TennBarU Teleseminar: ABA Model Rules: A Practical Update on Ethics
for Practicing Attorneys, 2 Part Series
June 28 & 29 • Noon to 1 p.m. (Central Time) • Teleseminar
Lawyer ethics rules are in a state of flux. This two-part program
will provide listeners with an update on proposed changes to the ABA
Model Rules of Professional Conduct and a broad-based review of
developments in practical lawyer ethics. The Model Rules form the
basis of the rules of professional responsibilities in virtually all
states and the ABA Ethics 2000 Commission proposed a series of
revisions rules. Fourteen states have adopted the revisions and at
least 36 other jurisdictions are actively considering adopting them.
In one form or another, these changes are coming to a jurisdiction
near you.

Today's Opinions: June 10, 2005
Volume 11 — Number 110
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
01 New Opinion(s) from the Tennessee Court of Appeals
01 New Opinion(s) from the Tennessee Court of Criminal Appeals
01 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. We recommend you download the Opinions to your computer and then open them from there. • Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. • Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. • Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


FREDDIE D. ALLEY v. McLAIN'S INC. LUMBER AND CONSTRUCTION, ET AL.

Court:TCA

Attorneys:                          

C. Christopher Raines, Jr., Mt. Carmel, Tennessee, for Appellants
Freddie D. Alley, Johnson- Johnson & Associates Real Estate and
Auction Co., and Hugh Kyle Johnson.

Phillip L. Boyd, Rogersville, for Appellees McLain's Inc. Lumber &
Construction and James McLain.

Judge: LEE

First Paragraph:

This case involves the wrongful cutting of timber on the plaintiff's
property. Freddie D. Alley brought this action against McLain's Inc.
Lumber and Construction, which cut and harvested timber from his
property after Defendant Stephen Snodgrass falsely represented to
McLain's that he owned the property and wanted to sell the timber.
McLain's filed a counter-complaint and a third-party complaint against
the co-owners of the property, alleging their comparative fault in
preparing and executing a contract for sale of the real estate to Mr.
Snodgrass. The case was tried to a jury, which found the co-owners
partially at fault, Mr. Snodgrass partially at fault, and no fault on
the part of McLain's. The issue presented is whether the trial court
erred in failing to set aside the jury verdict and grant a new trial.
We hold that based on stipulations prior to trial, there was no
material evidence of negligence on the part of the co-owners. We also
hold that the jury verdict is inconsistent. Therefore, we reverse the
judgment in part, vacate in part and remand for a new trial.

http://www.tba.org/tba_files/TCA/2005/alleyf61005.pdf

JEROME WILLIAM DEVEREAUX v. STATE OF TENNESSEE
WITH DISSENTING OPINION

Court:TCCA

Attorneys:                          

Jeffery S. Schaarschmidt, Chattanooga, Tennessee, for the appellant,
Jerome William Devereaux.

Paul G. Summers, Attorney General and Reporter; and Renee W. Turner,
Assistant Attorney General; Al Schmutzer, Jr., District Attorney
General; and Charles L. Murphy, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The petitioner, Jerome William Devereaux, pled guilty in the Jefferson
County Circuit Court to attempted rape of a child and received a
sentence of twelve years incarceration in the Tennessee Department of
Correction, with release eligibility after service of thirty percent
of his sentence. Subsequently, the petitioner filed a petition for
post-conviction relief, alleging that his trial counsel was
ineffective. The post-conviction court dismissed the petition. The
petitioner appeals the denial, arguing that his counsel was
ineffective in his advice concerning the petitioner's plea and that
the trial court's imposition of a twelve-year sentence violated the
dictates of Blakelyv. Washington, 542 U.S. __, 124 S. Ct. 2531 (2004).
Upon review of the record and the parties' briefs, we affirm the
judgment of the post-conviction court.

http://www.tba.org/tba_files/TCCA/2005/devereauxj61005.pdf

DISSENTING OPINION
http://www.tba.org/tba_files/TCCA/2005/devereauxj_dis61005.pdf

Lack of County Authority to Assess and Audit Properties of
Centrally-Assessed Taxpayers

Date: June 8, 2005

Opinion Number: 05-092

http://www.tba.org/tba_files/AG/2005/op92.pdf

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