Anti-predator group moves on loan law

With a predatory mortgage lending bill ready to become law, the Memphis-Shelby County Anti-Predatory Lending Coalition zeroed in on new targets Wednesday. Members suggested aiming at required free counseling for high-cost mortgage borrowers, auto title and payday lending abuses and bringing people up to speed on the new legislation, the Commercial Appeal reports.

"The prevailing wisdom didn't give it (comprehensive legislation governing high-cost mortgage loans) a chance to pass," said Webb Brewer, lawyer with Memphis Area Legal Services, who spearheaded coalition efforts on the bill. "We went against the power structure of Tennessee, the big money boys, the big time lobbyists and we won," said Warner Dickerson, member from the NAACP. "We won because we had a coalition." Gov. Bredesen is expected to sign the bill in the next two weeks.

http://www.commercialappeal.com/mca/local/article/0,2845,MCA_25340_4741176,00.html

TODAY'S OPINIONS
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ROBERT STEWART SHOFNER, M.D., v. ANN MARGARET KALISZ SHOFNER, M.D.

Court: TCA

Attorneys:

Thomas F. Bloom, Nashville, Tennessee, for the appellant, Ann Margaret Kalisz Shofner, M.D.

John J. Hollins, Sr. and James L. Weatherly, Jr., Nashville, Tennessee, for the appellee, Robert Stewart Shofner, M.D.

Judge: WILLIAM B. CAIN

The trial court ordered a parenting plan on September 19, 2002, which was the subject of a previous appeal to this Court. While that appeal was pending, the present petition and counter petition were tried and adjudicated in the trial court resulting in a trial court order that no change of circumstances had occurred between September 19, 2002, and the date of the supplemental proceedings ending June 8, 2004. By its order of July 12, 2004, the court found no material change of circumstances relating to the children and dismissed Appellant's counter petition. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCA/2006/shofnerr060106.pdf


TIME WARNER ENTERTAINMENT, L.P. v. LOREN CHUMLEY, COMMISSIONER OF REVENUE, STATE OF TENNESSEE

Court: TCA

Attorneys:

Michael G. Stewart, Ramin M. Olson, Nashville, Tennessee, and Neil I. Pomerantz, Denver, Colorado, for the appellants, Time Warner Entertainment, L.P.

Paul G. Summers, Attorney General and Reporter, and Stephen Nunn, Sr. Counsel, for the appellee, Commissioner of Revenue.

Judge: WILLIAM B. CAIN

The taxpayers appeal the Chancellor's dismissal under a Tennessee Rule of Civil Procedure 12.02(6) Motion of their refund claim. The claim sought exemption for sales and use taxes paid on alleged industrial machinery and purchases of labor for resale. We affirm the denial of the industrial machinery credit, reverse the denial of sales for resale credit and remand the case for further proceedings.

http://www.tba2.org/tba_files/TCA/2006/timewarner060106.pdf


STATE OF TENNESSEE, ex rel., SHARON DENISE TOWNSEND v. ERIC WAYNE WILLIAMSON

Court: TCA

Attorneys:

Steven G. Roberts, Memphis, Tennessee, for Appellant Eric Wayne Williamson.

Robert S. Weiss, Memphis, Tennessee, for Appellee Sharon Denise Townsend.

Judge: HOLLY M. KIRBY

This appeal concerns two related, but distinct, proceedings in Juvenile Court. One was a custody proceeding, and the other a contempt of court proceeding arising from a failure to comply with child support obligations. Separate docket numbers were assigned to each case. After a judgment was rendered in the contempt proceeding, the father filed a notice of appeal. Several months later, another judgment was rendered in the custody modification proceeding. No notice of appeal was filed for the custody modification proceeding. After the case was appealed to the Court of Appeals, the father obtained a consolidation order from the Juvenile Court. On appeal, the father argues only that the Juvenile Court erred in its custody order. Finding that neither of the two orders is final and appealable, we must dismiss the fatherís appeal based upon a lack of jurisdiction and remand all proceedings to the Juvenile Court.

http://www.tba2.org/tba_files/TCA/2006/townsends060106.pdf


JULIA YVONNE GRAHAM WALKER v. HENRY MARTIN WALKER, JR.

Court: TCA

Attorneys:

John W. Cleveland, Sweetwater, Tennessee, for the Appellant, Julia Yvonne Graham Walker.

Robert D. Arnold, Johnson City, Tennessee, for the Appellee, Henry Martin Walker, Jr.

Judge: SHARON G. LEE

In this divorce case, the issue presented is whether the trial court erred in denying the Wife post-judgment relief pursuant to Tenn. R. Civ. P. 60.02(1). The Wife filed her Rule 60.02 motion over four months after the final divorce decree, which incorporated the terms of the parties' settlement agreement, was entered. She argued that the court's order did not accurately reflect the parties' true agreement, due to "mistakes, inadvertence, surprise or excusable neglect." We affirm the trial court's judgment that Wife has not made the required showing that she is entitled to relief under Tenn. R. Civ. P. 60.02(1).

http://www.tba2.org/tba_files/TCA/2006/walkerj060106.pdf


STEVEN RAY CHANCE (ARYAN RAY GARRETT) v. DAVID G. MILLS, STATE OF TENNESSEE

Court: TCCA

Attorneys:

Steven Ray Chance, Pro Se.

Paul G. Summers, Attorney General & Reporter; Sophia S. Lee, Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: J.C. MCLIN

The Petitioner, Steven Ray Chance, appeals the trial court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The State's motion is granted. The judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2006/chances060106.pdf


TOMMY DIXON v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Tommy Dixon, Pro Se.

Paul G. Summers, Attorney General & Reporter; Sophia S. Lee, Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: DAVID G. HAYES

The Petitioner, Tommy Dixon, appeals the trial court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Petitioner has failed to allege any ground that would render the judgments of conviction void. Accordingly, we grant the State's motion and affirm the judgment of the lower court.

http://www.tba2.org/tba_files/TCCA/2006/dixont060106.pdf


RYAN JAMES MORAN v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Ryan James Moran, Pro Se.

Paul G. Summers, Attorney General & Reporter; Brian C. Johnson, Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: DAVID G. HAYES

The Petitioner, Ryan James Moran, appeals the lower court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to allege any ground that would render the judgments of conviction void. Accordingly, we affirm the trial court's dismissal.

http://www.tba2.org/tba_files/TCCA/2006/moranr060106.pdf


TODAY'S NEWS

Legal News
Election 2006
TBA Member Services

Legal News
Prosecution uses video to make case against Dixon
Secretly recorded video of former state Sen. Roscoe Dixon shows him watching as $4,000 is passed from a government informant to his aide. The footage was shown to the jury during the first day of testimony in Dixon's federal bribery trial, the Commercial Appeal reports. Prosecutors argued that the 2003 video led federal investigators to believe Dixon was predisposed to wrongdoing and thus a target for the undercover FBI sting operation known as "Tennessee Waltz."

In related news, new details of an alleged Juvenile Court kickback scheme emerged yesterday.
Read more about that story here
Alley files motion in opposition to reset execution
Lawyers for Sedley Alley filed a motion Tuesday in opposition to the attorney general's recent request to set a new execution date. They also filed a supplement to the response to reset the execution date, stating that the criminal court refused to allow Alley to present any witnesses in support of his petition and, on May 30, orally denied the petition. "The judge stated that a written order would be issued today," the document says. "As of the filing of this supplement, Sedley Alley has yet to receive that written order. Sedley Alley fully intends to appeal the denial of relief by the trial court. There are significant issues to be addressed on appeal."
Read Alley's motion in opposition to set execution date.
Read the supplement to the response to reset execution date.
Johnson asks for DNA analysis
Death row inmate Donnie E. Johnson asked the Supreme Court not to reset his execution date, and petitioned the criminal court for Tennessee's 30th Judicial District for post-convictiion forensic DNA analysis. Johnson says the execution date should not be set because he has pending in the United States Court of Appeals for the Sixth Circuit an appeal of the federal district court's denial of his request for equitable relief, and because of the pending DNA request.
Read the petition for DNA analysis.
Read the response to the motion to reset execution date.
Committed to safe streets
They called "Operation Safe Community" a historic event because for the first time area law enforcement officials and political and business leaders have united to fight crime. The anti-crime initiative was kicked off this week. "Citizens want to feel safe when they go to the supermarket and walk down the street," said U.S. Atty. David Kustoff. "That is why with great enthusiasm we are here and have been committed since last year in making our community safe." Read details of the initiative in the
Commercial Appeal
Judges: teacher not at fault in fainting
A panel of state appellate court judges didn't feel a bit faint at the sight of a bloody re-enactment of a buzz-saw accident on a first-aid video. How then, the court asked, should a Knox County teacher have known a teenage girl who watched the same video in class might pass out? In an opinion released this week, the state Court of Appeals struck down a judge's finding of negligence in the case of a fainting 16-year-old girl and dismissed the case.
Read more in the Knoxville News Sentinel
March requests data on fugitive
Attorneys for former Nashville lawyer Perry March have asked a judge to give them information about the jail housing and movements of fugitive and child-rape suspect Jeremy Duffer, during the time Duffer and March were housed in the Metro Jail. The court file gives no indication of what role the information about Duffer, 35, would play in the defense of March, for whom jury selection was set to begin this morning in a murder-for-hire trial.
Read more in the Tennessean
Deadline still valid for suing Ohio clergy
Adults who accuse priests of abusing them as children must follow time limits for filing lawsuits despite the fact that the trauma of sexual abuse possibly causes reporting delays, the Ohio Supreme Court ruled Wednesday. The ruling overturns a decision by an appellate court, which had revived the case of a 37-year-old man who brought charges for the first time in 2004.
Read the story at TriCities.com
Election 2006
Testy term limits hearing goes into recess
After a long day of verbal sparring among nearly a dozen attorneys, Knox County Chancellor John Weaver was not even close to making his decision on whether commissioners must abide by term limits.
Learn more from WATE-6
Jones seeks another term as circuit judge
Robert L. Jones is seeking a new term as circuit judge, part III of the 22nd Judicial District, which consists of Maury, Giles, Lawrence and Wayne counties. Jones is running unopposed in the Aug. 3 election.
Read about his candidacy in The Daily Herald
TBA Member Services
Student loans at low rates through SunTrust
The TBA and SunTrust Bank now have a Partnership Program to help alleviate the burden of student loans. Members and their families can consolidate their federal student loans at a special low fixed rate - right now as low as 5.375%. In addition, those with consolidation loans greater than $10,000 are eligible to reduce their interest rate by another 1.5% for on-time payments and automatic debit payments.
Learn more

 
 
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