GOP Considers 'Don't Ask, Don't Tell' Plan

In the ongoing fight between businesses and gun-rights advocates over restricting guns in parking lots, House Republicans are exploring a compromise, the Chattanooga Times Free Press reports. Sen. Stacey Campfield, R-Knoxville, proposed a “don’t ask, don’t tell” policy that would still allow businesses to ban guns from vehicles on their property, but prohibits them from searching those vehicles for the sole purpose of checking for guns. While Campfield’s proposal interested many members, House Speaker Beth Harwell, R-Nashville, said “nobody knows what the bill’s going to look like.”

Today's Opinions

Click on the category of your choice to view summaries of today’s opinions from that court, or other body. A link at the end of each case summary will let you download the full opinion in PDF format.

00 - TN Supreme Court
00 - TN Workers Comp Appeals
00 - TN Supreme Court - Rules
01 - TN Court of Appeals
03 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
00 - TN Supreme Court - Disciplinary Orders









You can obtain full-text versions of the opinions two ways. We recommend that you download the Opinions to your computer and then open them from there. 1) 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.


TN Court of Appeals

Dexter L. McMillan v. Aubrey L. Davis

Court: TN Court of Appeals

Attorneys:

Dexter L. McMillan, Knoxville, Tennessee, Appellant, Pro Se.

Aubrey L. Davis, Knoxville, Tennessee, Appellee, Pro Se.

Judge: CANTRELL

This is an action for legal malpractice against a court-appointed attorney in a criminal case. The Circuit Court of Knox County entered a judgment for the defendant. We affirm.


TN Court of Criminal Appeals

PERRY KIRKMAN v. STATE OF TENNESSEE

Court: TN Court of Criminal Appeals

Attorneys:

David M. Hopkins, Nashville, Tennessee, for the appellant, Perry Kirkman.

Robert E. Cooper, Jr., Attorney General and Reporter; Meredith Devault, Senior Counsel; Victor S. Johnson, III, District Attorney General; and Rachel Sobrero, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The petitioner, Perry Kirkman, pled guilty in the Davidson County Criminal Court to two counts of aggravated sexual battery and received concurrent sentences of fifteen years in the Tennessee Department of Correction (TDOC). Thereafter, he filed for post-conviction relief, alleging that his counsel was ineffective and that his guilty pleas were not knowingly and voluntarily entered. The post-conviction court denied the petition, and the petitioner timely appealed. Upon review, we affirm the judgment of the post-conviction court.


STATE OF TENNESSEE v. RONALD GENE PULLON

Court: TN Court of Criminal Appeals

Attorneys:

Steve Wallace, District Public Defender; William A. Kennedy (on appeal) and W. Andrew Kennedy (at trial), Assistant Public Defenders; for the appellant, Ronald Gene Pullon.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Barry Staubus, District Attorney General; and Teresa A. Nelson, Assistant District Attorney General; for the appellee, State of Tennessee.

Judge: WILLIAMS

Defendant was convicted after a trial by jury of two counts of sexual battery, Class E felonies. He was sentenced to eighteen months probation on each count, with the sentences to be served concurrently. On appeal, the defendant claims that the trial court erred by ruling that the defendant could not cross-examine the victim concerning her history of mental illness and use of prescription medications. After review, we conclude that the trial court did not err by limiting the scope of the defendant’s cross-examination of the victim. We affirm the judgments of the trial court accordingly.


STATE OF TENNESSEE v. RAYMOND LEE SWETT, JR.

Court: TN Court of Criminal Appeals

Attorneys:

Joy Kimbrough, Nashville, Tennessee, for the appellant, Raymond Lee Swett, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; Meredith Devault, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Rachel Sobrero and J. Wesley King, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WITT

The defendant, Raymond Lee Swett, Jr., appeals his Davidson County Criminal Court jury convictions of aggravated burglary, especially aggravated kidnapping, second degree murder, and felony murder, claiming that (1) the evidence was insufficient to support his convictions of especially aggravated kidnapping, second degree murder, and felony murder; (2) the trial court erred by refusing to grant his motion for a mistrial; (3) the trial court erred by effectively amending the indictment via the instructions to the jury; and (4) the sentence was excessive. Discerning no error, we affirm the judgments of the trial court.


Today's News

Bradley Arant Expanding Nashville Office

Bradley Arant Boult Cummings, Nashville’s third-largest law firm, is expanding its Music Row Roundabout office by 12,500 square feet to accommodate growth at the firm. Bob Patterson, partner at the Birmingham-based firm’s Nashville office, told the Nashville Business Journal the firm will expand onto the sixth flood of Roundabout Plaza where it also occupies the seventh, eighth and ninth floors. Construction is expected to start the beginning of May, with the hope that the firm can begin using the space by September.


Pharmacy Blames Cleaning Company for Meningitis Outbreak

The Boston Globe reports that the New England Compounding Center -- the pharmacy linked to the nationwide meningitis outbreak -- is attempting to get its cleaning contractor to take responsibility for problems in its factory. The firm, UniFirst, acknowledges that a subsidiary helped clean portions of the pharmacy’s cleanroom facility, but a spokesperson called the claims “unfounded and without merit.”


Arnold Appointed General Sessions Judge

Robert D. “Don” Arnold became the third General Sessions Judge for Washington County after being appointed by the Washington County Commission during a special meeting  Thursday. He was immediately sworn in by Criminal Court Judge Robert E. Cupp.


DOJ Reaches $1.4 Billion Gulf Spill Settlement

The Justice Department has reached a $1.4 billion settlement with Transocean Ltd., the owner of the Deepwater Horizon drilling rig that exploded in 2010, killing 11 workers and spawning a massive oil spill in the Gulf of Mexico. In addition to the $1 billion in civil penalties and $400 million in criminal penalties, the Switzerland-based company must plead guilty to a misdemeanor charge of violating the Clean Water Act and implement a series of operational safety and emergency response improvements to its rigs.


U.S. Will Not Retry Whistleblower Case

The Department of Justice yesterday told U.S. District Judge John D. Bates that it will not try again to sue the watchdog group Project on Government Oversight for sharing $400,000 of a $1.2 million whistleblower settlement with Richard A . Bearman, a government economist at the time, for exposing oil companies’ underpayment of royalties to the government 14 years ago. The government argued the payment violated a federal ban on supplementing the salary of an executive branch employee, but the jurors split 7-1, causing the judge to declare a mistrial.


House Approves $9.7 Billion in Flood Aid

The House voted 354-67 to provide $9.7 billion to pay insurance claims in areas devastated by Superstorm Sandy, the Chattanooga Times Free Press reports. The bill gives more borrowing authority to the National Flood Insurance Program to pay about 115,000 pending claims.


Former Staffer Sues GOP for Defamation

Former Tennessee Republican Party chief of staff Mark Winslow is including the state party in a defamation suit against U.S. Rep. Chuck Fleischmann, R-Chattanooga, and advisor Chip Saltsman, the Tennessean reports. Winslow claims a television ad that ran shortly before the 2010 Republican primaries stated that Fleischmann's opponent, and former party chairwoman, Robin Smith paid “lavish bonuses” to staff, including Winslow. The suit states the ad may have referred to the severance payment Winslow received although it was supposed to be confidential. Winslow claims the depiction of his payment was libelous and that he lost political consulting work as a result.


 
 

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About this publication: Today's News is a compilation of digests of news reports of interest to Tennessee lawyers compiled by TBA staff, links to digested press releases, and occasional stories about the TBA and other activities written by the TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.


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