Attorneys to be honored for pro bono efforts

Three Tennessee attorneys who have made an outstanding commitment to public service will be honored Saturday during the Tennessee Bar Associationís annual Public Service Luncheon at the Tennessee state capitol. Shelby County Mayor A C Wharton will be keynote speaker at the event, which will honor Memphis University law student Betsy Prendergast, Memphis Area Legal Services attorney Webb Brewer and Nashville lawyer David Esquivel. Learn more about there good works in this monthís Tennessee Bar Journal.
TODAY'S OPINIONS
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

MILEY HOYT BELL EX REL. ROBERTA L. BELL v. TENNESSEE DEPARTMENT OF HUMAN SERVICES

Court: TCA

Attorneys:

Timothy L. Takacs, Hendersonville, Tennessee, for the appellant, Roberta L. Bell.

Paul G. Summers, Attorney General and Reporter, and Pamela A. Hayden-Wood, Senior Counsel, for the appellee, Tennessee Department of Human Services.

Judge: KOCH

This appeal involves a dispute between a widow and the Tennessee Department of HumanServices regarding the Departmentís denial of her deceased husbandís application for Medicaid nursing home benefits. The widow filed a petition for review in the Chancery Court forRobertson County asserting that the Department erred by classifying as available resources four tax deeds for real property in Georgia being held in her revocable trust. The trial court foundthat the Departmentís classification of the four tax deeds as available resources was supported by substantial and material evidence. The widow asserts on this appeal that the tax deeds should nothave been classified as available resources because they were ďunavailableĒ and because they were income-producing property. Like the trial court, we have determined that the Departmentís classification of the four tax deeds for real property in Georgia was correct.

http://www.tba2.org/tba_files/TCA/2006/bell_011306.pdf


WAYNE DAVIDSON v. QUENTON WHITE ET AL.

Court: TCA

Attorneys:

Wayne Davidson, Nashville, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Mark A. Hudson, Senior Counsel, for the appellees, Quenton White and Tim Terry.

Judge: KOCH

This appeal involves a dispute between a prisoner and the Tennessee Department of Correction regarding his eligibility to be considered for parole. The prisoner filed a civil rights action in the Circuit Court for Davidson County against the Department and three of its employees seeking declaratory relief and damages because he had not been declared eligible to be considered for parole. The Departmentís employees moved to dismiss the complaint because the prisoner hadfailed to specify whether they were being sued in their personal or official capacities. The court dismissed the complaint after being informed that the prisoner had been considered for and hadbeen denied parole. We have determined that the trial court properly dismissed the complaint.

http://www.tba2.org/tba_files/TCA/2006/davidsonw_011306.pdf


ROBERT L. LAMAR v. DONNA BLACKBURN ET AL.

Court: TCA

Attorneys:

Robert L. Lamar, Tiptonville, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Jennifer L. Brenner, Assistant Attorney General, for the appellees, Donna Blackburn, Charles Traughber, and Colis Newble, Jr.

Judge: KOCH

This appeal involves a prisoner seeking to be released on parole. After the Tennessee Board of Probation and Parole declined to release him on parole, the prisoner filed a petition for a common-law writ of certiorari in the Chancery Court for Davidson County seeking judicial review of the Boardís decision. The trial court dismissed the petition because it was not timely filed, and the prisoner has appealed. We agree with the trial courtís conclusion that the petition was not timely filed.

http://www.tba2.org/tba_files/TCA/2006/lamar_011306.pdf


LLOYD McPHERSON v. TENNESSEE BOARD OF PROBATION AND PAROLE

Court: TCA

Attorneys:

Lloyd McPherson, Only, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Jennifer L. Brenner, Assistant Attorney General, for the appellee, Tennessee Board of Probation and Parole.

Judge: KOCH

This appeal involves a prisoner seeking custodial parole. After the Tennessee Board of Probation and Parole denied his request, the prisoner filed a petition for a common-law writ of certiorari in the Chancery Court for Hickman County seeking judicial review of the Boardís decision. The trial court dismissed the petition because it was not timely filed, and the prisoner has appealed. We agree with the trial courtís conclusion that the petition was not timely filed.

http://www.tba2.org/tba_files/TCA/2006/mcphersonl_011306.pdf


RICHARD L. NORTHCOTT v. TENNESSEE BOARD OF PROBATION AND PAROLE ET AL.

Court: TCA

Attorneys:

Robert L. Lamar, Tiptonville, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Jennifer L. Brenner, Assistant Attorney General, for the appellees, Donna Blackburn, Charles Traughber, and Colis Newble, Jr.

Judge: KOCH

This appeal involves a prisoner seeking to be released on parole. After the Tennessee Board of Probation and Parole declined to release him on parole, the prisoner filed a petition for a common-law writ of certiorari in the Chancery Court for Davidson County seeking judicial review of the Boardís decision. The trial court dismissed the petition because it was not timely filed, and the prisoner has appealed. We agree with the trial courtís conclusion that the petition was not timely filed.

http://www.tba2.org/tba_files/TCA/2006/northcottrl_011306.pdf


STATE OF TENNESSEE v. EDDIE ELVETON ROBINSON GASTON

Court: TCCA

Attorneys:

Bruce E. Poston, Knoxville, Tennessee, for the appellant, Eddie Elveton Robinson Gaston.

Paul G. Summers, Attorney General and Reporter; John E. Bledsoe, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Leslie Nassios and Paula Ham, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WEDEMEYER

The Defendant, Eddie Gaston, was convicted of premeditated first degree murder, two counts of attempted first degree murder, especially aggravated kidnapping, and especially aggravated robbery. The trial court sentenced the Defendant to life in prison for the first degree murder conviction and to twenty-five years for each of the other convictions, and it ordered that all the sentences be served consecutively. On appeal, the Defendant contends that: (1) the evidence is insufficient to sustain any of his convictions; (2) the trial court erred when it ruled on several different evidentiary issues; and (3) the trial court committed sentencing errors. Finding that there exists no reversible error, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/gastone_011306.pdf


STATE OF TENNESSEE v. LARRY PEOPLES, ALIAS

Court: TCCA

Attorneys:

Stephen A. Burroughs, Knoxville, Tennessee, for the appellant, Larry Peoples, Alias.

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Philip Morton and Ta Kisha Fitzgerald , Assistant District Attorneys General, for the appellee, State of Tennessee

Judge: WILLIAMS

On appeal, the defendant, Larry Peoples, contends that: (1) the State improperly impeached defense witnesses by failing to request a jury-out hearing before cross-examining them regarding prior bad acts, pursuant to Tennessee Rule of Evidence 608; and (2) he was denied a fair trial when the trial court denied his request for a mistrial or a curative instruction. We conclude that, while the State certainly should have requested a jury-out hearing prior to impeaching the witnesses, the defendant waived the issue by failing to raise a timely objection. Therefore, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/peoplesl_011306.pdf


TODAY'S NEWS

Legislative News
Legal News
Online CLE

Legislative News
Legislators move to make attorney general elected post
There is a move underway in the legislature to elect the state's attorney general instead of having the position being appointed, WSMV reports. On Thursday morning, Democratic Sen. Rosalind Kurita and Republican Rep. Brian Kelsey filed a bill calling for election of the Attorney General.

Watson to fill Newton seat in General Assembly
Republican Eric Watson defeated interim state Rep. Sally Love in a special election yesterday for the House District 22 seat vacated by former Rep. Chris Newton after Newton pleaded guilty to bribery, the Tennessean reports.
NEWS02
Legal News
Hollingsworth first qualifier for Payne post, Stern kicks off campaign
Jeff Hollingsworth on Wednesday became the first candidate to qualify for the Circuit Court judge post being vacated by veteran Sam Payne, the Chattanoogan.com reports. Criminal Court Judge Rebecca Stern said she is kicking off her campaign with a reception on Jan. 31. No one has yet picked up papers to run against her in Division II.
article_78524.asp
Tennessee attorneys gather for leadership event
More than 100 Tennessee lawyers are gathered in Nashville this week for the Tennessee Bar Association's Mid Winter Leadership Conference. The event includes leadership training programs and business and planning sessions.

Bar offices closed for holiday
The Tennessee Bar Association offices will be closed on Monday, Jan. 16, in observance of Martin Luther King Day.

Law students to hear Court of Criminal Appeals cases
Law students at the Nashville School of Law will have an opportunity to hear oral arguments in a dozen Tennessee Court of Criminal Appeals cases when a three-member panel of judges sits in an appellate courtroom at the law school.
nsl_01_2006.html
Online CLE
Disaster Recovery: Your Ethical Duty
Tornados, fires and hurricanes happen. This new TennBarU online course will help you prepare for and respond to a disaster with the purpose of improving your chance to successfully recover from it.
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