Tuesday, June 23, 2015
Titan Kicker's Estate File Sealed From Public View
By Walter F. Roche Jr.
The court papers disclosing details of a distribution plan for some $3 million in assets from the estate of former Titans kicker Rob Bironas have been sealed from public view.
The case file was apparently sealed Tuesday less than a week after Bironas' heirs had asked the Davidson Probate Court to approve the distribution plan and also seal it from public view.
The petition cited confidential and personal information in the filing as justification for sealing the record. Also cited was the fact that one of the heirs, Bironas son London, is a minor.
The other heirs are Bironas wife, Rachel Bradshaw and members of her family. Rachel is the daughter of Terry Bradshaw, the former Pittsburgh Steelers quarterback and current television commentator.
Prior to the sealing the court filings state that there was a dispute between Rachel and the other heirs over some aspects of the distribution and administration of the estate.
Bironas died Sept. 20, 2014 after his truck, traveling at more than twice the speed limit careened off a road near his home striking a tree.
An autopsy showed his blood alcohol level was 0.218 percent, double the legal limit. He was released by the Titans in 2014 ending a nine season pro career.
The now sealed file shows the vast majority of the estate assets will be shared by London and Rachel.
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Monday, June 22, 2015
Family Seeks to Seal $2.8 Million Bironas Estate Settlement
By Walter F. Roche Jr.
The family of former Tennessee Titans kicker Rob Bironas is asking the court to keep secret the details of a $2.8 million settlement of a dispute over the distribution of his estate.
In a suit filed recently in Davidson Probate Court in Nashville, Tenn., Bironas' family is asking the court to approve a distribution agreement for Bironas' assets but also to seal the records of the case because the filing includes sensitive personal information and also involves his son London, who is a minor.
Primary heirs of the estate are London and Rachel Bradshaw Bironas, Rob Bironas' widow. Rachel, the records show had earlier objected to a distribution plan for the estate assets.
Bironas died in a Sept. 20, 2014 single vehicle crash on Battery Lane, not far from his home.
Witnesses said his truck was observed traveling at a high rate of speed shortly before it left the road and struck a tree. Police later reported he was traveling 73 mph, double the speed limit at the location.
A subsequent autopsy concluded he was legally drunk with a blood alcohol level of 0.218 percent. The legal limit was 0.08.
He was 36 at the time of his death. He had been released by the Titans earlier that year ending a nine season career.
In the suit filed June 18, Bironas' family including the legal guardian of his son London, asked the court to approve the agreement which calls for the distribution of several million dollars worth of assets.
Though the family attorneys asked that the court filings be sealed because a minor was involved in the case, that sealing motion has yet to be acted on.
The petition states that sealing is justified in that it contains "sensitive and private information."
Paul Gontarek, one of the attorneys for Rachel Baronas, said he could not comment when asked to detail his client's objections to the distribution plan.
The lawyer for other Bironas family members could not be reached for comment.
The suit states that "a dispute has arisen among the petitioners regarding the distribution and administration of the assets."
It asks that the proposed settlement and accompanying administrative plan be approved because it is "fair and reasonable."
A copy of the proposed distribution calls for London to receive $9,000 a month for 90 months, to be followed by $4,000 a month indefinitely.
The disputed agreement also calls for Rachel to vacate the family residence by May 24 of this year.
Assets of the estate, according to the records, include $523,068 in a savings plan, $445,881 in an annuity plan, $1.6 million from a life insurance policy and $32,000 from another life policy.
Under the settlement Rachel and London will share a $195,443 retirement account, while the $523,068 savings plan and the $445,881 annuity plan will go to Rachel alone.
A $1.6 million insurance policy will be shared by London, Rachel and other members of the Bironas family.
All together the estate assets total an estimated $3 million.
Baronas' actual estate and a 13-page will was previously filed in a separate case in the same court.
Filed by his father Larry W. Bironas, the estate petition includes the will calling for all the assets to be distributed to the Gateway Promise Revocable Living Trust. The assets to be distributed under the settlement would come from that trust.
An amended claim against the estate for $294,909.51 has been filed by First Tennessee Bank.
The will, according to the filings, was prepared on Feb. 25, 2009, which preceded his marriage to Rachel. Rachel and the former NFL star had signed a pre-nuptial agreement, the filing states.
wfrochejr999@gmail.com
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Friday, June 5, 2015
Homeless Nashville Man Placed in Conservatorship
By Walter F. Roche Jr.
Ronald Carter, a 64-year old homeless Nashville man, has been a patient at the Vanderbilt University Medical Center for well over a month but the health care facility has initiated legal action that could soon bring about his forced discharge.
Carter, according to court filings, was admitted to the facility on April 26 suffering from pneumonia. He had prior admissions at Vanderbilt in June, October and November of last year, records show.
John Howser, medical center spokesman, said in a Friday email response to questions that Carter was a Vanderbilt patient and that his current condition was stable.
He said that privacy laws barred him from releasing additional information.
The legal action initiated by Vanderbilt on May 28 was made under the provisions of a new law passed by the General Assembly in 2013 which made a series of changes in the state statutes governing conservatorships. Most of the changes had been recommended by the Tennessee Bar Association following a series of statewide hearings.
It was a last minute amendment to that bill, however, that gave health care facilities a special route to seek the discharge of patients on an expedited basis.
Court records show that almost immediately after the new law became effective Nashville area hospitals, including Vanderbilt, began filing petitions to have temporary healthcare conservators appointed for some of their patients. The majority of those patients were homeless and nearly all were subsequently discharged to nursing homes and other health care facilities.
In its petition filed by attorney Monica Edwards, Vanderbilt stated that their social workers believed Carter had been homeless for 20 years and, though he had said he had relatives in Tennessee, he gave no information about their whereabouts. Nor could Vanderbilt locate any relatives.
Stating that Carter's cognitive function is "profoundly impaired," the hospital center said that an emergency conservator was needed to arrange for his discharge or transfer.
The filing states that on one of his prior visits to the emergency room, Carter was brought to the facility by a nurse for the Room in the Inn, a Nashville center for the homeless.
Inn officials did not immediately respond to requests for comment.
Probate Judge David R. Kennedy appointed April Jackson to serve as Carter's attorney ad litem or advocate and she subsequently filed a motion to require that Carter be allowed to attend a June 3 hearing on whether the conservatorship should be extended.
Records indicate the hearing was then transferred from the courthouse to the medical center.
Following the hearing Kennedy issued a ruling in which he acknowledged that Carter and Jackson opposed the extension, but he concluded that continuation of the conservatorship was appropriate.
Jackson, declined to comment and Edwards did not respond to a request for comment.
Anthony Burns, who was appointed as Carter's emergency temporary healthcare fiduciary also did not respond.
wfrochejr999@gmail.com
Ronald Carter, a 64-year old homeless Nashville man, has been a patient at the Vanderbilt University Medical Center for well over a month but the health care facility has initiated legal action that could soon bring about his forced discharge.
Carter, according to court filings, was admitted to the facility on April 26 suffering from pneumonia. He had prior admissions at Vanderbilt in June, October and November of last year, records show.
John Howser, medical center spokesman, said in a Friday email response to questions that Carter was a Vanderbilt patient and that his current condition was stable.
He said that privacy laws barred him from releasing additional information.
The legal action initiated by Vanderbilt on May 28 was made under the provisions of a new law passed by the General Assembly in 2013 which made a series of changes in the state statutes governing conservatorships. Most of the changes had been recommended by the Tennessee Bar Association following a series of statewide hearings.
It was a last minute amendment to that bill, however, that gave health care facilities a special route to seek the discharge of patients on an expedited basis.
Court records show that almost immediately after the new law became effective Nashville area hospitals, including Vanderbilt, began filing petitions to have temporary healthcare conservators appointed for some of their patients. The majority of those patients were homeless and nearly all were subsequently discharged to nursing homes and other health care facilities.
In its petition filed by attorney Monica Edwards, Vanderbilt stated that their social workers believed Carter had been homeless for 20 years and, though he had said he had relatives in Tennessee, he gave no information about their whereabouts. Nor could Vanderbilt locate any relatives.
Stating that Carter's cognitive function is "profoundly impaired," the hospital center said that an emergency conservator was needed to arrange for his discharge or transfer.
The filing states that on one of his prior visits to the emergency room, Carter was brought to the facility by a nurse for the Room in the Inn, a Nashville center for the homeless.
Inn officials did not immediately respond to requests for comment.
Probate Judge David R. Kennedy appointed April Jackson to serve as Carter's attorney ad litem or advocate and she subsequently filed a motion to require that Carter be allowed to attend a June 3 hearing on whether the conservatorship should be extended.
Records indicate the hearing was then transferred from the courthouse to the medical center.
Following the hearing Kennedy issued a ruling in which he acknowledged that Carter and Jackson opposed the extension, but he concluded that continuation of the conservatorship was appropriate.
Jackson, declined to comment and Edwards did not respond to a request for comment.
Anthony Burns, who was appointed as Carter's emergency temporary healthcare fiduciary also did not respond.
wfrochejr999@gmail.com
Friday, February 27, 2015
Juvenile Court Judge to Handle Guardianships for Undocumented Youths
By Walter F. Roche Jr.
Acknowledging there is widespread confusion among her colleagues across the state, Davidson Juvenile Court Judge Sheila J.P. Calloway says she and her staff are gearing up to handle an upsurge of guardianship cases for undocumented minors.
Calloway said the confusion and disagreement among judges across the state was apparent during a recent conference of the Tennessee Council of Juvenile and Family Court Judges.
Calloway said that while she and others had hoped the conference would lead to clarity, participants seemed even more confused and conflicted after the session.
"I'm not sure any of us came up with a clear picture," Calloway said in an interview.
The confusion and disagreements come as Tennessee courts are seeing an upsurge of cases for minors who have fled central American countries seeking legal refuge in the United States. In two recent cases handled by Calloway, two cousins from Honduras were apprehended as soon as they crossed the border.
Several cases have been filed in Calloway's court and many were transferred to her after first being filed in Davidson Probate Court.
Calloway said that is in contrast to what she experienced during the nine years she served as a magistrate in the same court and saw no such cases.
The guardianship cases were filed as a first step in a process that could lead to special citizenship status for the minors.
For her part Calloway said that at least for now she will handle the petitions directly rather than having the cases initially assigned to one of several magistrates on the court.
"It will help us get a better handle on the situation" she said.
"We're still trying to work out a process," she added.
Calloway already has approved two guardianship petitions for youths who were about to turn 18.
Lawyers for those youths who are seeking "special status" under federal immigration laws say the guardianship is a necessary first step in what is likely to be a long bureaucratic process.
The recent spurt of Tennessee cases follows a state attorney general's ruling last year, in which he concluded that the guardianship petitions for undocumented minors could be heard either by probate or juvenile court judges.
Calloway said that recent actions by the Obama administration on immigration may be a factor in the decision of some undocumented aliens "to come out of the shadows."
In the most recent case Galloway granted guardianship of Fredy Osmaro Orellana to his paternal aunt.
wfroche999@gmail.com
Acknowledging there is widespread confusion among her colleagues across the state, Davidson Juvenile Court Judge Sheila J.P. Calloway says she and her staff are gearing up to handle an upsurge of guardianship cases for undocumented minors.
Calloway said the confusion and disagreement among judges across the state was apparent during a recent conference of the Tennessee Council of Juvenile and Family Court Judges.
Calloway said that while she and others had hoped the conference would lead to clarity, participants seemed even more confused and conflicted after the session.
"I'm not sure any of us came up with a clear picture," Calloway said in an interview.
The confusion and disagreements come as Tennessee courts are seeing an upsurge of cases for minors who have fled central American countries seeking legal refuge in the United States. In two recent cases handled by Calloway, two cousins from Honduras were apprehended as soon as they crossed the border.
Several cases have been filed in Calloway's court and many were transferred to her after first being filed in Davidson Probate Court.
Calloway said that is in contrast to what she experienced during the nine years she served as a magistrate in the same court and saw no such cases.
The guardianship cases were filed as a first step in a process that could lead to special citizenship status for the minors.
For her part Calloway said that at least for now she will handle the petitions directly rather than having the cases initially assigned to one of several magistrates on the court.
"It will help us get a better handle on the situation" she said.
"We're still trying to work out a process," she added.
Calloway already has approved two guardianship petitions for youths who were about to turn 18.
Lawyers for those youths who are seeking "special status" under federal immigration laws say the guardianship is a necessary first step in what is likely to be a long bureaucratic process.
The recent spurt of Tennessee cases follows a state attorney general's ruling last year, in which he concluded that the guardianship petitions for undocumented minors could be heard either by probate or juvenile court judges.
Calloway said that recent actions by the Obama administration on immigration may be a factor in the decision of some undocumented aliens "to come out of the shadows."
In the most recent case Galloway granted guardianship of Fredy Osmaro Orellana to his paternal aunt.
wfroche999@gmail.com
Friday, January 30, 2015
Greeneville Closure Approved
By Walter F. Roche Jr.
A federal judge has approved a plan to permanently close the Greene Valley Developmental Center and place its 96 current residents in smaller community facilities.
In a 13-page order issued Thursday, U.S. District Judge Kevin H. Sharp also rejected a last minute effort by relatives of some of the current residents to keep the facility open.
The judge approved the exit plan submitted jointly by the state and the groups that originally filed the federal lawsuit. The plan calls for the closure to be completed by June 30, 2016.
Stating that he would not allow "perfect to be the enemy of good," Sharp concluded that the exit plan was "fair and appropriate."
He noted that the plan includes provisions requiring the state Department of Intellectual and Developmental Disabilities to draw up individual plans for each of the residents. It also requires that the state make refinements to protocols for the use of psychotropic medications and to provide for behavorial respite and crisis prevention services.
The judge also noted the high cost, $1,361 per resident per day, of keeping the center open.
He said disapproval of the plan would result in further litigation setting all parties "many steps back."
He rejected the pleas of the relatives and conservators of some current residents who had charged that they only got last minute notice of the closure agreement.
Sharp noted the litigation dates back nearly two decades and said the relatives and conservators failed to meet four criteria needed to qualify.
wfrochejr999@gmail.com
A federal judge has approved a plan to permanently close the Greene Valley Developmental Center and place its 96 current residents in smaller community facilities.
In a 13-page order issued Thursday, U.S. District Judge Kevin H. Sharp also rejected a last minute effort by relatives of some of the current residents to keep the facility open.
The judge approved the exit plan submitted jointly by the state and the groups that originally filed the federal lawsuit. The plan calls for the closure to be completed by June 30, 2016.
Stating that he would not allow "perfect to be the enemy of good," Sharp concluded that the exit plan was "fair and appropriate."
He noted that the plan includes provisions requiring the state Department of Intellectual and Developmental Disabilities to draw up individual plans for each of the residents. It also requires that the state make refinements to protocols for the use of psychotropic medications and to provide for behavorial respite and crisis prevention services.
The judge also noted the high cost, $1,361 per resident per day, of keeping the center open.
He said disapproval of the plan would result in further litigation setting all parties "many steps back."
He rejected the pleas of the relatives and conservators of some current residents who had charged that they only got last minute notice of the closure agreement.
Sharp noted the litigation dates back nearly two decades and said the relatives and conservators failed to meet four criteria needed to qualify.
wfrochejr999@gmail.com
Tuesday, January 27, 2015
Honduran Youth Gains Victory in Guardianship Case
By Walter F. Roche Jr.
In a major victory on the eve of her 18th birthday, a youth who fled from Honduras after being abandoned and abused, has been placed under the guardianship of her mother, who lives in Nashville.
In a three-page order issued Tuesday, Davidson Juvenile Court Judge Sheila J.D. Calloway granted a petition placing Gracibel Pineda Orellana under the guardianship of her mother, Iris Yolanda Orellana Varela.
Gracibel's birthday is Wednesday and her lawyer said it was critical that the petition be acted upon before she reached 18.
The guardianship is regarded as a crucial first step in a lengthy process that could avert deportation.
The order came following a sometimes tearful hearing in Calloway's Nashville courtroom.
Gracibel and her mother still face further hearings in Davidson courtrooms and a long process with federal immigration officials will follow.
Gracibel and her cousin fled Honduras in May, but were quickly apprehended by U.S. Homeland Security agents after crossing the border. She was turned over to her mother, but faces a hearing in May in Memphis, which could lead to deportation.
Thomas J. Brown, the attorney for Varela, first filed a guardianship petition in Davidson Probate Court, but Judge David "Randy" Kennedy ruled that he did not have the legal authority to act on the petition despite a recent ruling to the contrary by then state Attorney General Robert Cooper.
Kennedy transferred the case to Juvenile Court. A court official wrote in an email that state law gives Juvenile Court exclusive jurisdiction in cases of abandonment and neglect involving minors.
Though first rebuffed in Juvenile Court, Brown sought and obtained an emergency hearing before Calloway.
In the order Calloway concluded that there was "clear and convincing evidence" that Gracibel was in need of a guardian and that her mother was "the appropriate person to be appointed."
She also concluded that it was in the child's best interest to remain in the United States and reunification with her father in Honduras "is not viable due to abandonment."
wfrochejr999@gmail.com
In a major victory on the eve of her 18th birthday, a youth who fled from Honduras after being abandoned and abused, has been placed under the guardianship of her mother, who lives in Nashville.
In a three-page order issued Tuesday, Davidson Juvenile Court Judge Sheila J.D. Calloway granted a petition placing Gracibel Pineda Orellana under the guardianship of her mother, Iris Yolanda Orellana Varela.
Gracibel's birthday is Wednesday and her lawyer said it was critical that the petition be acted upon before she reached 18.
The guardianship is regarded as a crucial first step in a lengthy process that could avert deportation.
The order came following a sometimes tearful hearing in Calloway's Nashville courtroom.
Gracibel and her mother still face further hearings in Davidson courtrooms and a long process with federal immigration officials will follow.
Gracibel and her cousin fled Honduras in May, but were quickly apprehended by U.S. Homeland Security agents after crossing the border. She was turned over to her mother, but faces a hearing in May in Memphis, which could lead to deportation.
Thomas J. Brown, the attorney for Varela, first filed a guardianship petition in Davidson Probate Court, but Judge David "Randy" Kennedy ruled that he did not have the legal authority to act on the petition despite a recent ruling to the contrary by then state Attorney General Robert Cooper.
Kennedy transferred the case to Juvenile Court. A court official wrote in an email that state law gives Juvenile Court exclusive jurisdiction in cases of abandonment and neglect involving minors.
Though first rebuffed in Juvenile Court, Brown sought and obtained an emergency hearing before Calloway.
In the order Calloway concluded that there was "clear and convincing evidence" that Gracibel was in need of a guardian and that her mother was "the appropriate person to be appointed."
She also concluded that it was in the child's best interest to remain in the United States and reunification with her father in Honduras "is not viable due to abandonment."
wfrochejr999@gmail.com
Tuesday, January 20, 2015
Court Official Defends Transfers of Petitions for Undocumented Minors
By Walter F. Roche Jr.
A Davidson court official says a state law requires that guardianship petitions for undocumented alien minors claiming neglect or abuse be handled by the juvenile courts and not probate court.
Tim Townsend, trial court administrator, said in a statement issued Tuesday that the recent transfer of several cases of undocumented juveniles seeking guardianship was legal and proper.
He was reacting to statements by Nashville attorney Thomas J. Brown, who questioned the transfer of two cases filed in behalf of two minors who fled Honduras and came to live with a relative in Nashville.
Citing a recent advisory opinion by then Attorney General Robert Cooper, Brown said that he believed the probate court did have the authority to handle the cases.
Citing a state law, Townsend wrote in an email that "Juvenile Court has exclusive jurisdiction over
proceedings in which a child is alleged to be 'dependent or neglected.'"
He said that was the case regardless of the citizenship status of the child.
Townsend added that other types of guardianship cases are routinely handled by Probate Judge David "Randy" Kennedy.
"To the extent any guardianship case filed on behalf of any child has been transferred to the Juvenile Court; the transfer has been in compliance with statutory law and with the permission of Juvenile Court Judge Sheila Calloway, and without burdening the litigants with an unnecessary hearing," Townsend concluded.
The issue arose in cases filed by Brown in behalf of two cousins who fled from Honduras in May only to be quickly apprehended by agents of the U.S. Department of Homeland Security.
Brown filed the petitions as a first step in an attempt to get federal approval for the two 17-year-olds to remain in the United States.
In contrast to the situation in Davidson County, Shelby County Probate officials say they have acted on such petitions filed in that jurisdiction. The advisory opinion was issued by Cooper in response to a request filed at the behest of Shelby Probate Clerk Paul Boyd.
wfrochejr999@gmail.com
A Davidson court official says a state law requires that guardianship petitions for undocumented alien minors claiming neglect or abuse be handled by the juvenile courts and not probate court.
Tim Townsend, trial court administrator, said in a statement issued Tuesday that the recent transfer of several cases of undocumented juveniles seeking guardianship was legal and proper.
He was reacting to statements by Nashville attorney Thomas J. Brown, who questioned the transfer of two cases filed in behalf of two minors who fled Honduras and came to live with a relative in Nashville.
Citing a recent advisory opinion by then Attorney General Robert Cooper, Brown said that he believed the probate court did have the authority to handle the cases.
Citing a state law, Townsend wrote in an email that "Juvenile Court has exclusive jurisdiction over
proceedings in which a child is alleged to be 'dependent or neglected.'"
He said that was the case regardless of the citizenship status of the child.
Townsend added that other types of guardianship cases are routinely handled by Probate Judge David "Randy" Kennedy.
"To the extent any guardianship case filed on behalf of any child has been transferred to the Juvenile Court; the transfer has been in compliance with statutory law and with the permission of Juvenile Court Judge Sheila Calloway, and without burdening the litigants with an unnecessary hearing," Townsend concluded.
The issue arose in cases filed by Brown in behalf of two cousins who fled from Honduras in May only to be quickly apprehended by agents of the U.S. Department of Homeland Security.
Brown filed the petitions as a first step in an attempt to get federal approval for the two 17-year-olds to remain in the United States.
In contrast to the situation in Davidson County, Shelby County Probate officials say they have acted on such petitions filed in that jurisdiction. The advisory opinion was issued by Cooper in response to a request filed at the behest of Shelby Probate Clerk Paul Boyd.
wfrochejr999@gmail.com
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