

19 Like some hotels or generals 

24 Big ___ (NCAA conference) 

25 Island where Napoleon spent 42 

weeks in exile 

27 Water, in Madrid 

28 Like printers’ fingers 

29 “Norma ___” (Field film) 

32 Prefix for space 

34 Secure, as with a seat belt 

35 Lion sound 

36 “___ Ran the Zoo” (Dr. Seuss 

book) 

38 No votes 

39 Unseal 

40 Place for a turkey 

41 Side of a room 

42 Mariner’s milieu 

46 Famed opera tenor 

48 Has as a hobby 

49 Packing a punch 

50 Sleeper’s sounds 

53 “With this ring ___ wed” 

Victor Fleming’s puzzles have appeared in many publications, 

including the New York Times and Games Magazine. 

54 “Cash, ___ or credit card?” (quaint 

query) 

55 Untalented writers 

56 “Two Virgins” musician Yoko 

58 Betting info 

61 Rudder’s position 

62 Animal with a pouch, informally 

63 Brit. word reference 

64 Three, in Tuscany 

65 Unchanging grind 

Last week’s solution 

I 

Swear 

By Vic Fleming 

vicfl eming@att.net 

Crossword retraction 

and Dewey v. Truman 

The theme of the ursday, Jan. 5 New York Times crossword, 

which ran in syndication Feb. 9, was: 

14A “ at was funny!” GOODALL; 59A Jane who wrote “In 

the Shadow of Man” GOOD ONE; 24A Captivates ENTHRONES; 

47A Crowns ENTHRALLS; 3D Set up, as software IN STONE; 

41D Fixed INSTALL; 4D Schoolyard game T-BONE; 49D Certain 

steak T-BALL. 34A/21D Catchphrase that provides a hint to eight 

answers in this puzzle ALL FOR ONE, ONE FOR ALL. 

Get it? ONE and ALL are substituted for each other in words 

and phrases. Enter my friend Johnny, who writes of a “correction” 

in the Kansas City Star, reading “In the Feb. 9 New York Times 

crossword … the clues to 14 and 59 across [sic] were switched.” 

Johnny emailed the Star, explaining the theme to show “the 

clues were NOT switched.” If they had been, “then all six of the 

Down crossers would be wrong, unless you think a good answer 

to ‘Spirited’ is NIVELY.” 

e Star’s “readers’ representative” replied: “ e New York 

Times itself issued the correction. e answer to 14A is ‘good one’ 

and 59A is ‘Goodall,’ but those don’t fi t in the puzzle. ey work if 

switched, as today’s key indicates.” 

Johnny, who has a wry sense of humor, wrote back: “ is isn’t 

DEWEY DEFEATS TRUMAN, but the correction is incorrect. I 

doubt the Times issued a correction. If you have an answer grid 

that shows GOOD ONE for 14-A and GOODALL for 59-A, I’ll 

eat Truman’s hat.” President Harry Truman, known for wearing 

Panama hats, was from the area. 

e readers’ rep responded, “ ey got it wrong, and the correction 

was retracted in Saturday’s paper. I don’t appreciate your 

accusing me of lying. Please do not write me back.” 

e Times issued no correction; none was needed. Troubled by 

the rep’s last note to Johnny, though, I looked online and found his 

byline under a piece titled “Correcting the correction – NY Times 

crossword puzzle.” It reads: 

“For the second time … in my days as readers’ representative, 

I’ve … written a correction to a previous correction. …” He notes 

and quotes the correction that concluded “the clues to 14 and 

59 across [sic] were switched.” e reason for the correction, he 

writes, is that more than one person told him “the clues must have 

been switched” because 14A’s answer fi t 59A’s clue and vice versa. 

Oh, how little some know of ursday Times puzzles! 

“I checked with the syndicate who also looked into it [sic],” he 

continues. “Verdict: Yes, there was an error. So the correction ran. 

Not so fast, said several crossworders today, proving that my mind 

simply doesn’t operate on the same level as theirs. I’ll let one of 

them explain it: [explanation, from someone other than Johnny, 

omitted]. 

“So, yes, it now makes perfect sense, and it obviously tripped 

up several people. ‘[O]ur world has more serious problems to consider!’ 

wrote one of my emailers, and she’s right – but the record 

still needs to be set straight.” 

As a friend of mine often says, “Hmmmph!” 

Vic Fleming is a district court judge in Little Rock, Ark., where he 

also teaches at the William H. Bowen School of Law. Contact him 

at vicfl eming@att.net.


RIVER CITY ROUNDABOUT 


Living in Chattanooga, it can be easy to forget that the 

Tennessee Aquarium is here. at’s the tourist attraction! 

But the release of a new IMAX fi lm, “ e Last Reef 3D: 

Cities Beneath the Sea,” provides a good reason for locals 

to visit the entertainment hub at 1 Broad Street. 

“ e Last Reef 3D” is an underwater journey that 

brings the vivid world of coral reefs to life on the Aquarium’s 

massive IMAX screen. To explore habitats that are 

more colorful and diverse than most people probably realize, 

co-directors Luke Cresswell and Steve McNicholas 

asked underwater cinematographer DJ Roller to develop 

a new camera system that would dazzle audiences with 

stunning images. Once armed with a one-of-a-kind 

macro 3D camera rig, the fi lmmakers headed to the biologically 

diverse reefs near Palau, the Bahamas, Cancun 

and French Polynesia. 

“ e Last Reef 3D” immerses viewers in these communities 

under the sea and reveals the behavior and 

relationships of its countless denizens, including spotted 

dolphins, reef sharks and manta rays. Lesser-known 

but equally fascinating reef residents, such as crocodile 

fi sh, multi-hued nudibranchs and delicate Christmas tree 

worms, are shown in amazing detail. 

An amazing 

3D 

underwater 

journey 

Nudibranchs, tiny marine invertebrates, have the most vivid hues, amazing shapes and dazzling patterns of any creature in the world. (Photos provided) 

Audiences are surrounded by stingless jellyfi sh during this scene shot in Palau. 

A newly released giant screen adventure, “The Last Reef 3D: Cities Beneath The Sea,” is now showing at the Tennessee 

Aquarium IMAX 3D Theater. Revolutionary 3D macro photography was used to showcase an array of amazing sea creatures. 

Like cities, reefs possess a bustle of sea creatures that 

rivals mankind’s most populated regions, and outpace 

tropical rainforests in their wealth and variety of life. 

Illustrating how these undersea cities are like our own 

communities, many urban locations appear in “ e Last 

Reef 3D.” 

e movie primarily focuses on the ability of coral 

communities to provide shelter, protection and resources 

while sustaining the livelihood of marine creatures. 

Cresswell and McNicholas suggest these “alien” worlds 

are as vital to our existence as the rainforests. Unfortunately, 

coral reefs are at risk of being the fi rst ecosystem 

to be lost as a result of human activity. However, as the 

fi lm illustrates with a present-day visit to the reefs at 

the 1946 nuclear test site near Bikini Atoll in the South 

Pacifi c, if human impacts cease, reefs can recover and reclaim 

their former glory. 

Although some viewers will take issue with the environmental 

message in “ e Last Reef 3D,” the underwater 

photography is undeniably spectacular. A scene in which 

the camera moves through a cloud of stingless jellyfi sh 

as rays of sunlight dance in the surrounding waters is 

See RIVER CITY, page 8


Are We 

There Yet? 

By Jay Edwards 

jedwards@dailydata.com 

Watermelons and blood 

One of my friends I’ve known since college, Melanie McClure 

Gibson, recently posted a photo of her and some of her Pi Phi 

buddies from when we were in college, probably 1977-ish. It 

was a photo I keep returning to, and not just because of the Daisy 

Dukes. It brings back memories, all good now, even though if I 

think really hard, I can come up with a few not so pleasant ones – 

one of which happened early on, in my fi rst semester when I was 

a student in Yocum Hall. In those days, the boys stayed in Yocum 

and the girls next door in Humphries. 

Before I rehash the bad memory let me throw in a good one. It 

was at the beginning of college life – I don’t even think classes had 

begun yet, which, as my father constantly reminded me, “It’s why 

you’re up there.” Anyway, some of the girls from Humphries had 

set up some games between the two dorms, next to Brough Commons, 

with the intention of getting us all together. e games were 

a good idea but not really necessary. It was late August and they 

just had to make themselves visible in their anti-humidity attire 

(see previous comment on Daisy Dukes). 

So my friends and I (a contingent from Catholic High who 

never planned to get a haircut or wear a tie again) ventured out 

to participate in the events. A girl I knew from back home pulled 

me over to an area where they had some watermelons. e event 

was seed spitting, which I won, with a distance of over 22 feet. My 

prize was lots of attention, not a bad thing considering the attendees 

– and later a poster with my photo and some artwork about 

being the World Champion Watermelon Seed-Spitter. 

Five girls delivered it that evening and taped it on the wall next 

to my dorm door. While they were there we planned a party for 

that night, either because it was Tuesday or that the grass was 

green. I was liking college so far. 

So the party happened, with the only casualty being one of our 

CHS guys, who was never much of a drinker in high school. He 

tried to make up for it that night, and we spent some time with 

him later as he got acquainted with the bathroom facilities. As we 

walked him up to his room on the ninth fl oor, he turned to me, 

white as a sheet and asked, “What time do you want to get breakfast?” 

I pushed him through his door and told him he had four 

years and needed to pace himself. 

Seven weeks later, we were well into the college groove. It was 

Texas Week. ere had been a little bit of trouble between our 

guys and some other guys on our fl oor from Memphis, but up to 

that point, only words. 

After the game (an 18-24 loss to the hated burnt orange) we 

stepped off the elevator onto our dorm fl oor. It was Kathy and me, 

my roommate John, and his date, Ashley. Suddenly, two guys came 

out of a room toward us. One I recognized from our fl oor. He was 

one of those Memphis guys we hadn’t really hit it off with. e 

guy with him was bigger and menacing and stepped forward and 

uttered some insult. John moved toward him, which he was always 

willing to do. 

In a fl ash the stranger swung one of those fraternity paddles and 

caught John upside the head. en he hit him again and blood was 

everywhere. e girls screamed and other guy and I grabbed each 

other. We wrestled around, throwing mostly harmless haymakers. 

More guys joined the melee, for both sides, and soon it was chaos. 

Somehow we fought our way down six fl ights of stairs, to the 

lobby. I saw John, covered in blood, but giving it back to paddle 

boy, who we later found out was an ex-con from Memphis and the 

brother of the guy I was tangling with. 

It soon came to an end in the lobby at the insistence of about six 

of the Department of Public Safety’s fi nest. 

Days later there was a Judicial Board hearing, which my dad attended. 

at’s the bad memory I referred to earlier. 

e felon had disappeared. Some of our group was suspended 

and some, like me, were put on double-secret probation. We also 

had to move out of the dorm into an apartment off campus for the 

rest of the semester, where diff erent fraternities rushed us. Apparently 

they didn’t mind our checkered past. 

Looking back, between the two, I’d have to say I prefer seed 

spitting to fi st fi ghting. 

Four-legged friends getting help with 

‘Feed the Love’ food drive 

In this recovering economy, local food banks face the dual challenge of diminished contributions and an increased 

number of individuals in need of food not only for themselves but also for their pets. Through March 

27, the “Feed the Love” pet food drive will help those already receiving assistance from Chattanooga Area Food 

Bank to care for their pets as well. Pre-packed “Feed the Love” bags are now available for purchase at all BI-LO 

locations, and can be placed in specially marked donation carts at the entrances of the stores. Chattanooga Area 

Food Bank will pick them up and distribute them to needy households in the community. Each “Feed the Love” 

bag sells for fi ve dollars when purchased with the MY BI-LO BONUSCARD and contains a week’s worth of dry and 

canned packages of PAWS Premium, BI-LO’s own brand of cat and dog food. (Photo provided) 

RIVER CITY Continued from page 7 

unforgettable. As the camera 

closed in on a single jellyfi sh to 

provide an astonishing glimpse at 

its transparent body and sinuous 

movements, the lady sitting in 

front of me reached out to touch 

the creature. “ e Last Reef 3D” 

is that immersive. 

As for the message at the 

heart of the movie, Cresswell and 

McNicholas make a strong connection 

between the way we’re 

using our planet’s fossil fuels 

and the gradual disappearance 

of coral reefs around the world. 

While the narration is melodramatic 

in places, the co-directors 

reinforce their impassioned pleas 

for environmental reform with 

skillfully edited sequences that 

demonstrate the degree to which 

all living things on Earth depend 

on each other. 

For example, Cresswell and 

McNicholas start the movie by alternating 

between footage of coral 

reefs and large cities. As “ e 

Last Reef 3D” progresses, the cuts 

become more frequent until the 

two worlds collide in a haunting 

sequence that shows coral slowly 

covering the underwater remains 

of World War II weaponry. Cresswell 

and McNicholas then begin 

to urge better treatment of the 

reefs by showing statues of people 

submerged in dead reefs to encourage 

the coral to re-grow. e 

co-directors intend the images in 

the closing moments of the movie 

of children swimming through 

the colorful reefs of Palau to 

motivate change. For us to thrive, 

we must take better care of our 

world, and live in closer symbiosis 

with its many life forms. 

“Avatar” contained the same 

message, along with lots of explosions, 

but “ e Last Reef 3D” 

leaves a more lasting impression. 

I recommend seeing the movie 

both for its ideas and its ability to 

transport viewers to worlds unlike 

any they have seen. 

“ e Last Reef 3D” is suitable 

for all audiences and has a running 

time of 40 minutes. Email 

David Laprad at dlaprad@hamiltoncountyherald.com.


HAMILTON COUNTY PUBLIC NOTICES 

NON-RESIDENT NOTICE 

STATE OF TENNESSEE, 

COUNTY OF HAMILTON 

ROBYN ELAINE (S) PENN 

VS DOCKET NO. 12D456 

WILLIAM HENREY III PENN 

It appearing from allegations in Plaintiff’s Bill, which is sworn to, 

that the defendant is a non-resident of the State of Tennessee, so 

that the ordinary process of law cannot be served upon WILLIAM 

PENN III. 

IT IS ORDERED that publication be made for four successive 

weeks in the Hamilton County Herald, a newspaper published in 

Hamilton County, Tennessee, notifying said non-resident that unless 

WILLIAM PENN III answers and makes defense to said complaint 

in the offi ces of the Circuit Court Clerk of Hamilton County, Tennessee, 

within thirty (30) days after the fourth weekly publication of this 

order, the same will be taken as admitted by WILLIAM PENN III and 

the case will be set for hearing ex parte or without WILLIAM PENN 

III presence. 

This 27th day of February, 2012. 

PAULA T. THOMPSON, CIRCUIT COURT CLERK 

ATTORNEY FOR PLAINTIFF 

PRO SE 

HCH4T-3/9,3/16,3/23,3/30/12 




MARKETA LASHUNN CHEATON 


NICHOLAS ANTONIO CHEATON 



that the ordinary process of law cannot be served upon NICHOLAS 

CHEATON. 




NICHOLAS CHEATON answers and makes defense to said complaint 

in the offi ces of the Circuit Court Clerk of Hamilton County, 

Tennessee, within thirty (30) days after the fourth weekly publication 

of this order, the same will be taken as admitted by NICHOLAS 

CHEATON and the case will be set for hearing ex parte or without 

NICHOLAS CHEATON presence. 




RICHARD BRENT TEETER 

WILLARD BLDG #400 

615 LINDSAY ST 

CHATTANOOGA, TN 37403 

HCH4T-3/9,3/16,3/23,3/30/12 




STACEY MAIRE CALDORNI 


JOIDY JOSEPH PAUL CALDORNI 


that the defendant is a non-resident of the State of Tennessee, 

so that the ordinary process of law cannot be served upon JOIDY 

CALDORNI. 




JOIDY CALDORNI answers and makes defense to said complaint 



order, the same will be taken as admitted by JOIDY CALDORNI 

and the case will be set for hearing ex parte or without JOIDY 

CALDORNI presence. 








HCH4T-3/9,3/16,3/23,3/30/12 




TO ADOPT: IAN JONATHAN LUGO 

VS DOCKET NO. 12A112 

HANOI LUGO 

It appearing from allegations in Plaintiff’s Bill, which is sworn to, that 

the defendant is a non-resident of the State of Tennessee, so that 

50 YEARS AGO Continued from page 1 

named executive director of 

Chattanooga’s new Metropolitan 

Council for Community Services, 

eff ective April 1. E.Y. Chapin III, 

Council president, announced the 

appointment. 

Plans for construction of a 

$200,000 building on Amnicola 

Highway for Chattanooga Belting 

& Supply were announced 

Saturday by Warren J. Hardy, the 

company’s president. 

About 4,500 Girl Scouts, all 

in uniform, attended the Golden 

Day of Rededication at Memorial 

Auditorium Sunday, marking the 

50 th anniversary of the Girl Scouts 

U.S.A. DeSales Harrison was the 

principal speaker for the impressive 

occasion. 

the ordinary process of law cannot be served upon HANOI LUGO. 




HANOI LUGO answers and makes defense to said complaint in the 

offi ces of the Circuit Court Clerk of Hamilton County, Tennessee, 


order, the same will be taken as admitted by HANOI LUGO and 

the case will be set for hearing ex parte or without HANOI LUGO 

presence. 




KEVIN BLAIR WILSON 

2810 WALKER RD., STE. 102 


HCH4T-3/2,3/9,3/16,3/23/12 




MYSTICAL DAWN HOLBROOK MCGEE 


STEVE ALLEN MAYNOR 



that the ordinary process of law cannot be served upon STEVE 

MAYNOR. 




STEVE MAYNOR answers and makes defense to said complaint 


within thirty (30) days after the fourth weekly publication of 

this order, the same will be taken as admitted by STEVE MAYNOR 

and the case will be set for hearing ex parte or without STEVE 

MAYNOR presence. 






615 LINDSAY ST., CHATTANOOGA, TN 37403 

HCH4T-3/2,3/9,3/16,3/23/12 




HEATHER SUZANNE WILBANKS 


STEVE ALLEN WILBANKS 



that the ordinary process of law cannot be served upon STEVE 

WILBANKS. 




STEVE WILBANKS answers and makes defense to said complaint 



order, the same will be taken as admitted by STEVE WILBANKS 

and the case will be set for hearing ex parte or without STEVE 

WILBANKS presence. 






615 LINDSAY ST., CHATTANOOGA, TN 37403 

HCH4T-3/2,3/9,3/16,3/23/12 




LARRY ROBERTS 

VS DOCKET NO. 11C704 

SHELTER MUTUAL INSURANCE COMPANY 



the ordinary process of law cannot be served upon ELIZABETH P 

AUTEN. 




ELIZABETH P AUTEN answers and makes defense to said complaint 

in the offi ces of the Circuit Court Clerk of Hamilton County, 

Tennessee, within thirty (30) days after the fourth weekly publication 

of this order, the same will be taken as admitted by ELIZABETH 

P AUTEN and the case will be set for hearing ex parte or without 

Monday, March 12 

W.R. Senter, Sr., died Monday at 

the home of his son, W.R. Senter, 

Jr., in East Ridge, after a long 

illness. Mr. Senter, member of a 

well-known Chattanooga family, 

was with the Chattanooga Traffi c 

Bureau before going to the Big 

Four Mills at Ludlow, Ky., where 

he was employed for 17 years. 

County Councilman David M. 

Eldridge announced Sunday he is 

a candidate for re-election and will 

seek nomination to a third term in 

the Democratic Primary May 29. 

Tuesday, March 13 

Dr. Webster Pendergrass, dean 

of the College of Agriculture at the 

University of Tennessee, will be a 

guest speaker at the City Farmers 

Club on March 21 at the Hotel 

Patten. 

John R. Hill, president of the 

ELIZABETH P AUTEN presence. 

This 22nd day of February, 2012. 



ALFRED CHRISTIAN LANIER 

615 LINDSAY ST., STE. 150, CHATTANOOGA, TN 37403 

HCH4T-3/2,3/9,3/16,3/23/12 




CORIE JAYE CROWNOVER 


ROBERT ALLEN HIXSON 



that the ordinary process of law cannot be served upon ROBERT 

HIXSON. 




ROBERT HIXSON answers and makes defense to said complaint 



order, the same will be taken as admitted by ROBERT HIXSON 

and the case will be set for hearing ex parte or without ROBERT 

HIXSON presence. 








HCH4T-2/24,3/2,3/9,3/16/12 




THOMAS DAVID KINNEY 


RITA JOAN KINNEY 



the ordinary process of law cannot be served upon RITA KINNEY. 




RITA KINNEY answers and makes defense to said complaint in the 

offi ces of the Circuit Court Clerk of Hamilton County, Tennessee, 


order, the same will be taken as admitted by RITA KINNEY and 

the case will be set for hearing ex parte or without RITA KINNEY 

presence. 




AUTRY L JONES 

5726 MARLIN RD., STE. 513 


HCH4T-2/24,3/2,3/9,3/16/12 

STATE OF TENNESSEE 

ORDER OF PUBLICATION 

KIRKPATRICK WM DAVID DDS, PLAINTIFF 

Docket Number: 10GS12944 

DICKSON, SONJA M., DEFENDANT 

Date of This Order: February 10th, 2012 

Appearance Date: April 2nd, 2012 at 11:00 a.m. 

Appearance Address: Court of General Sessions, Civil Division, 

Room 111 Hamilton County City Courts Building, 600 Market Street, 

Chattanooga, TN 37402-1911 

It appearing from the record in this cause that the defendant is a 

non-resident of Tennessee, and certain property or money has been 

attached. 

One or more civil warrants have issued but returned unserved, 

and an attachment issued and was levied upon certain property or 

money. 

IT IS ORDERED that publication be made requiring the defendant 

to appear at the time and place stated above and defend this suit, 

or a judgment by default may be entered against him. This Order 

shall be published in a newspaper by this County as required by 

law. 

PAULA T. THOMPSON, CLERK OF GENERAL SESSIONS 


MAYFIELD AND LESTER 

PO BOX 789, CHATTANOOGA, TN 37402 

HCH4T-2/24,3/2,3/9,3/16/12 

STATE OF TENNESSEE 

Tennessee Hospital Service Association, 

has been appointed 

chairman of the 1962 Easter Seal 

Campaign in Chattanooga, Robert 

B. Williams, president of the local 

Society for Crippled Children and 

Adults, announced. e campaign 

begins March 15 and ends Easter 

Sunday, April 22. 

Wednesday, March 14 

Gordon T. Kellett, Chattanooga 

druggist, has resigned as a member 

of the city school board on account 

of pressing business matters, 

Commissioner Dean Petersen of 

the Health and Education Department 

announced Wednesday. 

irteen Chattanooga Chamber 

of Commerce leaders have made 

reservations for a trip to Jacksonville, 

Fla., March 23 to inspect that 

city’s progress and the work of its 

Chamber of Commerce. Heading 

ORDER OF PUBLICATION 

GREAT AMERICAN CASH ADVANCE, PLAINTIFF 

Docket Number: 10GS9475 

HINTON, TRACY DONELL, DEFENDANT 

Date of This Order: February 10th, 2012 

Appearance Date: April 2nd, 2012 at 11:00 a.m. 

Appearance Address: Court of General Sessions, Civil Division, 

Room 111 Hamilton County City Courts Building, 600 Market Street, 

Chattanooga, TN 37402-1911 

It appearing from the record in this cause that the defendant is a 

non-resident of Tennessee, and certain property or money has been 

attached. 

One or more civil warrants have issued but returned unserved, 

and an attachment issued and was levied upon certain property or 

money. 

IT IS ORDERED that publication be made requiring the defendant 

to appear at the time and place stated above and defend this suit, 

or a judgment by default may be entered against him. This Order 

shall be published in a newspaper by this County as required by 

law. 

PAULA T. THOMPSON, CLERK OF GENERAL SESSIONS 


MAYFIELD AND LESTER 

PO BOX 789, CHATTANOOGA, TN 37402 

HCH4T-2/24,3/2,3/9,3/16/12 




JENNIFER JEAN SADLER 


JAMES ADAM SADLER 



that the ordinary process of law cannot be served upon JAMES 

SADLER. 




JAMES SADLER answers and makes defense to said complaint in 

the offi ces of the Circuit Court Clerk of Hamilton County, Tennessee, 


order, the same will be taken as admitted by JAMES SADLER and 

the case will be set for hearing ex parte or without JAMES SADLER 

presence. 







HCH4T-2/17,2/24,3/2,3/9/12 




AMY LOUISE DARRELL 


TIMOTHY CLAY DARRELL 



that the ordinary process of law cannot be served upon TIMOTHY 

DARRELL. 




TIMOTHY DARRELL answers and makes defense to said complaint 



order, the same will be taken as admitted by TIMOTHY DARRELL 

and the case will be set for hearing ex parte or without TIMOTHY 

DARRELL presence. 






615 LINDSAY ST. 


HCH4T-2/17,2/24,3/2,3/9/12 

AVON 

the delegation will be Chamber 

President DeSales Harrison. 

Thursday, March 15 

e Chattanooga Board of 

Education Wednesday awarded a 

$1,938,630 contract for the construction 

of a new high school in 

North Chattanooga to T.U. Parks. 

e Board also approved a budget 

of $1,050,000 for the construction 

of a new junior high school in 

the Eastdale-Woodmore area on 

Shallowford Road and a budget of 

$110,000 for the construction of 

a 4,000-seat stadium at Brainerd 

High School. 

Members of the County Council 

Wednesday began conferring 

on the problem left by the 

resignation of County Manager 

A.L. Bender, who was named city 

commissioner of Public Works 

Tuesday to fi ll the vacancy created 

Representatives Needed 

in All Areas. 

Free Training! 

Call (423) 326-0363 

or go to www.startavon.com 

reference code melaniesmith 

by the death of Commissioner Pat 

Wilcox. e unexpected death 

Tuesday of J. Henry Millsaps county 

building commissioner created 

another vacancy. 

Friday, March 16 

e appointment of R. Carl 

Johnson as general agent here 

for REA Express was announced 

by Hugh McVay, division 

superintendent. Johnson 

will succeed A.O. Stubbs, who 

recently was transferred to 

Wilmington. N.C. 

e installation of Tennessee’s 

one millionth telephone 

in 1961 made this state one of 

four in Southern Bell territory 

to reach this milestone, according 

to the latest edition of the 

Southern Bell Annual Report, 

which has just been issued.


Family settles case over 

skydiving crash 

By Kelly Wiese 

e family of a man who died 

after he was paralyzed when a 

skydiving plane crashed settled 

a wrongful death case a few 

days before trial was to begin 

for more than $3 million, their 

attorney said. 

Steven Parrella was a cameraman 

aboard the plane to record 

other skydivers, explained his 

family’s attorney, Morry Cole, 

of Gray, Ritter & Graham in St. 

Louis. 

e plane crashed near Sullivan, 

about 70 miles southwest 

of St. Louis, after it experienced 

engine failure. Six of the eight 

people aboard died in the crash. 

Parrella suff ered extensive 

injuries, including paralysis. He 

committed suicide two years 

later because of those injuries, 

his lawyer argued, and his family 

continued with the case he 

initially fi led. 

Some other plaintiff s tried 

their claims against Doncasters 

Inc., an aftermarket parts dealer, 

in 2011. In that case, a jury heard 

that Doncasters used a substandard 

alloy to make the plane’s 

Last October, after a joint FBI- 

Ft. Lauderdale Police Department 

investigation, 13 individuals from 

a Florida timeshare resale company 

were charged in federal court 

in Miami in a massive telemarketing 

scheme to defraud timeshare 

blade. e jury then returned a 

$48 million verdict, including a 

sizable punitive award. 

After considering post-trial 

motions, a judge in the Delacroix 

v. Doncasters case in September 

threw out the punitive award, 

which accounted for $28 million 

of the total, but upheld the compensatory 

award. Both sides have 

appealed that ruling to the Eastern 

District Court of Appeals. 

e Parrella case had two 

main claims, Cole explained: one 

for medical expenses and care 

incurred from the time of the 

crash until the man died, and a 

second for wrongful death. 

“His death was caused by 

the physical and psychological 

injuries he suff ered in the crash,” 

Cole argued. 

Particularly helpful in resolving 

the case, he said, was a 

state Supreme Court ruling that 

came down last year, Kivland v. 

Columbia Orthopaedic Group, a 

few months before this case was 

set for trial. In that medical negligence 

case, plaintiff s pursued 

a wrongful death claim, alleging 

a man committed suicide 

after back surgery caused severe 

pain and paralysis. e state’s 

high court allowed the case to 

Many fraud victims are timeshare owners trying to sell their properties. 

UNDER ANALYSIS Cont. from page 5 

just walk the 10 blocks a bit to 

quickly. I would have been offended 

if I hadn’t been preoccupied 

by the chills that were now 

invading my essence. 

I got into my car to head to 

the offi ce, but suddenly realized 

driving might be a daunting task. 

Figuring it was now or never, 

however, I turned the ignition. 

Rather than heading to work, 

however, I headed back home. I 

fi gured a glass of Orange Juice, a 

owners who were trying to sell. 

e Federal Trade Commission 

then fi led a complaint against the 

defendants’ company – Timeshare 

Mega Media – to shut 

down its operations, which had 

allegedly bilked millions from 

couple hours sleep, and some Tylenol 

would dispatch the blackness 

from my sole. 

I was wrong. e chest 

congestion congealed. My 

head fogged up to a point 

where thought was impossible. 

oughts of working from home 

never got past the “where was I 

just going?” stage. Fever lead to 

sleep, which lead to mucinex, 

which lead to decongestants, 

which lead to antibiotics, which 

lead to antivirals, which lead to a 

long, dark tunnel of fog. 

Case Digest 

Verdicts and 

Settlements 

proceed, saying the family didn’t 

have to show the man was actually 

insane, but rather simply 

that his suicide was a direct 

result of the doctor’s negligence. 

Other lawyers in Cole’s fi rm 

handled that appeal. 

In the plane crash litigation, 

the family agreed to settle with 

Doncasters for $3.1 million, Cole 

said, and had settled with other 

defendants earlier for a collective 

$65,000. Cole said his case made 

the same liability arguments as 

in the Delacroix case that went 

to trial. 

Doncasters made a part of the 

From the FBI 

owners across the country. 

Fraudulent timeshare schemes 

are becoming a very real problem…especially 

in these economically 

challenging times as more 

timeshare owners decide they 

can no longer aff ord them. A 

timeshare involves joint ownership 

of a property – usually 

located within resorts in vacation 

hotspots (i.e., Florida, Colorado, 

Mexico). A property can have 

up to 52 owners – one for each 

week of the year – although some 

timeshare owners purchase larger 

blocks of time. e property is 

usually managed by the resort in 

which it is located. 

Earlier this year, the FBI’s 

Internet Crime Complaint Center 

(IC3) issued an alert on timeshare 

telemarketing scams after seeing 

a signifi cant increase in the number 

of complaints about these 

scams. e victims – mostly owners 

trying to sell – were scammed 

by criminals posing as representatives 

of timeshare resale 

companies or by actual employees 

of companies that were committing 

fraud. 

In the IC3 complaints, perpe- 

I am told that I spoke to several 

people and even hammered 

out some emails over the next 

few days, but I have to take their 

word for it. e reality is that I 

was hit with the worse case of 

the fl u I’d had in recent, or ever, 

memory. 

As deadlines came and went, 

and work piled higher and 

higher, I realized I literally simply 

could not work. I could not 

think. One thought did not fl ow 

to the next. It was not a lack of 

desire to work from home, but a 

airplane engine, a compressor 

turbine blade, that the plaintiff s 

argued was defective. 

An expert on Federal Aviation 

Administration regulations said 

the company didn’t follow FAA 

rules regarding the part. e 

blade broke, plaintiff s argued, 

because it couldn’t withstand the 

heat and pressure in that engine. 

In general, the defense argued 

the crash was due to improper 

maintenance and that the blade 

in question had FAA approval, 

plaintiff s’ attorneys explained. 

Defense attorney Larry Kaplan 

didn’t return messages seeking 

comment by press time. 

$3.2 million settlement 

Wrongful death 

Auto collision claim settles 

without lawsuit 

By Alan Scher Zagier 

A 68-year-old St. Louis man 

has received a $125,000 out-ofcourt 

settlement after a July 2010 

car accident in the city’s Tower 

Grove neighborhood. 

Bonaventure Sala, who was 66 

at the time, collided with a car 

driven by Ian Spaeth as Spaeth 

attempted to turn left onto Chippewa 

Street from a QuikTrip 

convenience store near the Oak 

trators telephoned or e-mailed 

timeshare owners who, in many 

instances, had advertised their 

desire to sell in industry newsletters 

and Web sites. ese company 

representatives promised 

a quick sale, often within 60-90 

days. Some victims reported that 

sales reps pressured them into a 

quick decision by claiming there 

was a buyer waiting in the wings, 

either on the other line or in the 

offi ce. 

Timeshare owners who agreed 

to sell had to pay an upfront fee – 

anywhere from a few hundred to 

a few thousand dollars – to cover 

various costs such as advertising 

or closing fees. Many victims 

provided credit card numbers to 

cover the fees. 

And then, as time went on and 

no sales were made, victims tried 

reaching back out to the companies, 

but their phone calls and 

e-mails went unanswered. 

And to add insult to injury, 

some of the complainants reported 

being contacted by a timeshare 

fraud recovery company that 

promised assistance in recovering 

money lost in the sales scam… 

lack of ability. Literally. I could 

not do any lawyering. e crucial 

tool, the brain, was awol. 

Yesterday, fi ve days later, the 

fog fi nally broke and health returned. 

By eight pm I was feeling 

100 percent chipper. I was in bed 

by nine, to ensure a good night’s 

sleep and continued health. I 

woke up this morning feeling 

fi ne, until I attempted to speak. 

All systems were go, except my 

voice. It is now totally gone. Yet, 

today I am at work, plowing 

through the pile of emails, faxes, 

Hill Avenue intersection, said 

plaintiff ’s attorney Julia M. Kerr. 

e driver of a third vehicle 

waved Spaeth into the oncoming 

traffi c “even though it was not 

safe to do so,” the attorney said. 

Sala was taken by ambulance 

to Saint Louis University Hospital 

after suff ering a concussion 

and a torn tendon in his right 

knee, which required surgery. He 

spent a week in the hospital and 

further recuperated at a skilled 

nursing facility, Kerr said. 

“He was pretty severely injured,” 

she said. 

Kerr issued a demand letter 

on Oct. 3 to State Farm Insurance 

Co., which represented 

both drivers. e insurer agreed 

on Nov. 9 to settle Sala’s negligence 

claim against Spaeth for 

$100,000 without admitting 

liability, Kerr said. State Farm 

didn’t use attorneys to resolve 

the case. 

One day later, State Farm 

agreed to settle a second claim 

under Sala’s underinsured motorist 

policy for $25,000. State 

Farm claims representatives did 

not respond to several telephone 

calls seeking comment. 

$125,000 settlement 

Motor vehicle collision 

for a fee. IC3 has identifi ed some 

instances where people involved 

with the recovery company have a 

connection to the resale company, 

raising the possibility that victims 

were being scammed twice by the 

same people. 

What’s the FBI’s role in these 

kinds of cases? Many of these 

types of complaints are handled 

by each state’s attorney general’s 

offi ce and local law enforcement. 

As in the above-mentioned 

Miami case, the FBI can become 

involved when there’s evidence 

that the fraud extends across 

state lines (usually wire or mail 

fraud on the part of the perpetrators) 

and/or involves a large 

number of victims, large dollar 

losses, and an organized criminal 

enterprise. 

If you suspect you’ve been 

scammed, fi le a complaint with 

your state attorney general’s offi ce 

and the IC3. e IC3 not only collects 

complaints but also analyzes 

them, links similar complaints, 

and discerns patterns in order to 

help law enforcement identify the 

scammers. 

(www.fbi.gov) 

letters, messages and documents 

that awaited me. You see a lawyer 

may be a “mouthpiece”, but 

a voice is not the oil that keeps 

the engine humming. I think, 

therefore I am. 

©2012 under analysis lc. Under 

analysis is a nationally syndicated 

column of the Levison Group. 

Charles Kramer is a principal of 

the St Louis based law fi rm Riezman 

Berger, PC. Send comments 

to the Levision Group c/o this 

paper or direct via email to comments@levisongroup.com


By Jay Edwards 

e tornadoes that stretched 

from northern Kansas to southern 

Alabama amassed a death 

toll of 39 people, with Kentucky 

sustaining the greatest loss of life 

with 21. 

After the chaos, there was 

some happy news for a North 

Carolina family, where a 7-year 

old boy who was sucked out 

of his house by a twister and 

dropped 350 feet away by the 

side of a road has returned to his 

parents from the hospital. 

Jamal Stevens came away with 

only minor injuries after the tornado 

destroyed his parents’ home 

in Charlotte and carried him to 

a spot near Interstate 485, where 

his family found him within 

minutes. 

Jamal’s grandmother Patricia 

said afterward, “I’ve never seen 

or heard anything like that. It 

sucked out the walls. It was a 

terrible sound. I never want to go 

through that again. I don’t want 

anyone to ever go through that 

again.” 

Stevens was asleep on a sofa 

downstairs when the tornado 

arrived. Her daughter-in-law 

and her four young grandchildren 

were all upstairs. She said 

there was a loud noise, and her 

daughter-in-law began passing 

the children downstairs. 

She hid with the 3-year old 

twins behind the sofa while their 

mother went back upstairs for 

Jamal and his 5-year old sister. 

at was when the force of the 


A fi rst-of-its-kind Internet 

tool for fi shermen is making 

its debut in Tennessee to help 

answer their top question: where 

are the fi sh biting? Hookemnow. 

com is an interactive, map-based 

Web site that allows anglers to 

see what others are catching, and 

to share information and photos 

about their catches. 

“Unlike other Internet fi sh- 

Twin tornadoes spawned from the same supercell, somewhere in the U.S. Great Plains. (NOAA Legacy Photo; OAR/ERL/ 

Wave Propagation Laboratory) 

storm hit and Stevens says the 

“walls were sucked out.” 

e twins were under some 

rubble but unharmed. e 5-year 

old was blown into the next door 

neighbor’s yard and also fi ne. 

After Jamal was found, all were 

taken to the hospital and soon 

released. 

••• 

Conservative radio host Rush 

Limbaugh apologized to Georgetown 

student Sandra Fluke on his 

Web site, saying, “in the attempt 

to be humorous, I created a national 

stir. I sincerely apologize.” 

Several days after criticizing a 

ing sites, hookemnow.com uses 

maps to pinpoint catches,” said 

Robert Sherborne, the site’s 

founder and president. “Rather 

than just reading about the fi sh 

that others are catching, fi shermen 

can now see on a map 

where the fi sh are being caught. 

“ is gives anglers information 

they’ve not had before, and 

helps put them on the spots 

where the fi sh are most active. 

When fi shermen are planning 

The Week That Was 

Georgetown student who advocated 

for the availability of birth 

control and calling her a “slut,” 

e controversy began on 

Limbaugh’s show when he 

criticized Fluke over her support 

of the Obama administration’s 

new policy on contraception. He 

fueled the fi re when he repeated 

the charges the next day, saying: 

“Well, what would you call someone 

who wants us to pay for her 

to have sex? What would you call 

that woman? You’d call ‘em a slut, 

a prostitute or whatever.” 

Limbaugh later retracted on 

his Web site saying, “For over 20 

a trip, we hope they come here 

fi rst.” 

In its debut, hookemnow.com 

covers 32 major lakes in Tennessee, 

ranging from South Holston 

in the east to Reelfoot in the 

west. Other lakes will be added 

as the site grows. 

Finding it is easy: just go to 

www.hookemnow.com. 

Once there, fi shermen can 

view a map of each lake to see 

what’s being caught and where, 

years, I have illustrated the absurd 

with absurdity, three hours 

a day, fi ve days a week. In this 

instance, I chose the wrong words 

in my analogy of the situation. I 

did not mean a personal attack 

on Ms. Fluke.” 

••• 

When the Dow Jones Industrial 

Average closed over 13,000 

last month, it was the fi rst time it 

had reached the level since back 

in 2008, just before the nation’s 

fi nancial debacle began. Less than 

a year later, in March of 2009, the 

Dow had lost nearly half its value, 

down to near 6,500. 

add their catch to the map with a 

few clicks, see photos of catches 

from across the state, and share 

their photos for others to see. 

Sharing information is the 

heart of the site. 

“Fishermen love telling their 

friends about their recent catches,” 

Sherborne said. “We all do 

it. We’re proud of a good day on 

the water. Hookemnow.com gives 

us an opportunity to share that 

information with a broader com- 

Another painful result of the 

recession and fi nancial crisis has 

been the nation’s job market. Ten 

percent of the nation’s workforce 

was reported out of work in 

October of 2009, the highest level 

since 1983. Today, that percentage 

is 8.3. According to the Labor 

Department, Latinos, who make 

up 15 percent of the nation’s 

workforce, have accounted for 

one half of the gains in jobs since 

the beginning of 2010. It’s because 

Latinos hold large numbers 

of positions in growth areas like 

health care and manufacturing. 

••• 

At least one heroic story came 

out of the devastating storms last 

week. An Indiana mother saved 

the lives of her two children 

when she covered them as their 

house collapsed. Joe Decker was 

at work and communicating with 

his wife Stephanie through text 

messages about the deadly storm 

and had told her that a tornado 

was headed right at their home. 

Stephanie gathered her 8-yearold 

son, Dominic, and 5-year-old 

daughter, Reese, and went to the 

home’s basement. 

en she “just stopped texting 

me,” Joe Decker told reporters 

from outside his devastated home 

on Sunday afternoon. “She was 

on top of them.” 

When the storm passed, neighbors 

came to Stephanie Decker’s 

aid. 

She lost one leg above the knee 

and the other above the ankle and 

is in stable condition at a hospital 

in Louisville. 

New map-based fishing report debuting in Tennessee 

COURT OPINIONS Cont. from page 5 

State of Tennessee v. Joshua 

Daniel Brookshire. 

Direct Appeal from the 

Criminal Court of Hamilton 

County 


CCA-R3-CD 

Authoring Judge: Judge Jeff rey 

S. Bivins 

Originating Judge: Judge 

Rebecca J. Stern 


28, 2012 

Joshua Daniel Brookshire (“the 

Defendant”) pled guilty to fi ve 

counts of burglary of an automobile 

and entered nolo contendere 

pleas to two additional counts of 

burglary of an automobile. e 

trial court sentenced the De- 

fendant as a Range I off ender to 

concurrent terms of two years to 

serve in the Tennessee Department 

of Correction on each of 

the seven counts. e Defendant 

then reached his determinate 

release date and was released 

onto supervised probation. Subsequently, 

a probation revocation 

warrant was issued alleging 

that the Defendant had violated 

his probation by committing 

new driving off enses, changing 

residences without informing his 

probation offi cer, failing to report, 

failing to obtain permission to 

leave his county of residence, and 

failing to pay his probation fees. 

e Defendant was taken into 

custody, and the trial court later 

conducted a revocation hearing. 

At the conclusion of the hearing, 

the trial court revoked the Defen- 

dant’s probation and ordered him 

to serve his remaining sentence in 

confi nement. e Defendant has 

appealed the trial court’s ruling. 

Upon our careful review of the 

record, we affi rm the trial court’s 

judgment. 

Jim Hammond, Sheriff of 

Hamilton County, et al v. Chris 

Harvey, et al. 


COA-R3-CV 




W. Frank Brown, III 

Date Filed: Wednesday, February 

29, 2012 

Six sergeants (collectively “the 

Sergeants”) employed by Jim 

Hammond, the Sheriff of Hamilton 

County (“the Sheriff ”), fi led 

a grievance with the Hamilton 

County Sheriff ’s Offi ce Civil 

Service Board (“the Board”) complaining 

that there is an unlawful 

disparity in pay among the 19 

sergeants on the force. e Board 

found a disparity and ordered the 

Sheriff “to equalize their pay and 

if all [s]ergeants do the same job 

that they should be paid the same 

if there is no written criteria to 

establish standards.” e Sheriff 

appealed to the trial court by 

petition for a writ of certiorari. 

e court (1) held that the Board 

was without authority to order 

the Sheriff to equalize the pay of 

the 19 sergeants and (2) declared 

the Board’s decision “null and 

void.” e Sergeants appeal. We 

modify the trial court’s judgment 

and remand to the Board with 

instructions. 

munity of dedicated fi shermen.” 

Additionally, fi shermen can 

fi nd useful information about 

each lake – its history, its size 

and where it got its name, for instance. 

ey can also fi nd record 

catches from that lake, or from 

across the state. 

“We hope that fi shermen will 

fi nd this a friendly, informative 

place to visit,” Sherborne said. 

“And we hope they will participate 

often.” 

In Re Estate of Carl Robin 

Geary, Sr. 

Case Number: M2011-01705- 

COA-R3-CV 

Authoring Judge: Judge Andy 

D. Bennett 


Jeff rey F. Stewart 


28, 2012 

is appeal presents the issue 

of whether a widow who signed a 

prenuptial agreement is entitled 

to an elective share of her 

husband’s estate. e evidence 

does not preponderate against 

the trial court’s fi nding that the 

widow signed the prenuptial 

agreement knowledgeably. Given 

the validity of the prenuptial 

agreement, we affi rm the trial 

court’s decision denying the 

widow an elective share.


MEMORIAL Continued from page 1 

2011, Max Bahner said, “ ere’s 

no way to capture in a memorial 

resolution built with words the 

eff ervescent qualities of this exceptional 

man, whose life made 

us better and who continues to 

be an example and inspiration. 

Although we miss him, he will, 

as long as we live, be a bright 

presence in our lives.” 

Martin Levitt submitted the 

resolution for LeRoy Phillips, Jr., 

who passed away May 19, 2011. 

He called Phillips, “a warrior 

for those accused of criminal 

off ense. No matter if they were 

poor, mentally challenged, or 

despised, Leroy Phillips was 

their advocate in dealing with 

the legal system. He was a great 

example of what a lawyer ought 

to be.” 

Catherine White delivered the 

resolution for Mitchell Aaron 

Byrd, who passed away May 24, 

2011 at the age of 65. She said, 

“He was far too young to leave 

Earth. He left a void in our legal 

community because of all the activities 

in which he was involved, 

and his legacy will not fade.” 

e Honorable Suzanne 

Bailey, her voice shaking at 

times, told the court how George 

Bowman “Bo” LeNoir had been 

diagnosed with melanoma at 

the age of 55, and lived only a 

few more months before passing 

away June 1, 2011. She said “Bo” 

lived those fi nal months in the 

way he’d lived his life. 

“He came to work almost 

every day during his treatments, 

remained upbeat and positive 

for those around him, and to his 

fi nal days, was more concerned 

about his family, his friends and 

the children he’d served at the 

court than himself. His commitments 

to the welfare of the 

children of our community will 

long be his legacy of service, and 

he will be missed by many.” 

The Honorable Robert Moon, Jr.’s brother, Mark Moon; Moon’s wife, 

Debbie Moon; and Moon’s mother, Christine Moon. 

The Honorable Russell Bean speaks with Lisa Garner and Michelle Phillips, LeRoy 

Phillips, Jr.’s daughters. 

George Koontz presented a 

resolution he and Jerry Farinash 

prepared for Richard Kennedy, 

who passed away July 15, 2011. 

He said he felt privileged to 

practice law with “Dick” for 30 

years and to be his friend. 

“He made the world a better 

place every day of his life. He’s 

gone but not forgotten. Dick 

died in his home ... after a dinner 

party his friends who attended 

now refer to as ‘ e Last Supper.’ 

I think Dick would have liked 

that sobriquet.” 

e resolution of Chamberlain 

McAllester, who passed 

away October 27, 2011, will be 

read at next year’s memorial 

service. 

Speaking of the Honorable 

Joseph Barker, who passed away 

December 3, 2011, the Honorable 

omas Graham said, “Joey 

was an aff able, engaging and 

beloved fi gure. He had many 

friends, as evidenced by the 

crowd at his funeral service and 

the numerous eulogies given in 

his honor. Judge Joseph Vance 

Barker was a credit to the bench, 

the bar, his family and his community. 

His warmth and wit will 

be missed by those who were 

fortunate enough to know him. 

His 63 years on Earth are a testament 

to a life well lived. Rest in 

peace, my friend.” 

omas Kale, reading from a 

resolution he and Fred Moore 

had written, said it would take 

many pages to list the accomplishments 

of Silas Williams, Jr., 

who passed away December 10, 

2011. ”He lived his life in service 

to others. He was a devoted 

husband and father, a superb attorney 

and a wonderful law partner. 

His graciousness and strong 

values earned him the respect of 

his peers and set him apart as an 

example of professionalism.” 

With the January 26, 2012 

passing of the Honorable Robert 

Moon, Jr., still fresh in everyone’s 

memory, Kim Greuter 

presented a resolution she, the 

Honorable David Bales and 

Mike Prichard had prepared. Of 

Judge Moon, she said, “He was a 

Renaissance man, a loving son, 

husband and brother, a poet, a 

scholar, an advocate for children, 

and a friend and mentor to many 

in this community. Judge Moon 

achieved what he set out to do 

– leave the Chattanooga community 

a better place.” 

Nora McCarthy William Crutchfi eld, Jr.’s daughter, Mary Catherine Harper; Max Bahner; 

and Crutchfi eld’s wife, Pat Crutchfi eld. 

Attorney Catherine White 

The Honorable Suzanne Bailey

Chattanooga Bar Assoc. honors its dearly departed

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