TBA public service program earns national award

The TBA's public education program "Freedom's Foundation: The American Legal System" has been chosen as winner of the 2006 Lexis Nexis Community and Educational Outreach Award from the National Association of Bar Executives. An initiative of TBA President Bill Haltom, the program has reached thousands of people across Tennessee. TBA Programs Director Lynn Pointer coordinated efforts of the Public Education Committee -- chaired by Sevierville attorney Cindy Wyrick -- in distributing videos, presentations and speaking materials. TBA Executive Director Allan Ramsaur and Assistant Executive Director Barry Kolar were also part of the team leading the project. Read more about the program at

http://www.tba.org/standup/

TODAY'S OPINIONS
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

DENVER AREA MEAT CUTTERS AND EMPLOYERS PENSION PLAN, ET AL. v. JAMES L. CLAYTON, ET AL.

Corrected. The correction is adding atty Edward J. Fuhr as counsel.


Court: TCA

Attorneys:

James J. Hayes, Annandale, Virginia, appellant, appearing pro se.

John T. Winemiller and John A. Lucas, Knoxville, Tennessee, and Edward J. Fuhr, Richmond, Virginia, for the appellees Clayton Homes, Inc., and James L. Clayton, Kevin T. Clayton, C. Warren Neel, B. Joe Clayton, Steven G. Davis, Dan W. Evins, Wilma H. Jordan, and Thomas N. McAdams.

Judge: SHARON G. LEE,

In this appeal, Mr. Hayes, a shareholder of Clayton Homes, Inc., argues that the trial court erred in approving the settlement of a shareholder class action complaint filed by Denver Area Meat Cutters and Employers Pension Plan, et al., also a shareholder of Clayton Homes, Inc., against members of Clayton’s board of directors on behalf of Clayton’s shareholders. The complaint charged the directors with breach of fiduciary duties in connection with the acquisition of Clayton by Berkshire Hathaway, Inc. and in connection with an associated merger of Clayton and a Berkshire subsidiary. Mr. Hayes contends that the trial court erred in approving the settlement because the trial court did not consider the potential recovery of damages had the case proceeded to trial, because the settlement resulted in a great disparity between the per share recovery of Clayton shareholders and the award of attorney’s fees to Denver’s counsel, and because the complaint filed by Denver did not include proxy fraud claims or assert Delaware’s entire fairness doctrine. We affirm the judgment of the trial court and remand.

http://www.tba2.org/tba_files/TCA/2006/denvermeatCorr051106.pdf


STATE OF TENNESSEE v. MICHAEL JAMES GRUBB

Corrected.


Court: TCCA

Attorneys:

David W. Tipton, Bristol, Tennessee, for the appellant, Michael James Grubb.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Greeley Wells, District Attorney General; and William B. Harper, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: DAVID H. WELLES

This is a direct appeal as of right from a conviction on a jury verdict for aggravated robbery. The Defendant was sentenced as a Range I, standard offender to twelve years in the Department of Correction. On appeal, the Defendant raises four issues: (1) the trial court erred in overruling his motion to suppress evidence obtained during a search of his car, (2) the trial court erred in allowing into evidence the preliminary hearing testimony of a police officer who was deceased at the time of trial, (3) the evidence was insufficient to find him guilty of aggravated robbery, and (4) his sentence is excessive. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/grubbmCorr051106.pdf


STATE OF TENNESSEE v. ROBERT EDWARD JOFFE

Court: TCCA

Attorneys:

J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Robert Edward Joffe.

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

Judge: JERRY L. SMITH

The appellant, Robert Edward Joffe, was indicted for assault, resisting arrest and two counts of disorderly conduct. After a jury trial, the appellant was convicted of assault, resisting arrest and one count of disorderly conduct. The trial court sentenced the appellant to eleven months and twenty-nine days for assault, six months for resisting arrest and thirty days for disorderly conduct. The trial court ordered the sentences to run concurrently and ordered that the appellant serve ninety days of the sentence in jail with the remainder of the sentence to be served on probation. The appellant appeals, arguing that the evidence was insufficient to justify the convictions and that the trial court erred in sentencing the appellant. Because the evidence was sufficient for a rational trier of fact to determine that the appellant committed the crimes as charged and because the trial court did not err in sentencing the appellant, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/joffer051106.pdf


TODAY'S NEWS

Legal News
Passages
Election 2006
Legislative News
TBA Member Services

Legal News
On-again off-again: Alley execution stayed
The state this afternoon asked a federal appeals court to step in and allow the execution of a Memphis-area man accused of raping and killing a young Marine 21 years ago. Sedley Alley, 50, was scheduled to be executed next Wednesday morning at a Nashville prison. His execution was stayed this morning by U.S. District Judge Aleta Trauger in Nashville. The state, in turn, has appealed Trauger’s order to the 6th U.S. Circuit Court of Appeals. Read the story in the Tennessean. For more information, including today's injunction, stay and emergency application for an order requiring preservation of evidence, go to the
Administrative Office of the Courts web site.
Study: 4 of 10 malpractice filings groundless
About 40 percent of the medical malpractice cases filed in the United States are groundless, according to a Harvard analysis of the hotly debated issue that pits trial lawyers against doctors, with lawmakers in the middle. Many of the lawsuits analyzed contained no evidence that a medical error was committed or that the patient suffered any injury, the researchers reported.
Read the Commerical Appeal story
Man to graduate from same law school that rescued him
In 1996, inmate Christopher Ochoa was about to end it all but tomorrow, the first person ever exonerated by the Wisconsin Innocence Project will graduate from law school. The Innocence Project is a University of Wisconsin-Madison law school course that investigates possible wrongful convictions, especially in cases where there's DNA evidence.
WREG-TV has this account
Wife showed no grief in 'closeted lover' murder case
What is and what isn't an "excited utterance," is one of the subjects lawyers are debating during a pretrial hearing in the Davidson County case of Martha Freeman and the man she said she had harbored in her closet for a month, Rafael DeJesus Rocha-Perez, before her husband was murdered. They are both charged with first-degree murder. Read the story in the
Tennessean.
Passages
Julie Alexander Grinalds dies
Julia 'Julie' Clayton Alexander Grinalds, 58, died Wednesday, May 10, following a short battle with cancer. She graduated from the Nashville School of Law in 1982 and was a past president of both the Jackson-Madison County Bar Association and the Lawyers' Association for Women, Anne Schneider Chapter. She was a charter member of the Tennessee Lawyers' Association for Women, and a past chair of theTennessee Bar Association Family Law Section. A memorial service will be held on Saturday at Arrington Funeral Home in Jackson at 2 p.m. Visitation with the family will be at the funeral home on Friday from 5 to 7 p.m. Memorials may be sent to the Carl Perkins Child Abuse Prevention Center, P.O. Box 447, Jackson TN 38302, or the American Cancer Society, 2935 Hwy. 45 By-pass, Jackson TN 38305. Read more in
The Jackson Sun.
Election 2006
Moore to run for reelection in West Tennessee
Judge Lee Moore has announced his candidacy for re-election as Lake/Dyer Circuit Court judge in the Aug. 3 General Election. Read more in
The Lake County Banner.
Legislative News
Track legislation of interest to Tennessee attorneys
The TBA Action List tracks bills in the General Assembly that the TBA has a direct interest in. This means it has either initiated the legislation, taken a postiion on the bill or has a policy on the issue. The TBA Watch List is a broader list of bills of interest to the Tennessee legal community.
TBA Bill Tracking Service
TBA Member Services
Win with the FedEx Salute to Small Business!
Love your business but not your office? FedEx is offering a chance to win the FedEx $10,000 Office Makeover Sweepstakes as part of the FedEx Salute to Small Business. FedEx has everything you need to change the way you feel about your office, ground and express shipping, printing, copying, signs and more. Want more chances to win? Play the FedEx Salute to Small Business Instant Win Game daily for a chance to win golf merchandise, Starbucks Coffee gift cards, American Express Gift Cheques and more. See fedexsalute.com for official rules. Game ends May 31. For more information about FedEx benefits, visit the
TBA member services page

 
 
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