Wednesday, September 11, 2013

 
 

Solicitor General Young Picked to Lead AOC

Bill Young has been appointed administrative director of the Administrative Office of the Courts by the Tennessee Supreme Court. Young — who has served as solicitor general in the Tennessee Attorney General’s office for more than two years — will take on the position held by Libby Sykes, who announced her retirement in August after 27 years in state government. “Bill Young’s years of experience in the attorney general’s office, especially as solicitor general, and in the private sector, as general counsel for BlueCross BlueShield, place him in good stead to lead the administration of the judiciary for years to come,” said Tennessee Supreme Court Chief Justice Gary Wade.

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
02 - TN Court of Appeals
02 - 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 Criminal Appeals

STATE OF TENNESSEE v. MARQUON L. GREEN

Court: TN Court of Criminal Appeals

Attorneys:

Jeremy B. Epperson (on appeal) and Susan Korsnes (at trial), Jackson, Tennessee, for the appellant, Marquon L. Green.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Senior Counsel; James G. Woodall, District Attorney General; and Jody Pickens, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

A Madison County Circuit Court Jury convicted the appellant, Marquon L. Green, of aggravated robbery, and the trial court sentenced him as a Range I offender to ten years to be served at 85%. On appeal, the appellant contends that the evidence is insufficient to support the conviction. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court.


CANTRELL LASHONE WINTERS v. STATE OF TENNESSEE

Court: TN Court of Criminal Appeals

Attorneys:

Chelsea Nicholson and Matthew P. Stephens, Nashville, Tennessee, for the appellant, Cantrell Lashone Winters.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Bret Gunn, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: PAGE

Petitioner, Cantrell Lashone Winters, stands convicted of possession of 50 grams or more of hydromorphone in a school zone with intent to sell, a Class A felony, and Class E felony evading arrest. See State v. Cantrell Lashone Winters, M2009-01164-CCA-R3-CD, 2011 WL 1085101, at *1 (Tenn. Crim. App. March 24, 2011), no perm. app. filed. The trial court sentenced him to an effective sentence of thirty-four years in the Tennessee Department of Correction. Petitioner filed for post-conviction relief, alleging that he had received ineffective assistance of counsel. The post-conviction court denied relief, and petitioner now appeals. Following our review, we affirm the judgment of the post-conviction court.


TN Court of Appeals

JOHN D. GLASS v. SUNTRUST BANK, ET AL.

Court: TN Court of Appeals

Attorneys:

Donald W. Pemberton, Memphis, Tennessee, for the appellant, John D. Glass.

Olen W. Bailey, Jr., Memphis, Tennessee, for the appellees, Suntrust Bank; Suntrust Bank, Trustee of the Ann Haskins Whitson Glass Trust; and Suntrust Bank, Executor of the Estate of Ann Haskins Whitson Glass.

Judge: HIGHERS

Plaintiff beneficiary filed an action challenging the reasonableness of an executor’s fee taken by SunTrust as Executor. The probate court upheld the executor’s fee, and Plaintiff then filed an action against SunTrust Bank and SunTrust as Trustee. The trial court ultimately granted summary judgment to Defendants based upon collateral estoppel and res judicata. We reverse the grant of summary judgment in favor of Defendants and we remand for further proceedings.


ELIZABETH LaFON WESTERN VINSON v. JAMES GERALD VINSON

Court: TN Court of Appeals

Attorneys:

James Gerald Vinson, Enville, TN, pro se (David W. Camp, Jackson, TN, filed a brief on behalf of Mr. Vinson but was allowed to withdraw as counsel by order of the Court dated February 4, 2013.).

C. Timothy Crocker, Michael A. Carter, J. Noble Grant, III, Ryan L. Hall, Milan, Tennessee, for the appellee, Elizabeth LaFon Western Vinson.

Judge: HIGHERS

This is an appeal from a final decree of divorce. Father challenges numerous rulings by the trial court, regarding both parenting issues and financial issues. We affirm in part, as modified, we reverse in part, and we remand for further proceedings consistent with this opinion.


2014 Rules Package Published for Comment

The Tennessee Supreme Court today published the annual package of recommendations from the Advisory Commission on Rules of Procedure and Evidence. Proposals include new authority for appellate courts to suspend rules; requirements for electronic copies of transcripts; specification of the color of applications; responses and amici in TRAP 9 and 11 matters; and refinement of criminal contempt provisions. Four TBA sections -- Appellate Practice, Litigation, Tort and Insurance Law and Criminal Justice -- will be asked to review the recommendations and propose comments on behalf of the association. Comments on the proposals are due Nov. 27. 


Knoxville Attorney Receives Bar’s Highest Award

James A. H. Bell received the Joseph B. Jones Memorial Lifetime Achievement Award, the highest honor awarded by the Tennessee Association of Criminal Defense Lawyers (TACDL) at the association's annual meeting. The Jones Award is periodically awarded to the one criminal defense attorney who best exemplifies the criminal defense lawyer in the state of Tennessee, who possesses the passion for, the devotion to and mastery of the skill of defending the accused, along with a career long commitment to TACDL. Bell is a senior practicing attorney at the Law Offices of James A.H Bell, P.C. in Knoxville and Sevier County. Download the press release for more information.


Huff Appointed to ABA Ethics Committee

Nashville mediator Marnie Huff was appointed by the ABA Section of Dispute Resolution to a national ethics position. She will serve as Section representative on the ABA Center for Professional Responsibility/Section Officers Conference Joint Committee on Ethics and Professionalism. Huff is also an elected member of the Section of Dispute Resolution Council and co-chair of the Section’s Advanced Mediation and Advocacy Skills Institute.


Ethics Commission Declines to Fine Ingram

The Tennessee Ethics Commission has declined to fine political advisor Tom Ingram and his partner Marcille Durham for failing to disclose of lobbying relationship, the Tennessean reports. Commissioners decided not to penalize Ingram and Durham for not filing paperwork in 2012 and 2013 showing they had been hired to lobby for Hillsborough Resources, a firm hoping to win permission to mine on public land on the Cumberland Plateau, eliminating the serious allegations that Ingram exhibited inappropriate influence over Gov. Bill Haslam and Mayor Karl Dean’s administrations.


Court Rules Privacy Case Against Google Can Proceed

A federal appeals court ruled yesterday that a lawsuit accusing Internet giant Google of illegal wiretapping could proceed, the New York Times reports. The ruling has its origins in a much-publicized Google initiative, Street View, which tried to map the inhabited world. In addition to photographs, Street View vehicles secretly collected e-mail, passwords, images and other personal information from unencrypted home computer networks. “This is an important opinion for privacy rights,” said Nashville attorney Kathryn E. Barnett of Lieff Cabraser Heimann & Bernstein, one of the law firms working for the plaintiffs. “It says that when you are in your home, you have a right to privacy in your communications. Someone just can’t drive by and seize them.”


Republican Group Seeks to Put More Women in Office

The Republican State Leadership Committee announced yesterday it plans to spend $6 million to recruit 300 women to run for office in the next election cycle. According to Memphis Daily News, the nation’s largest caucus of Republican state leaders is hoping to get at least 150 elected next year. "The whole point of this ... is to find qualified women who would like to be asked and would like to have the support of an organization like this," said Tennessee House Speaker Beth Harwell, R-Nashville.


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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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