'Super' and 'Best' lawyers can advertise they are on the list

The Board of Professional Responsibility has issued an Advisory Ethics Opinion, saying that lawyers may advertise if they were named to the "Best Lawyers in America" or "Super Lawyers" listings. It's OK, as long as the lawyer doesn't "go further and refer to themselves subjunctively as 'super' or 'the best,'" the BPR warns.


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02 - TN Supreme Court
01 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
00 - TN Court of Appeals
05 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


Court: TSC


Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; John H. Bledsoe, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Steven Sworn, Assistant District Attorney General, for the Appellant, State of Tennessee.

Mark E. Stephens, District Public Defender, and Robert C. Edwards, Assistant Public Defender, for the Appellee, Clinton Burns, III.

Jerry P. Black, Jr., and Wade V. Davies, Knoxville, Tennessee, for the Amicus Curiae, Tennessee Association of Criminal Defense Lawyers.


We accepted this appeal to determine whether a juvenile charged with being delinquent by virtue of having committed an offense which would be a felony if committed by an adult is entitled to a jury trial on appeal de novo to circuit court. We answer that question in the negative. Accordingly, we reverse the judgment of the Court of Appeals.



Court: TSC



Court: TWCA


William Steven Taylor, Memphis, TN, for the appellant, Jennifer Kelly.

Gregory Dean Jordan, John D. Stevens & Todd D. Siroky, Jackson, TN, for the appellee, Dollar General Corporation.

Judge: J. S. (Steve) Daniel

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. On appeal, the employee contends that the trial court erred in granting the employer's motion for summary judgment with regard to the employee's back injury claim based upon the expiration of the statute of limitations. The employee further contends that the trial court erred in dismissing her carpal tunnel claim at the conclusion of trial after finding that the claim was untimely and that the employee failed to provide the employer with proper notice. We conclude that the trial court erred in granting summary judgment regarding the employee's claim for her back injury because there are material issues of fact as to when the employee leaned of the nature and extent of her back injury and the relationship of the injury to her work activity. We further conclude that the employee met the statute of limitations and notice requirements with regard to her carpal tunnel injuries. Accordingly, we reverse the judgment of the trial court and remand the case to the trial court for further proceedings consistent with this opinion.



Court: TCCA


William Arnold Cameron, Cookeville, Tennessee, Attorney for the Appellant, David Michael Anderson, Jr.

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

Judge: J.S. DANIEL

The appellant, David Michael Anderson, Jr., pleaded guilty to driving under the influence, first offense, and reserved, under Tennessee Rule of Criminal Procedure 37(b)(2)(i), a certified question of law dispositive of the case. The certified question of law is whether the officer in this case lacked reasonable suspicion to effect a seizure in stopping appellant and as a result the evidence seized should have been suppressed. Following our review, we agree with appellant, reverse the judgment of the trial court and dismiss the charge.



Court: TCCA


Mike A. Hickman, Maryville, Tennessee, for the appellant, Dewayne R. Cross

Paul G. Summers, Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Michael L. Flynn, District Attorney General; Rocky H.Young, Assistant District Attorney General, for the appellee, State of Tennessee.


The Petitioner, Dewayne R. Cross, was convicted of rape, and the trial court sentenced him as a violent offender to nine years in the Tennessee Department of Correction. He appealed, this Court affirmed the conviction, and the Petitioner filed a petition and two amended petitions for post-conviction relief. Following a hearing, the trial court dismissed the petitions. The Petitioner now appeals, contending that the post-conviction court erred when it found that the Petitioner received the effective assistance of counsel. Finding no reversible error, we affirm the judgment of the post-conviction court.



Court: TCCA


Paul G. Summers, Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Bret Gunn, Assistant District Attorney General, for the Appellee, State of Tennessee.

Ryan Craig Caldwell, Attorney for the Appellant, Jenaline Fisher

Judge: J. S. Daniel

Petitioner, Jenaline Fisher, contends that the trial court erred in failing to grant her post-conviction relief petition. She contends that the entry of her guilty plea to second degree murder was not knowingly and voluntarily entered. After a thorough review of the record, we affirm the trial court's dismissal of the post-conviction petition.



Court: TCCA


David Brady, John B. Nisbet, III, and April Craven, Cookeville, Tennessee, for the appellant, Peggy Dale Hall.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; William E. Gibson, District Attorney General; Dale Potter, Assistant District Attorney General, for the appellee, State of Tennessee.


The Defendant, Peggy Dale Hall, was convicted of four counts of statutory rape, and the trial court sentenced her to an eight-year probationary sentence. A violation of probation warrant was subsequently issued, and the Defendant admitted violating the rules of her probation. On appeal, the Defendant contends that the trial court erred when, after revoking her probation, it ordered her to serve the balance of her eight-year sentence in prison. Finding that there exists no reversible error, we affirm the judgment of the trial court.


Correction to opinion.


Court: TCCA


R. Alexander Brown, (at trial and on appeal), and Tom Slaughter, (at trial), Knoxville, Tennessee, for the appellant, Matthew Lee Rogers.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Randall E. Nichols, District Attorney General; and John Halstead, Kevin Allen and Joe Lodato, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: J.C. MCLIN

The defendant, Matthew Lee Rogers, was convicted by jury of aggravated arson. He was later sentenced to twenty years in confinement as a Range I, violent offender. The defendant now appeals, arguing: (1) the evidence is insufficient to convict him of aggravated arson; (2) the trial court erred in instructing the jury on aggravated arson and reckless burning; and (3) the trial court erred by not granting a new trial after one or more of the jurors consulted an electronic dictionary in order to ascertain the meaning of "structure" as it related to the offense of aggravated arson. After thorough consideration of the record and applicable law, we reverse the defendant's conviction and remand for a new trial.



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