PREVENTING LEGAL MALPRACTICE CLE
Nov. 16 - Memphis
Nov. 17 - Nashville
Nov. 18- Knoxville

This three-hour seminar taught by Thomas P. Sukowicz, director of
Lawyers Risk Management Services at Hinshaw & Culbertson in Ft.
Lauderdale, Fla., is designed to help lawyers identify common
situations that give rise to malpractice claims and violations of the
Rules of Professional Conduct, and to provide practical suggestions to
help minimize or avoid claims and bar grievances. Effective risk
management has three benefits in addition to avoiding claims. It
enables firms to improve the quality of services provided to clients,
enhances law firm profitability and improves the firm’s insurability.
The first part of the seminar is a presentation by a lawyer whose
practice is entirely devoted to advising and defending lawyers and law
firms. Using examples from actual cases and experiences, the
presentation identifies many of the common pitfalls of lawyering, the
consequences to lawyers and law firms and practices and procedures
that will help avoid those errors and omissions.

Today's Opinions: November 11, 2004
Volume 10 — Number 218
Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
01 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi .

Here's how you can obtain full-text version. • Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. • Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. • Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.
Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

COREY KENNERLY v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

J. Mark Stewart, Winchester, Tennessee, for the Appellant, Corey
Kennerly.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; David H. Findley, Assistant Attorney General;
Steven M. Blount, Assistant District Attorney General, for the
Appellee, State of Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Corey Kennerly, is currently serving concurrent
sentences of life imprisonment and twenty years, as a result of his
guilty pleas to first degree murder and aggravated robbery.  Kennerly
has filed a petition pursuant to the Post-Conviction DNA Analysis Act
of 2001 requesting DNA analysis of evidence that resulted in his
convictions.  The trial court granted Kennerly's petition and ordered
that DNA analysis be performed at state expense.  After Kennerly was
advised by the forensic laboratory that the DNA analysis was
unfavorable, he moved to voluntarily dismiss his petition without
prejudice.  The trial court ruled that voluntary dismissal of the
petition was not authorized by the Act and dismissed the petition upon
its merits.  Kennerly appeals this ruling.  After review, we find no
error and affirm.

http://www.tba.org/tba_files/TCCA/kennerlycorey.wpd

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