Yarbrough said to be a top candidate for U.S. Attorney

Nashville lawyer Ed Yarbrough is being considered for U.S. Attorney for Middle Tennessee, NashvillePost.com reports this afternoon. "Sources say Yarbrough is on a shortlist of candidates, and possibly at the top of the list, for the job of running the federal government's prosecutorial law firm," the publication says. Yarbrough would replace Jim Vines, who left his position at the end of September. You can read more about it at NashvillePost.com (requires a subscription fee):

http://www.nashvillepost.com/

TODAY'S OPINIONS
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Editor-in-Chief, TBALink

MILDRED ELAINE MILLER v. JAY HILL DAVIDSON

Court: TCA

Attorneys:

L. Bruce Peden, Columbia, Tennessee, for the appellant, Mildred Elaine Miller.

Larry Samuel Patterson Jr., Columbia, Tennessee, for the appellee, Jay Hill Davidson.

Judge: KOCH

This appeal involves a former husband's efforts to stop making monthly payments to his former wife as required by their marital dissolution agreement. Seven years after the divorce, the former husband filed a petition in the Chancery Court for Maury County claiming that these payments were alimony and that he was no longer required to pay them because his former wife had married again. Following a bench trial, the trial court concluded that the disputed payments were alimony payments even though the parties' marital dissolution agreement had characterized them as part of the division of the marital estate. Accordingly, the trial court held that the former husband was no longer required to make the monthly payments to his former wife. The former wife has appealed. We have determined that the trial court erred by classifying the disputed payments as alimony and by relieving the husband of his obligation to continue paying them.

http://www.tba2.org/tba_files/TCA/2006/millerm_100606.pdf


JAMES L. RUBIO, ET AL. v. PRECISION AERODYNAMICS, INC.

Court: TCA

Attorneys:

Stephen T. Greer, Dunlap, Tennessee, for the appellant, Precision Aerodynamics, Inc.

G. Patrick Watson, Atlanta, Georgia, and J. Harvey Cameron, Jasper, Tennessee, for the appellees, James L. Rubio and Ann Rubio.

Judge: CLEMENT

Plaintiff brought this action to authenticate and enforce a $53,000,000 default judgment awarded against Defendant by the Superior Court of Walton County, Georgia. Defendant, a Tennessee corporation, contends the Georgia judgment is void because the Georgia court never had in personam jurisdiction over Defendant. The basis of the collateral attack on the Georgia judgment is that service of process was insufficient because the summons was served on the personal secretary of Defendant's registered agent, not Defendant's registered agent. The Circuit Court of Sequatchie County, Tennessee ruled the service of process was valid and the judgment was enforceable. We affirm.

http://www.tba2.org/tba_files/TCA/2006/rubioj_100606.pdf


STATE OF TENNESSEE v. SCOTT NOLAN TABOR

Court: TCCA

Attorneys:

David Brady and John B. Nisbet, III (on appeal) and Joe L. Finley, Jr. (at trial), Cookeville, Tennessee, for the appellant, Scott Nolan Tabor.

Paul G. Summers, Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; William Edward Gibson, District Attorney General; and Gary McKinzie, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The appellant, Scott Nolan Tabor, pled guilty in the Cumberland County Criminal Court to theft of property valued ten thousand dollars or more but less than sixty thousand dollars and received a four-year sentence to be served on supervised probation. Subsequently, the trial court revoked the appellant's probation and ordered that he serve his entire sentence in confinement. On appeal, the appellant claims that the trial court erred by ordering him to serve his sentence in confinement and that the trial court had no jurisdiction to revoke his probation. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/tabors_100606.pdf


TODAY'S NEWS

Legal News
Election 2006

Legal News
Johnson's lawyers withdraw, court denies motion for new clemency counsel
The private law firm of Waller Lansden Dortch & Davis, which had been representing death row inmate Donnie Johnson of Covington, has withdrawn from the case because former Tennessee attorney general Paul Summers joined the firm this week as a partner, the Commercial Appeal reports. The state Office of the Post Conviction Defender then asked the state Supreme Court to allow it to represent Johnson and to postpone his execution, which is set for Oct. 25. Today the Supreme Court denied the motion to appoint clemency counsel and reset execution date.
Read why it was denied in the court's order
Abused women's program helps clients in legal maze
The YWCA's Abused Women's Services Court Advocacy Program helps women figure out the legal system. "My life has changed tremendously because of the program," a client said. "They have been there for me." Laura James, program director, helped the woman understand legal documents, attended court proceedings with her and so far has counseled her for more than 10 months. The first full-time court advocate was hired in 1997. The program grew to four counselors, but now only has one because of funding decreases. "It's harder because the number of victims has stayed the same," James said. "We just have to work really hard."
Read about the program in the Memphis Daily News
Young offenders pay heavy price
Cyntoia Brown, 18, is scheduled to be sentenced today to state prison for at least the next 51 years of her life after a conviction in August for murdering a Nashville real estate agent. She was 16 at the time of the murder, and will be eligible for parole sometime after her 69th birthday. Brown will join dozens of other Tennessee inmates who are serving life sentences for crimes they committed as children.
Read more in the Tennessean
Child Advocacy Center hires forensic interviewer
The 23rd Judicial District Child Advocacy Center in Burns has hired a new forensic interviewer, part of the team that handles child abuse cases. Alison Galbrait began this week the daunting task of interviewing kids who have suffered physical, emotional and sexual abuse at the hands of family, family friends or other offenders.
Read what her job entails in the Tennessean
U.S. gets agencies to adapt for disabled
U.S. Attorney General Alberto Gonzales said Thursday that 1,800 complaints out of 2,000 cases involving the Americans With Disabilities Act had been settled through mediation during the last five years. "We have accomplished this through an aggressive program of enforcement and public education," Gonzales said at the annual conference of the U.S. Business Leadership Network, the Associated Press reports.
Read the details in the Kingsport Times-News
Brown talks about Senate testimony
Memphis lawyer Gary M. Brown gives insight from his recent appearance before the U.S. Senate's Permanent Subcommittee on Investigations, as well as other aspects of his law practice.
Read the interview in the Memphis Daily News
Election 2006
TBI probing alleged vote buying
Authorities are conducting a criminal probe into allegations of vote buying by two people in Union County. Eighth Judicial District Attorney General William Paul Phillips said today the Tennessee Bureau of Investigation is looking into the election activities of Union County Commissioner Charlie Cox and another person he wouldn't identify. Apparently, however, the probe did not begin because of allegations in the contested 8th Judicial District public defender race, which has generated a lawsuit alleging similar practices.
The News Sentinel has more

 
 
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