Civics: glue for our union

The decline of civics education in public schools is producing citizens with no idea how their government works, an editorial in Sunday's Commercial Appeal says. A Harris Interactive poll on civics education conducted last year for the American Bar Association found that 55 percent of the respondents correctly identified the three branches of government -- legislative, executive and judicial. But more than a fifth of those surveyed, 22 percent, identified the three branches as Republican, Democrat and Independent. Some groups, including the Tennessee Bar Association, are working to bring more civics education into the classroom. Read the editorial:

http://www.commercialappeal.com/mca/opinion/article/0,1426,MCA_536_4813383,00.html

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

MARY JANE CHAMBERS, ET AL. v. JOHN R. SEMMER, M.D., ET AL.

Court: TSC

Attorneys:

Gary G. Spangler and Travis J. Ledgerwood, Knoxville, Tennessee, for the Appellant, John R. Semmer, M.D.

Edward G. White, II, and B. Chase Kibler, Knoxville, Tennessee, for the Appellant, Kenneth Cofer, M.D.

Timothy A. Priest and H. Stephen Gillman, Knoxville, Tennessee, for the Appellees, Mary Jane Chambers and J. Clayton Chambers.

Judge: E. RILEY ANDERSON

We granted review in this medical malpractice case to determine whether a hemoclip that is intentionally used but negligently placed and negligently left in a patient’s body following surgery may be considered a “foreign object” that establishes an exception to the one-year statute of limitations and the three-year statute of repose. The trial court denied the defendant physicians’ motions for summary judgment after finding that a hemoclip may be a “foreign object” under Tennessee Code Annotated section 29-26-116(a)(4) (2005). Although the trial court granted an interlocutory appeal, the appeal was denied by the Court of Appeals. See Tenn. R. App. P. 9. We granted review and now affirm the trial court’s order denying the defendants’ motions for summary judgment for the reasons set out in this opinion. The case is remanded to the trial court for further proceedings.

http://www.tba2.org/tba_files/TSC/2006/chambersmj070306.pdf


LAURA D. BLEDSOE v. BRIAN KEITH KERPER

Court: TCA

Attorneys:

Brian K. Kerper, Pro Se.

Laura D. Bledsoe, Pro Se.

Judge: DAVID R. FARMER

Father appeals the order of the Juvenile Court of Memphis and Shelby County setting child support and retroactive child support. We affirm.

http://www.tba2.org/tba_files/TCA/2006/bledsoel070306.pdf


JOHN FLOYD HOWELL, JR. v. REBECCA MOSELEY HOWELL

This is a corrected opinion.


Court: TCA

Attorneys:

Karla C. Hewitt, Nashville, Tennessee, for the appellant, John Floyd Howell, Jr.

Marlene Eskind Moses and John D. Kitch, Nashville, Tennessee, for the appellee, Rebecca Moseley Howell.

Judge: WILLIAM B. CAIN

This appeal concerns Husband’s efforts to reduce his alimony in futuro obligation following a twenty-two year marriage. Less than one year after the final decree of divorce, Husband’s job was eliminated and he sought alternative employment. However, Husband incurred a significant reduction in compensation at his new job and thus he petitioned the court for a modification of spousal support. Wife counter-petitioned for arrearage and contempt asserting that Husband had ceased paying alimony and child support. Upon finding that a substantial and material change in circumstances had occurred, the trial court reduced Husband’s alimony payment. However, the court also found Husband in civil contempt for willful failure to pay alimony and child support. The court denied Husband’s request for a retroactive reduction in alimony and entered a judgment against him for alimony arrears. Husband appealed. The judgment of the trial court is affirmed in part and reversed in part and remanded.

http://www.tba2.org/tba_files/TCA/2006/howelljCORR070306.pdf


ANNIE E. HYDE JOHNSON ET AL. v. JOHN HANCOCK FUNDS ET AL.

Court: TCA

Attorneys:

H. Naill Falls, Jr., Nashville, Tennessee, for the appellants, Annie E. Hyde Johnson, Linda D. Johnson, and Mary Anne Howland.

Hugh C. Howser, Jr. and Kevin C. Baltz, Nashville, Tennessee, for the appellee, Signator Investors, Inc.

Judge: WILLIAM C. KOCH, JR.

This appeal involves a dispute between a registered investment advisor and three of its clients regarding the investment advice the clients received from one of its agents. The clients filed suit against the advisor in the Chancery Court for Davidson County. The trial court dismissed the clients’ Tennessee Consumer Protection Act claim for failure to state a claim upon which relief can be granted. After excluding the testimony of the clients’ financial expert, the trial court also granted the advisor a summary judgment dismissing the investors’ claims based on common-law fraud and misrepresentation, negligence, and breach of fiduciary duty. The investors have appealed. We have determined that the trial court erred by dismissing the investors’ Tennessee Consumer Protection Act claims, by excluding the testimony of the plaintiffs’ expert, and by granting a summary judgment dismissing the investors’ remaining claims. Accordingly, we vacate the orders and remand the case for further proceedings.

http://www.tba2.org/tba_files/TCA/2006/johnsona070306.pdf


NICKELL, INC. v. NICK PSILLAS, ET AL.

Court: TCA

Attorneys:

R. Francene Kavin, Brentwood, Tennessee, for the appellants, Nick Psillas, et al.

Thomas W. Hardin, Patrick M. Carter, for the appellee, Nickell, Inc.

Judge: PATRICIA J. COTTRELL

The trial court found venue on a contract claim resided in plaintiff’s county on the theory that venue in an action to collect a debt is in the creditor’s county. We reverse.

http://www.tba2.org/tba_files/TCA/2006/nickellinc070306.pdf


CHESTER B. OWENS, ET AL. v. TENNESSEE RURAL HEALTH IMPROVEMENT ASSOCIATION, ET AL.

Court: TCA

Attorneys:

Robert B. Littleton, Taylor B. Mayes and David L. Johnson, for the appellants, Tennessee Rural Health Improvement Association and BlueCross BlueShield of Tennessee.

Mark L. Agee and Jason C. Scott, Trenton, Tennessee, for the appellees, Chester B. Owens and wife, Francine Owens.

Judge: DAVID R. FARMER

Plaintiffs filed this declaratory judgment action to determine whether their claims for insurance benefits were covered under their health insurance policy. Defendant insurance carrier asserted the policy of insurance was void where Plaintiffs’ application for insurance contained material misrepresentations that increased the risk of loss. The trial court entered judgment for Plaintiffs and Defendants appeal. We affirm.

http://www.tba2.org/tba_files/TCA/2006/owensc070306.pdf


DOROTHY OWENS, As Conservator of MARY FRANCIS KING, an incapacitated person v. NATIONAL HEALTH CORPORATION, ET AL.

Court: TCA

Attorneys:

John B. Curtis, Jr., Bruce D. Gill, Chattanooga, TN, for Appellants

Brian G. Brooks, Richard E. Circeo, Nashville, TN, for Appellee

Judge: ALAN E. HIGHERS

In this appeal, we are asked to determine whether the circuit court properly denied the defendants’ motion to compel arbitration. The circuit court found that a patient’s attorney-in-fact for health care decisions could not validly execute a nursing home admission contract containing an agreement to arbitrate on behalf of the patient. On appeal, the appellants contend that the attorney-in-fact could validly execute the admission contract on behalf of the patient based on the language of the durable power of attorney. The patient’s conservator argues that signing a waiver of a jury trial is beyond the scope of the attorney-in-fact’s authority. Additionally, the patient’s conservator contends that, if the contract is valid, this Court should affirm the circuit court’s decision because the agreement to arbitrate included within the admissions contract is unenforceable as a matter of law. We reverse and remand to the circuit court for the entry of an order compelling arbitration.

http://www.tba2.org/tba_files/TCA/2006/owensd070306.pdf


BENJAMIN WINANS v. DEBRA D. WINANS

Court: TCA

Attorneys:

Mary Frances Lyle and Jeffrey L. Levy, Nashville, Tennessee, for the appellant, Debra D. Winans.

John D. Schwalb, Franklin, Tennessee, for the appellee, Benjamin Winans.

Judge: FRANK G. CLEMENT, JR.

Father filed this post-divorce petition seeking a change in custody and a temporary restraining order to prevent Mother from relocating to Texas with the children. Mother responded with a counter petition for relocation and contempt due to Father’s failure to timely pay alimony and child support. The trial court denied Mother’s request to relocate based on a finding the parties were spending substantially equal time with the children, and it was not in the children’s best interest to relocate to Texas. It also denied Father’s custody petition, found Father in contempt for failure to pay alimony and child support, and assessed attorney fees against Father. Both parties appeal. Finding the trial court placed too great an emphasis on one factor in denying relocation, we reverse the denial of Mother’s petition to relocate. We affirm the trial court in all other respects.

http://www.tba2.org/tba_files/TCA/2006/winansb070306.pdf


STATE OF TENNESSEE v. GARY C. BULLINGTON

Court: TCCA

Attorneys:

Charles Bobbitt, Jr., Hendersonville, Tennessee, for the appellant, Gary C. Bullington.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Lawrence Ray Whitley, District Attorney General; and Lytle Anthony James, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: DAVID H. WELLES

The Defendant, Gary C. Bullington, was convicted upon a jury verdict of driving under the influence of an intoxicant (“DUI”); felony evading arrest; driving on a revoked license, ninth offense; and two counts of vehicular assault. For these convictions, the Defendant received an effective twenty-four-year sentence in the Department of Correction. In this appeal as of right, the Defendant presents a single issue for our review: whether the trial court properly denied his motion to suppress drug and alcohol test results due to the State’s failure to preserve the blood sample taken from the Defendant following his arrest. After a review of the record, we conclude that the test results were admissible; however, finding plain error, double jeopardy principles require us to vacate the Defendant’s DUI conviction. In all other respects, the judgments of the trial court are affirmed.

http://www.tba2.org/tba_files/TCCA/2006/bullingtong070306.pdf


RICKY BUTLER v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Dwight E. Scott, Nashville, Tennessee for the appellant, Ricky Butler.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Mike Bottoms, District Attorney General; and Larry Nickell, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: JERRY L. SMITH

The petitioner pled guilty to two counts of aggravated sexual battery. He later filed a petition for post-conviction relief. The post-conviction court held a hearing on May 8, 2003. The court then entered an order on May 9, 2003 denying the petition. The petitioner filed a pro se notice of appeal over a year and a month later on June 17, 2004. We now dismiss the petitioner’s appeal because the notice of appeal was filed outside of the thirty days required under Rule 4 of the Tennessee Rules of Appellate Procedure.

http://www.tba2.org/tba_files/TCCA/2006/butlerr070306.pdf


STATE OF TENNESSEE v. JAMES CASTILE

Court: TCCA

Attorneys:

Roger E. Nell, District Public Defender, Clarksville, Tennessee, for the appellant, James Castile.

Paul G. Summers, Attorney General & Reporter; Brent C. Cherry, Assistant Attorney General; John Carney, District Attorney General, and Helen Young, Assistant District Attorney General, for the appellant, State of Tennessee.

Judge: JERRY L. SMITH

The appellant, James Castile, was indicted with charges of manufacturing methamphetamine, possession of methamphetamine with intent to sell, possession of methamphetamine with intent to deliver and criminal impersonation. Prior to trial, the trial court denied a motion to suppress the evidence which alleged that the evidence seized as a result of a search of his person and a search of his hotel room was unconstitutional. After a jury trial, the appellant was found guilty of manufacturing methamphetamine, possession of methamphetamine with the intent to deliver, simple possession of methamphetamine and criminal impersonation. At a sentencing hearing, the trial court disregarded the simple possession conviction as a lesser-included offense of the manufacturing and possession counts and sentenced the appellant as a Range II offender to an eight-year sentence for manufacturing methamphetamine, an eight-year sentence for possession of methamphetamine with intent to deliver and a six-month probationary sentence for criminal impersonation. The trial court ordered the sentences to run concurrently to each other, but consecutively to a previously imposed sentence for which the appellant was on probation from the State of Kentucky. After the denial of a motion for new trial, the appellant filed a timely notice of appeal. On appeal, the appellant argues that: (1) the trial court erred in denying the motion to suppress; (2) the evidence was insufficient to support the verdict; (3) the trial court erred by sentencing the appellant as a Range II offender and; (4) the trial court erred by ordering the sentence to be served consecutively to the Kentucky sentence. For the following reasons, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/castilej070306.pdf


WILLIAM C. KELLEY v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

William C. Kelley, pro se, Clifton, Tennessee.

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

Judge: ROBERT W. WEDEMEYER

The Petitioner, William C. Kelley, appeals the trial court’s dismissal of his motion to correct error in record. 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. We find the State’s motion has merit. Accordingly, the motion is granted and the appeal is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals.

http://www.tba2.org/tba_files/TCCA/2006/kellyw070306.pdf


STATE OF TENNESSEE v. JOHN STERLING LEWIS

Court: TCCA

Attorneys:

David Brady, Public Defender; John B. Nisbet, III, Assistant Public Defender (on appeal); and Joe L. Finley, Jr., Assistant Public Offender (at trial), Cookeville, Tennessee, for the Appellant, John Sterling Lewis.

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; William E. Gibson, District Attorney General; and Marty S. Savage, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: DAVID G. HAYES

The Appellant, John Sterling Lewis, was convicted by a White County jury of driving under the influence (“DUI”), first offense. Following a sentencing hearing, the trial court imposed a sentence of eleven months and twenty-nine days, requiring service of six months in jail, and further ordered that the sentence was to be served at 100% before Lewis was eligible for work release, furlough, trusty status, or rehabilitative programs. On appeal, Lewis raises three issues for our review: (1) whether the evidence is sufficient to support the conviction; (2) whether the court imposed an excessive sentence by ordering six months confinement, by requiring 100% service, and by ordering that the sentence be served consecutively to an outstanding Cumberland County DUI sentence; and (3) whether the court had the authority to require Lewis to continue to report to the trial court for purposes of a status report notwithstanding his appeal of the case. Following review, the judgment of conviction and the six-month sentence are affirmed. However, because the trial court failed to make findings of fact with regard to consecutive sentencing, we remand the case to the trial court for a determination of whether consecutive sentencing is warranted in this case.

http://www.tba2.org/tba_files/TCCA/2006/lewisjs070306.pdf


STATE OF TENNESSEE v. SANTOS MACARENA

Court: TCCA

Attorneys:

Santos Macarena, Tiptonville, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Leslie Price, Assistant Attorney General; William C. Whitesell, Jr., District Attorney General; and Jennings H. Jones, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: JOSEPH M. TIPTON

The defendant, Santos Macarena, pled guilty in the Rutherford County Circuit Court to one count of possession with the intent to deliver more than 300 grams of cocaine, a Class A felony, and the trial court sentenced him in an amended judgment of conviction to serve fifteen years as a Range I, standard offender in the Department of Correction. The defendant’s amended judgment of conviction states that the defendant “agrees to waive any and all appeal &/or post conviction relief issues.” The defendant, pro se, appeals his conviction, claiming that the state improperly pursued his case, that the state ignored a third-party confession, that the trial court erred in failing to suppress the evidence, and that his attorney’s performance was constitutionally deficient. We conclude the trial court lacked jurisdiction to enter an amended judgment of conviction, and we remand the case to the trial court for further proceedings consistent with this opinion.

http://www.tba2.org/tba_files/TCCA/2006/macarenas070306.pdf


MARK J. METZ v . STATE OF TENNESSEE

Court: TCCA

Attorneys:

Mark J. Metz, Pro Se, Nashville, Tennessee.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Dan Hamm, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: JERRY L. SMITH

In December of 2004, the petitioner pled guilty to attempted especially aggravated robbery and aggravated robbery. On May 25, 2005, the petitioner filed a timely petition for post-conviction relief. By order on June 13, 2005, the post-conviction court denied the petition without appointing counsel or holding an evidentiary hearing. The petitioner appeals arguing that the post-conviction court should have held a hearing. The State concedes that the petitioner is correct. We agree as well. We reverse the decision of the post-conviction court and remand for further proceedings in accordance with this opinion.

http://www.tba2.org/tba_files/TCCA/2006/metzm070306.pdf


STATE OF TENNESSEE v. JERRY JEROME PRIMM

Court: TCCA

Attorneys:

Michael Colavecchio, Nashville, Tennessee, for the Appellant, Jerry Jerome Primm.

Paul G. Summers, Attorney General & Reporter; Preston Shipp, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and James Todd, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: JAMES CURWOOD WITT, JR.

A Davidson County jury convicted the defendant, Jerry Jerome Primm, of second degree murder, especially aggravated kidnapping, and felony murder, for which he received an effective sentence of life imprisonment plus twenty years. Aggrieved that his convictions were unsupported by sufficient evidence and that his sentences were erroneous, he now brings the instant appeal. We affirm.

http://www.tba2.org/tba_files/TCCA/2006/primmjj070306.pdf


LEON J. ROBINS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Wendy S. Tucker, Nashville, Tennessee, for the appellant, Leon J. Robins.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Senior Counsel; Victor S. (Torry) Johnson, III, District Attorney General; and Bret Thomas Gunn, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: JOSEPH M. TIPTON

The petitioner, Leon J. Robins, appeals the Davidson County Criminal Court’s dismissal of his petition for post-conviction relief from his conviction for first degree premeditated murder and resulting sentence of life imprisonment. On appeal, the petitioner claims that he received the ineffective assistance of counsel, that the trial court lacked jurisdiction to enter the judgment, that the trial court erred in denying the petitioner’s trial attorney’s motion to withdraw, that the trial court erred in denying the petitioner his right to testify in his own defense, that the trial court erred in allowing prejudicial and irrelevant testimony into evidence, that he was the victim of prosecutorial misconduct, and that the trial court erred in instructing the jury. We affirm the trial court’s dismissal of the petition.

http://www.tba2.org/tba_files/TCCA/2006/robinsl070306.pdf


STATE OF TENNESSEE v. MILLARD E. SMITH

Court: TCCA

Attorneys:

Ross E. Alderman, District Public Defender; and Emma Rae Tennent (on appeal), Amy Harwell and Katie Weiss (at trial), Assistant Public Defenders, for the appellant, Millard E. Smith.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Senior Counsel; Victor S. (Torry) Johnson, III, District Attorney General; and Pamela Anderson and Dumaka Shabazz, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: JOHN EVERETT WILLIAMS

Millard E. Smith, the defendant, was indicted and stood trial on one count of aggravated rape. A jury convicted the defendant on the lesser included offense of rape (Class B felony). The defendant was sentenced as a repeat, violent offender to life without parole. He now appeals his conviction, asserting that the evidence was insufficient to convict. After review, we conclude the evidence was overwhelming and affirm the judgment of conviction.

http://www.tba2.org/tba_files/TCCA/2006/smithm070306.pdf


REESE L. SMITH JR. v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Reese L. Smith, Jr., Springfield, Tennessee, Pro se.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; John W. Carney Jr., District Attorney General; Dent Morriss, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: ROBERT W. WEDEMEYER

The Defendant, Reese L. Smith Jr., was convicted of two counts of impersonating a licensed professional, and the trial court sentenced him to concurrent sentences of two years for each count to be served on probation. On appeal, the Defendant seemingly contends that the evidence is insufficient to sustain his convictions. Finding that there exists no reversible error, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/smithr070306.pdf


STATE OF TENNESSEE v. ROY D. WAKEFIELD

Court: TCCA

Attorneys:

Dale M. Quillen and Kenneth Quillen, Nashville, Tennessee (on appeal); and Glenn R. Funk, Nashville, Tennessee (at trial), for the appellant, Roy D. Wakefield.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Senior Counsel; Ronald L. Davis, District Attorney General; and Mary Katharine White, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: JOSEPH M. TIPTON

A Williamson County Circuit Court jury convicted the defendant, Roy D. Wakefield, of rape of a child, a Class A felony. The trial court sentenced him to serve twenty-three years at one hundred percent in the Department of Correction. On appeal, the defendant contends (1) that the evidence was insufficient, (2) that the trial court erred in commenting on the credibility of the victim, (3) that the trial court erred in allowing an unrelated hearing to interrupt the trial, (4) that the trial court erred in allowing a witness to testify about her conclusions about marks on the victim, (5) that the trial court erred in refusing to answer the jury’s question on the ranges of punishment, and (6) that the trial court erred in rushing the jury to reach a verdict. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/wakefieldr070306.pdf


TODAY'S NEWS

Legal News
TBA Member Services

Legal News
Ethics job draws variety of applicants
Among those who've applied to be the executive director of the newly created Tennessee Ethics Commission are several lawyers, including Board of Professional Responsibility Disciplinary Counsel William Walter "Tripp" Hunt III. Also in the mix are an ethics professor, a pastor, and the policy advisor to Canada's Ethics Commission. Others in the avalanche of 116 applications the state received touted a wide variety of job skills: a flight attendant, a former veterinary technician who is now a stay-at-home dad who toys with photography and a man who moved to the Nashville area to launch an entertainment company. For a list of some of the candidates, read the story in the
Tennessean.
Evaluation Commission report circulated
As required by the statute, the recent Tennessee Judicial Evaluation Commission Report was included in Sunday's Tennessean. The report, which includes recommendations on three Supreme Court justices, and all members of the Court of Appeals and Court of Criminal Appeals, who are subject to rentention election. It also includes recommendations for improvement in performance for some of the judges. The evaluation is a TBA-backed feature of the Tennessee Plan for merit selection and retention. Read it on
TBALink.
Judge issues mea culpa over mass traffic ticket dismissals
Back in February, a slew of traffic offenders got a late Christmas present when General Sessions Judge Casey Moreland retired all of the 72 Metro traffic tickets that were on his docket that day. Now, more than four months later, Moreland is having a bit of Santa’s remorse. In a letter he sent last week to The City Paper, Moreland scribed a heartfelt mea culpa over the February incident.
Read his apology.
Greer is new TTLA president
Attorney Stephen T. Greer of Dunlap was sworn in as the 41st president of the Tennessee Trial Lawyer’s Association at ceremonies at its annual convention in Memphis recently. Read more about him in the
Grundy County Herald.
New Gibson County jail to do more than punish
Gibson County's new jail doesn't just incarcerate -- it's designed to rehabilitate. Read the editorial in the
Jackson Sun.
Let freedom ring
The Tennessee Bar Association offices will be closed Tuesday in celebration of Indedpendence Day. Happy July 4th!

Death-row DNA appeals can depend on timing
A legal argument over using DNA evidence to overturn criminal convictions kept death-row inmate Sedley Alley from being executed for a while. But he ultimately failed to get the DNA tests on evidence he hoped would prove him innocent of murder. Attempts such as Alley's to overturn old convictions with new science are becoming more common, but "DNA isn't a magic solution," said Nita Farahany, assistant law professor at Vanderbilt University. Read the story in the
Knoxville News Sentinel.
Historic Courthouse to get some attention
Since Williamson County's new Judicial Center opened in May 2004, the old courthouse hasn't had much use. But now it may be renovated for additional court and legal services, as well as county-related agencies, the
Williamson Herald reports.
July 3 in Supreme Court's history
Look back at U.S. Supreme Court actions for today 25, 50, 75, 100 and 125 years ago in this installment of the Commercial Appeal's
Memphis Memories.
TBA Member Services
Make the most of your TBA membership
Contact Membership Director Sarah Hendrickson for more information on our money saving member benefits. Call 800.899.6993 or email shendrickson@tnbar.org


 
 
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