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.

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 22, 2005
Volume 11 — Number 118
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
01 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
05 New Opinion(s) from the Tennessee Court of Criminal Appeals
05 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


BRIAN KEITH VOWELL v. CLINTON HOME CENTER

Court:TSC - Workers Comp Panel

Attorneys:                          

Roger L. Ridenour, Clinton, Tennessee, for the appellee, Brian Keith
Vowell.

Beverly Dean Nelms, Knoxville, Tennessee, for the appellant, Clinton
Home Center

Judge: HARRIS

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel in accordance with Tennessee Code
Annotated S50-6-225(e)(3) for hearing and reporting to the Supreme
Court of findings of fact and conclusions of law. In this appeal, the
employer asserts that the trial court erred in awarding to the
employee a 30% permanent partial disability to the whole body as a
result of his employment with Clinton Home Center. We conclude that
the evidence presented supports the findings of the trial judge with
regard to the extent of the disability sustained but find that the
employee refused a reasonable offer of return to work and is subject
to the maximumbenefitset forth in Tenn. Code Ann.S50-6-241(a)(1). In
accordance with Tenn. Code Ann. S50-6-225(e)(2), we affirm the
judgment of the trial court but modify the award to the employee to
provide for a 17.5% permanent, partial disability to the whole body.

http://www.tba.org/tba_files/TSC_WCP/2005/vowellb62205.pdf

ELIZABETH DIAZ GRAHAM v. CHRISTOPHER SCOTT GRAHAM

Court:TCA

Attorneys:                          

James F. Logan, Jr., Cleveland, Tennessee, for the Appellant Elizabeth
Diaz Graham.

Randy Sellers, Cleveland, Tennessee, for the Appellee Christopher
Scott Graham.

Judge: SWINEY

First Paragraph:

Elizabeth Diaz Graham ("Mother") and the parties' two minor children
moved to Georgia in early 2000 following Mother's separation from
Christopher Scott Graham ("Father"). When the parties were divorced,
the Trial Court expressly sanctioned Mother's move to Georgia. In June
of 2004, Mother abruptly moved to Jacksonville, Florida, without first
notifying Father. Father filed a petition objecting to Mother's
relocation. Following a hearing, the Trial Court concluded that Tenn.
Code Ann. S 36-6-108 applied, that Mother had no reasonable purpose
for relocating to Florida, and that it would be in the best interest
of the children for Father to be designated as the primary residential
parent. We conclude that the preponderance of the evidence weighs
against the Trial Court's conclusion that it would be in the best
interest of the children for Father to be designated as the primary
residential parent.

http://www.tba.org/tba_files/TCA/2005/grahame62205.pdf

STATE OF TENNESSEE v. DANIEL BLAKE

Court:TCCA

Attorneys:                          

Robert WilsonJones, District Public Defender; and Trent Halland W.Mark
Ward, Assistant District Public Defenders, for the Appellant, Daniel
Blake.

Paul G. Summers, Attorney General & Reporter; Michael Markham,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Alanda Dwyer and Michelle Parks, Assistant District
Attorneys General, for the Appellee, State of Tennessee

Judge: WITT

First Paragraph:

The defendant, Daniel Blake, stands convicted of aggravated vehicular
homicide, attempt to leave the scene of an accident, and driving on a
revoked or suspended license, and he is serving an effective sentence
of 25 years. He has appealed his aggravated vehicular homicide
conviction and claims that the state failed to prove beyond a
reasonable doubt that his blood-alcohol content was above .20 percent
and that he had previously been convicted of DUI. After thoroughly
reviewing the record and applicable authorities, we find sufficient
evidence to support the conviction and affirm the judgment.

http://www.tba.org/tba_files/TCCA/2005/blaked62205.pdf

CLARENCE CARNELL GASTON v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Danny H. Goodman, Jr., Tiptonville, Tennessee, for the Appellant,
Clarence Carnell Gaston.

Paul G. Summers, Attorney General &Reporter; J. Ross Dyer, Assistant
Attorney General; Thomas A. Thomas, District Attorney General; and
James T. Cannon, Assistant District Attorney General, for the
Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

The petitioner, Clarence Carnell Gaston, appeals the Obion County
Circuit Court's dismissal of his petition for post-conviction relief,
in which he challenged his 2001 convictions of first degree felony
murder, second degree murder, and conspiracy to commit second degree
murder. See State v. Clarence Carnell Gaston, No.
W2001-02046-CCA-R3-CD (Tenn. Crim. App., Jackson, Feb. 7, 2003)
(affirming the petitioner's convictions and sentences), perm. app.
denied (Tenn. 2003). After appointing counsel, the post-conviction
court conducted a hearing on May 24, 2004. Following the hearing, the
court denied post-conviction relief. We affirm the post-conviction
court's judgment.

http://www.tba.org/tba_files/TCCA/2005/gastonc62205.pdf

STATE OF TENNESSEE v. AARON T. JAMES

Court:TCCA

Attorneys:                          

Gary Tamkin, Assistant District Public Defender, and Wendy S. Tucker,
Nashville, Tennessee (at trial), and Jeffrey A. DeVasher, Assistant
District Public Defender (on appeal), for the appellant, Aaron T.
James.

Paul G. Summers, Attorney General & Reporter; Preston Shipp, Assistant
Attorney General; and Bret Gunn, Assistant District Attorney General,
for the appellee, State of Tennessee

Judge: WADE

First Paragraph:

The defendant, Aaron T. James, was convicted of especially aggravated
kidnapping and the trial court imposed a sentence of sixty years. In
this appeal, he asserts (1) that the evidence is insufficient; (2)
that the trial court erred by limiting the questioning of a witness;
(3) that the trial court erred by refusing to provide a jury
instruction on the defense of necessity; (4) that the trial court
committed plain error by permitting the state to make improper
commentary on the law during closing argument; and (5) that the trial
court erred by ordering that the defendant serve the sentence he
received in this case consecutively to the sentence for a previous
conviction. The judgment of the trial court is affirmed.

http://www.tba.org/tba_files/TCCA/2005/jamesa62205.pdf

STATE OF TENNESSEE v. QAWI NUR, (a/k/a DARRIUS JAMES)

Court:TCCA

Attorneys:                          

Robert Wilson Jones, District Public Defender; W. Mark Ward, Assistant
Public Defender, Larry Nance, Assistant Public Defender; and Diane
Thackery, Assistant Public Defender, Memphis, Tennessee, for the
appellant, Qawi Nur, a/k/a Darrius James.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; William L. Gibbons, District Attorney
General; Michelle Parks, Assistant District Attorney General; and
James Wax, Assistant District Attorney General, for the appellee, the
State of Tennessee.

Judge: WOODALL

First Paragraph:

Defendant, Qawi Nur, a/k/a/ Darrius James, was indicted on one count
of first degree felony murder and one count of first degree
premeditated murder. The State filed a notice of intent to seek the
death penalty. Following a jury trial, Defendant was convicted of
first degree felony murder in count one and second degree murder in
count two. The trial court merged Defendant's second degree murder
conviction into his first degree felony murder conviction. The jury
sentenced Defendant to life imprisonment without the possibility of
parole for his first degree murder conviction. The sole issue raised
on appeal challenges the sufficiency of the convicting evidence. After
a thorough review of the record, we affirm the judgment of the trial
court.

http://www.tba.org/tba_files/TCCA/2005/nurq62205.pdf

DAYLON ROBERTS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Daylon Demetric Roberts, Mountain City, Tennessee, Pro se.

Paul G. Summers, Attorney General and Reporter; Seth P. Kestner,
Assistant Attorney General; Joe C. Crumley, Jr., District Attorney
General, for the Appellee, State of Tennessee

Judge: WADE

First Paragraph:

The petitioner, Daylon Roberts, appeals from the trial court's order
denying his petition for writ of habeas corpus. The state has filed a
motion requesting that this court affirm the trial court's denial of
relief pursuant to Rule 20 of the Rules of the Court of Criminal
Appeals. The petitioner has failed to establish a cognizable claim for
habeas corpus relief. Accordingly, the state's motion is granted and
the judgment of the trial court is affirmed

http://www.tba.org/tba_files/TCCA/2005/robertsd62205.pdf

Alternative Coverage for Individuals Disenrolled from TennCare

Date: June 20, 2005

Opinion Number: 05-097

http://www.tba.org/tba_files/AG/2005/op97.pdf

Consulting under the Ethics Act of 2005

Date: June 20, 2005

Opinion Number: 05-098

http://www.tba.org/tba_files/AG/2005/op98.pdf

E-mail of Legislator

Date: June 20, 2005

Opinion Number: 05-099

http://www.tba.org/tba_files/AG/2005/op99.pdf

Using Campaign Funds to Pay Civil Penalties Assessed by Registry of
Election Finance

Date: June 20, 2005

Opinion Number: 05-100

http://www.tba.org/tba_files/AG/2005/op100.pdf

Cellular Telephone Use Under the School Security Act of 1981

Date: June 20, 2005

Opinion Number: 05-101

http://www.tba.org/tba_files/AG/2005/op101.pdf

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