May, 2008

Cover Story

By Crews Townsend, Zachary H. Greene, Alison Martin, Robert F. Parsley and Joseph Y. McCoin III

President's Perspective

Many, many years ago my family visited Arlington Cemetery to pay our respects to John Fitzgerald Kennedy. It was summer, less than a year after he had been assassinated. I remember that despite the August heat, the lines were very long, that the respectful silence was palpably overpowering. No one spoke as the line made its way slowly to the site in the...

Letters of the Law

These letters were written to Journal columnist Bill Haltom. The first is about his March 2008 column, "The Last Tennessee Jury Trial."

Bill, I've enjoyed your TBA columns over the years, but you have outdone yourself this month " a true classic! As a Rule 31 mediator myself (but a trial lawyer for 30 years before becoming a...

Book Review

By John Grisham | Doubleday | $27.95 | 355 pages | 2008

The title of this novel derives from the appeal of a $41 million verdict in a toxic waste trial to the Mississippi Supreme Court. During the appellate process a hotly contested election for one seat on that court takes place.

Special interest groups pour vast sums into each candidate's...

Book Review

By Hamilton "Kip" Gayden | Center Street | $22.99 | 330 pages | 2008

Anna Dotson, 32, of Gallatin was a married mother of a daughter and son. Her husband Walter was a prominent ear, nose and throat doctor. On the afternoon of Saturday, March 15, 1913, Anna rode a train to Nashville and walked into a barbershop at 819 Broadway. She pulled a pistol...

History's Verdict

The Tennessee Bar Journal welcomes a new column this month. Russell Fowler will look to the past to help inform the practice of today in “History’s Verdict.” His column will appear three times a year.

2015 is the 800th anniversary of the Magna Carta. It is time to pause and ponder its importance and plan how to commemorate this...

Day on Torts

I hear the train a comin'. It's rollin' 'round the bend[1]


Governor selects Davidson County judges
On March 26 Gov. Phil Bredesen appointed Nashville attorney Joe P. Binkley Jr. to the Davidson County Circuit Court, Division V, and Russell Perkins of Whites Creek to the Davidson County Chancery Court, Part IV. They were sworn in April 8 at the...


Thank you to our volunteers
St. Mary's Wins Again in High School Mock Trial
St. Mary's Episcopal School from Memphis scored a final round victory over Brentwood High School to win a second-straight title in the Tennessee State High School Mock Trial Competition in Nashville March 15. The...


Former Criminal Court Judge and TBA senior counselor FRED A. KELLY died Sept. 27 at the age of 93. Kelly graduated from the University of Tennessee and later served in World War II, earning the rank of captain. He graduated from Vanderbilt University Law School in 1948 and began practicing law in Gallatin. A native of the city, he went...

Licensure & Discipline

The following attorneys have been reinstated to the practice of law after complying with Supreme Court Rule 21, which requires mandatory continuing legal education:

Aaron Edward Carlos, Sewanee; Warner Hodges III, Gainsville, Ga.; Thomas Perry, Memphis...

Crime & Punishment

Corporate crime is big news. Lawyers practicing in Tennessee face an increasing likelihood of being asked to assist business clients in responding to an allegation of criminal wrongdoing. To protect the business and to avoid inadvertent harm to others (and your license), counsel must both understand the attorney-client privilege of an organization.

Paine on Procedure

Tennessee Rule of Criminal Procedure 43(b)(1) provides that the defendant waives his right to be present at trial if he "voluntarily is absent after the trial has commenced." But State v. Kirk, 699 S.W.2d 814 (Tenn. Crim. App. 1985), upheld a verdict and sentence where the accused left the jurisdiction shortly before his scheduled trial date....

But Seriously, Folks

It's been said that there are only three things in life that are never overrated: Timex watches, Memphis barbeque and the Grand Canyon. Well, if called as a witness, I can attest that all three will never disappoint you. In fact, they will always exceed your expectations.

For years I have worn a Timex watch. It's cheap, reliable, and as long as I...