Knoxville Lawyer Don Paine Dies

Knoxville attorney Donald F. Paine died on Sunday (Nov. 17). He was 74. A former president of both the Knoxville and Tennessee Bar Associations, Paine also was a founder of the Tennessee Law Institute and a well-known speaker and author. He was a founding member of the Tennessee Bar Journal Editorial Board and wrote a monthly column for the magazine, "Paine on Procedure," since 1989. A graduate of the University of Tennessee College of Law, Paine was of counsel with the firm of Paine, Tarwater, and Bickers LLP. Among awards he had received were the Knoxville Bar Barristers Law and Liberty Award, the Knoxville Bar Association Pro Bono Award, the Tennessee Bar Association Pro Bono Award and the Chancellor's Award from the University of Tennessee. He is the only adjunct faculty member to receive that award. Arrangements are incomplete at this time.

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.

01 - TN Supreme Court
00 - TN Workers Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
06 - 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









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TN Supreme Court

SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TN Supreme Court


TN Court of Appeals

C.L. GILBERT, JR. v. IZAK FREDERICK WESSELS, M.D.

Court: TN Court of Appeals

Attorneys:

David J. Ward and Alix C. Michel, Chattanooga, Tennessee, for the appellant, Izak Frederick Wessels, M.D.

Marvin B. Berke and Jeremy M. Cothern, Chattanooga, Tennessee, for the appellee, C.L. Gilbert, Jr.

Judge: FRIERSON

This Court granted an extraordinary appeal in this health care liability action to determine whether the trial court abused its discretion in declining to waive the contiguous state requirement for a testifying expert witness set forth in Tennessee Code Annotated §29-26- 115(b). Discerning no error, we affirm.


MARLIN FINANCIAL & LEASING CORP. v. LUCIUS E. BURCH, III

Court: TN Court of Appeals

Attorneys:

F. Scott LeRoy, Chattanooga, Tennessee, for the appellant, Marlin Financial & Leasing Corp.

William N. Helou and R. Mark Donnell, Nashville, Tennessee, for the appellee, Lucius E. Burch, III.

Judge: SWINEY

This appeal arises from a dispute over the enforcement of guaranty agreements in light of a bankruptcy. Marlin Financial & Leasing Corp. (“Marlin”) sued Lucius E. Burch, III (“Burch”) in the Chancery Court for Hamilton County (“the Trial Court”) alleging breach of contract, conversion, and, unjust enrichment. Marlin asserted that Burch owed money under certain guaranty agreements he had signed for leases entered into by Marlin. After a trial, the Trial Court dismissed the case for lack of jurisdiction. Marlin appeals to this Court. We hold that, given the Bankruptcy Court’s orders deeming all claims related to the leases at issue satisfied, the Trial Court lacked subject matter jurisdiction. We affirm the judgment of the Trial Court.


TN Court of Criminal Appeals

ELMI ABDULAHI ABDI V. STATE OF TENNESSEE

Court: TN Court of Criminal Appeals

Attorneys:

Elaine Heard, Nashville, Tennessee, for the appellant, Almi Abdulahi Abdi.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; Victor S. (Torry) Johnson III, District Attorney General; and Rachel Sobrero, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: BIVINS

Elmi Abdulahi Abdi (“the Petitioner”) was convicted by a Davidson County jury of attempted aggravated robbery, a Class C felony, and was sentenced to ten years in the Tennessee Department of Correction, consecutive to a previous sentence. The Petitioner filed for post-conviction relief. Following an evidentiary hearing, the post-conviction court denied his petition for post-conviction relief. The Petitioner now appeals, arguing that his counsel was ineffective for: (1) failing to compel the production of crime scene surveillance video; (2) failing to adequately challenge the admission of video clips of his interview with police; and (3) failing to file a timely motion for new trial. After a thorough review of the record and the applicable law, we hold that the Petitioner’s trial counsel was deficient in failing to file a timely motion for new trial and that the Petitioner was presumptively prejudiced by that deficiency. Therefore, we grant the Petitioner a delayed appeal.


STATE OF TENNESSEE v. SHAKENDRA N. BOGGS

Court: TN Court of Criminal Appeals

Attorneys:

Matthew J. Crigger (on appeal), Franklin, Tennessee, and Stacey Schlitz (at hearing), Nashville, Tennessee, for the appellant, Shakendra N. Boggs.

Robert E. Cooper, Jr., Attorney General and Reporter; Tracy L. Bradshaw, Assistant Attorney General; and Kim R. Helper, District Attorney General, for the appellee, State of Tennessee.

Judge: BIVINS

Shakendra N. Boggs (“the Defendant”) pleaded guilty to one count of theft over $500 but under $1,000, with no agreement as to her sentence other than that she would be sentenced as a Range I offender. After a sentencing hearing, the trial court ordered the Defendant to serve eighteen months in split confinement with 104 days to be served in jail on 52 consecutive weekends. The Defendant has appealed, alleging error in both the length and manner of service of her sentence. Upon our thorough review of the record and the applicable law, we affirm the judgment of the trial court.


STATE OF TENNESSEE v. RODERICK CHADWICK

Court: TN Court of Criminal Appeals

Attorneys:

Kara Everett, Mt. Juilet, Tennessee (on appeal); Claire O’Brien King, Nashville, Tennessee (at trial); and Fikisha Liki Swader, Nashville, Tennessee (at trial), for the appellant, Roderick Chadwick.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; Hugh T. Ammerman, III, and Elen Forrester, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: THOMAS

On December 2, 2005, the Defendant, Roderick Chadwick, was indicted for selling less than .5 grams of cocaine, a Class C felony; possession of .5 grams or more of cocaine with intent to sell or deliver, a Class B felony; possession of not less than one-half ounce nor more than ten pounds of marijuana with intent to sell or deliver, a Class E felony; possession of drug paraphernalia, a Class A misdemeanor; and evading arrest, a Class A misdemeanor. See Tenn. Code Ann. §§ 39-16-603(a), -17-417, -17-425. The State later dismissed all counts of the indictment except for the counts for selling less than .5 grams of cocaine and evading arrest. Following a jury trial, the Defendant was convicted of both counts. The trial court sentenced the Defendant to an effective sentence of fifteen years. On appeal, the Defendant contends (1) that the evidence was insufficient to sustain his conviction for selling less than .5 grams of cocaine; and (2) that the trial court erred by not allowing the Defendant to crossexamine the undercover officer involved in the drug buy about “inaccurate testimony” he had given in a prior unrelated criminal prosecution. Discerning no error, we affirm the judgments of the trial court.


STATE OF TENNESSEE v. CHRISTOPHER LEE HALL

Court: TN Court of Criminal Appeals

Attorneys:

Matthew J. Collins, Assistant Public Defender, Shelbyville, Tennessee, for the appellant, Christopher Lee Hall.

Robert E. Cooper, Jr., Attorney General and Reporter; Meredith DeVault, Senior Counsel; Charles Crawford, District Attorney General; and Michael D. Randles, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: BIVINS

Christopher Lee Hall (“the Defendant”) pleaded guilty to one count of soliciting sexual exploitation of a minor by electronic means. The plea bargain provided that the Defendant would be sentenced to nine years as a Range I standard offender, with the manner of service to be determined by the trial court. After a sentencing hearing, the trial court ordered the Defendant to serve his sentence in confinement. The Defendant has appealed, arguing that the trial court should have granted him probation. Upon our thorough review of the record and the applicable law, we affirm the judgment of the trial court.


IN RE SPARTA BAIL BONDS, a/k/a FREEDOM BAIL BONDS

Court: TN Court of Criminal Appeals

Attorneys:

Mark E. Tribble, Cookeville, Tennessee, for the appellant, Sparta Bail Bonds, a/k/a Freedom Bail Bonds.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Randall A. York, District Attorney General; and Philip Hatch, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: THOMAS

The Appellant, Sparta Bail Bonds, a/k/a Freedom Bail Bonds, appeals the Putnam County Criminal Court’s denial of its petition to obtain bonding privileges. The Appellant contends that the evidence did not support the trial court’s denial. Following our review, we affirm the judgment of the trial court.


STATE OF TENNESSEE v. CHARLES BRADFORD STEWART

Court: TN Court of Criminal Appeals

Attorneys:

Roger E. Nell, District Public Defender (on appeal), and Hugh R. Poland, Jr., Clarksville, Tennessee (at trial, on first direct appeal, and on resentencing), for the appellant, Charles Bradford Stewart.

Robert E. Cooper, Jr., Attorney General and Reporter; Tracy L. Bradshaw, Assistant Attorney General; John W. Carney, District Attorney General; and Jason Criddle, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The defendant, Charles Bradford Stewart, appeals from his Montgomery County Circuit Court jury conviction of vehicular assault, claiming that the evidence was insufficient to support his conviction. Because the defendant’s challenge to the sufficiency of the evidence is procedurally barred and because the defendant raises no other challenge to the judgment of the trial court, we affirm.


Google, States Settle Privacy Dispute

Tennessee today joined 36 other states in an agreement with Google that will send $17 million to the states and the District of Columbia. At issue between the states and Google were allegations that the company had issued misleading advice regarding privacy settings on some Safari web browsers, which allowed Google to operate user tracking devices without users' knowledge. Read more from the Tennessee Attorney General's office.


Gov. Transparency Will Suffer From Ruling, Advocates Say

Transparency advocates are worried that a recent Tennessee appeals court ruling might keep many documents secret from the public, the Chattanooga Times Free Press reports. The decision upheld a lower court's ruling that then-Gov. Phil Bredesen's administration was justified in denying the release of records on the basis that they were part of the "deliberative process" about how to deal with demonstrators encamped at the state capitol in 2005 to protest TennCare cuts. "Now that it has been recognized, every public official, starting at the lowest level and running to the top can say, 'Oh, you can't find out what was going on, that's part of the deliberative process privilege,'" Tennessee Press Association attorney Rick Hollow said.


Class Action Suit Pits Players Against NCAA

Georgia and Auburn went head to head in one of the most exciting games of the week on Saturday, but both before and after the action ended, the players were all on the same team. A federal judge on Nov. 8 declared a case brought by the nonprofit National College Players Association as a class action, meaning that all Division I men's basketball players and bowl-subdivision football players are suing the NCAA unless they opt out. If they win, they will receive a slice of college sports revenue, including profits from broadcast rights contracts. Read more from Barrons.


Memphis Moot Court Team Advances to Nationals

Memphis Law School’s National Moot Court team of Chelsea Harris and Courtney Sharp reached the finals in regional competition this past weekend in Knoxville and qualified for the national finals in New York this February. After defeating the Mississippi College of Law, Louisiana State and the University of Tennessee, the team is among 30 to qualify for nationals.


New K-9 Staffer Helps Calm Crime Victims

The newest member of the Clarksville District Attorney’s office is a docile, black Lab, whose presence often calms children and other victims of rape and sexual assault. The Leaf Chronicle introduces us to Orson, a 2-year-old black lab/golden retriever mix that was specifically bred and trained from birth to serve those with special needs.


Services Tuesday for Former Jasper City Attorney

Former Jasper city attorney Paul DeWitt Kelly Jr. died Saturday (Nov. 16). He was 86. A graduate of Vanderbilt University and its law school, Kelly was a descendant of Alexander Kelly, one of the founders of the state of Tennessee. He practiced law in Jasper as both a solo practitioner and a partner in Kelly and Kelly Attorneys, where he remained of counsel after his retirement. Kelly was active in the profession, serving as a member of the Tennessee Bar Association, the Tennessee Bar Foundation and Marion County Bar Association, which he also led as president. A private burial was to be held at Forest Hills Cemetery today. A memorial service will be held Tuesday at 3 p.m. at the Church of the Good Shepherd. A reception will follow, the Chattanoogan reports.


Services Saturday for Miller & Martin Partner

Memorial services will be held Saturday for Chattanooga attorney and Miller & Martin partner James Guy Beatty Jr., who died Nov. 12 after a long illness. He was 82. A graduate of the University of Florida and the Emory University School of Law, Beatty served as corporate secretary of the Navarre Corp., Chattanooga Times Printing Company, Olan Mills Inc. and Coca-Cola Enterprises Inc. He also served as director of the Krystal Company, Brock Candy Company, Volunteer State Life Insurance Company, Chubb Life Insurance Company, Chattanooga ChooChoo Company and numerous other corporations. He was a member of the Tennessee Board of Law Examiners and chair of the board of directors for the National Conference of Bar Examiners. The Chattanoogan.com reports that services will be at the Episcopal Church of the Good Shepherd on Lookout Mountain at 11 a.m. on Saturday. Members of the family will receive friends at the church’s Talbird Hall prior to the service at 10 a.m.


Bradley Attorney Seeking 10th District Judicial Post

Longtime Bradley County attorney Bill Brown tells the Cleveland Daily Banner that he is running in the Republican primary for 10th Judicial District Circuit Court Judge, Part 3. The seat is currently held by Judge Carroll Ross, who is retiring on Aug. 31, 2014. The 10th Judicial District covers Bradley, McMinn, Polk and Monroe counties. The judicial post traditionally has heard only criminal cases.


Advanced Analysis for Competency, Evaluations and Sex Crimes

The TBA Criminal Justice Section is presenting a program that offers an advanced analysis of the practice of criminal law. This Dec. 6 program in Nashville will provide insight into psychological evaluations and competency testing for juveniles and adults, with special consideration given to cases involving sex crimes. The program also will discuss how to deal with a handwriting expert during trial. Find out more or register now.


Protect Your Practice with the Bar Plan

Protecting your practice and your family from an unexpected loss is a priority for many TBA members. The Bar Plan program provides TBA members with the most comprehensive and fairly priced professional liability coverage available. Learn more online.


 
 

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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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